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Spammer loses in the court of public opinion

Columnist Mike Cassidy of the SJ Mercury News dedicates his column today to explaining how horribly a spammer named Michael Luckman is being treated by Spamhaus.
The gist of the story is that Mr. Luckman thinks that because it is legal to purchase lists and send mail that there is nothing anyone can do to stop him from doing so. Unfortunately for Mr. Luckman, this isn’t actually true. Simply complying with the law does not mean that spamming behaviour has to be tolerated by ISPs. What’s more, ISPs have a lot of power to stop him.
His recipients’ ISPs can stop him. Filtering companies can stop him. And his upstream can stop him. In fact, Mr. Luckman’s upstream is GoDaddy, a company that has an abuse desk that is one of the toughest on the Internet. They do not tolerate spamming at all and will disconnect customers that are spamming whether or not there is a SBL listing involved.
Sure, Mr. Luckman is complying, or says he’s complying, with CAN SPAM. But that doesn’t change the fact that he is violating his contract with GoDaddy. Given that admission, I am extremely surprised that the reporter focused so exclusively on Spamhaus’ role in this, without mentioning GoDaddy’s abuse enforcement or that Mr. Luckman has to comply with contracts he signed.
Most reputable marketers agree that sending mail to purchased email addresses is spam. Most recipients agree that mail they didn’t ask to receive is spam. Even the reporter agrees that Mr. Luckman is a spammer. Compliance with CAN SPAM doesn’t mean anyone is required to accept his mail, nor provide him with a connection to the rest of the internet.
This is a lesson Mr. Luckman is having problems learning. Instead of fixing his process so he isn’t sending spam, he contacts a reporter to plead his case in the court of public opinion. Sadly for him, most people hate spam and won’t defend a self admitted spammer against a blocking group. In fact, over 80% of the people who have voted in the “has Spamhaus gone too far” poll have said no. What’s your vote?

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Where do subscribers come from?

Do you know all the ways subscribers can get on your lists?
Are you sure?
I recently used the contact form belonging to a marketing company to inform them that someone had stolen my email address from their database and I was receiving spam to the address only they had.
They had an opt-out link on the form, allowing me to opt-out of personal contact and a demo of their product. But that opt-out didn’t translate to not adding me to their marketing list.
When I contacted the person who was talking with me about the address leak, he told me it was the contact form that led to my address ending up on their marketing list. I asked, just to make sure, if I did remember to check the opt-out link. He confirmed I had, but there was an oversight when they updated their contact page and there was no opt-out for marketing mail.
I believe that the majority of delivery problems for real companies that “only send mail with permission” come from these types of oversights. The biggest problem with these oversights is how long they can go on until companies notice the effect. With the overall  focus on aggregate delivery statistics (complaint rates, bounces, etc) oversights like this aren’t noticed until they cause some massive problem, like a SBL listing or a block at a major ISP.
The company involved in this most recent incident was very responsive to my contact and immediately corrected the oversight. But there are other companies that don’t notice or respond to the notifications individuals send. This leads to resentment and frustration on the part of the recipient.
Every company should have at least one person who can account for every address on their marketing list. Who is that person at your company?
 

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