Hunting the Human Representative

Yesterday’s post was inspired by a number of questions I’ve fielded recently from people in the email industry. Some were clients, some were colleagues on mailing lists, but in most cases they’d found a delivery issue that they couldn’t solve and were looking for the elusive Human Representative of an ISP.
There was a time when having a contact inside an ISP was almost required to have good delivery. ISPs didn’t have very transparent systems and SMTP rejection messages weren’t very helpful to a sender. Only a very few ISPs even had postmaster pages, and the information there wasn’t always helpful.
More recently that’s changed. It’s no longer required to have a good relationship at the ISPs to get inbox delivery. I can point to a number of reasons this is the case.
ISPs have figured out that providing postmaster pages and more information in rejection messages lowers the cost of dealing with senders. As the economy has struggled ISPs have had to cut back on staff, much like every other business out there. Supporting senders turned into a money and personnel sink that they just couldn’t afford any longer.
Another big issue is the improvement in filters and processing power. Filters that relied on IP addresses and IP reputation did so for mostly technical reasons. IP addresses are the one thing that spammers couldn’t forge (mostly) and checking them could be done quickly so as not to bottleneck mail delivery. But modern fast processors allow more complex information analysis in short periods of time. Not only does this mean more granular filters, but filters can also be more dynamic. Filters block mail, but also self resolve in some set period of time. People don’t need to babysit the filters because if sender behaviour improves, then the filters automatically notice and fall off.
Then we have authentication and the protocols now being layered on top of that. This is a technology that is benefiting everyone, but has been strongly influenced by the ISPs and employees of the ISPs. This permits ISPs to filter on more than just IP reputation, but to include specific domain reputations as well.
Another factor in the removal of the human is that there are a lot of dishonest people out there. Some of those dishonest people send mail. Some of them even found contacts inside the ISPs. Yes, there are some bad people who lied and cheated their way into filtering exceptions. These people were bad enough and caused enough problems for the ISPs and the ISP employees who were lied to that systems started to have fewer and fewer places a human could override the automatic decisions.
All of this contributes to the fact that the Human Representative is becoming a more and more elusive target. In a way that’s good, though; it levels the playing field and doesn’t give con artists and scammers better access to the inbox than honest people. It means that smaller senders have a chance to get mail to the inbox, and it means that fewer people have to make judgement calls about the filters and what mail is worthy or not. All mail is subject to the same conditions.
The Human Representative is endangered. And I think this is a good thing for email.

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We're gonna party like it's 1996!

Over on deliverability.com Dela Quist has a long blog post up talking about how changes to Hotmail and Gmail’s priority inbox are a class action suit waiting to happen.
All I can say is that it’s all been tried before. Cyberpromotions v. AOL started the ball rolling when they tried to use the First Amendment to force AOL to accept their unsolicited email. The courts said No.
Time goes on and things change. No one argues Sanford wasn’t spamming, he even admitted as much in his court documents. He was attempting to force AOL to accept his unsolicited commercial email for their users. Dela’s arguments center around solicited mail, though.
Do I really think that minor difference in terminology going to change things?
No.
First off “solicited” has a very squishy meaning when looking at any company, particularly large national brands. “We bought a list” and “This person made a purchase from us” are more common than any email marketer wants to admit to. Buying, selling and assuming permission are par for the course in the “legitimate” email marketing world. Just because the marketer tells me that I solicited their email does not actually mean I solicited their email.
Secondly, email marketers don’t get to dictate what recipients do and do not want. Do ISPs occasionally make boneheaded filtering decisions? I’d be a fool to say no. But more often than not when an ISP blocks your mail or filters it into the bulk folder they are doing it because the recipients don’t want that mail and don’t care that it’s in the bulk folder. Sorry, much of the incredibly important marketing mail isn’t actually that important to the recipient.
Dela mentions things like bank statements and bills. Does he really think that recipients are too stupid to add the from address to their address books? Or create specific filters so they can get the mail they want? People do this regularly and if they really want mail they have the tools, provided by the ISP, to make the mail they want get to where they want it.
Finally, there is this little law that protects ISPs. 47 USC 230 states:

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The coming changes

Yesterday I talked about how I’m hearing warnings of a coming paradigm shift in the email industry. While these changes will affect all sender, ESPs in particular are going to need to change how they interact with both ISPs and their customers.
Currently, ESPs are able to act as “routine conveyers.” The traffic going across their network is generated by their customers and the ESP only handles technical issues. Responsible ESPs do enforce standards on their customers and expect mailings to meet certain targets. They monitor complaints and unknown users, they monitor blocks and reputation. If customers get out of line, then the ESP steps in and forces their customer to improve their practices. If the customer refuses, then the ESP disconnects them.
Currently standards for email are mostly dictated by the ISPs. Many ESPs take the stance that if any mail that is not blocked by the ISPs then it is acceptable. But just because a certain customer isn’t blocked doesn’t mean they’re sending mail that is wanted by the recipients.
It seems this reactive approach to customer policing may no longer be enough. In fact, one of the large spam filter providers has recently offered their customers the ability to block mail from all ESPs with a single click. This may become a more common response if the ESPs don’t start proactively policing their networks.
Why is this happening? ISPs and filtering companies are seeing increasing percentages of spam coming out of ESP netspace. Current processes for policing customers are extremely reactive and there are many ESPs that are allowing their customers to send measurable percentages of spam. This situation is untenable for the filtering companies or the ISPs and they’re sending out warnings that the ESPs need to stop letting so much spam leave their networks.
Unsurprisingly, there are many members of the ESP community that don’t like this and think the ISPs are overreacting and being overly mean. They do not think the ISPs or filtering companies should be blocking all an ESPs customers just because some of the customers are sending unwanted mail. Paraphrased, some of the things I’ve heard include:

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Winning friends and removing blocks

I do a lot of negotiating with blocklists and ISPs on behalf of my clients and recently was dealing with two incidents. What made this so interesting to me was how differently the clients approached the negotiations.
In one case, a client had a spammer slip onto their system. As a result the client was added to the SBL. The client disconnected the customer, got their IP delisted from the SBL and all was good until the spammer managed to sweet talk the new abuse rep into turning his account back on. Predictably, he started spamming again and the SBL relisted the IP.
My client contacted me and asked me to intercede with Spamhaus. I received a detailed analysis of what happened, how it happened and how they were addressing the issue to prevent it happening in the future. I relayed the info to Spamhaus, the block was lifted and things are all back to normal.
Contrast that with another client dealing with widespread blocking due to a reputation problem. Their approach was to ask the blocking entity which clients they needed to disconnect in order to fix the problem. When the blocking entity responded, the customer disconnected the clients and considered the issue closed. They didn’t look at the underlying issues that caused the reputation problems, nor did they look at how they could prevent this in the future. They didn’t evaluate the customers they disconnected to identify where their processes failed.
The first client took responsibility for their problems, looked at the issues and resolved things without relying on Spamhaus to tell them how to fix things. Even though they had a problem, and is statistically going to have the occasional problem in the future, this interaction was very positive for them. Their reputation with the Spamhaus volunteers is improved because of their actions.
The second client didn’t do any of that. And the people they were dealing with at the blocking entity know it. Their reputation with the people behind the blocking entity was not improved by their actions.
These two clients are quite representative of what I’ve seen over the years. Some senders see blocking as a sign that somehow, somewhere there is a flaw in their process and a sign they need to figure out how to fix it. Others see blocking as an inconvenience. Their only involvement is finding out the minimum they need to do to get unblocked, doing it and then returning to business as usual. Unsurprisingly, the first type of client has a much better delivery rate than the second.

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