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Suing spammers

I’m off to MAAWG next week and seem to have had barely enough time to breathe lately, much less blog. I have a half written post, but it’s taking a little more research to put together. That can wait until I get the chance to do the research.
Instead I thought I’d talk about the North Coast Journal article “The Rise and Fall of a Spam Crusader.” It’s quite an interesting article and looks into the personal and business sacrifices that people make in order to chase down spammers.
In my experience a lot of the serial litigators have very poor practices around data collection and analysis. They don’t collect evidence, they just collect email and then make assertions and assumptions. This not every effective when having to convince a judge that you are right.
The article actually does nothing to change this impression. The cases ASIS won are the cases where the defendants didn’t respond. That also means that ASIS couldn’t collect.
I do disagree with Mr. Singleton, the lawyer, where he says CAN SPAM is dead. In many cases I’ve seen there aren’t clear CAN SPAM violations. So if he’s trying to sue these spammers under CAN SPAM his cause of action is wrong. Secondly, the article goes on to talk about the broader implications.

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AOL transmitting 4xx error for user unknown

AOL is currently returning “451 4.3.0 <invaliduser@aol.com>: Temporary lookup failure” in some cases when they really mean “550 user unknown.” This message from AOL should be treated as 5xx failure and the message should not be retried (if at all possible) and the failure should be counted as a hard bounce for list management purposes.
This is something broken at AOL’s end, and the guys with the magic fingers that keep the system running are working to fix it. Right now there doesn’t seem to be an ETA on a fix, though.
Even if you are a sender who is able to stop the retries, you may see some congestion and delays when sending to AOL for the time being. Senders who don’t get the message, or who are unable to stop their MTAs from retrying 4xx mail will continue to attempt delivery of these messages until their servers time out. This may cause congestion for everyone and a noticeable  slowdown on the AOL MTAs.
AOL blog post on the issue
HT: Annalivia

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AOL layoffs and postmaster changes

As most of you probably know, AOL went through a serious round of layoffs yesterday. Unlike previous layoffs this one did hit the postmaster team pretty hard. Anna posted this morning that she was the only non-programming member of the postmaster team left in the US. This means there are a number of experienced folks looking for work with experience managing delivery for a large outfit. More info is on her blog.
While I don’t have any firm data, I expect that this is going to significantly affect the support that senders see from AOL. I know many of us have held up AOL as the poster child for how ISPs should interact with senders. That era is drawing to a close.
These layoffs come as AOL has migrated to a new mail system and a lot of senders are seeing new and different error messages. I do believe the folks handling the mail system and the migration are still there and are feverishly working to resolve problems caused by the migration. Right now things are in flux and senders should probably expect delays in getting support from AOL for delivery problems.
UPDATE: Matt Vernhout has a list of suggestions for how to deal with AOL delivery issues.

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