There was a recent question on a mailing list during a discussion of spam and delivery problems. A number of folks who work in delivery were discussing how a bad address got on a list. Someone who works on the spam blocking end of things asked why do you care how a bad address got onto a mailing list?
For recipients, they usually don’t care. They just want the unsolicited mail to stop. It’s a position I have no problem with; I want the unsolicited mail to stop, too. But understanding why a particular sender is sending mail to addresses that never asked for it can be an important step in making it stop. Not by the receivers and the spam filters, they’ll just block the bad sender and move on. Or if they’re an ISP or ESP they’ll just throw the sender off for AUP violations and let the sender be somebody else’s problem.
In the broader context, though, this only changes the source of the spam. It doesn’t help the victim; the bad sender can always find another host and they will continue to mail people who never asked for that mail. And, in fairness to these senders, often they are mailing lists of mixed sources. Some of the addresses didn’t opt-in, and don’t want the mail, but a lot of addresses on their list did opt-in and do want their mail. Fixing their problem means they can mail people who want their mail. The sender is happy, the recipients are happy and the receivers are happy; everybody wins!
Everybody winning is something I can get fully behind.
Earlier this week ARS Technica reported on a ruling from the Missouri Court of Appeals stating that terms and conditions are enforceable even if the users are not forced to visit the T&C pages. Judge Rahmeyer, one of the panel members, did point out that the term in question, under what state laws the agreement would be enforced, was not an unreasonable request. She “do[es] not want [their] opinion to indicate that consumers assent to any buried term that a website may provide simply by using the website or clicking ‘I agree.'”
What does this have to do with email? Well, it means that reasonable terms in the agreements may still be binding even if the user does not read the full terms of the opt in before submitting an email address. In practical terms, though, there’s very little that has changed. Hiding grants of permission deep in a terms document has long been a sneaky trick practiced by spammers and list sellers. Legitimate companies already make terms clear so that users know what type of and how much mail to expect by signing up to a list. They also know that the legal technicalities of permission are not as important as meeting the recipients expectations.
Permission is always a hot topic in email marketing. Permission is key! the experts tell us. Get permission to send email! the ISPs tell us.
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