TWSD: Adapt to filters

This morning the new Yahoo! CEO posted about changes to Yahoo! mail. I logged into one of my Yahoo accounts to check and see if I had access to the new Yahoo! mail client yet. I don’t, but I did notice that spammers have adapted to the new Yahoo model of disabling filters in the mail folder. Most of the mail in my inbox has, at the very top of the message “Click not spam to enable links!”
My favorite has to be the animated gif of how to click “not spam.”
Spammers spend so much time and energy compensating for filters, hopping IP addresses, rotating through domains, and specially creating mail for different ISPs. I have to wonder, though, if they would waste less time by sending opt-in mail.

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Harvesting and forging email addresses

For the contact address on our website, Steve has set up a rotating set of addresses. This is to minimize the amount of spam we have to deal with coming from address harvesters. This has worked quite well. In fact it works so well I didn’t expect that publishing an email address for taking reader questions would generate a lot of spam.
Boy, was I wrong. That address has been on the website less than a month and I’m already getting lots of spam to it. Most of it is business related spam, but there’s a couple things that make me think that someone has been signing that address up to mailing lists.
One is the confirmation email I received from Yelp. I don’t actually believe Yelp harvested my address and tried to create me an email account. I was happy when I got the first mail from Yelp. It said “click here to confirm your account.” Yay! Yelp is actually using confirmations so I just have to ignore the mail and that will all go away.
At least I was happy about it, until I started getting Yelp newsletters to that address.
Yelp gets half a star for attempting to do COI, but loses half for sending newsletters to people who didn’t confirm their account.
I really didn’t believe that people would grab a clearly tagged address off the blog and subscribe it to mailing lists or networking sites. I simply didn’t believe this happened anymore. I know forge subscribing used to be common, but it does appear that someone forge signed me up for a Yelp account. Clearly there are more dumb idiots out there than I thought.
Of course, it’s not just malicious people signing the address up to lists. There are also spammers harvesting directly off the website.
I did expect that there would be some harvesting going on and that I would get spam to the address. I am very surprised at the volume and type of spam, though. I’m getting a lot of chinese language spam, a lot of “join our business organization” spam and mail claiming I subscribed to receive their offers.
Surprisingly, much of the spam to this address violates CAN SPAM in some way shape or form. And I can prove harvesting, which would net treble damages if I had the time or inclination to sue.
It’s been an interesting experience, putting an unfiltered address on the website. Unfortunately, I am at risk of losing your questions because of the amount of spam coming in. I don’t think I’ve missed any, yet, but losing real mail is always a risk when an address gets a lot of spam – whether or not the recipient runs filters.
I’m still pondering solutions, but for now the questions address will remain as it is.

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Penkava v. Yahoo: wiretapping

According to stipulations filed yesterday Penkava and Yahoo! have agreed to go to private arbitration. This will happen before September 1, 2013. Also filed yesterday was an agreement that Yahoo! has until September 7, 2012 to respond to the complaint.

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Motion to dismiss in Penkava v. Yahoo case

Earlier this month Yahoo filed a motion to dismiss in the Penkava v. Yahoo. This is the class action lawsuit where an Alabama resident is attempting to sue Yahoo for violation of the California wiretapping law.
Here’s the short synopsis.
People send mail to Yahoo. Yahoo “creeps and peeps” on that mail so they can profit from it. Plaintiff doesn’t like this, and thinks that he can use the California Invasion of Privacy Act (“CIPA”), (Cal. Penal Code § 630, et seq;) to stop Yahoo from doing this. Additionally, there is a whole class of people who live in every state but California who have also been harmed by Yahoo’s actions. The plaintiff would like the court to make Yahoo stop doing this. (First Amended Complaint)
Yahoo’s motion to dismiss is actually pretty dry and there aren’t really any zinger pull quotes that make sense without reading the whole 35 pages. The short version is that what Yahoo is doing is not a violation of California law, it is simply handling email as it has to be done to get it to recipients. Plus, California law cannot apply to mail sent from a non-CA resident to a non-CA resident because that would violate the dormant commerce clause. The class as defined makes no sense. Finally, the plaintiff continues to send mail to Yahoo addresses knowing the mail is being “scanned” and that is implicit permission for Yahoo to do it.
In the initial complaint there was an allegation that Yahoo’s behaviour was a violation of Federal and/or California Wiretapping laws. These allegations appear to have been dropped in the First Amended Complaint.
Right now there is a hearing scheduled for March 13, 2013. I’ll keep an eye on the filings.

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