Related Posts

Spam isn't a best practice

I’m hearing a lot of claims about best practices recently and I’m wondering what people really mean by the term. All too often people tell me that they comply with “all best practices” followed by a list of things they do that are clearly not best practices.
Some of those folks are clients or sales prospects but some of them are actually industry colleagues that have customers sending spam. In either case, I’ve been thinking a lot about best practices and what we all mean when we talk about best practices. In conversing with various people it’s clear that the term doesn’t mean what the speakers think it means.
For me, best practice means sending mail in a way that create happy and engaged recipients. There are a lot of details wrapped up in there, but all implementation choices stem from the answer to the question “what will make our customers happy.” But a lot of marketers, email and otherwise, don’t focus on what makes their recipients or targets happy.
In fact, for many people I talk to when they say “best practice” what they really mean is “send as much mail as recipients will tolerate.” This isn’t that surprising, the advertising and marketing industries survive by pushing things as far as the target will tolerate (emphasis added).

Read More

More on Rove Digital

Brian Krebs has more on Rove Digital and the criminal connection to other scammers and spammers.

Read More

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.

Read More