Questions on Google lawsuit post

A couple questions in the previous discussion thread about the Google privacy case. Both concern permission granted to Google to scan emails.
Google’s stance about this is fairly simple.
Gmail users give explicit permission for their mail to be scanned.
People who send mail to Gmail users give implicit permission for their mail to be scanned.
The plaintiff’s lawyers are alleging that some subset of gmail users – specifically those at Universities that use Google apps and ISP customers like CableOne – did not give explicit permission for their mail to be scanned by Google. They’re also arguing no senders give permission.
In addition to the lack of permission, the plaintiffs lawyers are arguing that Google’s behaviour is in violation of Google’s own policies.
Google thinks scanning is part of the ordinary course of business and they’re doing nothing wrong.
This is an interesting case. I think anyone who knows about email understands that the people who run the mail server have the ability to read anything that goes through. But a lot of us trust that most postmaster and admin types consider it unprofessional to look at mail without a decent reason. There are good reasons an admin might need to go into a mail spool.
Automated filtering is simply a part of life on the internet these days. Mails have to be scanned for viruses, spam and, yes, they are scanned for targeted advertising. I’m not convinced Google is outside the norm when they say that any emails sent through Google is personal information given too Google and therefore Google can use that information in accordance with their policies.

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Email marketing OF THE FUTURE!

ISPs are continually developing tools for their users. Some of the newer tools are automatic filters that help users organize the volumes of mail they’re getting. Gmail released Priority Inbox over a year ago. Hotmail announced new filters as part of Wave 5 back in October.
All of these announcements cause much consternation in the email marketing industry. Just today there was a long discussion on the Only Influencers list about the new Hotmail filtering. There was even some discussion about why the ISPs were doing this.
I think it’s pretty simple why they’re creating new tools: users are asking for them. The core of these new filters is ISPs reacting to consumer demand. They wouldn’t put the energy into development if their users didn’t want it. And many users do and will use priority inbox or the new Hotmail filtering.
Some people are concerned that marketing email will be less effective if mail is not in the inbox.

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Changes at Gmail

As I’ve said before, I can usually tell when some ISP changes their filtering algorithm because I start getting tons and tons of calls about delivery problems at that ISP. This past month it’s been Gmail.
There have been two symptoms I’ve been hearing about. One is an increase in bulk folder delivery for mail that previously was reliably hitting the inbox. The other is a bit more interesting. I’ve heard of 3 different mailers, with good reputations and very clean lists, that are seeing 4xx delays on some of their mail. The only consistency I, and my colleagues at some ESPs, have identified is that the mail is “bursty.”
The senders affected by this do send out mail daily, but the daily mail is primarily order confirmations or receipts or other transactional mails. They send bi-weekly newsletters, though, exploding their volume from a few tens of thousands up to hundreds of thousands. This seems to trigger Gmail to defer mail. It does get delivered eventually. It’s frustrating to try and deal with because neither side is really doing anything wrong, but good senders are seeing delivery delays.
For the bulk foldering, Bronto has a good blog post talking about the changes and offering some solid suggestions for how to deal with them. I’m also hearing from some folks who are reliable that Gmail may be rolling back some of the bulk foldering changes based on feedback from their users.
So if you’re seeing changes at Gmail, it’s not just you.

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Inbox challenges and dull email in the tabbed inbox

Getting to the inbox is becoming a greater and greater challenge for many marketers. According to Return Path, 22% of opt in mail doesn’t make it to the inbox.
The challenge to marketers is that a lot of opt in mail isn’t important to the recipient. Sure, they’re happy enough to get it if they notice it, but if it’s not there then they don’t care. They’ll buy from an email ad, but it might not be something they’ll seek out. Recipient behaviour tells the ISPs that the mail isn’t all that important, and a lot of it is just background noise so the ISP not delivering it to the inbox doesn’t matter.
Email marketing is like the Girl Scout of the Internet. If the Girl Scout shows up at your doorstep, you’re probably going to buy those 3 boxes of thin mints. But if she doesn’t, that’s OK. If you really want the cookies, you’ll find the co-worker who is taking orders for his daughter. Or you’ll find the table outside the local coffee shop. The Girl Scout showing up on your doorstep makes it more convenient, but she’s not critical to get your fix. Of course, the bonus of the Girl Scout on the doorstep is that a lot of people who won’t go find the cookies will buy when she’s on the doorstep.
A lot of email marketing triggers purchases that recipients would make anyway. They think they might want a particular product, and when they get that coupon or discount or even just a reminder they make the purchase. The email triggers the purchase of a product the buyer intends to purchase anyway. Some email marketing trigger purchases of things the recipient didn’t know existed, but is so enticing after one email they can’t live without. Some email marketing triggers an impulse purchase. In most of these categories, if mail doesn’t show up in the inbox, the recipient really doesn’t miss it.
Many marketers, despite loud protests that all their mail is important and wanted, know this. That’s why so many marketers are having conniptions about the new Gmail tabbed inbox. They’re losing access to the impulse.
From the data I’ve seen, tabs are effecting email marketing programs. Some programs are seeing more revenue, some are seeing less. I think it really remains to be seen what the long term effects are. For many recipients the new tabbed inbox is a new way to interact with their email. Change is hard, and there is a period of adaptation whenever an interface changes. We really don’t know what the long term effect of tabs on sales will be. Sales may go back to previous levels, sales may increase over previous levels, sales may decrease from current levels or sales may stay at their current levels. The full effect isn’t going to be obvious for a while.
It does mean, though, that email marketers need to step up their game. Email marketing in the age of a tabbed inbox might be less about the impulse purchase and more about cultivation and long term branding.
 
 
 

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