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CA court requires sender identification on emails
Venkat analyzes the appeals court decision in Balsam v. Trancos, Inc.. In this case the appeals court decided that emails have to identify some actual person or entity they are sent by or from. Emails that do not identify the sender are in violation of the California anti-spam statute.
Venkat talks about all the reasons he thinks this is a problematic ruling, and the CA courts and anti-spam activists certainly have their share of bad rulings. I’m less convinced. The crux of the case seems to be that the advertiser used a number of random domains to hide the responsible party for an email. Rotating domains is a very, very common spammer tactic that is specifically a way to avoid domain based filters.
I understand Venkat’s concern but as someone who gets a lot of these spams I think the court is certainly ruling within the spirit of the CA statute. These mailers are using random domains to avoid filters and mislead recipients as to the source of the mail. Even if the domains are legitimately owned by the advertiser, they are usually hidden behind privacy protection and give the recipient no real information about who is sending the mail.
Another interesting point is the court speaking out against privacy registration. Personally, I don’t think any business should ever hide their domain registration behind privacy protection. If you’re a business, then you should stand up and give real contact information. I know it can be scary, particularly for people working out of their home, but if you’re a real business, you need to have an address registered with your state. Furthermore, if you’re a business sending email, all that email must contain a physical postal address. Your address already needs to be public, and including that in whois records isn’t actually going to change anything.
Looking towards the future
I had the opportunity to go to a seminar and networking event hosted by Return Path yesterday evening. The topic was “Email trends in 2012” and it was presented by Tom Sather.
If any of you get the opportunity to go to a talk presented by any of the Return Path folks I encourage you to do so. They know their stuff and their presentations are full of good information.
One of the trends mentioned is the increase in reliance on domain reputation. It’s something I’ve been thinking about more and more recently. I wrote a little bit about it recently, but have focused more on the whole realm of content filtering rather than just domain reputation.
Domain reputation is where delivery is going. And I think a lot of senders are going to struggle with delivery as they find that IP reputation is not enough to get into the inbox.
Lycos Europe shuts down
Multiple bloggers have commented on Lycos Europe shutting down. Some of them have linked to domains involved. One person, who wishes to remain anonymous, has sent me a list of domains which have a MX pointing at Lycos Europe. If you see a failure to resolve or connect to any of these domains in the coming weeks, you should remove all the email addresses at that domain from your lists. The list is about 500 domains, so they’re behind a cut.