ROKSO lawsuit settled

Earlier this year Ken Magill reported that a judge in the UK was allowing a libel case against Spamhaus to go forward. I thought for sure I’d blogged about the case at the time, but apparently I didn’t.
The short version is that today Spamhaus announced the lawsuit was settled and the complainants paid for Spamhaus’ legal fees.
As with most legal cases the details are complex and convoluted.  Let me try to sum up.

  • 2 people set up a company.
  • This company sends lots of unsolicited emails.
  • This company is disconnected from multiple service providers.
  • Spamhaus lists the 2 people, and their company information, on ROKSO.
  • The two individuals object to the ROKSO listing.
  • The two individuals bring a suit against Spamhaus for libel under UK law.
  • Spamhaus filed for summary judgement and/or dismissal.

All of the above happened mostly without any of us noticing. In late January, the judge published a ruling allowing the case to go forward.
The case is now settled. According to Spamhaus’ website their legal fees are being paid by the claimant. 
People have been trying to sue Spamhaus for years and have failed every time.

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ISP Relationships

Delivra has a new whitepaper written by Ken Magill talking about the value (or lack thereof) of relationships with ISPs. In Ken’s understated way, he calls baloney on ESPs that claim they have great delivery because they have good relationships with ISPs.
He’s right.
I get a lot of calls from potential clients and some calls from current clients asking me if I can contact an ISP on their behalf and “tell the ISP we’re really not a spammer”. My normal answer is that I can, but that there isn’t a place in the spam filtering process for “sender has hired Laura and she says they’re not a spammer.” I mean, it would be totally awesome if that was the case. But it’s not. It’s even the case where I’m close friends with folks inside the ISPs.
I’m pretty sure I’ve told the story before about being at a party with one of the Hotmail ISP folks. There was a sender that had hired me to deal with some Hotmail issues and I’d been working with Barry H. (name changed, and he’s not at Hotmail any more) to resolve it. During the course of the party, we started talking shop. Barry told me that he was sure that my client was sending opt-in mail, but that his users were not reacting well for it. He also told me there was no way he could override the filters because there wasn’t really a place for him to interfere in the filtering.
Even when folks inside the ISPs were willing and able to help me, they usually wouldn’t do so just because I asked. They might look at a sender on my request, but they wouldn’t adjust filters unless the sender met their standards.
These days? ISPs are cutting their non-income producing departments to the bone, and “sender services” is high up the list of departments to cut. Most of the folks I know have moved on from the ISP to the ESP side. Ken mentions one ISP rep that is now working for a sender. I actually know of 3, and those are just employees from the top few ISPs who are now at fairly major ESPs. I’m sure there are a lot more than that.
The reality is, you can have the best relationships in the world with ISPs, but that won’t get bad mail into the inbox. Filters don’t work that way anymore. That doesn’t mean relationships are useless, though. Having relationships at ISPs can get information that can shorten the process of fixing the issue. If an ISP says “you are blocked because you’re hitting spam traps” then we do data hygiene. If the ISP says “you’re sending mail linking to a blocked website” then we stop linking to that website.
I have a very minor quibble with one thing Ken said, though. He says “no one has a relationship with Spamhaus volunteer, they’re all anonymous.” This isn’t exactly true. Spamhaus volunteers do reveal themselves. Some of them go around openly at MAAWG with nametags and affiliations. A couple of them are colleagues from my early MAPS days. Other do keep their identities secret, but will reveal them to people they trust to keep those identities secret. Or who they think have already figured it out. There was one drunken evening at MAAWG where the nice gentleman I was joking with leaned over and says “You know I am elided from Spamhaus, right?” Uh. No? I didn’t. I do now!
But even though I have the semi-mythical personal relationship with folks from Spamhaus, it doesn’t mean my clients get preferential treatment. My clients get good advice, because I know what Spamhaus is looking for and can translate their requirements into solid action steps for the client to perform. But I can think of half a dozen ESP delivery folks that have the same sorts of relationships with Spamhaus volunteers.
Overall, relationships are valuable, but they are not sufficient to fix inbox delivery problems.

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Email verification services

Just yesterday a group of delivery folks were discussing email verification services over IRC. We were talking about the pros and cons, when we’d suggest using them, when we wouldn’t, which ones we’ve worked with and what our experiences have been. I’ve been contemplating writing up some of my thoughts about verification services but it’s a post I wanted to spend some time on to really address the good parts and the bad parts of verification services.
Today, Spamhaus beat me to the punch and posted a long article on how they view email verification services. (I know that some Spamhaus folks are part of that IRC channel, but I don’t think anyone was around for the discussion we had yesterday.)
It’s well worth a read for anyone who wants some insight into how email verification is viewed by Spamhaus. Their viewpoints are pretty consistent with what I’ve heard from various ISP representatives as well.
In terms of my own thoughts on verification services, I think it’s important to remember that the bulk of the verification services only verify that an address is deliverable. The services do not verify that the address belongs to the person who input it into a form. The services do not verify that an address matches a purchased profile. The services do not verify that the recipient wants email from the senders.
Some of the services claim they remove spamtraps, but their knowledge of spamtraps is limited. Yes, stick around this industry long enough and you’ll identify different spamtraps, and even spamtrap domains. I could probably rattle off a few dozen traps if pressed, but that’s not going to be enough to protect any sender from significant problems.
Some services can be used for real time verification, and that is a place where I think verification can be useful. But I also know there are a number of creative ways to do verification that also check things like permission and data validity.
From an ESP perspective, verification services remove bounces. This means that ESPs have less data to apply to compliance decisions. Bounce rate, particularly for new lists, tells the ESP a lot about the health of the mailing list. Without that, they are mostly relying on complaint data to determine if a customer is following the AUP.
Spamhaus talks about what practices verification services should adopt in order to be above board. They mention actions like clearly identifying their IPs and domains, not switching IPs to avoid blocks and not using dozens or hundreds of IPs. I fully support these recommendations.
Email verification services do provide some benefit to some senders. I can’t help feeling, though, that their main benefit is simply lowering bounce rates and not actually improving the quality of their customers’ signup processes.

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Fake DNSBLs

Spamhaus recently announced a few years ago that they have discovered a company that is pirating various blocklists, relabeling them and selling access to them. Not only is the company distributing the zones, they’re also running a “pay to delist” scheme whereby senders are told if they pay money, they’ll be removed from the lists.
The fake company does remove the listing from the fake zones, but does nothing to remove the IP from the original sender. This company has been caught in the past and was blocked from downloading Spamhaus hosted zones in the past, but have apparently worked around the blocks and are continuing to pirate the zone data.
It’s not clear how many customers the blocklist has, although one ESP rep told me they were seeing bounces referencing nszones.com at some typo domains.
No legitimate DNSBL charges for delisting. While I, and other people, do consult for senders listed on the major blocklists, this is not a pay for removal. What I do is act as a mediator and translator, helping senders understand what they need to do to get delisted and communicating that back to the blocklist. I work with senders to identify good, clean addresses, bad address segments and then suggest appropriate ways to comply with the blocklist requirements.

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