Open subscription forms going away?

A few weeks ago, I got a call from a potential client. He was all angry and yelling because his ESP had kicked him off for spamming. “Only one person complained!! Do you know him? His name is Name. And I have signup data for him! He opted in! How can they kick me off for one complaint where I have opt-in data? Now they’re talking Spamhaus listings, Spamhaus can’t list me! I have opt-in data and IP addresses and everything.”
We talked briefly but decided that my involvement in this was not beneficial to either party. Not only do I know the complainant personally, I’ve also consulted with the ESP in question specifically to help them sort out their Spamhaus listings. I also know that if you run an open subscription form you are at risk for being a conduit for abuse.
This abuse is generally low level. A person might sign up someone else’s address in an effort to harass them. This is a problem for the victim, but doesn’t often result in any consequences for the sender. Last week’s SBL listings were a response to subscription abuse happening on a large scale.


We’ve generally accepted that low friction signup forms are a win for business. There aren’t many consequences to the business to maintaining them. That doesn’t mean all signups are low friction. Almost any social networking site will require some sort of confirmation before allowing full access to their platform. Certainly the big platforms – Twitter, Facebook, and LinkedIn to name a few – require new users to click a link to confirm their address. This is standard process that most internet users are familiar with.
Not all “networking” sites require confirmation, though. Over at Spamtacular Mickey talks about the Ashley Madison hack. He’s been reading through the report from the Canadian and Australian governments. He quotes the report:

The level of accuracy required is impacted by the foreseeable consequences of inaccuracy, and should also consider interests of non-users. This investigation looked at ALM’s practice of requiring, but not verifying, email addresses from registrants. While this lack of email address verification could afford individuals the ability to deny association with Ashley Madison’s services, this approach creates unnecessary reputational risks in the lives of non-users — allowing, for instance, the creation of a potentially reputation-damaging fake profile for an email address owner. The requirement to maintain accuracy must consider the interests of all individuals about whom information might be collected, including non-users.

The lack of email address verification creates unnecessary reputational risks in the lives of non-users.


At one point there was an argument that confirmation was an unfamiliar process and senders couldn’t trust the end users would confirm. That was true. It’s not longer true, though. While Facebook doesn’t publish their confirmation numbers, informal discussions tell me well over 90% of signups are confirmed. Confirmation is a standard process for users to go through these days.
One of the things some of us discussed, related to the Spamhaus issue, was that if enough government officials were hit then there might be legislation requiring some level of confirmation or protection. I don’t think it will happen any time soon. I don’t even think it’s likely. But there are the possibly apocryphal story of congress passing the TCPA because their fax machines were inundated with junk faxes. Could a similar attack on email addresses lead to legislation about open subscription forms?

Related Posts

September 2015: The month in email

September’s big adventure was our trip to Stockholm, where I gave the keynote address at the APSIS Conference (Look for a wrapup post with beautiful photos of palaces soon!) and had lots of interesting conversations about all things email-related.
Now that we’re back, we’re working with clients as they prepare for the holiday mailing season. We wrote a post on why it’s so important to make sure you’ve optimized your deliverability strategy and resolved any open issues well in advance of your sends. Steve covered some similar territory in his post “Outrunning the Bear”. If you haven’t started planning, start now. If you need some help, give us a call.
In that post, we talked a bit about the increased volumes of both marketing and transactional email during the holiday season, and I did a followup post this week about how transactional email is defined — or not — both by practice and by law. I also wrote a bit about reputation and once again emphasized that sending mail people actually want is really the only strategy that can work in the long term.
While we were gone, I got a lot of spam, including a depressing amount of what I call “legitimate spam” — not just porn and pharmaceuticals, but legitimate companies with appalling address acquisition and sending strategies. I also wrote about spamtraps again (bookmark this post if you need more information on spamtraps, as I linked to several previous discussions we’ve had on the subject) and how we need to start viewing them as symptoms of larger list problems, not something that, once eradicated, means a list is healthy. I also posted about Jan Schaumann’s survey on internet operations, and how this relates to the larger discussions we’ve had on the power of systems administrators to manage mail (see Meri’s excellent post here<).
I wrote about privacy and tracking online and how it’s shifted over the past two decades. With marketers collecting and tracking more and more data, including personally-identifiable information (PII), the risks of organizational doxxing are significant. Moreso than ever before, marketers need to be aware of security issues. On the topic of security and cybercrime, Steve posted about two factor authentication, and how companies might consider providing incentives for customers to adopt this model.

Read More

July 2016: The Month in Email

We got to slow down — and even take a brief vacation — in July, but we still managed to do a bit of blogging here and there, which I’ll recap below in case you missed anything.
Sonoma1
At the beginning of the month, I wrote about email address harvesting from LinkedIn. As you might imagine, I’m not a fan. A permissioned relationship on social media does not equate to permission to email. Check out the post for more on mailing social media contacts.
Even people who are collecting addresses responsibly can face challenges. One of the most important challenges to address is paying attention to your existing subscription processes, testing them regularly, evaluating effectiveness and optimizing as needed.
Our most commented-upon post this month was a pointer to a smart writeup about Hillary Clinton’s email server issues. Commenters were pretty evenly split between those who agreed that they see this kind of workaround frequently, and those who felt like regulatory processes do a good job managing against this kind of “shadow IT” behavior. I wrote a followup post on why we see this kind of workaround frequently in email environments, even in regulated industries, and some trends we’re seeing as things improve.
In other election-related email news, we saw the challenges of campaign email being flagged as spam. As I pointed out, this happens to all campaigns, and is nothing unique to the Trump campaign. Still, there are important lessons for marketers here, too, in terms of list management, email content, frequency, and engagement — all of which are inextricably linked to deliverability.
Speaking of spam and engagement, Steve took a look at some clickthrough tracking revealed through a recent spam message I received — and why legitimate marketers should avoid using these sorts of URL referrers.
On the topic of authentication, I wrote a quick post about how seeing ?all in the SPF record tells me one thing: the person managing the record isn’t doing things properly. Need a refresher on authentication? Our most-read blog post of all time can help you out.
And as always, send me your interesting questions and I’ll be happy to consider them as I resume my Ask Laura column in August.

Read More

Ongoing subscription attack

Brian Krebs posted a couple days ago about his experience with the subscription bomb over the weekend. He talks about just how bad it was over the weekend.

Read More