More CASL enforcement

Last week the CRTC published a CASL enforcement action wherein they fined an individual $15,000 for 10 violations of the act.

The Commission imposes an administrative monetary penalty of $15,000 on William Rapanos for 10 violations of section 6 of Canada’s Anti-Spam Legislation. Specifically, Mr. Rapanos sent commercial electronic messages (i) that did not identify the sender, (ii) that did not include information that enables the recipient to readily contact the sender, (iii) without prior consent from the recipients, and (iv) that, in certain cases, did not include a functioning unsubscribe mechanism.

I do encourage folks who are concerned about CASL to read through the full article on the CRTC website. They write out how hard they tried to work with the individual in question. They really seem to have tried to do what they could to get compliance with the act without assessing a fine. As the CRTC says, the aim of penalties is to promote compliance, not to publish people who violate the act. We’ve certainly seen other CASL cases involving much more mail, that proportionally smaller penalties assessed.
One thing that I noticed in the article was the description of the individual under investigation. The CRTC walks through the discussions with him and the investigations into sending. The documented behavior is very “spammer” to me, especially the “someone is doing this to frame me” and “someone must have stolen my identity.” No one really believes that someone would steal your identity, break into your house, use your wifi and … only send spam. There’s so much more that can be done with that level of access.
None of his behavior is any surprise to any of us who have worked with spammers.

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Things to read: March 9, 2016

It’s sometimes hard for me to keep up with what other people are saying and discussing about email marketing. I’ve been trying to be more active on LinkedIn, but there are just so many good marketing and delivery blogs out there I can’t keep up with all of them.
talkingforblog
Here are a couple interesting things I’ve read in the last week.
Five Steps to Stay Out of the Spam Folder. Conceptually easy, sometimes hard to pull off in practice, these recommendations mirror many things I say here and tell my clients about delivery. The audience is in charge and your recipients are the best ally you can have when it comes to getting into the inbox.
Which states are the biggest sources of spam?. California and New York top the list, but the next two states are a little surprising. Over on Spamresource, Al points out the two next states have some unique laws that may affect the data. I just remember back in the day there were a lot of spammers in Michigan, I’m surprised there’s still a significant volume from there.
CASL didn’t destroy Canadian email. Despite concerns that CASL would destroy the Canadian email marketing industry, the industry is going strong and expanding. In fact, spending on email marketing in Canada was up more than 14% in 2015 and is on track to be up another 10% this year. Additionally, according to eMarketer lists are performing better because they’re cleaner.
A brief history of email. Part of the Guardian’s tribute to Ray Tomlinson, the person who sent the first email. Ray’s work literally changed lives. I know my life would be significantly different if there wasn’t email. Can you imagine trying to be a deliverability consultant without email? 🙂

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Spammers, eh?

SpamBoxI’m back from a fun and successful trip to the APSIS Email Marketing Evolved conference. Of course, this means I’m digging out my mailboxes and going through mail I’ve ignored for the past week. It’s amazing how the spam builds up when I’m not tending to it every day.

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CASL botnet take down

biohazardmailThe CRTC served its first ever warrant as part of an international botnet takedown. The warrant was to take down a C&C (command and control) server for Win32/Dorkbot. International efforts to take down C&C servers take a lot of effort and work and coordination. I’ve only ever heard stories from folks involved but the scale and work that goes into these take downs is amazing.
Bots are still a problem. Even if we manage to block 99% of the botnet mail out there people are still getting infected. Those infections spread and many of the newer bots steal passwords, banking credentials and other confidential information.
This kind of crime is hard to stop, though, because the internet makes it so easy to live in one country, have a business in a third, have a shell corp in a fourth, and have victims in none of those places. Law enforcement across the globe has had to work together and develop new protocols and new processes to make these kinds of takedowns work.
 

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