Techdirt lawsuit settled

Back in 2017 Techdirt wrote a series of articles about Shiva Ayyadura. Shiva claims he invented email. (narrator voice: he didn’t). I wrote about the lawsuit when it was dismissed on First Amendment grounds. The parties cross appealed, and have been in settlement talks for 18 months.

According to Techdirt, the non-monetary settlement they agreed to is that all the articles in dispute will have a link to a statement published by Shiva.

You may wonder how it could possibly take 18 months to negotiate a settlement about adding links to old articles — and, indeed, I wonder that myself. The entire process has been quite a pain for us. I cannot and would not describe this result as a victory, because this has been nearly two and a half years of wasted time, effort, resources, attention and money just to defend our right to report on a public figure and explain to the world that we do not believe his claims to have invented email are correct, based on reams of evidence.


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CASL Private Right of Action Delayed

Today the Canadian Government announced they were suspending the provision that allows individuals to sue marketers for violations of CASL.
Under these provisions, individual Canadian consumers had a private right of action. Any Canadian could sue any company that sent mail violating the law. This part of the law upset many senders and marketers. I’m sure many are relieved at this delay in enforcement.
 
This delay has no effect on the other major CASL provision with a July 1, 2017 deadline.
On July 1 a 3 year waiver on implied consent collected prior to CASL will end. What does that mean? Implied consent is just what it sounds like. Under certain conditions, senders can assume they have legal consent to mail the recipient. These conditions are spelled out in Section 10(9) of the law. Implied consent expires after 2 years. However, companies were granted a 3 year waiver on this provision for email addresses collected prior to July 1, 2014.
The waiver allowed senders to continue mailing addresses with implied consent even after the 2 year expiration.  This was to allow companies time to convert implied consent into express consent as to not lose recipients. There are about 3 weeks left for senders to get explicit permission to continue mailing addresses collected prior to July 1, 2014.
Additionally, as of July 1, 2017 CASL requires a parliamentary committee to review the law and its operation over the last 3 years.

Many senders are thrilled with the indefinite suspension of the PRA. It was, I think, one of the parts of the law that worried people the most. Allowing any citizen to sue someone who sent them mail they thought violated CASL? That concept struck fear into the hearts of many a legitimate marketer. I was never quite so sure it was going to be as bad as some thought.
A few years ago I had the opportunity to sit in a conference session with an individual from the Canadian government. They explained that there were significant barriers to individuals suing senders. Plaintiffs must file in provincial courts, not local ones. Second, defendants couldn’t be under investigation by the CRTC and a PRA at the same time. The presenter implied that CRTC had priority over any joint defendant. Finally, the plaintiff must prove actual damages. This is difficult for defendants that use a freemail provider like Gmail. There aren’t really damages in that case.
The overall gist of the session was that PRA in Canada was not that simple. Individuals wanting to sue had some bigger hoops to jump through than just filing something in small claims court. Nevertheless, I’m sure that many senders are relieved to hear the PRA is indefinitely suspended.

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September 2016: The month in email

Happy October, everyone. As we prepare to head to London for the Email Innovations Summit, we’re taking a look back at our busy September. As always, we welcome your feedback, questions, and amusing anecdotes. Seriously, we could use some amusing anecdotes. Or cat pictures.
 
San Francisco and Coit tower
We continued to discuss the ongoing abuse and the larger issues raised by attacks across the larger internet infrastructure. It’s important to note that even when these attacks aren’t specifically targeting email senders, security issues affect all of us. It’s important for email marketers to understand that increased attacks do affect how customers view the email channel, and senders must take extra care to avoid the appearance of spam, phishing, or other fraudulent activity. I summarized some of the subscription form abuse issues that we’re seeing across the web, and noted responses from Spamhaus and others involved in fighting this abuse. We’re working closely with ESPs and policy groups to continue to document, analyze and strategize best practices to provide industry-wide responses to these attacks.
I was pleased to note that Google is stepping up with a new program, Project Shield, to help journalists and others who are being targeted by these attacks by providing hosting and DDoS protections.
I’m also delighted to see some significant improvements in email client interactions and user experiences. I wrote a bit about some of those here, and I added my thoughts to Al’s discussion of a new user interaction around unsubscribing in the iOS 10 mail client, and I’ll be curious to see how this plays out across other mail clients.
For our best practices coverage, Steve wrote about global suppression lists, and the ways these are used properly and improperly to prevent mail to certain addresses. I wrote about using the proper pathways and workflows to report abuse and get help with problems. I also wrote about the ways in which incentivizing address collection leads to fraud. This is something we really need to take seriously — the problem is more significant than some bad addresses cluttering up your lists. It contributes to the larger landscape of fraud and abuse online, and we need to figure out better ways to build sustainable email programs.
Is there such a thing as a perfect email? I revisited a post from 2011 and noted, as always, that a perfect email is less about technology and more about making sure that the communication is wanted and expected by the recipient. I know I sound like a broken record on this point (or whatever the 21st century equivalent metaphor of a broken record is….) but it’s something that bears repeating as marketers continue to evolve email programs.
We had a bit of a discussion about how senders try to negotiate anti-spam policies with their ESPs. Is this something you’ve experienced, either as a sender or an ESP?
In Ask Laura, I covered shared IP addresses and tagged email addresses, questions I get fairly frequently from marketers as they enhance their lists and manage their email infrastructures. As always, we welcome your questions on all things email delivery related.

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Send Actual SMTP

It’s rare I find mail that violates the SMTP spec (rfc5321 and rfc5322). I’ve even considered removing “send mail from a correctly configured mail server” from my standard Best Practices litany.

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