Back at it

Back at the office after traveling to visit a bunch of our US friends recently. A lot of news, both in and out of the email space, happened while we were gone. The biggest stories are outside the email space and I will admit to following the coronavirus news probably closer than I should. (My graduate work was done across the hall from one of the major avian epidemic monitoring labs. This is the kind of thing we discussed at lunch and over beers.)

The next few paragraphs are general musings about the state of the world. Scroll down to “IN EMAIL NEWS” if you just care about that.

As a consequence of the spread of COVID-19, many conferences and company gatherings are being cancelled. I know it’s frustrating to not get to go to a conference you’ve been looking forward to, but minimising contact really is the best way to slow the spread of the infection. There’s also the developing financial crisis and oil wars. Fun times.

A number of conferences are being cancelled and postponed. Many folks in the industry are on orders to work from home. The good news is that the data from Hong Kong shows that social distancing works to curb the spread of disease (and even worked to lower seasonal flu there this year). If your conference isn’t cancelled, don’t shake hands, wash your hands and don’t touch your face.

IN EMAIL NEWS

While we were gone the judge dismissed Tulsi Gabbard’s case against Google. The whole ruling is short and worth a read. But the crux is here:

Plaintiff’s essential allegation is that Google violated Plaintiff’s First Amendment rights by temporarily suspending its verified political advertising account for several hours shortly after a Democratic primary debate. Plaintiff’s claim, however, “runs headfirst into two insurmountable barriers—the First Amendment and Supreme Court precedent.” Prager Univ. v. Google LLC, No. 18- 15712, 2020 WL 913661, at *1 (9th Cir. Feb. 26, 2020). 

I know there were some folks in the email space who were hoping her claims for biased email filtering would get adjudicated, but it wasn’t going to happen. Not only is there extensive case law reinforcing that ISPs can filter any mail they want, but some data shows that Google isn’t biased against her email.

The Markup have been working on a story related to filtering political email where they created a mailbox and signed it up for mail from lots of candidates and then looked at where the mail went. Much of the mail from all candidates is going to promotions. Tulsi’s mail is certainly not being treated any harsher than other candidates in this test.

As I’ve talked about, there are a lot of things that go into delivery at Gmail and I spent quite a bit of time talking with the folks researching this article about 6 months ago. The concern is that ISPs are influencing elections by how they filter. I don’t think this is true for a number of reasons.

While free consumer email addresses are ad supported, there’s not the same expectation that email is a cash cow. One reason is simply email predates the ad supported internet. And aggressively inserting ads into email accounts has not been well accepted by the users. Another reason is that economically, it is cheaper to keep a existing email user happy and on the platform than it is to acquire a new one. Social media doesn’t care about keeping users happy, in fact, they make money from outrage. 

Email filtering culture is another thing that keeps me from thinking there are rogue operators blocking emails for candidates they don’t like. The culture started back in the late 90s with individuals working out ways to keep spam out of their inboxes and sysadmins trying to keep spam off their USENET spools. During that time, there was a significant amount of energy and thought directed to the idea that the Internet was a meritocracy and that they weren’t shutting down ideas, rather they were shutting down behavior. Some of the common phrases used by folks handling these early filters were “consent not content” – ie, if you wanted that message, no one was going to block it. Another was “abuse of the net, not on the net” a little more problematic, but again, it was about causing harm to the underlying infrastructure rather than hurting individual people. Many of the individuals around during this time went on to found filtering companies, work for major ISPs in their filtering creation departments and become thought leaders in the space. This underlying culture is still a part of the filtering in email. 

Email was built into the fabric of the internet. Folks have been wrestling with the question of how to stop spam and “unwanted” mail for almost a quarter century now. Email filters, at the consumer ISPs in particular but also at the various business appliances, are monsters of machine learning. It’s nearly impossible to “whitelist” any particular sender and exempt them from the filters acting on their mail. The flip side is also true, it’s difficult to secretly blacklist a group of senders based on their political leanings. The underlying machine learning engines just doesn’t have those kinds of switches built into them. 

In any case, the data from The Markup’s article was going to demonstrate that Tulsi is not being treated unfairly by Gmail’s filters.

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Michele Bachmann Announces She's Done

U.S. Representative Michele Bachmann (R-Minnesota) announced today that she’s not going to seek re-election in 2014.
Last time around, the race between her and Minnesota businessman Jim Graves was very close. Mr. Graves lost by a very narrow margin. Graves had already announced his intention to take on Ms. Bachmann again next year. As the news came out on Bachmann’s decision, both camps made it clear that they think their person would have won the rematch. Just yesterday, Minnesota Public Radio explained that Graves seemed to be facing “an uphill battle vs. Bachmann.” At the same time, recent polling by the Graves campaign showed him slightly ahead of Bachmann. The race certainly would have been very close, but it was looking to be a scenario much like last time around, which, at the end of the day, Ms. Bachmann did end up winning.
So if she’s got at least a fair shake at winning, why wouldn’t she take it all the way? Well, that’s what brings us to why I’m writing about this here. It seems that Bachmann’s failed 2012 presidential campaign was accused of stealing the email list of Network of Iowa Christian Home Educators (NICHE) back in 2011. In a bit of an attempt to re-write history, they later came to an after-the-fact settlement to label the action a “rental” and NICHE received a $2,000 payment from the Bachmann campaign.
And that’s just one of multiple ethics issues Minnesota’s face of the Tea Party is facing. In March, her attorney confirmed that Bachmann is under investigation by the Office of Congressional Ethics for alleged misuse of campaign funds. One of her own 2012 presidential campaign staffers, Peter Waldron, filed a complaint that Ms. Bachmann’s campaign improperly used leadership PAC funds to pay campaign staff. There were further allegations regarding payment of staffers and attempting to require exiting staffers to sign non-disclosure agreements prohibiting them from talking to police or attorneys. And the FBI is now said to be involved.
I’ve consulted for multiple email service providers who have told me how challenging it can be to work with political senders. At least one ESP prohibits this kind of mail outright, out of frustration with candidates regularly playing fast and loose with permission. PACs, parties, candidates and other groups seem to buy, sell or trade lists constantly, and as a result, spam complaints and blocking would often follow. Thus, it doesn’t surprise me to see Ms. Bachmann’s campaign engaging in something email list-related that they probably thought was just common usage, when the rest of us in the email community would find that use unwelcome and unethical. (And it’s not just her party guilty of this kind of thing.)

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Update on Herman Cain advertising male enhancement drugs

Shawn Studer from newsmax.com contacted me today with a statement about the Herman Cain mailing list.

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Spam filtering is apolitical

It’s time once again for news organizations to pay attention to spam filters. This happens sometimes. Intrepid news organizations breathlessly report on how a particular ISP is blocking mail from a certain political figure our organization. I’ve written about political and activist lists being blocked or filtered before. Some of these posts are from the very early days of the blog even.
electionemail
In 2007, AOL came under fire when their filters were blocking mail from Truthout.org. Truthout’s response was to yell, loudly, this was censorship and unfair. I talked about it in two blog posts: They’re not blocking you because they hate you and It really can be your email.
The reality is mail wasn’t blocked because AOL didn’t like Truthout or what they stood for. In fact, the folks I knew at the postmaster desk who handled blocking issues were more likely to support Truthout than try and censor them. But, the reality was that truthout.org was sending bad mail and it wasn’t wanted and so it got filtered. Don’t believe me? Carl Hutzler ran the AOL postmaster team and blogged about it at the time. His blog is gone, but archive.org has the full text.

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