Category: Legal

Happy Canada Day, CASL now in effect

It’s Canada Day, and this year it has special connotations for email senders who are in Canada or sending to Canadian residents. CASL is now in effect. For in depth guidance, go visit Matt Vernhout’s excellent series on CASL.  But for those of you who just want the Cliff notes here’s the high points If […]

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Spam disclaimer of the day

Things are extremely busy here so blogging is not getting quite the attention it should. I hope to return to more extensive posts soon. Meanwhile, you’ll have to put up with short posts. Today is a disclaimer I received in a spam. This is one of my addresses that has, somehow, ended up on UK-specific […]

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Is harvesting illegal under CAN SPAM

This issue comes up repeatedly, as many people have read the CAN SPAM act and believe that CAN SPAM specifically prohibits sending mail to harvested address. This is not how I read the law. The FTC publishes a CAN SPAM Compliance Guide for Businesses that only mentions harvesting in the context of criminal penalties for violations. […]

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Transcript of Google hearing

I’ve not had a chance to read it, yet, but the transcript of the September hearing for the wiretapping case against Google is available. (pdf download)

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CASL and existing opt-in addresses

The Canadian Anti-Spam law takes effect this summer. EmailKarma has a guest post by Shaun Brown that talks about how to handle current opt-in subscribers under the law. Express consents, obtained before CASL comes into force, to collect or to use electronic addresses to send commercial electronic messages will be recognized as being compliant with […]

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Canada announces CASL regulation start date

This morning Industry Canada published its final regulations regarding the implementation of the Canadian Anti-Spam Law. Email related provisions of the law will take effect June 1, 2014. What does this mean? It means that anyone sending mail from Canada or anyone sending mail that is accessed in Canada is required to have explicit opt-in […]


ICANN goes after Dynamic Dolphin

ICANN sent a letter to domain registrar Dynamic Dolphin notifying them of their non-compliance with the ICANN Registrar Agreement. HT: Neil Schwartzman (Today appears to be retro-blogging day. First I blog about s.1618 then I blog about Scott Richter.)

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Google wiretapping case, what the judge ruled

Yesterday I reported that the judge had ruled on Google’s motion to dismiss. Today I’ll take a little bit deeper look at the case and the interesting things that were in denial of the motion to dismiss. Google is being sued for violations of federal wiretapping laws, the California invasion of privacy act (CIPA) and […]

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No expectation of privacy, says Google

I spent yesterday afternoon in Judge Koh’s courtroom listening to arguments on whether or not the class action suit against Google based on their scanning of emails for advertising purposes can go forward. This is the case that made news a few weeks ago because Google stated in their brief that users have “no expectation […]


Patent trolling, meet RPost

Yesterday I mentioned Ubicomm and their patent trolling based on an ancient Xerox patent they acquired earlier this year. I think the mere fact that Xerox sold the patent says all we need to know about how applicable it is. The other patent troll in the email space right now is RPost. Steve did a […]

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  • Lost in the mists of time

    Over on the Farsight Security blog Joe St. Sauver talks about some of the early days of online abuse, on usenet. Laura and I were on the periphery of early usenet abuse, mostly as users, but Usenet (and IRC) around then were the places we both started with email abuse.No Comments

  • Ongoing Yahoo delays

    I've been hearing from folks over the last few days that they're seeing an uptick in deferrals from Yahoo! The deferrals are not uniform. ESPs report they're seeing some, but not all, customers affected. Other ESPs aren't seeing any changes. It's not just you. But it would be very worthwhile to dig into engagement and other stats. It's possible this is a new normal at Yahoo! and they're tightening filters to catch mail that doesn't fit their standards but was previously difficult to filter.No Comments

  • AOL starts using Sender Score Certification

    Good news for Sender Score Certified IPs. Return Path recently announced that AOL has joined the list of ISPs offering preferential treatment to certified IPs.  1 Comment