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Tag: CAN SPAM

Ignoring opt-outs

One of the marketing solutions to the spam problem is just to have recipients opt out. We think that commercial e-mail should always — and I emphasize always — provide for a way for the consumer to say: “I don’t want to hear from you again. One bite of the apple is enough. Having heard […]

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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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Does CAN SPAM apply to individual prospecting emails

Two different people on two different mailing lists asked very similar questions recently. Are people who send individual prospecting emails required to comply with CAN SPAM. My opinion (not a lawyer, don’t play one on TV, didn’t stay at a Holiday Inn last night) is that CAN SPAM does not mention anything about volume, and […]

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Are the new Gmail ads email?

I’ve seen lots of opinions over the last few weeks about whether or not the new ads in the Gmail promotions tab are email or not. Google is using its latest inbox redesign to stick ads in the holiest of places: Right inside your Gmail inbox. Under the promotions tab — one of three sections […]

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Ads in the Gmail Tabbed Inbox

One of the features of the new Gmail tabbed inbox is email-like ads placed by Gmail. When you click on an ad, it opens up into a new window, behaving very similarly to an email. People can even forward the email to another person. This new ad type and the placement in the promotions tab […]

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Bad unsubscribe processes

We recently renewed our support contract with VMWare. It’s a weirdly complicated system, in that we can’t buy directly from VMWare, but have to buy through one of their resellers. In this case, we purchased the original hardware from Dell, so we renewed our contract through Dell. Dell sends my email address over to VMWare […]

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Papa John’s settles texting suit

Last year a class action law suit was filed against Papa John’s for violation of the Telephone Consumer Protection Act (TCPA) for texts received by Papa John’s customers. Customers allege they never opted in to receive promotional text from the company. Papa John’s claim that they didn’t send the marketing, but instead was sent by third […]

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CAN SPAM ruling against whois privacy protection

A number of bloggers (Venkat B., John L. and Rebecca T.) have mentioned ZooBuh, Inc. v. Better Broadcasting, LLC (No.: 2:11cv00516-DN (D. Utah May 31, 2013)) recently. In summary of the case is that ZooBuh is an ISP that has sued Better Broadcasting for spamming in violation of CAN SPAM. Their case hinged on the […]

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Logging in to unsubscribe

I have been talking with a company about their unsubscribe process and their placement of all email preferences behind an account login. In the process, I found a number of extremely useful links about the requirements. The short version is: under the 2008 FTC rulemaking senders cannot require any information other than an email address […]

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Social invading everything

I discovered, inadvertently, that there is a business networking site modeled after dating site. If you’re selling something you go on the site and register as a seller. If you’re buying something you go on the site and register as a buyer. Buyers can post RFIs and sellers can respond. Decent enough business model, they’ve […]

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  • HE.net DNS problems

    Hurricane Electric had a significant outage of their authoritative DNS servers this morning, causing them to return valid responses with no results for all(?) queries. This will have caused delivery problems for any mail going to domains using HE.net DNS - which will include some of their colocation customers, as well as users of their free services - but also will have caused reverse DNS to fail for most servers hosted by Hurricane Electric worldwide, so if any of your mail is being sent from HE hosted machines you may have seen problems. (We're HE customers so we noticed. Still happy with them as a vendor.)No Comments


  • 65.0.0.0/8 DNS issues

    If you're sending email from any address beginning with a 65 - in 65.0.0.0/8 - it's possible you'll see some delivery problems. Something appears to be broken with dnssec signatures for the reverse DNS zone, leading queries for reverse DNS to fail for anyone using a dnssec aware DNS resolver (which is almost everyone).1 Comment


  • Our green bar certificate is going away

    Later today we'll be switching from an Extended Validation ("green bar") SSL certificate to a Domain Validation certificate. This isn't exactly a planned change but I'm waiting for responses from Comodo before I go into it too much. I'll share some more details next week.3 Comments


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