Jon Leibowitz: New FTC chair

Jon Leibowitz is slated to be appointed the new chair of the FTC as reported by Bloomberg and CNet. This may mean tougher regulations online. In the past Mr. Leibowitz has advocated that online advertisers move to opt-in for website cookies. This may signal his intention to put more control in the hands of the consumer. According to Bloomberg, Mr. Leibowitz has also “advocated more aggressive enforcement by the FTC.” We may see more CAN SPAM prosecutions as a result.

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TWSD: breaking the law

I tell my clients that they should comply with CAN SPAM (physical postal address and unsubscribe option) even if the mail they are sending is technically exempt. The bar for legality is so low, there is no reason not to.
Sure, there is a lot of spam out there that does not comply with CAN SPAM. Everything you see from botnets and proxies is in violation, although many of those mails do actually meet the postal address and unsubscribe requirements.
One of my spams recently caught my eye today with their disclaimer on the bottom: “This email message is CAN SPAM ACT of 2003 Compliant.” The really funny bit is that it does not actually comply with the law. Even better, the address it was sent to is not published anywhere, so the company could also be nailed for a dictionary attack and face enhanced penalties.
It reminds me of the old spams that claimed they complied with S.1618.

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McColo goes offline

Last week a major player in the botnet arena was taken offline when they were shutdown by their upstream provider.  With the demise of McColo, there has been a 30 – 50% drop in the amount of spam as measured by any number of different techniques. The CBL team has posted an article about their view of the McColo disconnection, which includes links to press articles about the shutdown. Spamhaus has their own take on the shutdown and another collection of links to articles about the shutdown.
In my own mailbox, I have noticed a drastic decrease in the amount of spam over the last week. I am too jaded to expect that the change is permanent, but it is nice while it lasts.

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Email and the Obama Campaign

Late in the summer there were people talking about the spam coming from Senator Obama’s presidential campaign. At that time, most of the discussion was focused on the open subscription form on their website and that there were some individuals who had been fraudulently signed up and were now receiving email from the campaign.
Last week, the Senator’s campaign again became a topic of discussion among some anti-spam groups. The maintainer of one of the more respected public blocklists and members of his family received mail from Senator Obama’s presidential campaign at their personal addresses. Because the mail was unsolicited and met the qualifications for listing, the sending IP addresses were listed on the blocklist. In response, the campaign’s ESP started moving the Senator’s mail to other IP addresses, resulting in those IPs also being listed on the blocklist as well.
I talked with the blocklist maintainer and I believe that his address, and those of his family members, were added to the Senator’s mailing list as the result of an email append. All of them are registered Democrats and they all live in a battleground state.
This may have made for good campaign strategy, not being an expert I cannot comment on that. It is, however, very poor email marketing strategy.
First, the campaign decided to appropriate permission to send email. There is not ever permission associated with an email append. Just because you have a name and a street address does not mean that you have permission to send email. In very, very limited circumstances, an opt-in append (click here to continue receiving email) may be acceptable. However, that is not how appending is normally done.
There is no pretense of permission to send email. Just because someone is registered to a particular party does not mean they want to receive email from that party.
Second, when the campaign started seeing delivery problems they started sending off different IP addresses. Moving IPs around is out and out spammer behavior, no questions asked.
Now, I know this is a very hotly contested election and I know that some people believe that any method of getting the word out is good. I also expect that there may have been some positive reaction from recipients. The overall reaction, based on the IPs changing, may not have been so positive.
Do I really believe that Senator Obama is a evil and willful spammer? No, not really. But that does not change the fact that the Obama campaign seems to be sending email without the permission of the recipient and seem to be attempting to evade blocks by moving IP addresses.
From a marketing perspective, the campaign may be using email effectively and doing everything right. But from an email delivery perspective, they are getting many, many of the basics wrong and are looking like spammers in the process.
Other news and blogs that talk about spam from the Obama campaign:

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