Spam judgment not covered by insurance

Earlier this month a judge ruled that two insurance policies held by Scott Richter’s Media Breakaway were not liable to pay $6M in damages awarded in a previous case.
Myspace initially sued Media Breakaway in 2007 for allegedly using phished Myspace accounts to send emails advertising Media Breakaway websites. In summer 2008 and arbiter ruled in favor of Myspace and against Media Breakaway. After the ruling, Media Breakaway attempted to have insurance cover the fine. The insurance company denied the claims so Media Breakaway took them to court. Media Breakaway lost.
Scott has been around in the email marketing arena for a very long time. He’s had multiple run ins with the law, including a 2003 felony theft charge for stealing a number of things, including a Bobcat loader and a 2004 suit brought against him by the NY Attorney General’s office and Microsoft for spamming and deceptive advertising. That court case bankrupted his previous company, OptInRealBig. Scott has also appeared on the Daily Show, in a side-splittingly funny story about spam and email marketing…. er… high volume email deploying.

The Daily Show With Jon StewartMon – Thurs 11p / 10c
Email Trouble
www.thedailyshow.com
Daily Show
Full Episodes		Political HumorJoke of the Day

Have a great weekend all. It looks like I’m going to get the blog carnival post out Wednesday or Thursday next week so if you have a late entry feel free to drop it to me before then.
HT: Venkat

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12% of email recipients respond to spam

Twitter and some of the other delivery blogs are all abuzz today talking about the consumer survey released by MAAWG (pdf link, large file) looking at end user knowledge and awareness of email security practices.
The survey has a lot of good data and I strongly encourage people to look at the full report. There are a couple of results that are generating most of the buzz, including the fact that nearly half of the respondents have clicked on a link or replied to a spam email. Additionally, 17% of respondents said they made a mistake when they clicked on the link.
The magic statistic, though, is that 12% of the respondents said that they responded to spam because they were interested in the products or services offered in the spam. This, right there, is one of the major reasons why spam continues and is a growing problem. Out of 800 people surveyed, almost 100 of them were interested enough in the products sold by spam to respond positively. There are roughly 1.6 billion people on the Internet, which gives spammers a market of 200 million people for their spam.
Other studies have seen similar responses, that is consumers do respond to spam. Most surveys don’t define spam, however, and given a lot of consumers call “mail I don’t like” or “all commercial email” as spam it’s hard to know what the respondents are responding too. In some studies, some respondents even defined mail from companies that they had given their email address to, but had not explicitly asked for email from as spam.  In this study MAAWG did request how the respondent defined spam. Of the respondents, 60% say spam is mail they did not solicit, and 41% say spam is mail that ends up in the spam folder. Given that 60% of respondents define spam as “unsolicited email” it is possible that some people are responding to mail they never requested.
Sad news for those of us who were hoping that lack of consumer response would make spamming unprofitable enough that spammers would stop.
The crosstab between “how do you define spam” and “how do you react to spam” may be an interesting data set to see.

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Organizing the mail flow

I get a lot of email. On a typical day I will get close to 2000 messages across my various work and personal accounts. About 60 – 70% of that mail is spam and caught by spamassassin or my mta filters and moved into mailboxes that I check once a day for false positives. About 15 – 10% of the remaining mail is from various discussion lists, and those are all sorted into their own mailboxes so I can keep conversations straight. The rest of the email is divided between mail directly to me and various commercial lists I have opted in to.
Up until recently, the commercial mail was all just dumped into my inbox. Nothing special happened to it it just sat there until I could read it. Recently, however, the volume of commercial mail has exploded, swamping my inbox. After losing track of some critical issues, I sat down and fixed my mail filters. Now, all my commercial and marketing mail (ie, mail I signed up for with tagged addresses) is now being filtered into its own mailbox.
There are two takeaways here.
One: the volume of commercial mail has increased significantly. Companies who were previously mailing me once a month are now mailing me twice a week. This contributed to the clutter and resulted in me pushing all commercial mail out of my inbox. I don’t think this increase is limited to just my mailbox, I believe many recipients are seeing an increase in commercial and marketing email, to the point where they’re finding it difficult to keep up with it all.
Two: Recipients have a threshold over which too much email makes their mailbox less usable. Once this threshold is reached they will take steps to change that. In my case, I can just filter all the commercial email as I use tagged addresses for all my signups. In other cases, they may start unsubscribing from all the mail cluttering their mailbox or blocking senders.
It is the tragedy of the commons demonstrated on a small scale.

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Winning friends and removing blocks

I do a lot of negotiating with blocklists and ISPs on behalf of my clients and recently was dealing with two incidents. What made this so interesting to me was how differently the clients approached the negotiations.
In one case, a client had a spammer slip onto their system. As a result the client was added to the SBL. The client disconnected the customer, got their IP delisted from the SBL and all was good until the spammer managed to sweet talk the new abuse rep into turning his account back on. Predictably, he started spamming again and the SBL relisted the IP.
My client contacted me and asked me to intercede with Spamhaus. I received a detailed analysis of what happened, how it happened and how they were addressing the issue to prevent it happening in the future. I relayed the info to Spamhaus, the block was lifted and things are all back to normal.
Contrast that with another client dealing with widespread blocking due to a reputation problem. Their approach was to ask the blocking entity which clients they needed to disconnect in order to fix the problem. When the blocking entity responded, the customer disconnected the clients and considered the issue closed. They didn’t look at the underlying issues that caused the reputation problems, nor did they look at how they could prevent this in the future. They didn’t evaluate the customers they disconnected to identify where their processes failed.
The first client took responsibility for their problems, looked at the issues and resolved things without relying on Spamhaus to tell them how to fix things. Even though they had a problem, and is statistically going to have the occasional problem in the future, this interaction was very positive for them. Their reputation with the Spamhaus volunteers is improved because of their actions.
The second client didn’t do any of that. And the people they were dealing with at the blocking entity know it. Their reputation with the people behind the blocking entity was not improved by their actions.
These two clients are quite representative of what I’ve seen over the years. Some senders see blocking as a sign that somehow, somewhere there is a flaw in their process and a sign they need to figure out how to fix it. Others see blocking as an inconvenience. Their only involvement is finding out the minimum they need to do to get unblocked, doing it and then returning to business as usual. Unsurprisingly, the first type of client has a much better delivery rate than the second.

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