White House sending spam?

There has been some press about political spam recently. People are receiving email from the White House that they have not opted into. At a recent press conference a reporter challenged the press secretary to defend the practice.
Chris Wheeler over at Bronto blog points out that CAN SPAM doesn’t apply as this is political mail, and CAN SPAM only covers commercial email. He also notes that most of the mail came from “forward to a friend” links which the sender has little to no control over.
Gawker has a post up “Everything you need to know about Obama’s Spam-Gate.”
There are a lot of issues here. Chris asks a number of questions on his blog, that I encourage people to think about.

  1. Do you think it’s fair that political emails are exempt from CAN-SPAM?
  2. Should “Tell a Friend” be an option on a heated topic such as this that will inevitably land in some folks’ inboxes and peeve them?
  3. Is it enough for the White House to say it only sent to recipients who opted in at the site or should they provide further evidence of this position?
  4. Do you believe politicians, including but not limited to those in the White House, engage in using rented lists?

I have some other thoughts on the subject. Mostly centered around how difficult the complainers are making it for the White House to investigate this.
Refusing to turn over email addresses to abuse desks or senders is one of the things that can be a good idea or may not be a good idea. But if you don’t turn over the email address where you received spam, then you have to accept the fact that the sender may not be able to answer the question “Why did I get this mail?” (aka, why are you spamming me!?!?!).
It may be that the White House is buying lists and spamming. It’s just as likely that there are other explanations. People politically involved online do sometimes put email addresses of people they disagree with in signup forms, and then all of it sudden it looks like The Other Side is spamming. It could be a forward to a friend process where individuals are forwarding mails to friends (and enemies!). It could be any number of things.
The only way the truth is going to be known is if people who received the mail provide full copies of the mail, including headers, and if the White House ESP folks have the ability to audit the source of the addresses. Without both of those things, it can be impossible to determine why a particular recipient received spam.

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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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Fake privacy policies

I sign up at a lot of websites and liberally spray email addresses across the net. These signups are on behalf of one customer or another and each webform gets its own tagged and tracked email address. I always have a specific goal with each signup: getting a copy of a customer’s email, checking their signup process, auditing an affiliate on behalf of a customer or identifying where there might be a problem in a process. Because I have specific goals, I am pretty careful with these signups and usually uncheck every “share my email address” box I can find on the forms.
In every case the privacy policies of my clients and the things they tell me are explicit in that addresses will not be shared. It’s all opt-in, and email addresses are not shared without permission. Even in the cases where I am auditing affiliates, my clients assure me that if I follow this exact process my address will not be shared. Or so the affiliates have assured them.
Despite my care and the privacy policies on the websites, these addresses occasionally leak or are sold. This is actually very rare, and most of the websites I test never do anything with my address that I don’t expect. But in a couple cases these email addresses have ended up in the hands of some hard core spammers (hundreds of emails a day) and there was no useful tracking I could do. In other cases the volume has been lower, and I’ve watched the progression of my email addresses being bought and sold with morbid fascination.
Today an address I signed up at a website about a year ago got hit with multiple spams in a short time frame. All came from different IPs in the same /24. All had different domains with no websites. Whois showed all the domains were registered behind a privacy protection service. Interestingly, two of the domains used the same CAN SPAM address. The third had no CAN SPAM address at all. None of these addresses match the data I have on file related to the email signup.
It never ceases to amaze me how dishonest some address collection outfits. Their websites state clearly that addresses will not be bought an sold, and yet the addresses get lots of spam unrelated to the original signup. For those dishonest enough to do this they’ll never get caught unless recipients tags and tracks all their signups. Even worse, unless their partners test their signups or their mailing practices, the partners may end up unwittingly sending spam.

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McCain Campaign Spamming

As I mentioned in my post on spam from the Obama campaign, there have been reports of spam coming from the McCain campaign. However, the McCain campaign does not seem to be sending the volume of mail that the Obama campaign is, and so they are not as visible.
A recent post over at Denialism Blog shows that the McCain campaign has some of the same problems as the Obama campaign. Chris talks about the unsubscribe options he is presented when trying to stop the spam he is receiving. He suggests the campaign adds another option:

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