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.

Failed delivery of permission based email
Yahoo and Verizon

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TWSD: Run, hide and obfuscate

Spammers and spamming companies have elevated obfuscating their corporate identities to an artform. Some of the more dedicated, but just this side of legal, spammers set up 3 or 4 different front companies: one to sell advertising, one or more to actually send mail, one to get connectivity and one as a backup for when the first three fail. Because they use rotating domain names and IP addresses all hidden behind fake names or “privacy protection services”, the actual spammer can be impossible to track without court documents.
One example of this is Ken Magill’s ongoing series of reports about EmailAppenders.
Aug 5, 2008 Ouch: A List-Purchase Nighmare
Sept 9, 2008 Umm… About EmailAppenders’ NYC Office
Sept 15, 2008 E-mail Appending Plot Thickens
Nov 11, 2008 EmailAppenders Hawking Bogus List, Claims Publisher
Dec 23, 2008 Internet Retailer Sues EmailAppenders
Feb 1, 2009 EmailAppenders Update
Mar 10, 2009 Another Bogus E-mail List Claimed
April 14, 2009 EmailAppenders a Court No-Show, Says Internet Retailer
April 21, 2009 EmailAppenders Gone? New Firm Surfaces
May 5, 2009 EmailAppenders Back with New Web Site, New Name
Their actions, chronicled in his posts, are exactly what I see list providers, list brokers and “affiliate marketers” do every day. They hide, they lie, they cheat and they obfuscate. When someone finally decides to sue, they dissolve one company and start another. Every new article demonstrates what spammers do in order to stay one step ahead of their victims.
While Ken has chronicled one example of this, there are dozens of similar scammers. Many of them don’t have a persistent reporter documenting all the company changes, so normal due diligence searches fail to turn up any of the truth. Companies looking for affiliates or list sources often fall victim to scammers and spammers, and suffer delivery and reputation problems as a result.
Companies that insist on using list sellers, lead generation companies and affilates must protect themselves from these sorts of scammers. Due diligence can be a challenge, because of the many names, domains and businesses these companies hide behind. Those tasked with investigating affiliates, address sources or or mailing partners can use some of the same investigative techniques Ken did to identify potential problems.

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Contact addresses and spam

One of the challenges anyone doing business on the internet faces is how to provide contact information so that potential customers can reach you in a form that spammers can’t easily abuse. Contact forms are the classic method, but they can (and are) abused by spammers. We decided to try something different. About 2 months ago, we started using rotating contact addresses. Every day a new address is deployed on the contact form on our website. Each address is valid for a fixed period of time, and is then retired.
This seems to be working well for us. Spammers are harvesting the email addresses, but because they are only valid for a fixed period of time, the amount of spam in my mailbox is not overwhelming. I am spending less time searching for sales mails through spam. An interesting side effect is I can actually see who is harvesting addresses and spamming.
It’s not perfect, I’m still getting spam to that address. But it’s spam at a level where I’m not losing real mail.

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Unsubscribe rates as a measure of engagement.

Over at Spamtacular Mickey talks about the email marketers’ syllogism.

  1. Anyone who doesn’t want our mail will opt-out.
  2. Most people don’t opt-out.
  3. Therefore, most people want our mail.

This clearly fallacious reasoning is something I deal with frequently with my clients, particularly those who come to me for reputation repair. They can’t understand why people are calling them spammers, because their unsubscribe rates and complaint rates are very low. The low complaints and unsubscribes must mean their mail is wanted. Unfortunately, the email marketers’ syllogism leads them to faulty conclusions.
There are many reasons people don’t opt-out of mail they don’t want. Some of it may be practical, the mail never hits their inbox, either due to ISP level filters or their own personal filters. Some people take a stance that they do not opt out of mail they did not opt-in to and if they don’t recognize the company, they won’t opt-out.
In any case, low levels of opt-outs or even this-is-spam hits does not mean that recipients want that mail. The sooner marketers figure this out, the better for them and their delivery.

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