Shady direct marketers exploit CAN SPAM to continue spamming but protect themselves from the law. This is something I’ve been talking about for a while (TWSD), and it’s nice to see the mainstream press noticing the same thing.
HT: Box of Meat
In the theme of the ongoing discussions about ESPs and their role in the email ecosystem, I thought I’d present some examples of how different ESPs work.
The good ESPs are those that set and enforce higher standards than the ISPs. They invest money and time in both proactive and reactive policy enforcement. On Monday I’ll talk about these standards, and the benefits of implementing these policies.
The typical ESPs are those that have standards equivalent to those of the ISPs. They suspend or disconnect customers when the customers generate problems at the ISPs. They have some proactive policy enforcement, but most of their enforcement is reactive. On Tuesday I’ll talk about these standards and how they’re perceived by the ISPs and spam filtering companies.
The ugly ESPs are those that have low standards and few enforcement policies. They let customers send mail without permission. Some of the ugly ESPs even abuse other ESPs to send some of their mail, thus sharing their bad reputations across the industry. On Wednesday I’ll look at some of their practices and discuss how they affect other players in the industry.
Another installment in my ongoing series: That’s What Spammers Do. In today’s installment we take a look at a company deceiving recipients and hiding their real identity.
One of my disposable addresses has been getting heavily spammed from mylife.com. The subject lines are not just deceptive, they are provably lies. The mail is coming from random domains like urlprotect.com or choosefrequency.com or winnernotice.com advertising links at safetyurl.com or childsafeblogging.com or usakidprotect.com.
The spam all claims someone is “searching for…” at their website. The only thing is, the email address is associated with a fake name I gave while testing a website on behalf of a client. I know what website received the data and I know what other data was provided during the signup process. I also know that the privacy policy at the time said that my data would not be shared and that only the company I gave the information to would be sending me email.
Just more proof that privacy policies aren’t worth the paper they’re written on. But that’s not my real issue here.
The real issue is that I am receiving mail that is clearly deceptive. The subject lines of the emails up until yesterday were “(1) New Message – Someone Searching for You, Find Out…” Yesterday, I actually clicked through one of the messages to confirm that the emails were ending up at mylife.com. After that, the subject lines of the emails changed to “(1) New Person is Searching for You.” I don’t know for sure that my click has caused the change in subject lines, but the timing seems a bit coincidental.
It’s not that someone, somewhere gave mylife.com bad data, or that someone typed a name into the mylife.com search engine and the mylife.com database showed that name and my email address were the same. Neither this name or this email address show up in a google search and I can say with certainty that this is a unique address and name combination given to a specific website. Therefore, the subject lines are clearly and demonstrably lies.
The spams are also coming from different domains and advertising links in different domains. The content is identical, the CAN SPAM addresses are identical. While the court may not rule this is deceptive under the rules of CAN SPAM, it certainly is an attempt to avoid domain level spam filters.
Who are mylife.com? Well, their website and the CAN SPAM address on their spam claims they are the company formerly known as reunion.com. I’ve talked about reunion.com here before. They have a history of harvesting addresses from users address books. They were sued for deceptive email practices under California law, but won the case just recently. They seem to think that the court case was permission to send deceptive email and have thus ramped up their deceptive practices.
If you are a legitimate email marketer, there are a couple take home messages here.
1) Spammers send mail with different domains, from different IP addresses, that contain identical content, landing pages and CAN SPAM addresses. Legitimate marketers should not rotate content and sends through different domains or different IP addresses. Pick your domain, pick your IP and stick with it.
1a) Spammers use randomly chosen domain names and cycle through domains frequently. Legitimate marketers must not use unrelated domains in marketing. Use a domain name that relates to your product, your industry or you.
2) Spammers send mail with deceptive subject lines. Legitimate marketers should make sure their subject lines are clear and truthful.
3) Spammers send mail in violation of the privacy policy under which information was collected. Legitimate marketers should be very careful to handle data in accordance with their privacy policies.
That’s what spammers do. Is that what you do?
Getting back to my series on the good, the typical and the ugly in the ESP field, and there is some very ugly out there. I have 3 examples of the ugliness out there and what ESPs and legitimate senders are competing with.
The fake ESP
A spammer approached me early on in my consulting career, asking me to help him set up a fake ESP. He wanted to set up his corporate network so that to an outsider it would look like he was selling ESP services and thus had a large number of customers. There wouldn’t be any customers, however, all the mail would be coming from his company. When the blocking got bad enough, and it would as he would purchase addresses from anywhere, he would “disconnect” the responsible customer. My role was to help him come up with a plausible sounding acceptable use policy and then contact the ISPs when he “disconnected” the customer. I declined to participate in this scheme. This doesn’t appear to have stopped him, though, if the rumors I hear are to be believed.
Waterfalling
Related to the fake ESP scheme is waterfalling. Spammers acquire lists of email addresses and then begin the process of cleaning them by mailing. In some cases, they mail through fake ESPs, as above. In other cases, they actually spread their traffic out across legitimate ISPs. As they mail the lists through the ESPs, they remove unsubscribes, bounces and complaints. When the list reaches a set cleanliness, they move it to another ESP. They repeat this, gradually moving through cleaner and cleaner ESPs. Eventually, they move the list to their own network and sell mailings to it as an opt-in list. It’s not opt-in, it’s just cleansed of all negative responders.
The companies abusing ESPs to clean their lists do tarnish the reputation of ESPs. While the responsible ESPs do disconnect the waterfallers, they usually do so after problems are detected. That being said, there are some companies that are constantly looking for “partnerships” at ESPs and the ESPs turn them away during the sales cycles.
Affiliates
While not necessarily an ESP problem there are some large companies out there that hire spammers to send acquisition email for them. They also send their own mail, both marketing and transactional, through ESPs. The issue for ESPs come when the URL blocks happen and the bad reputation of their customer’s mail bleeds back to the ESPs IP addresses. The ESP becomes known as “one of those places that mails for X” and their reputation falls accordingly. In some cases, even if the mail through the ESP is clean and opt-in, the ESP finds itself blocklisted for just doing business with a company that hires spammers.
I’ve had a couple clients recommended to me by ESPs because the ESP was dealing with a persistent spam block around this particular customer. The mail the customer sent through the ESP was opt-in, but the client was using an extensive network of affiliates to send spam for them. I collected a lot of examples of their spam from various affiliates, even gave them a couple of examples from my own email addresses. One of those addresses has not been actively used in 6 years. My client tells me they talked to their affiliates and that the affiliate assured them I had signed up, I just forgot. The client chose to believe the affiliate over me, despite the fact that I had many other examples. That client lost their ESP (and good for the ESP) but is still sending spam. I just got one advertising their stuff yesterday, at the same address I gave to them years ago, all images, hashbusters, domain hidden behind proxy, coming from a snowshoer network.
All of the companies I’ve talked about here describe themselves as legitimate email marketers. Even the company telling me I opted in to their mail was defending themselves and their affiliates as legitimate email marketers.