Beware the TINS Army

When consulting with clients, I spend a lot of time trying to help them better understand the concept of sender reputation. Spam reports, feedback loops, and other data that comes from a collection of positive and negative reputational feedback about a company sending email.
Certainly, the “This is not spam” action – moving an email from the spam folder to the inbox, or clicking the “not spam” button in a web mail’s interface, is a strong positive reputational action. Some webmail providers use this data to decide which bulked senders deserve being let out of the penalty box – which should have their mail once again delivered to the inbox.
A client recently theorized that a great solution to their delivery problems would be to do this “en masse.” Sign up for hundreds or thousands of webmail accounts, send my mail to them, and click on the “not spam” button for each of my own emails. That’ll greatly improve my sending reputation, right?
NO! ISPs have already thought of this. They watch for this. They’re really good at picking up on things like this. I know for a fact that Yahoo and Hotmail and AOL notice stuff like this, and I strongly suspect other webmail providers notice it as well.
What happens when Yahoo or Hotmail pick up on this type of unwanted activity? Well, if it’s at Yahoo, they’re likely to block all mail from you, 100%, forever. I’ve seen it happen more than once. Yahoo might even identify all of your netblocks, ones beyond the ones sending today’s mail or originating today’s activity. And good luck trying to convince them that you’re not a spammer – you have a better chance of winning the lottery two weeks in a row.
As for Hotmail – what would Hotmail do? Ask Boris Mizhen. Microsoft is currently suing him, alleging that he and/or his agents or associates engaged in this very practice.

Spam isn't a best practice
Know your target audience…

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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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Confirming spam reports

Someone floated the idea of having ISPs confirm that a user really wants to report a mail as spam every time they do so. The original poster was asking for comments and what we thought of such an idea.

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We're gonna party like it's 1996!

Over on deliverability.com Dela Quist has a long blog post up talking about how changes to Hotmail and Gmail’s priority inbox are a class action suit waiting to happen.
All I can say is that it’s all been tried before. Cyberpromotions v. AOL started the ball rolling when they tried to use the First Amendment to force AOL to accept their unsolicited email. The courts said No.
Time goes on and things change. No one argues Sanford wasn’t spamming, he even admitted as much in his court documents. He was attempting to force AOL to accept his unsolicited commercial email for their users. Dela’s arguments center around solicited mail, though.
Do I really think that minor difference in terminology going to change things?
No.
First off “solicited” has a very squishy meaning when looking at any company, particularly large national brands. “We bought a list” and “This person made a purchase from us” are more common than any email marketer wants to admit to. Buying, selling and assuming permission are par for the course in the “legitimate” email marketing world. Just because the marketer tells me that I solicited their email does not actually mean I solicited their email.
Secondly, email marketers don’t get to dictate what recipients do and do not want. Do ISPs occasionally make boneheaded filtering decisions? I’d be a fool to say no. But more often than not when an ISP blocks your mail or filters it into the bulk folder they are doing it because the recipients don’t want that mail and don’t care that it’s in the bulk folder. Sorry, much of the incredibly important marketing mail isn’t actually that important to the recipient.
Dela mentions things like bank statements and bills. Does he really think that recipients are too stupid to add the from address to their address books? Or create specific filters so they can get the mail they want? People do this regularly and if they really want mail they have the tools, provided by the ISP, to make the mail they want get to where they want it.
Finally, there is this little law that protects ISPs. 47 USC 230 states:

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