It's not illegal to block mail

My post “We’re going to party like it’s 1996” is still getting a lot of comments from people. Based on the comments, either people aren’t reading or my premise wasn’t clear.
Back in 1996 the first lawsuits were brought against ISPs to stop ISPs from blocking email. These suits were failures. Since that time, other senders have attempted to sue ISPs and lost. Laws have been written protecting the rights of the ISPs to block content they deem to be harmful.
Dela says that he was just attempting to open up a conversation, but I don’t see what he thinks the  conversation is. That ISPs shouldn’t block mail their customers want? Sure, OK. We’re agreed on that. Now, define what mail recipients want. I want what mail I want, not what someone else decides I might want.
Marketers need to get over the belief that they own end users mailboxes and that they have some right to send mail to people. You don’t.
When marketers actually start sending wanted mail, to people who actually subscribe – not just make a purchase, or register online or happen to have an easily discoverable email address – then perhaps marketers will have some standing to claim they are being treated illegally. Until and unless that happens, the ISPs are well within their rights to block mail that their users don’t want.

Guide to resolving ISP issues
Zombie email: Part 1

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Marketing to businesses

“If you do stupid things, you’re going to get blocked,” says Jigsaw CEO Jim Fowler in an interview with Ken Magill earlier this week.
Jigsaw is a company that rewards members to input their valuable business contacts. Once the addresses are input into Jigsaw, they are sold to anyone who wants them. Jigsaw gets the money, the people providing information get… something, the people who provided business cards to Jigsaw members get spammed and the people who downloaded the lists get to deal with a delivery mess. Sounds like a lose for everyone but Jigsaw.
Except that now Jigsaw is listed on the SBL for spam support services. Well, that’s going to cause some business challenges, particularly given how many companies use the SBL as part of their filtering scheme.
It’s hard to think of a situation where I would appreciate someone I gave a business card to providing my information to a site that then turns around and lets anyone download it to send email to. I know, I know, there are a million companies out there I’ve never heard of that have The Product that will Solve All my Problems. But, really, I don’t want them in my work mailbox. The address I give out on my business cards is, for, y’know, people to contact me about what I’m selling or to contact me about things they’ve already purchased from me. That address is not for people to market to. I have other addresses for vendors, and even potential vendors, to contact me.
Jigsaw clearly facilitates spam to businesses by collecting email addresses and then selling them on. This is a drain on small businesses who now have inboxes full of valuable offers to wade through. Perhaps their stint on the SBL will make them reconsider their spam support services.
HT: Al

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Email is not direct mail

Had an interesting talk with a colleague at a BBQ this weekend. He was at a large ISP and then moved on to do delivery at a large email marketing company. This marketing company was started by a very successful direct (snail mail) marketer. The CEO believed totally in testing and they measured everything. They knew what colors provoked a better response and which fonts were better received by recipients.
But this wasn’t always enough. They had some spotty delivery and my friend was hired to try and solve the delivery problems. He had some luck and did fix a number of things, but there was a deeper issue he couldn’t address: that email is not direct mail. The types of testing done is the type of testing for direct mail. They were so focused on getting the best response to a particular offer they refused to consider tweaking an offer from their “proven ideal” to stop triggering content filters at some large ISPs. So their ideal offers would sometimes end up in the inbox and sometimes in the bulk folder and sometimes just disappear.
With direct mail, the USPS is required by law to deliver mail to the addressee. Not only that there are a lot of barriers put up to prevent (or discourage) recipients to opt-out of receiving direct mail. This isn’t the case in email. Not only is their no requirement for an ISP to deliver email to recipients, there is actually a law that says that recipients must be able to opt-out from receiving future emails.
Direct marketers are used to having a lot of freedom and control over their mail. They can buy and sell address lists and send almost anything they want without having anyone tell them they can’t. That mindset translates badly into the email space where the ISPs and the recipients have a lot of control over their incoming email. It means that senders with the absolute perfect test copy see delivery problems because their perfect copy looks just like something a spammer would do and gets caught in content filters. It means they come into email and try to buy a list and discover that while it may be financially viable, they have to deal with angry upstreams, blocks at recipient ISPs and sometimes a Spamhaus listing.
Email isn’t the same as direct mail and attempting to map direct mail techniques onto email usually doesn’t work.

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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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