Turn it all the way up to 11

I made that joke the other night and most of the folks who heard it didn’t get the reference. It made me feel just a little bit old.
Anyhow, Mickey beat me to it and posted much of what I was going to say about Ken Magill’s response to a very small quote from Neil’s guest post on expiring email headers last week.
I, too, was at that meeting, and at many other meetings where marketers and the folks that run the ISP spam filters end up in the same room. I don’t think the marketers always understand what is happening inside the postmaster and filtering desks on a day to day basis at the ISPs. Legitimate marketing? It’s a small fraction of the mail they deal with. Ken claims that marketing pays the salaries of these employees and they’d be out of a job if marketing didn’t exist. Possibly, but only in the context that they are paid to keep their employers servers up and running so that the giant promises made by the marketing team of faster downloads and better online experiences actually happen.
If there wasn’t an internet and there weren’t servers to maintain, they’d have good jobs elsewhere. They’d be building trains or designing buildings or any of the thousands of other jobs that require smart technical people.
Ken has no idea what these folks running the filters and keeping your email alive deal with on a regular basis. They deal with the utter dregs and horrors of society. They are the people dealing with unrelenting spam and virus and phishing attacks bad enough to threaten to take down their networks and the networks of everyone else. They also end up dealing with law enforcement to deal with criminals. Some of what they do is deal with is unspeakable, abuse and mistreatment of children and animals. These are the folks who stand in front of the rest of us, and make the world better for all of us.
They should be thanked for doing their job, not chastised because they’re doing what the people who pay them expect them to be doing.
Yes, recipients want the mail they want. But, y’know, I bet they really don’t want all the bad stuff that the ISPs protect against. Ken took offense at a statement that he really shouldn’t have. ISPs do check their false positive rates on filtering, and those rates are generally less than 1% of all the email that they filter. Marketers should be glad they’re such a small part of the problem. They really don’t want to be a bigger part.

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Blocking of ESPs

There’s been quite a bit of discussion on my post about upcoming changes that ESPs will be facing in the future. One thing some people read into the post is the idea that ISPs will be blocking ESPs wholesale without any regard for the quality of the mail from that company.
The idea that ESPs are at risk for blocking simply because they are ESPs has been floating around the industry based on comments by an employee at a spam filter vendor at a recent industry conference.
I talked to the company to get some clarification on what that spam filtering company is doing and hopefully to calm some of the concerns that people have.
First off, and probably most important, is that the spam filtering company in question primarily targets their service to enterprises. Filtering is an important part of this service, but it also handles email archiving, URL filtering and employee monitoring. The target market for the company is very different than the ISP market.
The ISPs are not talking about blocking indiscriminately, they are talking about blocking based on bad behavior.
Secondly, this option was driven by customer request. The customers of the spam filtering appliance were complaining about “legitimate” mail from various ESPs. Despite being reasonable targeted the mail was unrequested by the recipient. While ESPs use FBLs and other sources of complaints to clean complainers off rented or epended lists at ISPs, the option is not available for mail sent to corporations. Enterprises don’t, nor should they have to, create and support FBLs. Nor should employees be expected to unsubscribe from mail they never requested.
This option is the direct result of ESPs allowing customers to send spam.
Thirdly, this option is offered to those customers who ask for it. It is not done automatically for everyone. The option is also configurable down to the end user.
While I haven’t seen the options, nor which ESPs are affected, I expect that the ones on the list are the ones that the filtering vendor receives complaints about. If you are not allowing your customers to send spam, and are stopping them from buying lists or epending, then you probably have not come to the attention of the filtering company and are not on the list of ESPs to block.

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Comments on Holomaxx post

I’m putting together a longer analysis of the Holomaxx case that will look at the claims against the various defendants. There’s some deep mis-understanding of how various things works (hint: wiretapping? not so much).
There was one comment from “The Other Barry” about complaints that I think bears highlighting.

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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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