Mailchimp has released a guide to spam lawsuits with advice on how to not be a target.
I had the pleasure of meeting some of the Mailchimp legal staff last year when I was down there to do on-site training for their abuse desk employees. I was quite impressed with them and their understanding of privacy and email issues.
A couple things related to the intersection of email and law happened recently.
The 6th circuit court ruled that the government must have a search warrant before accessing email. The published opinion is interesting reading, not just because of the courts ruling on the law but also because of the defendant. Berkeley Premium Nutraceuticals toyed with spamming to advertise their product as a brief search of public reporting sites shows. The extent and effort they went to in order to stay below the thresholds for losing their merchant accounts is reminiscent of the effort some mailers go through to get mail through ISP filters.
The other bit of interesting reading is the Microsoft motion to dismiss the case brought against them by Holomaxx. It is a relatively short brief (33 pages) and 3 of those pages are simply a listing of the relevant cases demonstrating ISPs are allowed to filter mail as they see fit. 2 more pages are dedicated to listing the relevant Federal and State statutes. I strongly encourage anyone considering suing any large ISP to to read this pleading. These lawyers understand email law inside and out and they are not going to mess around. They also have both statute and case law on their side. They point this out before the end of page 1:
What makes the best email filter? There isn’t really a single answer to that question. Different people and different organizations have different tolerances for how false positives versus false negatives. For instance, we’re quite sensitive to false positives here, so we run extremely conservative filtering and don’t block very much at the MTA level. Other people I know are very sensitive to false negatives and run more aggressive filtering and block quite a bit of mail at the MTA level.
For the major ISPs, the people who plan, approve, design and monitor the filters usually want to maximize customer happiness. They want to deliver as much real mail as possible while blocking as much bad mail. Blocking real mail and letting through bad mail both result in unhappy customers and increase the ISP’s costs, either through customer churn or through support calls. And this is a process, filters are not static. ISPs roll out new filters all the time, sometimes they are an improvement and sometimes they’re not. When they’re not, they’re pulled out of production. This works both for positive filters like Return Path and negative filters like blocklists.
Then there is mail filtering that doesn’t have to do with spam. Business filters, for instance, often block non-business mail. Permission of the recipient often isn’t even a factor. Companies don’t often go out of their way to block personal mail, but if personal mail gets blocked (say the vacation plane ticket or the amazon receipt) they don’t often unblock it. But when you think about why a business provides email, it makes perfect sense. The business provides email to further its own business goals. Some personal usage is usually OK, but if someone notices and blocks personal email then it’s unlikely the business will unblock it, even if the employee opted in.
In the case of email filters, the free market does work. Different ISPs filter mail differently. Some people love Gmail’s filters. Other people think Hotmail has the best filtering. There are different standards for filtering, and that makes email stronger and more robust. Consumers have choices in their mail provider and spamfiltering.
Sorry for the lack of substantive posts, things seem to have gone completely out of control and I’m not finding a lot of extra cycles to sit down and blog. I’ll try and get some stuff up this week, but I’m also getting ready for MAAWG and the sessions I’m a part of there.
There was an interesting post by Romer over on his personal blog. If you don’t know, Romer helps maintain one of the commercial mail filters. He recently got spammed by one of his vendors and talked about how this is probably not the best idea. Al adds his own take on companies assuming permission. I’ve talked about taking permission in the past but haven’t touched on things like “spamming the guy who runs the filter.”
You’d be surprised, or maybe you wouldn’t, about how many people who run filters for large organizations get spammed regularly. You wouldn’t be surprised to find out that those people do factor in their own personal spam load when adjusting their organizational filters.