New EU directives

The EU has published consumer protection directives. Members states have 2 years to implement and enforce these directives.
The interesting bit is this:

3) Banning pre-ticked boxes on websites
When shopping online – for instance buying a plane ticket – you may be offered additional options during the purchase process, such as travel insurance or car rental. These additional services may be offered through so-called ‘pre-ticked’ boxes. Consumers are currently often forced to untick those boxes if they do not want these extra services. With the new Directive, pre-ticked boxes will be banned across the European Union.

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Censorship, email and politics

Spamfiltering blocks email. This is something we all know and understand. For most people, that is everyone who doesn’t manage an email server or work in the delivery field or create spamfilters, filtering is a totally unseen process. The only time the average person notices filters is when they break. The breakage could be blocking mail they shouldn’t, or not blocking mail they should.
Yesterday, a bunch of people noticed that Yahoo was blocking mail containing references to a protest against Wall Street. This understandably upset people who were trying to use email as a communication medium. Many people decided it was Yahoo (a tool of the elites!) attempting to censor their speech and stop them from organizing a protest.
Yeah. Not so much.
Yahoo looked into it and reported that the mail had gotten caught in their spam filters. Yahoo adjusted their filters to let the mail through and all was (mostly) good.
I don’t think this is actually a sign of filters being broken. The blocked mail all contained a URL pointing to a occupywallst.com. I know there was a lot of speculation about what was being blocked, but sources tell me it was the actual domain. Not the phrase, not the text, the domain.
The domain was in a lot of mostly identical mail coming out of individual email accounts. This is a current hallmark of hijacked accounts. Spammers compromise thousands of email accounts, and send a few emails out of each of them. Each email is mostly identical and points to the same URL. Just like the protest mail.
There was also a lot of bulk mail being sent with that URL in it. I’ve been talking to friends who have access to traps, and they were seeing a lot of mail mentioning occupywallst.com in their traps. This isn’t surprising, political groups have some horrible hygiene. They are sloppy with acquisition, they trade names and addresses like kids trade cold germs, they never expire anything out. It’s just not how politics is played. And it’s not one party or another, it’s all of them. I’ve consulted with major names across the political spectrum, and none actually implement best practices.
As I have often said the secret to delivery is to not have your mail look like spam. In this case, the mail looked like spam. In fact, it looked like spam that was coming from hijacked accounts as well as spam sent by large bulk mailers. I suspect there was also a high complaint rate as people sent it to friends and family who really didn’t want to hear about the protests.
To Yahoo!’s credit, though, someone on staff was on top of things. They looked into the issue and the filter was lifted within a couple hours of the first blog post. A human intervened, overruled the algorithm and let the mail out.
I bet this is one of the few times anyone has seen that Yahoo does outbound filtering. Given it’s a politically charged situation, I can see why they assume that Yahoo is filtering because of politics and censorship. They weren’t though.
More on politics, filtering and censorship.

They’re not blocking you because they hate you
It really can be your email
More on Truthout
Another perspective on the politico article

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Click-wrap licenses again

Earlier this week ARS Technica reported on a ruling from the Missouri Court of Appeals stating that terms and conditions are enforceable even if the users are not forced to visit the T&C pages. Judge Rahmeyer, one of the panel members, did point out that the term in question, under what state laws the agreement would be enforced, was not an unreasonable request. She “do[es] not want [their] opinion to indicate that consumers assent to any buried term that a website may provide simply by using the website or clicking ‘I agree.'”
What does this have to do with email? Well, it means that reasonable terms in the agreements may still be binding even if the user does not read the full terms of the opt in before submitting an email address. In practical terms, though, there’s very little that has changed. Hiding grants of permission deep in a terms document has long been a sneaky trick practiced by spammers and list sellers. Legitimate companies already make terms clear so that users know what type of and how much mail to expect by signing up to a list. They also know that the legal technicalities of permission are not as important as meeting the recipients expectations.

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Light blogging for a while

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.

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