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Holomaxx v. MSFT and Yahoo

I mentioned way back in January that Yahoo had filed a motion to dismiss the case against Holomaxx. Microsoft filed a motion to dismiss around that time, although I didn’t mention it here.
And, of course, Holomaxx filed a motion in opposition in both the Microsoft case and the Yahoo case. Nothing terribly interesting here, about what you’d expect to read.
On March 11 the judge ruled on both motions to dismiss and in both cases ruled that the case was dismissed.  He did, however, give leave for the complaints to be amended in the future.
As I expected the Judge agreed that MSFT and Yahoo have protection under the CDA. First, the court made it clear that providers are allowed wide leeway in determining what is objectionable to their customers.

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A brief DMARC primer

DMARC stands for Domain-based Message Authentication, Reporting and Conformance. What DMARC does is allow domain owners to publish policy statements in DNS telling receiver domains what to do with messages that do not authenticate. In addition, DMARC introduces the concept of “domain alignment.” What this means is that the authentication has to be from the same domain (or a sub-domain) as the address in the header-from: line. The idea behind DMARC is that organizational owners can use SPF and DKIM authentication to authenticate their actual domain in the header-from line. This moves authentication from a important but behind the scenes technology out to an end user visible technology.

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Yahoo DMARC articles worth reading

There are a bunch of them and they’re all worth reading.
I have more to say about DMARC, both in terms of advice for senders and list managers affected by this, and in terms of the broader implications of this policy decision. But those articles are going to take me a little longer to write.
How widespread is the problem? Andrew Barrett publishes numbers, pulled from his employer, related to the number of senders using @yahoo.com addresses in their commercial emails. Short version: a low percentage but a lot of users and emails in raw numbers.
What can mailing list managers do? Right now the two answers seem to be stop Yahoo.com addresses from posting or fix your mailing list software. Al has posted how he patched his software to cope, and linked to a post by OnlineGroups.net about how they patched their software.
A number of people are recommending adding an Original Authentication Results header as recommended in the DMARC.org FAQ. I’m looking for more information about how that would work.
For commercial mailers, there doesn’t seem to be that much to do except to not use @yahoo.com address as your header-From address. Yes, this may affect delivery while you’re switching to the new From address, but right now your mail isn’t going to any mailbox provider that implements DMARC checking.
One other thing that commercial mailers and ESPs should be aware of. Depending on your bounce handling processes, this may cause other addresses to bounce off the list. Once the issue of the header-From address is settled, you can reactivate addresses that bounced off the list due to authentication failures since April 4.
 

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