CASL enforcement

As most people know, the Canadian Anti-Spam Law (CASL) went into effect July 1 of this year. This month, the CRTC concluded its first investigation.

A computer reseller based in Saskatchewan was placed under investigation by the CRTC after large numbers of complaints were made through the Spam Reporting Centre. The CRTC revealed that a server owned by the computer reseller sent millions of e-mail spam messages through Saskatchewan-based internet service provider, Access Communications. […] Exercising its discretion, the CRTC chose not to fine the business. CRCT Concludes First Enforcement

One of the biggest complaints about CASL was that innocent senders who just happened to inadvertently violate CASL would be hit with business ending fines. But the agencies tasked with enforcement have discretion. There are no minimum fines that they have to impose, they have discretion. Their first enforcement action demonstrates this. It would be easy for the CRTC to impose business ending fines on their initial case, as a warning to other senders. They didn’t do that.
CRTC has demonstrated they’re willing to work with businesses that violate CASL. That gives all senders a little bit of breathing room for the next 2.5 years. Come July 1, 2017, individual users can exercise their private rights of action against senders. The PRoA is really an unknown variable. How many Canadians are annoyed enough by unsolicited emails that they’re willing to take senders to court? I don’t really know.

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Happy Canada Day, CASL now in effect

It’s Canada Day, and this year it has special connotations for email senders who are in Canada or sending to Canadian residents.
CASL is now in effect. For in depth guidance, go visit Matt Vernhout’s excellent series on CASL.  But for those of you who just want the Cliff notes here’s the high points
If you are in Canada or you are sending to residents in Canada:

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Unsubscribing is hard

A comment came through on my post about unsubscribing that helpfully told me that the problem was I didn’t unsubscribe correctly.
As you know, there are usually two unsubscribe options in many of the bulk senders emails. Are you unsubscribing from the global or the offer unsub? Unless you are unsubscribing from both, you will still be on the lists.
To address the underlying question, I did unsubscribe from both links for those very few mails in my mailbox that had double unsubscribe links. I know that some spammers use multiple unsubscribe links in their emails. We routinely recommend clients not use 3rd party mailers with double unsubscribes because it’s a clear sign the 3rd party mailer is a spammer.
Given the presence of double unsubscribes I generally assume the point is to confuse recipients. By having multiple unsubscribe links the spammers can ignore unsubscribe requests with the excuse that “you unsubscribed from the wrong link.” Plausible deniability at its finest. The best part for the spammer is that it doesn’t matter which unsubscribe link the recipient picks, it will always be the Wrong One.
I’ve been dealing with spam since the late 90s, and have been professionally consulting on delivery for over 14 years. If I can’t figure out what link to use to unsubscribe, how is anyone supposed to figure out how to make mail stop?
In some cases, the unsubscribe links admitted that the address I was trying to unsubscribe was already removed from the list. They helpfully refused to let me unsubscribe again through their form. But they offered a second way to unsubscribe.
UnsubThumb
The address I was unsubscribing was the same one I was unsubscribing. Some of the emails even helpfully told me “this email was sent to trapaddress@” which is the address in the above screenshot.
I’m sure my friend will come back and comment with “why didn’t you unsubscribe by forwarding the email?” Because I was spending enough time unsubscribing as it was, and I didn’t want to have to try and navigate yet another unsubscribe process. I knew they weren’t going to stop mailing me, no matter what hoops I jumped through.
I’m not saying that all unsubscribe processes are broken, there are millions and millions of emails sent every day with simple and effective unsubscribe links. What I am saying is that there is a lot of mail getting to inboxes that users never requested nor wanted. “Just unsubscribing” from this mail Does Not Work. It just keeps coming and coming and coming.
But of course, the mail still coming is my fault, as I was unable to correctly unsubscribe. 53635233

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Email saves trees!

The arrival of my first spam email was a bit of a shock. I’d been on the internet for years by that point and had never seen junk mail in my inbox. Of course, the Internet was a very different place. The web was still a toddler. There was no email marketing industry. In fact, there wasn’t much commerce on the web at all. Much of the “surfing” I did was using gopher and ftp rather than the fancy new web browser called NCSA Mosaic. To share pictures we actually had to send printouts by postal mail.
It wasn’t just getting spam that was memorable (oh, great! now my inbox is going to look like my postal box, stuffed full of things I don’t want), it was the domain name: savetrees.com. Built into the domain name was an entire argument defending spam on the grounds of environmental friendliness. By sending spam instead of postal mail we could save the earth. Anyone who didn’t like it was morally corrupt and must hate the planet.
Why do I mention this history? During a discussion on a list for marketers earlier this week, multiple people mentioned that email marketing was clearly and obviously the much more environmentally sound way to do things. I mentioned this over on Facebook and one of my librarian friends (who was one of the people I was email friends with back in those early days) started doing her thing.
She posted her findings over on the Environmental News Bits blog: The comparative environmental impact of email and paper mail. It’s well worth a read, if only because a lot of companies have really looked into the issue in great detail. Much greater detail than I thought was being put into the issue.
I shared one of the links she found, the 2009 McAfee study, with the email marketing group discussing the issue. (You may want to put down the drinks before reading the next line.) It was universally panned as marketing and therefore the conclusions couldn’t be trusted.
Anyone who pays any attention knows that nothing we do and none of the choices we make are environmentally neutral. Plastic bags were supposed to save trees from becoming paper bags, but turned into an environmental mess of their own.
Simple slogans like “email saves trees” might make marketers feel better, and may have gained Cyberpromo a strong customer base in the early days. But the reality is different.

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