ROKSO lawsuit settled

Earlier this year Ken Magill reported that a judge in the UK was allowing a libel case against Spamhaus to go forward. I thought for sure I’d blogged about the case at the time, but apparently I didn’t.
The short version is that today Spamhaus announced the lawsuit was settled and the complainants paid for Spamhaus’ legal fees.
As with most legal cases the details are complex and convoluted.  Let me try to sum up.

  • 2 people set up a company.
  • This company sends lots of unsolicited emails.
  • This company is disconnected from multiple service providers.
  • Spamhaus lists the 2 people, and their company information, on ROKSO.
  • The two individuals object to the ROKSO listing.
  • The two individuals bring a suit against Spamhaus for libel under UK law.
  • Spamhaus filed for summary judgement and/or dismissal.

All of the above happened mostly without any of us noticing. In late January, the judge published a ruling allowing the case to go forward.
The case is now settled. According to Spamhaus’ website their legal fees are being paid by the claimant. 
People have been trying to sue Spamhaus for years and have failed every time.

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Email verification services

Just yesterday a group of delivery folks were discussing email verification services over IRC. We were talking about the pros and cons, when we’d suggest using them, when we wouldn’t, which ones we’ve worked with and what our experiences have been. I’ve been contemplating writing up some of my thoughts about verification services but it’s a post I wanted to spend some time on to really address the good parts and the bad parts of verification services.
Today, Spamhaus beat me to the punch and posted a long article on how they view email verification services. (I know that some Spamhaus folks are part of that IRC channel, but I don’t think anyone was around for the discussion we had yesterday.)
It’s well worth a read for anyone who wants some insight into how email verification is viewed by Spamhaus. Their viewpoints are pretty consistent with what I’ve heard from various ISP representatives as well.
In terms of my own thoughts on verification services, I think it’s important to remember that the bulk of the verification services only verify that an address is deliverable. The services do not verify that the address belongs to the person who input it into a form. The services do not verify that an address matches a purchased profile. The services do not verify that the recipient wants email from the senders.
Some of the services claim they remove spamtraps, but their knowledge of spamtraps is limited. Yes, stick around this industry long enough and you’ll identify different spamtraps, and even spamtrap domains. I could probably rattle off a few dozen traps if pressed, but that’s not going to be enough to protect any sender from significant problems.
Some services can be used for real time verification, and that is a place where I think verification can be useful. But I also know there are a number of creative ways to do verification that also check things like permission and data validity.
From an ESP perspective, verification services remove bounces. This means that ESPs have less data to apply to compliance decisions. Bounce rate, particularly for new lists, tells the ESP a lot about the health of the mailing list. Without that, they are mostly relying on complaint data to determine if a customer is following the AUP.
Spamhaus talks about what practices verification services should adopt in order to be above board. They mention actions like clearly identifying their IPs and domains, not switching IPs to avoid blocks and not using dozens or hundreds of IPs. I fully support these recommendations.
Email verification services do provide some benefit to some senders. I can’t help feeling, though, that their main benefit is simply lowering bounce rates and not actually improving the quality of their customers’ signup processes.

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ISP Relationships

Delivra has a new whitepaper written by Ken Magill talking about the value (or lack thereof) of relationships with ISPs. In Ken’s understated way, he calls baloney on ESPs that claim they have great delivery because they have good relationships with ISPs.
He’s right.
I get a lot of calls from potential clients and some calls from current clients asking me if I can contact an ISP on their behalf and “tell the ISP we’re really not a spammer”. My normal answer is that I can, but that there isn’t a place in the spam filtering process for “sender has hired Laura and she says they’re not a spammer.” I mean, it would be totally awesome if that was the case. But it’s not. It’s even the case where I’m close friends with folks inside the ISPs.
I’m pretty sure I’ve told the story before about being at a party with one of the Hotmail ISP folks. There was a sender that had hired me to deal with some Hotmail issues and I’d been working with Barry H. (name changed, and he’s not at Hotmail any more) to resolve it. During the course of the party, we started talking shop. Barry told me that he was sure that my client was sending opt-in mail, but that his users were not reacting well for it. He also told me there was no way he could override the filters because there wasn’t really a place for him to interfere in the filtering.
Even when folks inside the ISPs were willing and able to help me, they usually wouldn’t do so just because I asked. They might look at a sender on my request, but they wouldn’t adjust filters unless the sender met their standards.
These days? ISPs are cutting their non-income producing departments to the bone, and “sender services” is high up the list of departments to cut. Most of the folks I know have moved on from the ISP to the ESP side. Ken mentions one ISP rep that is now working for a sender. I actually know of 3, and those are just employees from the top few ISPs who are now at fairly major ESPs. I’m sure there are a lot more than that.
The reality is, you can have the best relationships in the world with ISPs, but that won’t get bad mail into the inbox. Filters don’t work that way anymore. That doesn’t mean relationships are useless, though. Having relationships at ISPs can get information that can shorten the process of fixing the issue. If an ISP says “you are blocked because you’re hitting spam traps” then we do data hygiene. If the ISP says “you’re sending mail linking to a blocked website” then we stop linking to that website.
I have a very minor quibble with one thing Ken said, though. He says “no one has a relationship with Spamhaus volunteer, they’re all anonymous.” This isn’t exactly true. Spamhaus volunteers do reveal themselves. Some of them go around openly at MAAWG with nametags and affiliations. A couple of them are colleagues from my early MAPS days. Other do keep their identities secret, but will reveal them to people they trust to keep those identities secret. Or who they think have already figured it out. There was one drunken evening at MAAWG where the nice gentleman I was joking with leaned over and says “You know I am elided from Spamhaus, right?” Uh. No? I didn’t. I do now!
But even though I have the semi-mythical personal relationship with folks from Spamhaus, it doesn’t mean my clients get preferential treatment. My clients get good advice, because I know what Spamhaus is looking for and can translate their requirements into solid action steps for the client to perform. But I can think of half a dozen ESP delivery folks that have the same sorts of relationships with Spamhaus volunteers.
Overall, relationships are valuable, but they are not sufficient to fix inbox delivery problems.

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Spamhaus on ESPs

Promoted from yesterday’s comments, Spamhaus comments on my discussion of filtering companies getting tired of ESPs.
You hit the nail square on, Laura.
As Laura knows but many here might not, I am with the Spamhaus project. At one time I was leading efforts to clean up ESP spam. I am not deeply involved with ESP listings any longer. I can however testify that ESPs ask Spamhaus volunteers for a great deal of information about their SBL listings, considerably more than most ISPs or web hosting companies. Certain team members avoid ESP listings except in extreme cases because they don’t want to spend that much time on one SBL.
Whilst I was doing many ESP listings, I attempted to provide requested information, often at great length, with mixed results. In one notable case, an ESP that I provided with a report on hits from that ESP’s IPs on our spamtraps took that report and turned around their entire business. They had been an average ESP: not worse than most ESPs, but not better either. It’s been about three years now. This ESP is now in any list of the least spam-friendly two or three ESPs in the business. I’m honored to have been able to contribute to that change, am delighted at the results, and have learned a great deal from that ESP’s abuse team, which is superb.
That hasn’t happened often, though. I’ve provided similar reports to a number of other ESPs; I try not to play favorites. It is Spamhaus policy not to treat ISPs, ESPs, web hosts, and others whose IPs are listed for spamming differently except based upon our observations of which responds to spam issues effectively and which do not. I would also rather see a spam problem fixed than a spammer terminated just to move somewhere else and continue to spam.
The spam flow from many ESP customers that I reported to the ESP dropped, then slowly rose to previous and often higher levels. There are strings of SBL listings as a spam problem is mitigated, then inexplicably (according to the ESP) comes back. I do not find most of those recurrences inexplicable. I conclude, in many cases, that the ESP is unwilling to do the proactive work necessary to catch most spam before it leaves their IPs, even when they know what needs to be done.
To make matters clear, the ESP representatives that I communicate with are not usually to blame for this problem. Their managers and the policymakers at the ESP are to blame. The decisionmakers at the ESP are not willing to require paying customers to adhere to proper bulk email practices and standards and enforce permanent sanctions against most who fail to do so.
Granted, some customers resist not because they are deliberately spamming non-opt-in email addresses, but because they think that quantity (of email) is more important than quality. Such customers don’t want to see lists shrink even when those lists are comprised largely of non-responsive deadwood email addresses. Such customers send a great deal of spam and annoy a great many of our users, who really do not care whether the spam problem is due to carelessness or deliberate action.
In other cases, of course, ESP customers resist following best practices because they cannot. They are mailing email appended and purchased lists. If they don’t maintain some sort of plausible deniability about the sources of those lists, they know that we will list their IPs (at the ESP and elsewhere) and refuse to remove those listings til they do.
In either case, an ESP that is unwilling to impose sanctions on customers whose lists persist in hitting large numbers of spamtraps after repeated mitigation attempts needs to fire those customers. Otherwise it is failing to act as a legitimate bulk emailer. Such ESPs must expect to see their IPs blocked or filtered heavily because they deliver such large quantities of spam compared to solicited email.

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