Dealing with blocklists, deliverability and abuse people

There are a lot of things all of us in the deliverability, abuse and blocklist space have heard, over and over and over again. They’re so common they’re running jokes in the industry. These phrases are used by spammers, but a lot of non-spammers seem to use them as well.
The most famous is probably “I’m sure they’ll unblock me if I can just explain my business model.” Trust me, the folks blocking your mail don’t want to hear about your business model. They just want you to stop doing whatever it is you’re doing. In fact, I’m one of the few people in the space who actually wants to hear about your business model – so I can help you reach your goals without doing things that get you blocked.
A few months ago, after getting off yet another phone call where I talked clients down from explaining their business model to Spamhaus, I put together list of phrases that senders really shouldn’t use when talking to their ESP, a blocklist provider or an abuse desk. I posted it to a closed list and one of the participants put it together into a bingo card.
bingo__email__save_1
A lot of these statements are valid marketing and business statements. But the folks responsible for blocking mail don’t really care. They just want their users to be happy with the mail they receive.

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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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Spamming ESPs: the followup

Campaign Monitor contacted me about yesterday’s post. The phrasing I picked out of the spammers AUP matched their AUP quite closely. In fact, if you plug the AUP into Google, Campaign Monitor comes up as one of the first hits.
It was not Campaign Monitor I was talking about. In fact, the ESP I received the mail from is not on the first 8 pages of Google hits for the phrases I posted.
A similar thing happened when I posted about Dell spamming me. Dell has multiple ESPs, and one of their ESPs contacted me directly in case they were the ones Dell was spamming through. It was no surprise to me that they weren’t the ESP involved.
This is what good ESPs do. Good ESPs monitor their reputation and monitor what people are saying about them. Good ESPs notice when people claim they’re being spammed and effectively reach out to the complainers so they can investigate the claim.
Good ESPs don’t just rely on the complaint numbers to take action. They keep an eye out on social networks to see who might be receiving mail they never asked for.

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Who pays for spam?

A couple weeks ago, I published a blog post about monetizing the complaint stream. The premise was that ESPs could offer lower base rates for sending if the customer agreed to pay per complaint. The idea came to me while talking with a deliverability expert at a major ESP. One of their potential customer wanted the ESP to allow them to mail purchased lists. The customer even offered to indemnify the ESP and assume all legal risk for mailing purchased lists.
While on the surface this may seem like a generous offer, there aren’t many legal liabilities associated with sending email. Follow a few basic rules that most of us learn in Kindergarten (say your name, stop poking when asked, don’t lie) and there’s no chance you’ll be legally liable for your actions.
Legal liability is not really the concern for most ESPs. The bigger issues for ESPs including overall sending reputation and cost associated with resolving a block. The idea behind monetizing the complaint stream was making the customer bear some of the risk for bad sends. ESP customers do a lot of bad things, up to and including spamming, without having any financial consequences for the behavior. By sharing  in the non-legal consequences of spamming, the customer may feel some of the effect of their bad decisions.
Right now, ESPs really protect customers from consequences. The ESP pays for the compliance team. The ESP handles negotiations with ISPs and filtering companies. The cost of this is partially built into the sending pricing, but if there is a big problem, the ESP ends up shouldering the bulk of the resolution costs. In some cases, the ESP even loses revenue as they disconnect the sender.
ESPs hide the cost of bad decisions from customers and do not incentivize customers to make good decisions. Maybe if they started making customers shoulder some of the financial liability for spamming there’d be less spamming.

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