Sanford Wallace goes to Jail

Sanford Wallace has been sentenced to 2 years in jail by the US District court in San Jose for contempt of court and electronic mail fraud. Sanford has been around for more than 2 decades. He is one of the spammers that drove me to learn how to read headers and report spam back in the late nineties.

Sanford has been in and out of courts and the news almost as long as he’s been spamming. When I dug into Pacer this morning to grab a copy of the sentencing report I see multiple cases, some going back as far as 1996. There aren’t electronic records for Concentric Network v. Wallace, et al. (case: 5:96-cv-20829-RMW) but the final disposition of the case says “Permanent Injunction.”

While the Court agreed that AOL had indeed opened its e-mail system to the public, that was not enough to establish that AOL was performing an “exclusive public function” because AOL’s operation of its e-mail system was not an exercise of municipal power or an essential public service. Thus, AOL had a right to block Cyber’s spam to AOL’s members. Netlitigation Review

He started with unsolicited marketing before email. He was a prolific sender of junk faxes. In fact, one of the reasons junk faxing is illegal is directly due to Sanford. As the story goes, when Congress was discussing prohibiting junk faxing, Sanford decided to flood their offices with faxes. This annoyed them so much they made it illegal.
After the death of junk faxing, Sanford moved to email. His first few domains were things like savetrees.com. Because email saves paper or something. In 1996 Sanford sued AOL for blocking his mail. He lost. You can read about the CyberPromotions vs. American Online, Inc. case.
Sanford moved on from email spam in the early 2000s. This was after being involved in many other cases and helping create the body of case law that says ISPs can block spam. He built businesses around advertising and fraud on MySpace and then moved on to Facebook. Facebook took him to court (sound familiar?) and the Facebook case laid the groundwork for the grand jury to indict Sanford on criminal charges.
Many of us who started fighting spam in the late 90s tangled with Sanford. A group of us even sat on a conference call with him to discuss his idea for an email marketing supported backbone. His proposal was free access to consumers, in return for having no email filters and receiving advertising in their mailbox. As long as the consumers opted in to this, I had no real problem with it. I didn’t think it would work, but there wasn’t abuse of other networks involved so more power to him.
His spam supporting network never materialized and he moved on. What he never did was stop finding new ways to intrude on people’s environment to try and sell them something. Maybe his time in jail and the mandatory mental health treatment afterwards will mark a true turning point. But, despite his lawyers claim that he’s finally learned his lesson from the criminal charge, I expect that it’s very possible we still haven’t heard the last of sanford.

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Let's talk CAN SPAM

CheckboxEarlier this week I posted about the increased amount of B2B spam I’m receiving. One message is not a huge deal and I just delete and move on. But many folks are using marketing automation to send a series of emails. These emails often violate CAN SPAM in one way or another.
This has been the law for 13 years now, I find it difficult to believe marketers are still unaware of what it says. But, for the sake of argument, let’s talk about CAN SPAM.

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Things to read: March 9, 2016

It’s sometimes hard for me to keep up with what other people are saying and discussing about email marketing. I’ve been trying to be more active on LinkedIn, but there are just so many good marketing and delivery blogs out there I can’t keep up with all of them.
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Here are a couple interesting things I’ve read in the last week.
Five Steps to Stay Out of the Spam Folder. Conceptually easy, sometimes hard to pull off in practice, these recommendations mirror many things I say here and tell my clients about delivery. The audience is in charge and your recipients are the best ally you can have when it comes to getting into the inbox.
Which states are the biggest sources of spam?. California and New York top the list, but the next two states are a little surprising. Over on Spamresource, Al points out the two next states have some unique laws that may affect the data. I just remember back in the day there were a lot of spammers in Michigan, I’m surprised there’s still a significant volume from there.
CASL didn’t destroy Canadian email. Despite concerns that CASL would destroy the Canadian email marketing industry, the industry is going strong and expanding. In fact, spending on email marketing in Canada was up more than 14% in 2015 and is on track to be up another 10% this year. Additionally, according to eMarketer lists are performing better because they’re cleaner.
A brief history of email. Part of the Guardian’s tribute to Ray Tomlinson, the person who sent the first email. Ray’s work literally changed lives. I know my life would be significantly different if there wasn’t email. Can you imagine trying to be a deliverability consultant without email? 🙂

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Ugg, a spammer.

I’ve written before about how there is some (I’m sure lovely) woman in the UK who has been connected to my email address. I get a lot of mail for her. Mostly spam. She doesn’t seem to be using the address, but I regularly get mail addressed to MRS. LAURA CORBISHLEY (all caps, always). Typically these messages are advertising various UK stores and products. Sometimes they’re mortgage offers. A few have been sweepstakes only open to UK residents.
ShadyGuyWebsite
I generally forward these spams off to various blocklists with the note it’s my “UK spamtrap” and they take whatever actions seem appropriate to them.
2016-03-21_14-33-39Today, though, I got my first US spam to Mrs. Laura Corbishly. From a Yesmail customer called sanuk.com. I’m getting a website error (they get smacked for spamming already?) but a little research tells me this is shoe company that owns a bunch of brands, including Ugg.
Yes, Ugg a Spammer. They even even have a disclaimer at the bottom of the email telling me they’re a spammer!
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Not so much, no. It appears, though, that the data brokers selling Mrs. Corbishley’s name connected to my email address have figured out that no one ever actually acts on any of their UK offers. So now they’re selling into the US market in hopes that they might entice a purchase?
On a purely nosy level, I’d love to know who was selling the address. First off, I’d love to know where they got this info in the first place. Secondly, what horrible database are they using that keeps name data in all caps? (When I get email to this trap I think they’re shouting at me, as if I’m the one who is wrong about my name. Maybe they think if they yell at me loud enough will I decide I really am the happy wife of Mr. Corbishley of Swindon, UK. )
I do tell clients that it’s useful to remind customers that they signed up for mail, especially if they haven’t mailed for a while. So I know not every email with a “you opted in” reminder is spam, but I only notice those things when I haven’t opted in. It’s something I mostly gloss over if I really did opt-in. I wonder if this is how other folks react to “you opted in” notices, too.
I do recommend the reminder be much more specific than “you opted in at our website.” Give the user a date, a time, something that isn’t just something any company can, and many do, make up.
 
 

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