Open subscription forms going away?

A few weeks ago, I got a call from a potential client. He was all angry and yelling because his ESP had kicked him off for spamming. “Only one person complained!! Do you know him? His name is Name. And I have signup data for him! He opted in! How can they kick me off for one complaint where I have opt-in data? Now they’re talking Spamhaus listings, Spamhaus can’t list me! I have opt-in data and IP addresses and everything.”
We talked briefly but decided that my involvement in this was not beneficial to either party. Not only do I know the complainant personally, I’ve also consulted with the ESP in question specifically to help them sort out their Spamhaus listings. I also know that if you run an open subscription form you are at risk for being a conduit for abuse.
This abuse is generally low level. A person might sign up someone else’s address in an effort to harass them. This is a problem for the victim, but doesn’t often result in any consequences for the sender. Last week’s SBL listings were a response to subscription abuse happening on a large scale.


We’ve generally accepted that low friction signup forms are a win for business. There aren’t many consequences to the business to maintaining them. That doesn’t mean all signups are low friction. Almost any social networking site will require some sort of confirmation before allowing full access to their platform. Certainly the big platforms – Twitter, Facebook, and LinkedIn to name a few – require new users to click a link to confirm their address. This is standard process that most internet users are familiar with.
Not all “networking” sites require confirmation, though. Over at Spamtacular Mickey talks about the Ashley Madison hack. He’s been reading through the report from the Canadian and Australian governments. He quotes the report:

The level of accuracy required is impacted by the foreseeable consequences of inaccuracy, and should also consider interests of non-users. This investigation looked at ALM’s practice of requiring, but not verifying, email addresses from registrants. While this lack of email address verification could afford individuals the ability to deny association with Ashley Madison’s services, this approach creates unnecessary reputational risks in the lives of non-users — allowing, for instance, the creation of a potentially reputation-damaging fake profile for an email address owner. The requirement to maintain accuracy must consider the interests of all individuals about whom information might be collected, including non-users.

The lack of email address verification creates unnecessary reputational risks in the lives of non-users.


At one point there was an argument that confirmation was an unfamiliar process and senders couldn’t trust the end users would confirm. That was true. It’s not longer true, though. While Facebook doesn’t publish their confirmation numbers, informal discussions tell me well over 90% of signups are confirmed. Confirmation is a standard process for users to go through these days.
One of the things some of us discussed, related to the Spamhaus issue, was that if enough government officials were hit then there might be legislation requiring some level of confirmation or protection. I don’t think it will happen any time soon. I don’t even think it’s likely. But there are the possibly apocryphal story of congress passing the TCPA because their fax machines were inundated with junk faxes. Could a similar attack on email addresses lead to legislation about open subscription forms?

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September 2015: The month in email

SeptemberCalendarSeptember’s big adventure was our trip to Stockholm, where I gave the keynote address at the APSIS Conference (Look for a wrapup post with beautiful photos of palaces soon!) and had lots of interesting conversations about all things email-related.
Now that we’re back, we’re working with clients as they prepare for the holiday mailing season. We wrote a post on why it’s so important to make sure you’ve optimized your deliverability strategy and resolved any open issues well in advance of your sends. Steve covered some similar territory in his post “Outrunning the Bear”. If you haven’t started planning, start now. If you need some help, give us a call.
In that post, we talked a bit about the increased volumes of both marketing and transactional email during the holiday season, and I did a followup post this week about how transactional email is defined — or not — both by practice and by law. I also wrote a bit about reputation and once again emphasized that sending mail people actually want is really the only strategy that can work in the long term.
While we were gone, I got a lot of spam, including a depressing amount of what I call “legitimate spam” — not just porn and pharmaceuticals, but legitimate companies with appalling address acquisition and sending strategies. I also wrote about spamtraps again (bookmark this post if you need more information on spamtraps, as I linked to several previous discussions we’ve had on the subject) and how we need to start viewing them as symptoms of larger list problems, not something that, once eradicated, means a list is healthy. I also posted about Jan Schaumann’s survey on internet operations, and how this relates to the larger discussions we’ve had on the power of systems administrators to manage mail (see Meri’s excellent post here<).
I wrote about privacy and tracking online and how it’s shifted over the past two decades. With marketers collecting and tracking more and more data, including personally-identifiable information (PII), the risks of organizational doxxing are significant. Moreso than ever before, marketers need to be aware of security issues. On the topic of security and cybercrime, Steve posted about two factor authentication, and how companies might consider providing incentives for customers to adopt this model.

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Insight into Gmail filtering

Last week I posted a link to an article discussing how Gmail builds defenses to protect their users from malicious mail. One of the things I found very interesting in that article was the discussion about how Gmail deploys many changes at once, to prevent people from figuring out what the change was.
Let’s take a look at what Gmail said.

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Setting expectations at the point of sale

In my consulting, I emphasize that senders must set recipient expectations correctly. Receiver sites spend a lot of time listening to their users and design filters to let wanted and expected mail through. Senders that treat recipients as partners in their success usually have much better email delivery than those senders that treat recipients as targets or marks.
Over the years I’ve heard just about every excuse as to why a particular client can’t set expectations well. One of the most common is that no one does it. My experience this weekend at a PetSmart indicates otherwise.
As I was checking out I showed my loyalty card to the cashier. He ran it through the machine and then started talking about the program.
Cashier: Did you give us your email address when you signed up for the program?
Me: I’m not sure, probably not. I get a lot of email already.
Cashier: Well, if you do give us an email address associated with the card every purchase will trigger coupons sent to your email address. These aren’t random, they’re based on your purchase. So if you purchase cat stuff we won’t send you coupons for horse supplies.
I have to admit, I was impressed. PetSmart has email address processes that I recommend to clients on a regular basis. No, they’re not a client so I can’t directly take credit. But whoever runs their email program knows recipients are an important part of email delivery. They’re investing time and training into making sure their floor staff communicate what the email address will be used for, what the emails will offer and how often they’ll arrive.
It’s certainly possible PetSmart has the occasional email delivery problem despite this, but I expect they’re as close to 100% inbox delivery as anyone else out there.

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