Who didn't invent email, part 2

Back in 2014, Steve wrote an article discussing Shiva Ayyadurai,and his claims that he was the inventor of email. In that article he links to a number of articles from Techdirt. Earlier this year, Shiva sued Floor64, the parent company of Techdirt, as well as Michael Massnick the Founder, CEO and editor and Leigh Beadon, a writer for Techdirt. (Original Complaint pdf from ReCAP). Ars Technica has a good article on Shiva and his claims.

The complaint asserts that the defendants defamed Shiva in their articles, caused him economic harm and inflicted emotional distress on him.
Today the judge dismissed the case (Memorandum and Order, pdf from ReCAP) against Michael and Leigh.  The legal standard for punishable defamatory statements is there must be a way to prove them true or false. The judge ruled that since there is not a single definition of email, that there is no way to definitively prove Techdirt’s statements as true or false.
No one disputes the Shiva coded a system that encompasses the features we expect of any desktop or web based mail client. As many people have mentioned, the fact he was 14 and put together a complex program is impressive in and of itself. No one is disputing what he did accomplish.
To my mind the fundamental core of email is interoperability. It’s that I can sit in my lab at the University of Wisconsin, type a message, hit send and have someone in Boston receive the message. I can sit here in my office in California and write to my client in the the UK. The bits of the email client, which define email according to Shiva, are not email. They’re important for usability, but they’re not what makes  email email.
According to Ars Technica, Shiva is going to appeal the dismissal.
EDIT: Techdirt has posted an article on the lawsuit and the dismissal.
 

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September 2016: The month in email

Happy October, everyone. As we prepare to head to London for the Email Innovations Summit, we’re taking a look back at our busy September. As always, we welcome your feedback, questions, and amusing anecdotes. Seriously, we could use some amusing anecdotes. Or cat pictures.
 
San Francisco and Coit tower
We continued to discuss the ongoing abuse and the larger issues raised by attacks across the larger internet infrastructure. It’s important to note that even when these attacks aren’t specifically targeting email senders, security issues affect all of us. It’s important for email marketers to understand that increased attacks do affect how customers view the email channel, and senders must take extra care to avoid the appearance of spam, phishing, or other fraudulent activity. I summarized some of the subscription form abuse issues that we’re seeing across the web, and noted responses from Spamhaus and others involved in fighting this abuse. We’re working closely with ESPs and policy groups to continue to document, analyze and strategize best practices to provide industry-wide responses to these attacks.
I was pleased to note that Google is stepping up with a new program, Project Shield, to help journalists and others who are being targeted by these attacks by providing hosting and DDoS protections.
I’m also delighted to see some significant improvements in email client interactions and user experiences. I wrote a bit about some of those here, and I added my thoughts to Al’s discussion of a new user interaction around unsubscribing in the iOS 10 mail client, and I’ll be curious to see how this plays out across other mail clients.
For our best practices coverage, Steve wrote about global suppression lists, and the ways these are used properly and improperly to prevent mail to certain addresses. I wrote about using the proper pathways and workflows to report abuse and get help with problems. I also wrote about the ways in which incentivizing address collection leads to fraud. This is something we really need to take seriously — the problem is more significant than some bad addresses cluttering up your lists. It contributes to the larger landscape of fraud and abuse online, and we need to figure out better ways to build sustainable email programs.
Is there such a thing as a perfect email? I revisited a post from 2011 and noted, as always, that a perfect email is less about technology and more about making sure that the communication is wanted and expected by the recipient. I know I sound like a broken record on this point (or whatever the 21st century equivalent metaphor of a broken record is….) but it’s something that bears repeating as marketers continue to evolve email programs.
We had a bit of a discussion about how senders try to negotiate anti-spam policies with their ESPs. Is this something you’ve experienced, either as a sender or an ESP?
In Ask Laura, I covered shared IP addresses and tagged email addresses, questions I get fairly frequently from marketers as they enhance their lists and manage their email infrastructures. As always, we welcome your questions on all things email delivery related.

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Truth, myths and realities

For a long time it was a known fact that certain ISPs recycled abandoned addresses into spamtraps. There were long discussions by senders about this process and how it happened. Then at a conference a few years ago representatives of ISPs got up and announced that they do not recycle addresses. This led to quite a bit of consternation about how deliverability folks were making things up and were untrustworthy and deceptive.

In the early 2000’s ISPs were throwing a lot of things at the wall to deal with mail streams that were 80 – 90% bulk. They tried many different things to try and tame volumes that were overwhelming infrastructure. ISPs did try recycled traps. I know, absolutely know, two did. I am very sure that others did, too, but don’t have specific memories of talking to specific people about it.
At that time, a lot of deliverability knowledge was shared through word of mouth. That turned into a bit of an oral history. The problem with oral history is that context and details get lost. We can use the story of the ISP that did/did not recycle traps as an example.
Deliverability folks talk about an ISP that recycles traps. They don’t mention how often it happens. Some folks make the assumption that this is an ongoing process. It’s not, but anyone who knows it’s not risks violating confidences if they correct it. Besides, if senders believe it’s an ongoing process maybe they’ll be better behaved. Eventually, the story becomes all ISPs recycle traps all the time. This is our “fact” that’s actually a myth.
Then an ISP employee goes to a conference an definitively states they don’t recycle traps. I believe he stated the truth as he knows it to be. That ISP moved on from recycled traps to other kinds of traps because there were better ways to monitor spam.
We were talking about this on one of the deliverability lists and I told another story.
[ISP] recycled addresses once – back when JD was there which must have been, oh, around 2005/6 or so. I heard this directly from JD. It wasn’t done again, but a whole bunch of people just assumed it was an ongoing thing. Since my knowledge was a private conversation between JD and me, I never felt comfortable sharing the information. Given the circumstances, I’ve decided it’s OK to start sharing that end of the story a little more freely.
No one set out to create a myth, it just happened. No one intended to mislead. But sometimes it happens.

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End of an era

A few moments ago, I cancelled one of my email addresses. This is an address that has been mine since somewhere around 1993 or 4. It was old enough to vote. And now it’s no more.
I am not even sure why I kept it for so long. It was my dialup account back when I was in grad school in Delaware. When I moved to Madison to work at the university, I kept it as a shell account and email address. I gave it up as my primary email address about the time it was bought by a giant networking company. By then I had my own domain and a mail server living behind the futon in the living room. That was back when we started WttW, somewhere around 2002.
15 years the address has mostly laid dormant. I used it for a couple yahoo groups accounts, but just lists that I lurked on.
I did use it as research for some past clients, typically the ones using affiliate marketers. “Our affiliates only ever send opt in mail!” Yeah, no. See, look, your affiliate is spamming me. My favorite was when said customer put me on the phone with the affiliate.

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