Consent must be informed

In the deliverability space we talk about permission and consent a lot. All too often, though, consent is taken not given. Marketers and senders assume they have permission to send email, while the recipient is left expecting no email.

There are different ways that companies assume permission. A favorite is to hide the permission deep in the terms and conditions or in the privacy policy. This is problematic on a number of different levels. In some cases, the privacy policy and the terms and conditions policies contradict each other. One will say they can send email, the other says they won’t.

Other forms of taking permission include scanning badges at conferences and uploading address books to bulk sending programs. Neither of these things are actually permission. Just because someone corresponds with an employee does not mean they are giving permission to be added to mailing lists.

Modern laws are attempting to address this. Both CASL and GDPR make it clear that senders can’t simply assume they have permission to send mail. Permission must be explicitly granted and the terms of the permission must be clear. The new California privacy laws are also trying to make consent explicit.

Overall, laws requiring explicit permission are a direct result of too many marketers and senders assuming consent. The regulations weren’t created out of nothing, they’re a response to ongoing abuses by the marketing industry. The marketing industry had the ability to head this off by acting reasonably, but self regulation wasn’t on the table.

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February 2017: The Month In Email

Happy March!

As always, I blogged about best practices with subscriptions, and shared a great example of subscription transparency that I received from The Guardian. I also wrote about what happens to the small pool of people who fail to complete a confirmed opt-in (or double opt-in) subscription process. While there are many reasons that someone might not complete that process, ultimately that person has not given permission to receive email, and marketers need to respect that. I revisited an older post on permission which is still entirely relevant.
Speaking of relevance, I wrote about seed lists, which can be useful, but — like all monitoring tools — should not be treated as infallible, just as part of a larger set of information we use to assess deliverability. Spamtraps are also valuable in that larger set of tools, and I looked at some of the myths and truths about how ISPs use them. I also shared some thoughts from an industry veteran on Gmail filtering.
On the topic of industry veterans, myths and truths, I looked at the “little bit right, little bit wrong” set of opinions in the world of email. It’s interesting to see the kinds of proclamations people make and how those line up against what we see in the world.
We attended M3AAWG, which is always a wonderful opportunity for us to catch up with smart people and look at the larger email ecosystem and how important our work on messaging infrastructure and policy really is. I was glad to see the 2017 Mary Litynski Award go to Mick Moran of Interpol for his tireless work fighting abuse and the exploitation of children online. I also wrote about how people keep wanting to quote ISP representatives on policy issues, and the origin of “Barry” as ISP spokesperson (we should really add “Betty” too…)
Steve took a turn as our guest columnist for “Ask Laura” this month with a terrific post on why ESPs need so many IP addresses. As always, we’d love to get more questions on all things email — please get in touch!

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Marketing automation plugins facilitate spam

There’s been an explosion of “Google plugins” that facilitate spam through Gmail and G Suite. They have a similar set of features. Most of these features act to protect the spammer from spam filtering and the poor reputation that comes from purchasing lists and incessantly spamming targets. Some of these plugins have all the features of a full fledged ESP, except a SMTP server and a compliance / deliverability team.
I’ll give the folks creating these programs credit. They identified that the marketers want a way to send mail to purchased lists. But ESPs with good deliverability and reputations don’t allow purchased lists. ESPs that do allow purchased lists often have horrible delivery problems. Enter the spam enabling programs.
From the outside, the folks creating these programs have a design goal to permit spam without the negatives. What do I mean? I mean that the program feature set creates an environment where users can send spam without affect the rest of their mail.
The primary way the software prevents spam blocking is using  Google, Amazon or Office 365 as their outbound mail server. Let’s be frank, these systems carry enough real mail, they’re unlikely to be widely blocked. These ISPs are also not geared up to deal with compliance the same way ESPs or consumer providers are.
There seem to be more and more of these companies around. I first learned of them when I started getting a lot of spam from vaguely legitimate companies through google mail servers. Some of them were even kind enough to inform me they were using Gmail as their marketing strategy.

I didn’t realize quite how big this space was, though. And it does seem to be getting even bigger.
Then a vendor in the space reached out looking for delivery help for them and their customers. Seems they were having some challenges getting mail into some ISPs. I told them I couldn’t help. They did mention 3 or 4 names of their competitors, to help me understand their business model.
Last week, one of the companies selling this sort of software asked me if I’d provide quotes for a blog article they were writing. This blog article was about various blocklists and how their software makes it such that their customers don’t really have to worry about blocking. According to the article, even domain based blocking isn’t an issue because they recommend using a domain completely separate from their actual domain. I declined to participate. I did spend a little time on their website just to see what they were doing.
This morning a vendor in the space joined one of the email slack channels I participate in asking for feedback on their software. Again, they provide software so companies can send spam through google outbound IPs. Discussions with the vendor made it clear that they take zero responsibility for how their software is used.
I don’t actually expect that even naming and shaming these companies facilitating spam will do anything to change their minds. They don’t care about the email ecosystem or how annoying their customers are. About the best they could do is accept opt-out requests from those of us who really don’t want to be bothered by their customers. Even that won’t really help, even domain based opt-outs are ineffective.
What needs to happen is companies like Google, Amazon and Microsoft need to step up and enforce their anti-spam policies.

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Email Marketing Trends from Freshmail

[#INFOGRAPHIC] Email marketing trends 2018


It’s always an honor to be asked to provide quotes and thoughts with experts in the field. Sometimes the day to day gives me tunnel vision, but things like this give me the opportunity to think more globally. Hands down, though, the best part is seeing the final product and hearing what other folks have to say.
Go check out the full infographic.

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