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Social networks and bulk email

There’s been a bit of a commotion on Twitter and over at J Caldwell’s blog about Al’s reaction to someone harvesting his address off LinkedIn and then adding that email address to his company’s marketing / newsletter database. Al objected to getting the mail, the person who did this shot back that it wasn’t spam, there was lots of arguing both over twitter and on the blog post.
This also recently happened when a well known email marketer took all 500+ of his Linked In contacts (including me) and added them to his corporate Christmas card list. His behaviour also created a bit of a stir, although it was a little less public.
That mailing was interesting, because a number of people who received the card thought this was the Best Use of Email, EVER! Some of them went so far as to opine “How could ANYONE not like this mail? What are they, Scrooge?” Well, actually, I found the mail irrelevant and a bit annoying. I have to admit I would have been a lot less annoyed if I knew this was a one time thing. However, in order to comply with CAN SPAM he included an opt-out. Which lead to some head scratching: have I been added to their full list? Am I going to get their newsletter from now on? Do I have to opt-out? What was he thinking?
Watching both of the above situations go down I have come up with a list of things you must consider when sending bulk mail to people who have connected with you on social networks.

More spam graphs

Ken Simpson, CEO of Mailchannels, was kind enough to give me permission to post their graph of spam and email volumes from September 1, 2010 through Jan 3, 2011.

Spam volumes in 2010

I started hearing various people comment about lower spam volumes sometime in mid December. This isn’t that unusual, spam volumes are highly variable and someone is always noticing that their spam load is going up or going down. The problem is extrapolating larger trends from a small selection of email addresses. There’s too much variation between email addresses and even domains to make any realistic assumptions about global spam volumes from mail coming into a particular address or domain. And that variation is before you even consider that spam filters prevent much of the spam from actually reaching people.

Merry Christmas

We’re slowing down for the end of the year. Blogging will be light the next week.
See you in the New Year!
Laura, Steve and the cats

Broken signup processes

DJ Waldow wrote a post on explicit permission over on Mediapost. I think he hit on some interesting bits and wanted to comment on them. In order to comment on a Mediapost blog, you have to register.
I’ve thought about it before, but every time I start the process I get to the page asking for detailed demographic information and decide no. This time, I was inspired enough by DJ to get to the second page of the signup process. This requires me to identify what type of marketing I’m interested in and won’t let me past the page until I click something. I’m not interested in anything, so I close the webpage. I can always write my own blog post responding to DJ.
I return to my inbox to discover a welcome message from Mediapost. It seems I am now a member and will be receiving email and specials and all the stuff I didn’t want from them.
This isn’t unusual. There are tons of websites on the net that don’t require you to complete a signup process in order to be added to their database. One of the worst I experienced was 1-800-Pet-Meds. They added me to their database when I abandoned a cart (what I wanted required a prescription from them, whereas I could just go into my vet’s and pick it up, so I’ll just pay the vet’s prices). They added me to their mailing list and couldn’t unsubscribe me because I was not in their customer database. Everything was done with the magic order number, which I didn’t have because I never ordered with them. That was fun to sort out.
It’s a bad idea to add people who don’t complete the signup or purchase process to your mailing lists. If you’re worried about losing a potential customer, then you can send mail reminding them to complete the process (or purchase). If you’re very into customer service, you can ask them if they are interested in future specials from you: would you like to opt-in to our mailing list anyway? Or you can give them the opportunity to remove their information from your database.

AOL goes kablooey

Sometime last night, AOL managed to delete their MX records, causing mail to hard bounce for at least 3 hours, possibly more. Annalivia noticed, contacted the NOC, appropriate people were paged and the records are now functional again.
This morning AOL seems to be having more mail problems, possibly related to everyone retrying mail that was hard bounced last night after the MX record was deleted. Or the company is just finally showing the consequences of laying off so many people last year.
I think the most worrying bit about this is that the AOL NOC didn’t notice there was no mail coming in for 3 hours. I don’t get mail for an hour and I start checking to see if the mailserver has fallen over. I can’t believe no one noticed no incoming mail for 3 hours.
I suggest that anyone who had AOL bounces last night package those up and resend today. But don’t send them all at once, trickle them out over the course of the day. Remember, everyone else is trying to send their mail, too. And AOL is not having a happy day.
UPDATE: The Return Path Received blog points out some of the reasons some of you might still be seeing AOL mail fail. The fix is to flush your DNS cache or reboot your DNS server.

Email and law in the news

A couple things related to the intersection of email and law happened recently.
The 6th circuit court ruled that the government must have a search warrant before accessing email. The published opinion is interesting reading, not just because of the courts ruling on the law but also because of the defendant. Berkeley Premium Nutraceuticals toyed with spamming to advertise their product as a brief search of public reporting sites shows. The extent and effort they went to in order to stay below the thresholds for losing their merchant accounts is reminiscent of the effort some mailers go through to get mail through ISP filters.
The other bit of interesting reading is the Microsoft motion to dismiss the case brought against them by Holomaxx. It is a relatively short brief (33 pages) and 3 of those pages are simply a listing of the relevant cases demonstrating ISPs are allowed to filter mail as they see fit. 2 more pages are dedicated to listing the relevant Federal and State statutes. I strongly encourage anyone considering suing any large ISP to to read this pleading. These lawyers understand email law inside and out and they are not going to mess around. They also have both statute and case law on their side. They point this out before the end of page 1:

Email marketing ulcers for the holiday

I’ve mentioned here before that I can usually tell when the big ISPs are making changes to their spam filtering as that ISP dominates my discussions with current and potential clients and many discussions on delivery mailing lists.
The last two weeks the culprit has been Yahoo. They seem to be making a lot of changes to their filtering schemes right at the busiest email marketing time of the year. Senders are increasing their volume trying to extract that last little bit of cash out of holiday shoppers, but they’re seeing unpredictable delivery results. What worked to get mail into the inbox a month ago isn’t working, or isn’t working as well, now.
Some of this could be holiday volume related. Many marketers have drastically increased their mail volume over the last few weeks. But I don’t think the whole issue is simply that there is more email marketing flowing into our mailboxes.
As I’ve been talking with folks, I have started to see a pattern and have some ideas of what may be happening. It seems a lot of the issue revolves around bulk foldering. Getting mail accepted by the MXs seems to be no different than it has been. The change seems to be based on the reputation of the URLs and domains in the email.
Have a domain with a poor reputation? Bulk. Have a URL seen in mail people aren’t interested in? Bulk. Have a URL pointing to a website with problematic content? Bulk.
In the past IPs that were whitelisted or had very good reputations could improve delivery of email with neutral or even borderline poor reputations. It seems that is no longer an effect senders can rely on. It may even be that Yahoo, and other ISPs, are going to start splitting IP reputation from content reputation. IP reputation is critical for getting mail in the door, and without a good IP reputation you’ll see slow delivery. But once the mail has been accepted, there’s a whole other level of filtering, most of it on the content and generally unaffected by the IP reputation.
I don’t think the changes are going to go away any time soon. I think they may be refined, but I do think that reputation on email content (particularly domains and URLs and target IP addresses) is going to play a bigger and bigger role in email delivery.
What, specifically, is going to happen at Yahoo? Only they can tell you and I’m not sure I have enough of a feel for the pattern to speculate about the future. I do think that it’s going to take a few weeks for things to settle down and be consistent enough that we can start to poke the black box and map how it works.

Canada passes anti-spam bill

Call it C-28, call it FISA, call it COPL, just don’t call it a pipe dream any longer.
Today the Canadian anti spam law received royal assent and is now law. ReturnPath is saying it will take effect September 2011, but that’s the only date I’ve seen published. The full text of the bill as passed by the House of Commons can be found at http://www2.parl.gc.ca/content/hoc/Bills/403/Government/C-28/C-28_3/C-28_3.PDF
It’s fairly dense and I’m still reading through the final version. Of critical importance for anyone marketing in Canada is that it sets requirements that commercial email be sent with the permission of the recipient. This is different from CAN SPAM here in the US which doesn’t require consent of the recipient, but allows anyone to send unsolicited email as long as it meets the standards set by the law.
CBC Story

Return Path blog post
CAUCE posts
Thin Data implementation guide

Holomaxx dismisses part of lawsuit

Ken announced yesterday that Holomaxx dropped their suits against Ironport and ReturnPath. Suits against Yahoo and Hotmail are still active.
In the Yahoo case, there is a case management meeting on January 14th.
In the Microsoft case, a response the complaint is due by December 17th.
I’m not quite sure what happened to prompt this change, but I think it makes it even more unlikely that the case will be successful. The courts have repeatedly ruled in favor of ISPs in these kinds of cases.
EDIT: I’d link to Ken’s article, but I appear to have closed that tab and I can’t find it on his website. I’ll add it as soon as I do.
EDIT: Ken’s announcement