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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.

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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:

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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.

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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

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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

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Now you know…

The key to email marketing, at least if you read blogs and talk to experts who blog about such things, is to segment your lists. But what does segmenting your lists really mean? Ken touches on it in a recent article about engagement and segmenting.
Segmenting your list means, quite simply, knowing your audience. It means tailoring your message to them, in order to extract as much money from them as possible. It means knowing which subscribers you can push with volume and which you will lose if you increase things too far.
In short, it means not treating all your subscribers the same, instead treating them slightly differently based on how they interact with your message.
To some people, this is too difficult. Ken even quoted someone in the industry as saying

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TWSD: lie about the source of address

A few months ago I got email from Staff of Norman Rockwell Museum of Vermont, to an addresses scraped off one of my websites. At the bottom it says:

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Office cat says

All work and no cat petting makes for a very cranky, and in the way, cat.

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GFI/SORBS – should I use them?

Act 1 • Act 2 • Intermezzo • Act 3 • Act 4 • Act 5
Management Summary, Redistributable Documents and Links
In the past week we’ve demonstrated that the SORBS reputation data is riddled with mistakes, poor practices, security holes and operational problems, and that the quality of the end result is really too poor to be useful.
Today I’m looking at how this information should affect your choice of spam filtering technology.

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GFI/SORBS – I'm blacklisted, now what?

Act 1 • Act 2 • Intermezzo • Act 3 • Act 4 • Act 5
Management Summary, Redistributable Documents and Links
In the past week we’ve demonstrated that the SORBS reputation data is riddled with mistakes, poor practices, security holes and operational problems, and that the quality of the end result is really too poor to be useful.
What does this mean to you though? There are really two aspects: 1. what to do if you’re blacklisted or blocked by GFI or based on GFI/SORBS data and 2. how this information should affect your choice of spam filtering technology. We’ll be looking at the first point today, and the second tomorrow.

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