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It's not illegal to block mail

My post “We’re going to party like it’s 1996” is still getting a lot of comments from people. Based on the comments, either people aren’t reading or my premise wasn’t clear.
Back in 1996 the first lawsuits were brought against ISPs to stop ISPs from blocking email. These suits were failures. Since that time, other senders have attempted to sue ISPs and lost. Laws have been written protecting the rights of the ISPs to block content they deem to be harmful.
Dela says that he was just attempting to open up a conversation, but I don’t see what he thinks the conversation is. That ISPs shouldn’t block mail their customers want? Sure, OK. We’re agreed on that. Now, define what mail recipients want. I want what mail I want, not what someone else decides I might want.
Marketers need to get over the belief that they own end users mailboxes and that they have some right to send mail to people. You don’t.
When marketers actually start sending wanted mail, to people who actually subscribe – not just make a purchase, or register online or happen to have an easily discoverable email address – then perhaps marketers will have some standing to claim they are being treated illegally. Until and unless that happens, the ISPs are well within their rights to block mail that their users don’t want.

Guide to resolving ISP issues

I often get a chuckle out of watching some people, who are normally on the blocking end of the delivery equation, struggle through their own blocking issues. A recent situation came up on a mailing list where someone who has very vehement opinions about how to approach her particular blocklist for delisting and that the lists policies are immutable. The company she works for is having some delivery issues and she’s looking for a contact to resolve the issues.
While digging through my blog posts to see if there was any help I could provide, I realized I don’t have a guide to resolving blocking issues at ISPs. Much of the troubleshooting can be done without ever contacting the ISPs or the blocklists.
Identify the issue.
There are a number of techniques that ISPs use to protect their users from malicious or problematic mail, from rate-liming incoming mail, putting mail in the bulk folder, or blocking specific IP addresses. Step one to resolving any delivery problem is to identify what is happening to the mail. In order to resolve the issue, you have to know what the issue is.
All too often, the description of a delivery problem is: My mail isn’t getting delivered. But that isn’t very clear as to what the actual problem is. Are you being temp failed? Is mail being blocked? Is mail going to the bulk folder? Is this something affecting just you or is it a widespread problem?
Troubleshoot your side.
Collect as much data about the problem as you can. Dig through logs and get copies of any rejection messages. Follow any URLs that are present in the bounce messages. Try sending a bare bones email to yourself at that ISP with just URLs, is it still blocked? What if you send from a different IP, does the same thing happen?
There is a lot of troubleshooting a sender can do without having to contact an ISP, and the information can lead to resolution that doesn’t involve having to contact the ISP. Also, many current ISP blocks are dynamic, they come up and go down without any human intervention. Those blocks that require contact to get them resolved have clear instructions in the bounce message.
Fix your stuff.
Whether it’s a reputation issue or a minor technical issue, fix the problem on your end. Just moving IP addresses or changing a URL isn’t a sustainable fix. There is a reason mail is being blocked or filtered and if you don’t fix that issue, the blocks are just going to come back. After you do fix your stuff, expect to see changes in a few days or a week. The ISP filters are generally quite responsive to sender improvements so if you’ve fixed the stuff you should see changes pretty quickly. Expect unblocking or filtering to take a little longer than the block was in place.
If you can’t figure out what the problem is, hire a consultant. Here at Word to the Wise we can often quickly identify a problem and provide a path to resolution. Sometimes the problem isn’t even the ISPs, we’ve had multiple cases where our clients were using custom software and their software wasn’t SMTP compliant and we were able to identify the problem and get their mail working again. There are a host of other independent consultants out there that can also help you identify and resolve blocking problems.
Contact the ISPs.
If there is a hard block or after fixing what you think the underlying problem is, you’ll have to contact the ISP. Many ISPs provide self service websites and contact forms to facilitate this process. Generally, though, most issues aren’t going to require contact.

Reputation monitoring sites

There are a number of sites online that provide public information about reputation of an IP address or domain name.

Don't be the tomcat

Our tomcat, Grover, wants to go outside. He wants to go out the side door, so he’s been sitting in front of it, looking at me, then staring at the door. He’s been doing this for about half an hour, intermixed with occasional sad yowling.
The back door is open, and he can get from outside the back door to outside the side door in a minute, tops. But he wants to go out the side door.
(I’d get up and open the side door for him anyway, but I have another cat asleep on my lap and it’s not fair to move her just because Grover is being difficult).
I’ve been having a discussion with him:
Grover, the back door is open.
But I want to go out the side door.
You could go out the back door and then go round to the side door.
But I want to go out the side door.

Abuse Reporting Format

J.D. has a great post digging into ARF, the abuse reporting format used by most feedback loops.
If you’re interested in following along, you might find this annotated example ARF report handy.

Stop SHOUTING

The nice folks at Box of Meat pointed me at an article about SHOUTING in ALL CAPITALS.

Content based filtering

A spam filter looks at many things when it’s deciding whether or not to deliver a message to the recipients inbox, usually divided into two broad categories – the behaviour of the sender and the content of the message.
When we talk about sender behaviour we’ll often dive headfirst into the technical details of how that’s monitored and tracked – history of mail from the same IP address, SPF records, good reverse DNS, send rates and ramping, polite SMTP level behaviour, DKIM and domain-based reputation and so on. If all of those are OK and the mail still doesn’t get delivered then you might throw up your hands, fall back on “it’s content-based filtering” and not leave it at that.
There’s just as much detail and scope for diagnosis in content-based filtering, though, it’s just a bit more complex, so some delivery folks tend to gloss over it. If you’re sending mail that people want to receive, you’re sure you’re sending the mail technically correctly and you have a decent reputation as a sender then it’s time to look at the content.
You want your mail to look just like wanted mail from reputable, competent senders and to look different to unwanted mail, viruses, phishing emails, botnet spoor and so on. And not just to mechanical spam filters – if a postmaster looks at your email, you want it to look clean, honest and competently put together to them too.
Some of the distinctive content differences between wanted and unwanted email are due to the content as written by the sender, some of them are due to senders of unwanted email trying to hide their identity or their content, but many of them are due to the different quality software used to send each sort of mail. Mail clients used by individuals, and content composition software used by high quality ESPs tends to be well written and complies with both the email and MIME RFCs, and the unwritten best common practices for email composition. The software used by spammers, botnets, viruses and low quality ESPs tends not to do so well.
Here’s a (partial) list of some of the things to consider:

In Atlanta through Friday

Off to visit the Chimps this week in Atlanta. Blogging from me may be light, but Steve will be around.

We're gonna party like it's 1996!

Over on deliverability.com Dela Quist has a long blog post up talking about how changes to Hotmail and Gmail’s priority inbox are a class action suit waiting to happen.
All I can say is that it’s all been tried before. Cyberpromotions v. AOL started the ball rolling when they tried to use the First Amendment to force AOL to accept their unsolicited email. The courts said No.
Time goes on and things change. No one argues Sanford wasn’t spamming, he even admitted as much in his court documents. He was attempting to force AOL to accept his unsolicited commercial email for their users. Dela’s arguments center around solicited mail, though.
Do I really think that minor difference in terminology going to change things?
No.
First off “solicited” has a very squishy meaning when looking at any company, particularly large national brands. “We bought a list” and “This person made a purchase from us” are more common than any email marketer wants to admit to. Buying, selling and assuming permission are par for the course in the “legitimate” email marketing world. Just because the marketer tells me that I solicited their email does not actually mean I solicited their email.
Secondly, email marketers don’t get to dictate what recipients do and do not want. Do ISPs occasionally make boneheaded filtering decisions? I’d be a fool to say no. But more often than not when an ISP blocks your mail or filters it into the bulk folder they are doing it because the recipients don’t want that mail and don’t care that it’s in the bulk folder. Sorry, much of the incredibly important marketing mail isn’t actually that important to the recipient.
Dela mentions things like bank statements and bills. Does he really think that recipients are too stupid to add the from address to their address books? Or create specific filters so they can get the mail they want? People do this regularly and if they really want mail they have the tools, provided by the ISP, to make the mail they want get to where they want it.
Finally, there is this little law that protects ISPs. 47 USC 230 states:

Gmail Evolution

All the cool kids are doing infographics, so here’s our take on the new Gmail Priority Inbox.