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Venkat posts today about the ruling in the Asis v. Azoogle case. I have not yet had a chance to read the whole ruling, but in talking with Mickey over at SpamSuite it seems to expand the Gordon ruling a bit.
Mickey posts on Intellectual Intercourse about spam received from a recruiting agency trying to get him to hire one of their clients. This spam was amusing in that it contained reference to a bill that Mickey helped defeat years ago.
Box of Meat blog links to a CSO online article graphically demonstrating a botnet. The representation is really helps to understand the scope of the problem.
On Bronto Blog DJ posts about resurrecting old addresses. He has it right when he says: “If you continue to send email to customers that is random and unexpected, there will be consequences.”
Matt at ReturnPath has a couple posts about who should get delivery services and how ReturnPath chooses customers. This is something I end up dealing with occasionally. There are not specific types of companies I refuse to do consulting for. I will generally provide consulting on best practices to any business segment. My one restriction is that I will not provide ISP relations (ie, contacting the ISPs) for companies that do not send opt-in email. This has caused consternation with some potential customers.
Mark Brownlow at No Man is an iland suggests renaming “open rate” as “render rate” in an effort to make it much clearer what “open rates” really measure. Expect to see render rates referred to here on this blog in the future.
Josh talks about suppression list abuse on Deliverability.com. For those of us who use unique addresses for every signup, it quickly becomes clear that there are leaks in the suppression process. I have also seen problems with leaks from subscriptions, so do not think the problem is just in suppressions.

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EEC shows how not to send email

The Email Experience Council is the email marketing arm of the Direct Marketing Association. They recently sent out a mailing that demonstrated what not to do when sending email, including:

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More on spamfiltering feedback

Al wrote a post commenting on my post from last Thursday on spamfilters talking to senders who are being filtered. I think his take on it is close to mine. I would point out that Google has a pretty opaque system and no feedback to senders, but a lot of people seem to think their filters are accurate and do a good job.
Overall, I think there is room for discussion and feedback between senders and recipients, but on both sides the goal needs to be improving the enduser experience.

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Sender complaints about spamfiltering

JD posed a question in my post about Postini and trying to sort out a customer getting marked as spam by their filtering mechanism and I think it bears more discussion than can be done in comments.

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AOL publishes sender recommendations

In a blog post on April 28, AOL pointed to their new Sender Best Practices document. These are not things a sender must do in order to get mail delivered to AOL, but rather things that will help improve your reputation at AOL.
The recommendations are what I have been recommending for a while and there is nothing overly surprising in the recommendations.

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Spammers in the news

Eddie Davidson was sentenced yesterday to 21 months in jail for falsifying headers and tax evasion.
Sanford Wallace (the spammer that prompted me to start figuring out how to read headers) lost his suit with MySpace for failure to comply with court orders and failing to turn over documents.
Scott and Steve Richter are in the Washington Post today in an article discussing hijacked IP space. Reading the Post article, though, it appears that Scott legitimately bought a business with a /16 and there is no hijacking going on. Spammers have hijacked IP space illegitimately in the past, but this does not seem to be the case.

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Troubleshooting a Postini block

Mail from one of my clients is being filtered at Postini and they asked me to look into this. Not that there is anything that can be done, of course. Even before they were bought out by Google, they were the poster child for a spam filtering company that believed they could do no wrong. It was difficult, if not impossible to get a straight answer from Postini about filtering, and the only statement they would ever make in regards to blocking problems was ‘have the recipient whitelist your mail.’
It is not just that Postini will not talk with people who are blocked, they will not talk to their own customers, either. Many years ago, I was dealing with another Postini issue for a customer. This customer was a Postini customer and was sending mail to themselves to test their new ESP. Postini was blocking the mail and the customer wanted me to find out why. After a couple days of digging I did actually find a really-o truly-o human at Postini. [1] He explained to me that a single line of text, followed by an unsubscribe link was spam, always spam and nothing but spam. He also explained that the only way for that mail to be let through, was for my customer to turn off his Postini filters.
Fast forward 4 years and I once again have a customer blocked by Postini.  Usually, I tell customers there is nothing to be done for Postini blocks and that no one can find any information about them, but this customer is insistent. This particular customer has extremely clean mailing practices, sends highly relevant and wanted mail and consistently gets 95+% inbox delivery. They are not spammers, not even a little bit. Because I know this customer is so clean, I poked around a little to find some information about them. They do use the ReturnPath Mailbox Monitor so I have a copy of the headers Postini is adding. I also discovered that Postini is now providing a decoder service for their headers at https://www.postini.com/support/header_analyzer.php
The response you get back from pasting in a header is not that useful if you have found any of the numerous explanations of Postini headers, but it does show some willing. Note, there is no way to ask a question or provide feedback to Postini on the listing.
There is not much that can be done to deal with Postini filtering your email. The best you can do is have your recipients whitelist you.
[1] I believe I am the only person on the delivery end that has ever been able to actually talk to a live human at Postini, and I think that is only because I called them from the same area code they are in and some engineer decided to return the message I left on their corporate voicemail.

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Legal filings this week

It has been one of those weeks here and there have been a couple legal things that have come up that I have not had the time to blog about.
One is a post over on Eric Goldman’s blog by Ethan Ackerman discussing the Jeremy Jaynes case. It is quite an info heavy post, but well worth a read.
In addition to not having the time to fully read Ethan’s post and understand the legal subtleties he is discussion, I have not quite had the time to blog about two e360 filings that showed up this week.
The first is a filing by Spamhaus’ lawyers asking for the judge to compel e360 to participate in the discovery process. If you remember e360 won a default judgment against Spamhaus for over $11M. Spamhaus filed an appeal and the Seventh Circuit Court upheld the judgment but vacated damages. Spamhaus and e360 were ordered to conduct discovery on the damages.
I would assume that e360 would be eager to demonstrate the amount of damages Spamhaus caused them, but it appears this is not the case. According to the filing e360 has been missing deadlines and even skipped a planned deposition. The exhibits show numerous email conversations between the lawyers, with e360’s lawyers making repeated promises to deliver, and then failing to follow through.
There are a couple statements in the filing that stood out. First, this paragraph which contains a statement that should have e360’s lawyers shaking in their shoes.

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Categories of email

The question came up on a mailing list about how senders classify email. Steve came up with the following list of email types from the recipient (not sender) perspective

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Forgery and spamware

Recently there has been a massive uptick in forgeries. I have been seeing hundreds of bounce back messages, peaking at more than 1000 in an hour. I have been talking about this with people who monitor large spamtrap feeds, large MTAs and spamfilters and it seems this is not an isolated experience. The consensus seems to be that there is new spamware out there which is using email addresses on the spam list as a From: address
The volume itself is annoying. Thousands of messages a day from “mailer-daemon” telling me that the mail I sent with the subject line “Get a longer tool” cannot be delivered to some random address some where. These are coming to at least 3 separate email addresses. One of them was given to Intuit back in 2001/2002 when I registered a copy of Quicken, and ended up leaked to loan spammers and is all over spam lists. The other two are addresses scraped from websites. Same spammer has them, same spammer is using them as part of his spam run.
Even more annoying than the volume, though, is the challenge/response emails. “Your email to jobobjimbo@example.com cannot be delivered until you click this link.” I have been adding every domain I can find that is using c/r to my filters, and just discarding the c/r emails so I do not have to deal with them. That is not my ideal solution, it does mean that if someone using c/r ever tries to contact me I will not see the challenge and our communications cannot happen.
Some people have recommended that the right way to deal with challenges from forged spam are actually to answer the challenges. As the reasoning goes, if someone using c/r is going to outsource their spam filtering to a victim of spam forgery, then they should expect that the “spam filter” may have a different opinion than they do. While I always sympathized with this viewpoint, I was not sure I would ever confirm spam forgeries. The sheer volume of c/r stuff I have received in the last few weeks has almost convinced me that people who use c/r deserve every bit of spam they get. If a c/r filter lets in spam, then perhaps they will reconsider their choice to spew challenges out to forged email addresses.
The amount of c/r spam I am getting as part of the forgery runs is decreasing, I think I have finally managed to block the primary sources. It does mean I will not be able to communicate with people who use c/r in the future, but I find this a small price to pay for not having to be an outsourced spam filter. I get enough of my own spam, I really do not want to have to deal with yours.

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