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Electronic records outside US not covered by US warrants

The 2nd Circuit Court of Appeals ruled against the Government today in US Government vs. Microsoft. The government is investigating a drug dealer and want access to records held by Microsoft. Microsoft turned over metadata stored on US machines. But they refused to turn over the specific emails stored on machines in Dublin. The company’s position is that the federal government needs to follow the rules of the Mutual Legal Assistance Treaty between the US and Ireland.
This has been winding its way through the appeals court.
The court’s ruling today states “§ 2703 of the Stored Communications Act does not authorize courts to issue and enforce against U.S.‐based service providers warrants for the seizure of customer e‐mail content that is stored exclusively on foreign servers.”
An interesting ruling, and I see pros and cons to the ruling. It does complicate anti-spam enforcement a bit and make it easier for criminals to hide their data overseas while they might be in the US. But it’s already easy for them to do that. Many arrests of spam gangs and others for crimes committed on the Internet over email involve multiple law enforcement agencies across the world.
Full text of the ruling (.pdf link)

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US-EU Privacy Shield Approved

Since the Safe Harbor rules were struck down by EU courts, the US and EU have been in negotiations to replace it. This morning (pacific time) the EU approved the new rules called Privacy Shield. WSJ Article

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Politician sends spam, experiences consequences, news at 11

Over the weekend I’ve been seeing a number of over the top, hyperbolic blog posts about the Trump Campaign’s agency getting suspended from their ESP for spamming. Adestra suspended the Donald Trump campaign for “for committing some of the most egregious spamming in the history of the Internet in an effort to save his broke campaign.”
That quote about “most egregious spamming” is from some partisan website that is all about making Trump look bad.  I did actually laugh out loud reading most egregious. Let’s be real here. This incidence of spamming doesn’t even make it into the top 100 of the ones I know about. And it’s not like I’m particularly well up on who’s spamming what.
This really is business as usual in the email space and particularly the political email space. Political sender, be they special interest groups or politicians, are sloppy with permission and will send mail to any email address they get their hands on. I talked about this last week: Spam Filtering is Apolitical
spamVote
The Trump campaign isn’t the first political campaign to send spam.  It wasn’t huge news in 2012, but the Romney campaign was doing some bad stuff with their email marketing. They were working with snowshoe spammers. They were listed on the SBL. They got cut off by their ESP.
While Spamhaus doesn’t keep historic records, I found a post from 2012 on the “Mainsleaze” about the Romney campaign / supporters and their use of spam as a campaign tactic. In the comments on that post a representative of Spamhaus says, “Entirely too many political operatives and some of those who work with them at ESPs feel entitled to ignore the usual rules and send opt-out bulk email to anybody they wish.” This is true, and something I’ve repeatedly mentioned on this blog.

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Spam, campaign statistics and red flag URLs

It’s not often spammers send me their campaign statistics, but on Tuesday one did.
The spam came “from” news@udemy.com, used udemy.com in the HELO and message-ids and, sure enough, was advertising udemy.com:
 

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June 2016: The Month in Email

We’re officially halfway through 2016, and looking forward to a slightly less hectic month around here. I hope you’re enjoying your summer (or winter, for those of you in the Southern Hemisphere).
 

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About the Hillary Clinton email server thing…

I was going to say something about the issue with Hillary Clinton using an email server provided by her own staff for some of her email traffic, rather than one provided by her employer, but @LaneWinree already wrote pretty much what I’d have written, just better than I would have done.

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Harvesting Addresses from LinkedIn

There seems to have been an uptick in the number of folks harvesting addresses from their LinkedIn contacts and adding them to mailing lists. I’ve been seeing this in my own mailbox. I’m getting added to different lists and because I used a tagged address I know these folks are harvesting from LinkedIn.
This behavior is really rude. Just because someone accepted your contact request on LinkedIn, doesn’t mean they want to be added to any mailing lists you may have. Let’s be honest, some people have hundreds or thousands of LinkedIn contacts. They’re not going to want to get mail from all of them.
This behavior risks your ESP account. I know of ESPs who have disconnected customers for importing all their LinkedIn contacts.
Of course, there are ways to effectively use your LinkedIn contacts. The short version is think about what you’re doing and how your mail will be received. Don’t grab all your contacts, be selective about who you choose. Have too many contacts to go through manually? That’s not an excuse, in fact, it’s an even bigger argument for not becoming a spammer.
Targeting.
I’ve previously written things you must consider when sending bulk mail to people who have connected with you on social networks.

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Spam filtering is apolitical

It’s time once again for news organizations to pay attention to spam filters. This happens sometimes. Intrepid news organizations breathlessly report on how a particular ISP is blocking mail from a certain political figure our organization. I’ve written about political and activist lists being blocked or filtered before. Some of these posts are from the very early days of the blog even.
electionemail
In 2007, AOL came under fire when their filters were blocking mail from Truthout.org. Truthout’s response was to yell, loudly, this was censorship and unfair. I talked about it in two blog posts: They’re not blocking you because they hate you and It really can be your email.
The reality is mail wasn’t blocked because AOL didn’t like Truthout or what they stood for. In fact, the folks I knew at the postmaster desk who handled blocking issues were more likely to support Truthout than try and censor them. But, the reality was that truthout.org was sending bad mail and it wasn’t wanted and so it got filtered. Don’t believe me? Carl Hutzler ran the AOL postmaster team and blogged about it at the time. His blog is gone, but archive.org has the full text.

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Bad data drives delivery problems

It’s a wild election season here in the US. In the past few presidential elections, email has played a bigger and bigger role in messaging and fundraising. President Obama’s campaign used email effectively, but sent  huge volumes. In fact, the volume was so heavy, it led to a joke on the Daily Show.

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Bounce handling is hard

Sometimes I find it hard to find a new topic to write about. I decide I’m going to write about X and then realize I did, often more than once. Other times I think I can blog about some issue only to realize that it’s too complex to handle in a quick post. There are concepts or issues that need background or I have to work a little harder to explain them.
One thing I haven’t blogged about before is bounce handling. That particular topic falls into the other category of posts that take a lot of time to write and need a significant amount of work to make sense. I was even joking with my fellow panel members at EEC a few months ago about how that’s a post that so needs to be written but I’m avoiding it because it’s so hard. There’s so much to be conceptualized and explained and I realize it’s not a blog post but multiple blog posts, or a white paper or even a book.
Bounce Rate words on a thermometer or gauge measuring the rate of abandonment as visitors or audience leaves your website or online page or resource
So let’s start with some simple definitions.  Those of you who work at ISPs are probably thinking of bounces in terms of accept than reject, that’s not exactly what I’m talking about here. I’m writing these for senders, who usually call rejects during the SMTP transaction bounces.

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