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# Spamtacular

Mickey Chandler's thoughts and musings on email, privacy, and the law

## Sitemaps

- [XML Sitemap](https://www.spamtacular.com/sitemap.xml): Contains all public & indexable URLs for this website.

## Posts

- [Abuse Desks Hate Political Emailers: How You Can Stand Out](https://www.spamtacular.com/2024/05/01/abuse-desks-hate-political-emailers-how-you-can-stand-out/) - Political email programs generate more abuse desk friction than almost any other sender category. Here is why the problems are structural, why they are not unique to campaigns, and what any sender can do about them.
- [RNC Lawsuit Against Google Dismissed](https://www.spamtacular.com/2026/01/20/rnc-lawsuit-against-google-dismissed/) - The 9th Circuit upheld the dismissal of a lawsuit by the Republican National Committee against Google. This post looks at the ruling and what it means.
- [Spammers Ruin Everything](https://www.spamtacular.com/2026/03/17/spammers-ruin-everything/) - Most of the time, email landing in the spam folder is a business problem. Campaigns don't convert, revenue gets left on the table, and the email team spends a week in deliverability triage. That is frustrating, but recoverable. In February 2026, twenty teachers in Surrey, British Columbia discovered the stakes can be considerably higher. Their
- [Washington Courts Expansion of CEMA's Reach Also Expand Risk](https://www.spamtacular.com/2026/02/17/washington-courts-expansion-of-cemas-reach-also-expand-risk/) - If you've been seeing Instagram ads from plaintiff's lawyers looking to sue email senders on behalf of Washington residents, Brown v. Old Navy1 and Aaland v. CRST Home Solutions2 are why. Both cases were decided in 2025, and together they finally answered questions CEMA has left open since it was passed in 2003. The Exposure
- [The President's App Can Be Worse Than Yours](https://www.spamtacular.com/2026/03/31/the-presidents-app-can-be-worse-than-yours/) - The federal government has substantial sovereign immunity. That means that the government can't be sued without its permission. Private companies don't have that kind of protection. That distinction is worth keeping in mind as you read this. On March 27, 2026, the White House released an official mobile app. Within hours, two independent security researchers
- [Privacy Statements vs. Reality: Mind the Gap](https://www.spamtacular.com/2025/02/14/privacy-statements-vs-reality-mind-the-gap/) - Pull up your privacy statement. Now pull up your actual data collection forms. How close is the match? In most organizations, the answer is: not very. Privacy statements are written to describe how data should be handled. Systems are built to collect whatever data is available. Those two things rarely get reconciled, and that gap
- [Not Everyone Uses "Primary Purpose"](https://www.spamtacular.com/2026/03/11/not-everyone-uses-primary-purpose/) - Lululemon just paid AU$702,900 to Australia's communications regulator after sending more than 370,000 emails that mixed shipping and order confirmation content with promotional material, without giving recipients any way to opt out.1 The Australian Communications and Media Authority (ACMA) announced the enforcement action on March 10, 2026 (March 11, 2026, in Australia), making this the
- [Salesforce Cloud Engagement Link Expirations & Compliance Obligations](https://www.spamtacular.com/2026/01/27/salesforce-cloud-engagement-link-expirations-compliance-obligations/) - Salesforce's email link vulnerability raises compliance issues under CAN-SPAM and CASL, necessitating user action to maintain opt-out functionality.
- [What Do You Mean I'm a "Business Associate!?"](https://www.spamtacular.com/2025/08/19/what-do-you-mean-im-a-business-associate/) - A New York accounting firm's $175,000 HIPAA settlement shows how any business handling protected health information becomes subject to healthcare privacy laws. Learn who HIPAA covers, when your business becomes a "business associate," and OCR's recommendations for preventing costly violations.
- [When is transactional mail not transactional anymore?](https://www.spamtacular.com/2009/12/02/when-is-transactional-mail-not-transactional-anymore/) - An interesting question came across my desk this morning. Here’s the request from someone we’ll call “Joe”: I need some help understanding CAN-SPAM requirements. I represent a membership organization. From time to time, we send marketing message to our members and, of course, some of the unsubscribe from those messages. Now we are getting to
- [When Does Transactional Email Becomes Marketing?](https://www.spamtacular.com/2025/08/13/when-does-transactional-email-becomes-marketing/) - Understanding where transactional email ends and marketing begins can determine whether your messages comply with anti-spam regulations. Here in the U.S., the CAN-SPAM Act uses a "primary purpose" test to make this distinction,1 but the practical application often creates gray areas that challenge email marketers. The key isn't whether your message contains some commercial content,
- [Hundreds of Data Brokers Are Dodging State Registration Laws](https://www.spamtacular.com/2025/06/27/hundreds-of-data-brokers-are-dodging-state-registration-laws/) - A new investigation from the Electronic Frontier Foundation and Privacy Rights Clearinghouse1 caught my attention this week. They found that hundreds of data brokers are systematically avoiding state registration requirements. The numbers tell the story: 291 companies failed to register in California, 524 in Texas, 475 in Oregon, and 309 in Vermont. The Registration Dodge
- [Why an opt-out opt-in doesn't really work](https://www.spamtacular.com/2011/08/17/opt-opt-doesnt-really-work/) - I recently heard from some friends about Penton Media sending an email asking people to subscribe to get third-party emails. They didn’t like being required to opt out to avoid receiving emails that weren’t requested in the first place, even if a warning had been given that the emails were coming. Apparently, Spamhaus agreed with
- [Planning for Christmas in July Delivers December Results](https://www.spamtacular.com/2025/06/18/planning-for-christmas-in-july-delivers-december-results/) - The email marketing industry faces a predictable challenge every year: companies consistently underestimate the timeline required for effective holiday season preparation. While marketing teams focus on campaign creative and promotional strategies, the technical infrastructure that enables successful holiday email execution requires months of advance planning. Most authentication upgrades, infrastructure scaling projects, and compliance reviews require
- [How to Stop Panicking Over Normal Email Fluctuations](https://www.spamtacular.com/2025/06/12/how-to-stop-panicking-over-normal-email-fluctuations/) - You've got dashboards full of open rates, click rates, bounce rates, and complaint rates. You check them religiously. But when something looks "off," what do you do? Panic? Ignore it? Make wild guesses about what changed? I think there's a better way. It comes from manufacturing quality control, and it's known as "statistical process control."
- [Microsoft's Phantom Menace](https://www.spamtacular.com/2025/03/14/microsofts-phantom-menace/) - The Discovery I recently needed to send a test message to a Microsoft account. While I still have access to an old school account that uses Office 365, I wanted to test using a consumer domain address. So, I turned to a Microsoft account using a non-Microsoft domain for OneDrive access. I uncovered something unexpected:
- [Practical Privacy Metrics for US and EU Compliance](https://www.spamtacular.com/2025/03/21/practical-privacy-metrics-for-us-and-eu-compliance/) - Privacy regulations are expanding across the US and globally, making measuring how well your privacy program performs essential. With a clear approach to metrics, you can track your organization's compliance status and identify specific improvements needed for different regulatory requirements. Now, Not Later Many small businesses have yet to incorporate privacy into their regular operations.
- [Identifying Actionable Email Metrics](https://www.spamtacular.com/2025/03/07/identifying-actionable-email-metrics/) - Your email monitoring dashboard fills up with numbers every day. Open rates, click rates, subscriber counts, and countless other data points flood your reports. Looking at all these numbers might feel productive, but many of these measurements offer no path to actually improving your email program. Understanding Vanity Metrics Consider your overall open rate. A
- [Privacy Training That Actually Works](https://www.spamtacular.com/2025/02/28/privacy-training-that-actually-works/) - Privacy training programs often focus on restrictions and rules. This approach creates frustrated employees who see privacy requirements as obstacles rather than protections. A different strategy produces better results. Laying the Groundwork Start by understanding what your teams want to accomplish. Ask marketing about their campaign goals. Learn how support measures success. Watch how developers
- [Balancing Metrics and Consent in Email](https://www.spamtacular.com/2025/02/21/email-privacy-balancing-metrics-and-consent/) - Email service providers offer extensive tracking capabilities. While these features help marketers measure campaign performance, privacy regulations create strict boundaries around what data you can collect and retain. Understanding how to navigate these requirements helps build a tracking strategy that respects subscriber privacy while meeting legitimate business needs. Core Tracking Metrics Most email programs focus
- [Unlock Success: Email Marketing Metrics After Mail Privacy Protection](https://www.spamtacular.com/2024/05/09/unlock-success-email-marketing-metrics-after-mail-privacy-protection/) - Since its introduction in September 2021, Apple’s Mail Privacy Protection (MPP)1 has reshaped the world of email marketing. MPP, available on iOS devices and Macs running macOS Monterey or later, prioritizes user privacy by hindering senders’ ability to track email activity. Let’s quickly dive into what MPP is, how it works, and its impact on
- [Stop Treating Your DKIM Keys Like Post-it Notes](https://www.spamtacular.com/2025/02/07/stop-treating-your-dkim-keys-like-post-it-notes/) - Private DKIM keys grant signing authority to your email servers. Many organizations treat these keys like disposable Post-it notes stuck inside a desk drawer, rotating them whenever someone remembers or leaving them forever. This casual approach creates risk. Why This Matters A compromised DKIM private key lets attackers send authenticated emails that pass DMARC checks,
- [Click Here, But Maybe Not: The Hidden Hurdles Of Email Policies](https://www.spamtacular.com/2024/05/29/click-here-but-maybe-not-the-hidden-hurdles-of-email-policies/) - Domain administrators implement email policies to safeguard users from phishing, malware, and spam threats. Admins believe these policies are crucial for ensuring security, but they may occasionally interfere with the intended functionality of wanted and expected emails. As a sender, it is essential to understand these policies and their potential impact on your email campaigns.
- [Laws Still Apply To Bad Ideas](https://www.spamtacular.com/2020/01/30/laws-still-apply-to-bad-ideas/) - On Monday, I posted, "Forcing Consent Is A Bad Idea.“1 The point was to say that, regardless of legal issues, there are very practical reasons in favor of setting a policy of not trying to force consent. But, just because there are practical reasons for not forcing consent does not mean that there are no
- [US Supreme Court To Consider TCPA Case](https://www.spamtacular.com/2020/01/10/us-supreme-court-to-consider-tcpa-case/) - https://www.supremecourt.gov/docket/docketfiles/html/public/19-631.html is the docket page for Barr, et al., v. American Association of Political Consultants, Inc., et al. This is a TCPA case involving automated calls with both the Petitioner and the Respondent agreeing on what they feel the outcome should be. The favored result would probably gut the TCPA’s prohibition against using automated dialer
- [Gold Lasso Email Marketing Anti-spam Policy](https://www.spamtacular.com/2007/11/07/gold-lasso-email-marketing-anti-spam-policy/) - So, today, I got an email from iLinc. Unsolicited email. To an alias account. Say what? You know, the guy you want to make sure doesn’t get spam is the ISP Relations Director for a more-or-less direct competitor. That’d be me. I know who I’ve handed that particular alias to (one company for a specific
- [Listrak Sends Me Spam For The American Medical Association](https://www.spamtacular.com/2007/11/16/listrak-sends-me-spam-for-the-american-medical-association/) - All of a sudden, out of the clear blue sky, I start getting email from the American Medical Association. This is coming to my personal email account, one that I have never given to the AMA. As you can see, I’ve gotten 3 of them. After the 3rd one, I finally went ahead and took
- [Tag44: Spamming For Jobs](https://www.spamtacular.com/2008/05/08/tag44-spamming-for-jobs/) - It’s time for another entry in the Email Hall of Shame. Tag44 has been emailing me for a while, hoping I’m in a hiring mood. Well, I am, as it happens. But I don’t hire people from unsolicited email. So, let’s start with the email: Received: from unknown [59.145.225.132] (EHLO icbupd02.amtelindia.com) by p02c12m025.mxlogic.net (mxl_mta-5.5.0-2) with
- [Why You Want To Unsubscribe Quickly](https://www.spamtacular.com/2008/05/28/why-you-want-to-unsubscribe-quickly/) - 1-800-Pet-Meds bills itself as “America’s Largest Pet Pharmacy.” And you might expect them to have good privacy policies, too, right? You’d be wrong. First, they seem to have a problem with unsubscribing people from their lists. There’s an article that came across my desk today (courtesy of Google’s news alerts) from The Consumerist: Saturday, she
- [Israel Gets A Spam Law With Teeth](https://www.spamtacular.com/2008/05/29/israel-gets-a-spam-law-with-teeth/) - There are news reports of tough anti-spam legislation coming out of Israel: The bills passed yesterday allows persons to sue advertisers for compensation without the burden of proof of harm, for any spam sent without prior consent in writing. Violation of the law is now a criminal offense carrying a fine of up to NIS
- [Forcing Consent Is A Bad Idea](https://www.spamtacular.com/2020/01/27/forcing-consent-is-a-bad-idea/) - We previously asked the question “who is your program for?”1 The idea behind that post was to briefly examine the idea that we make decisions for our programs that are based upon whom we have in mind to benefit. One example that I mentioned to show an incorrect focus was “We’ll require someone to register
- [Who Is Your Program For](https://www.spamtacular.com/2020/01/21/who-is-your-program-for-2/) - When designing something, one of the things which have to be done first is to consider what the purpose of the thing is. Many design decisions are based upon a consideration of whom the program is intended to benefit. Some decisions will seem to benefit both parties. “If people will give us their email addresses,
- [How Not To Handle Unsubscribes](https://www.spamtacular.com/2008/06/24/how-not-to-handle-unsubscribes/) - Laura of Word to the Wise has an excellent post up on How not to handle unsubscribes regarding her experience trying (and failing) to be unsubscribed from Paypal’s lists.1 The only thing she left out was this quote: For example, DMA argued that ‘‘tracking by account information also makes it easier to honor opt-out requests
- [Aol Converting All Fbls To Arf On 9208](https://www.spamtacular.com/2008/06/27/aol-converting-all-fbls-to-arf-on-9208/) - Christine, of the AOL Postmaster Team, tells us that: Beginning on September 2, 2008, AOL will remove the option to create non-ARF FBLs. We will also convert all existing non-ARF loops to ARF loops.1 They have offered the option to have an ARF FBL for a while now. If you’ve been using that option then
- [Texas AG: "That's Not From Me"](https://www.spamtacular.com/2008/07/03/texas-ag-thats-not-from-me/) - There's a new email scam making the rounds. Apparently, someone thinks that the Texas Attorney General is the soothing sort of authority that people will listen to. Attn: [Recipient Name], This is the office of the attorney general of Texas we are using this private email box to contact you for our security reasons because
- [Ameritrade Hack Settlement](https://www.spamtacular.com/2008/07/11/ameritrade-hack-settlement/) - Threat Level reports: A central element to the agreement is a provision giving affected customers a one-year subscription to spam-blocking software. The Trend Micro Internet Security Pro retails for about $70. TD Ameritrade said it struck a deal with Trend Micro to service the settlement agreement for about $6 million, the parties told Walker in
- [Botnets Winning Spam Wars Says Report](https://www.spamtacular.com/2008/07/11/botnets-winning-spam-wars-says-report/) - I found an interesting, if somewhat depressing, article at NetworkWorld: The world’s antispam systems are fighting a furious but hopeless battle against botnet spam, a new threat analysis from Commtouch has claimed. According to the U.S. company’s zombie monitor, by the time that reputation and source analysis systems have identified compromised PCs and servers responsible
- [Sophos 96.5% Of Business Email Is Spam](https://www.spamtacular.com/2008/07/15/sophos-965-of-business-email-is-spam/) - Sophos reports: By June 2008, research reveals that the level of spam had risen to96.5% of all business email. Having risen from a figure of 92.3% in thefirst three months of the year, corporations are now facing the factthat only one in 28 emails is legitimate.1 Footnotes
- [Who Is Your Program For?](https://www.spamtacular.com/2025/01/31/who-is-your-program-for/) - Every email program starts with a decision. It is not about authentication protocols or sending infrastructure or compliance frameworks. The first and most fundamental decision is about purpose. Who is this program meant to benefit? Some decisions appear to benefit everyone involved. "We'll send subscribers product updates and special offers" sounds like a fair exchange.
- [Privacy By Design: Where Trust Meets Technology](https://www.spamtacular.com/2025/01/24/privacy-by-design-where-trust-meets-technology/) - To build effective email privacy infrastructure, prioritize consent management and data minimization through tiered architecture, ensuring compliance and secure data handling from the outset.
- [Spammer Walks Away From Slammer: The Denver Post](https://www.spamtacular.com/2008/07/22/spammer-walks-away-from-slammer-the-denver-post/) - Eddie Davidson escaped a minimum security federal prison in Florence, Colorado.1 Since Florence also houses medium and high security (plus the Administrative Maximium Security or “Supermax”) prisons, I would expect that he might change houses when caught. You can keep up with things (to a very small degree) by watching his Prisoner Locator entry at
- [CAN-SPAM Doesn't Change Our Contract](https://www.spamtacular.com/2008/08/11/can-spam-doesnt-change-our-contract/) - In the article “Give your e-mail marketing new life,” (July 14, page 20), a senior director of ReturnPath is reported to have said that with e-mail databases being populated from multiple sources, “there’s more of a chance that your list contains e-mail addresses of people who haven’t given their express permission to be contacted …”
- [I Had A CAN-SPAM Compliant Dinner Last Night](https://www.spamtacular.com/2008/06/04/i-had-a-can-spam-compliant-dinner-last-night/) - If you’re working in the email space, everything is “CAN-SPAM compliant.” But does it make any sense to say, “I had a CAN-SPAM compliant dinner last night”? No? I didn’t think so either. But what makes an email database “CAN-SPAM compliant?" I came across a press release wherein the company purports to offer “more than
- [Habeas Bye Ku](https://www.spamtacular.com/2008/08/12/habeas-bye-ku/) - ReturnPath shiversEngulfs Habeas1 like springFloats away from us. (See OpinionJournal for an explanation of the “bye-ku.”2 Of course, don’t forget that Habeas started with putting a haiku into the email headers.) Update: Maybe we’ll get a mini round-up of Habeas haiku. Laura at Word to the Wise has one up.3 Steve at Word to the
- [When Should You Use RSS Instead Of Email?](https://www.spamtacular.com/2008/08/18/when-should-you-use-rss-instead-of-email/) - Here’s an interesting read and take on the Randy Cunningham broadside against Yahoo! The thing is, it kind of is spam. I know that it’s not unsolicited and Randy doesn’t share his email lists and he has an unsubscribe link and honours all the unsubscribe requests promptly, but really, why do we need to use
- [Things That Make You Go Hmmmmm](https://www.spamtacular.com/2008/09/09/things-that-make-you-go-hmmmmm/) - Ken Magill has another article up on EmailAppenders.1 I find the “Devin Juan”/”Prakash Kotian” angle interesting. This person is writing to people reporting on the EmailAppenders/Javelin Marketing incident, trying to get articles critical of EmailAppenders removed. The emails quoted in the article are also interesting because they appear to make some accusations that may be
- [Earthlink And The Devil's Spam Filter](https://www.spamtacular.com/2008/08/22/earthlink-and-the-devils-spam-filter/) - Macworld’s Christopher Breen speaks out against unnecessary Challenge/Response: Breaking away from the traditional Q&A format today, I’d like to offer a small piece of advice to Earthlink customers:Earthlink’s spamBlocker is the tool of the devil if it’s not configured properly.1 Footnotes
- [Lessons Learned From Politicians](https://www.spamtacular.com/2008/09/11/lessons-learned-from-politicians/) - B to B has an interesting article: “Election ’08: The candidates’ e-mail errors”1 It lists four mistakes: Signup problems (including Obama’s site’s demand that you contribute!!) Lack of welcome messages Lack of relevance Obama’s list uses CAPTCHA on the unsubscribe page, something that would be illegal for you to do These things are Email Marketing
- [Sending Email To Wireless Domains](https://www.spamtacular.com/2008/09/25/sending-email-to-wireless-domains-2/) - One question that I get asked a lot has to do with sending email to wireless domains. So, I’ll lay out the answer here for all the world to see: No unsolicited messages may be sent to a recipient on a mobile domain for any reason, period. Here’s the general rule from the FCC’s Order
- [Watch What You're Doing](https://www.spamtacular.com/2008/10/14/watch-what-youre-doing/) - Several readers have written to me with a link to the Red Tape Chronicles report that AT&T has been caught tagging its Terms of Service Update Notifications as spam.1 Last month, AT&T made some controversial changes to its Internet policies. Verbiage indicating that high-bandwidth users might experience some intentional slowdowns irritated some techies; another section
- [Make It Easy To Leave](https://www.spamtacular.com/2025/01/17/make-it-easy-to-leave/) - Does placing unsubscribe links behind a login requirement comply with CAN-SPAM? This question deserves scrutiny from both a legal and a practical perspective.
- [A Can Spam Checklist](https://www.spamtacular.com/2009/06/01/a-can-spam-checklist/) - Today we’re going to create a checklist of things required for CAN-SPAM compliance. So, you want to make sure that you actually comply with the CAN-SPAM Act of 2003 and not just say that you do. This post isn’t for you. You might learn something here and if you do, that’s great. But, instead, this
- [Mental Health On Teams](https://www.spamtacular.com/2020/02/06/mental-health-on-teams/) - Did you know that “burnout” is coming to the ICD-11 (due to release in June 2022)? It’s true. Burnout will be recognized as an occupational syndrome resulting from work-related stress. Burn-out is a syndrome conceptualized as resulting from chronic workplace stress that has not been successfully managed. It is characterized by three dimensions: feelings of
- [So What Happened This Week](https://www.spamtacular.com/2009/07/17/so-what-happened-this-week/) - You may have noticed that Spamtacular was down for a few days this week. If you did, you may have wondered what happened. Did Spamtacular close? Obviously not. But since you’re curious enough to have read this far, I’ll lay it all out for you. Even though Spamtacular is run by me personally, the company
- [Use Private Domain Registration And Go To Jail](https://www.spamtacular.com/2009/11/04/use-private-domain-registration-and-go-to-jail-2/) - The 9th Circuit opinion in USA v. Kilbride1 has been released. This is primarily an obscenity case against the defendants for sending pornographic spam email. But, it also includes a challenge to 18 U.S.C. § 1037 on vagueness grounds. 18 U.S.C. § 1037 is the portion of the CAN-SPAM Act that deals with fraud and
- [Love Has A Nasty Habit Of Disappearing Overnight](https://www.spamtacular.com/2009/11/11/love-has-a-nasty-habit-of-disappearing-overnight/) - Following up on yesterday’s blog post on the Beatles’ song “I’m Looking Through You,”1 I’d like to revisit a sort of one-off statement that formed the genesis for that post: And, as I listened to the lyrics, it occurred to me that often marketers forget that relationships are not forever. Looking at client lists and
- [I'm Looking Through You](https://www.spamtacular.com/2009/11/10/im-looking-through-you/) - My birthday was last Saturday and for my birthday I got a copy of Beatles Rock Band for the Wii. One of the songs on that disc is “I’m Looking Through You”1 from the Rubber Soul album. In 1965, Paul McCartney was engaged to Jane Asher, but he wasn’t that happy in his relationship. That
- [The Legal Status Of Feedback Loops](https://www.spamtacular.com/2010/02/12/the-legal-status-of-feedback-loops/) - An interesting question comes in today: “Is it required by law to unsubscribe feedback loop complaints received by senders?” And I call it interesting because it’s a question dealing with legal status and not best practices. So, today’s post gets a caveat: I am not an attorney licensed to practice in any jurisdiction, and so
- [On Hold With Earthlink](https://www.spamtacular.com/2004/05/22/on-hold-with-earthlink/) - It’s been 15 minutes now. Nothing unusual. Getting to this point was really, really hard. I went through seven (7) different phone routing trees before I finally just started hitting 0 and finally got put on hold. I’m not even calling Earthlink technical support because I have a problem with my service (Earthlink provides me
- ["CAN-SPAM Didn't" Survey Says](https://www.spamtacular.com/2004/12/30/can-spam-didnt-survey-says/) - After almost a full year of living under the foresight of the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, a survey by MX Logic cleverly declares that "Can-Spam didn’t."1 According to MX Logic’s home page,2 83.06% of all emails transiting cyberspace now are spam. That’s a lot of spam to clog up
- [Verizon Sues Cell Phone Spammer](https://www.spamtacular.com/2005/11/23/verizon-sues-cell-phone-spammer/) - A couple of months ago, Rodney Joffe won an appellate court decision against a company using SMS text messaging to send spam to his cell phone. Now, Verizon has sued an alleged cell phone spammer. Verizon’s lawsuit against Passport says about one-quarter of the alleged spam messages were sent to sequential sets of phone numbers
- [SEC Suspends Companies In Spam Crackdown](https://www.spamtacular.com/2007/10/04/sec-suspends-companies-in-spam-crackdown/) - Federal regulators on Thursday temporarily suspended the trading in the stock of three companies as part of a crackdown on using junk e-mail to hype stocks.1 The Securities and Exchange Commission has suspended Alliance Transcription Services Inc., Prime Petroleum Group Inc. and TW Christian Inc., which all trade over-the-counter, through Oct. 17. The agency said
- [How Not To Run A Network](https://www.spamtacular.com/2007/11/02/how-not-to-run-a-network/) - A network administrator mismanaged their Spamhaus setup, emphasizing the importance of proper network management and accurate data handling.
- [Permission Granted (But Not For That)](https://www.spamtacular.com/2025/01/15/permission-granted-but-not-for-that/) - Remember when I said that if a product is free, you're probably the actual product?1 The Texas Attorney General just launched a lawsuit showing how that works in practice. In a groundbreaking lawsuit filed January 13th, Texas is taking Allstate and its subsidiary Arity to task for allegedly building "the world's largest driving behavior database"
- [Privacy Law Implementation: From Plan to Production](https://www.spamtacular.com/2025/01/10/privacy-law-implementation-from-plan-to-production/) - That email from your CEO announcing an international expansion changes everything about your privacy program. Suddenly, you're not just dealing with new requirements - you're facing fundamentally different approaches to privacy itself. Success requires more than just updating your privacy notice and hoping for the best. The Privacy Philosophy Problem "Privacy" means different things in
- [Make Sure All of Your Systems Understand Each Other](https://www.spamtacular.com/2025/01/06/make-sure-all-of-your-systems-understand-each-other/) - Most delivery problems in 2025 will not be about servers or IPs but data issues. You know, reputation issues that are caused by not getting permission before sending, not honoring unsubscribe requests quickly enough, or continuing to mail that address that has consistently bounced for the last six months. A surprising number of those happen
- [Spamtraps Are Not The Problem](https://www.spamtacular.com/2020/02/24/spamtraps-are-not-the-problem/) - When you go to the doctor, do you want the doctor to treat your symptoms, or do you want the doctor to give you treatment for whatever disease is causing the symptoms? If you’re like most people, the answer will be, “I want the doctor to treat the disease.” In my line of work, though,
- [What Is A Spamtrap](https://www.spamtacular.com/2020/02/10/what-is-a-spamtrap/) - One of the issues I get to deal with in policy enforcement is handling complaints about customers sending messages to “spamtraps.” This invariably leads to a discussion about what, exactly, is a "spamtrap." There are a lot of different answers out there. For instance, a 2019 blog post at Validity asserts that it is a
- [How To Handle Spamtraps](https://www.spamtacular.com/2020/02/27/how-to-handle-spamtraps/) - So, you’ve discovered that your customer has an issue with spamtraps on a mailing list. What do you do now? As a rule, spamtraps end up on a list due to problems with permission or hygiene. No, that’s not exclusive of other things, nor is it necessarily an indication that policies have been violated. But,
- [Google Scholar](https://www.spamtacular.com/2004/11/24/google-scholar/) - I’m heading out of town shortly for the Thanksgiving holidays, but there’s a new link. Google now has a search for scholarly (that is, “peer-reviewed”) work. http://scholar.google.com/ I know I’ll be going there for information I need that is actually somewhat reliable.
- [Consumers Cautiously Optimistic About The Future](https://www.spamtacular.com/2009/10/22/guest-blog-consumers-cautiously-optimistic-about-the-future/) - Today, we have a guest blog from the Coalition Against Unsolicited Commercial Email (CAUCE). CAUCE has been heavily involved in crafting a worthy anti-spam law in Canada, so I reached out to them to see if they would like like to guest blog here. Neil Schwartzman, CAUCE’s Executive Director, wrote back with the following: Are
- [3 Answers To 3 Questions](https://www.spamtacular.com/2008/10/15/3-answers-to-3-questions/) - This morning, Mark Brownlow asks 3 questions for email deliverability experts:1 If you send your email as multipart/alternative and have a text version with wording that differs significantly from the text used in the HTML version, what are the likely deliverability consequences? None. I don’t think that any of the major filters do comparisons between
- [Beyond Opens: Important Metrics That Drive Results In Email Marketing](https://www.spamtacular.com/2024/05/13/beyond-opens-important-metrics-that-drive-results-in-email-marketing/) - To achieve success, you need to track and analyze key metrics that reveal the effectiveness of your email marketing campaigns. Open rates used to be the go-to standard for tracking message engagement, but things like Apple’s Mail Privacy Protection have hampered its usefulness. Here are seven crucial metrics you should be tracking (beyond opens) to
- [Policy Exists For Business Reasons](https://www.spamtacular.com/2020/03/02/policy-exists-for-business-reasons/) - We live in a politically polarized world. Everyone wants precisely what they want and will only take it as they want it. You only need to look at the 2020 US Elections to see that. The New York Times has an excellent example of that from the left: The movement’s identity is based on being
- [Tulsi Gabbard Performs A Public Service](https://www.spamtacular.com/2020/03/05/tulsi-gabbard-performs-a-public-service/) - In August 2019, the Tulsi Gabbard campaign (“Tulsi Now, Inc.”) sued Google after Google temporarily suspended the campaign’s Adwords account after the first Democratic Presidential Candidate Debates.1 Earlier this week, the judge in the case threw out the lawsuit in a move that should have surprised absolutely no one.2 But, the ruling itself is good
- [Policy At Scale: It Both Is And Is Not About The Customer](https://www.spamtacular.com/2020/03/16/policy-at-scale-it-both-is-and-is-not-about-the-customer/) - There’s an old quote sometimes (mis)attributed to Stalin: “The death of one man is a tragedy, the death of millions is a statistic.”1 The same thing holds regarding policy enforcement: A single customer can be watched carefully, but hundreds or thousands of customers fall to statistics. Mass detection Finding customers violating published policies is almost
- [Policy At Scale: Understanding The Issue](https://www.spamtacular.com/2020/03/09/policy-at-scale-understanding-the-issue/) - One of the more difficult things to consider is how policies scale when talking about sending millions or billions of messages daily. However, being able to scale your policies to fit your business is an important consideration. I generally operate with a rule of thumb that any direct complaint (where the complainant sends an email
- [Enforcement Is Therapeutic](https://www.spamtacular.com/2020/02/03/enforcement-is-therapeutic/) - Policies exist for a reason. For instance, most email service providers have a policy forbidding the use of non-opt-in lists. Those policies exist because of statements like this one: Microsoft prohibits the use of the service in any manner associated with the transmission, distribution, or delivery of any unsolicited bulk or unsolicited commercial e-mail (“spam”). You
- [Policy Practicum: Covid 19](https://www.spamtacular.com/2020/03/16/policy-practicum-covid-19/) - How does general policy change in the face of a known health emergency? It’s a tricky question that can be fraught with pitfalls and emotions. So, this will be the very first of an intermittent series of posts covering the policy implications of things happening in real life. First, a disclaimer I feel the need
- [Policy At Scale: Figuring Reputational Damage](https://www.spamtacular.com/2020/03/19/policy-at-scale-figuring-reputational-damage/) - How important is policy? Policy not only reflects but is also a product of reality. Policies are created as a reflection of what a company wants to do and how it will pursue its business. For some companies, “we will try to get away with doing no more than the law requires.” For others, it
- [Policy At Scale: The Purpose Of A Policy Is Protection](https://www.spamtacular.com/2020/03/12/policy-at-scale-the-purpose-of-a-policy-is-protection/) - The purpose of a written policy is to protect the provider by protecting the customer. Stated policies — primarily written — provide a baseline of expected behavior that other people on the Internet can look toward. So, customers, prospects, recipients, and other providers can see what standards apply to using company resources. The provision of
- [Policy At Scale: What Makes An Actionable Complaint](https://www.spamtacular.com/2020/03/24/policy-at-scale-what-makes-an-actionable-complaint/) - Here’s something that you may not know about abuse desks: they’re busy. The further up the “food chain” that you get, the smaller the relative number of complaints you’ll see, but almost any abuse desk will be dealing with at least several thousand complaints per year. Dealing with complaints, then, is somewhat art and somewhat
- [I'm Still Here](https://www.spamtacular.com/2020/06/29/im-still-here/) - An apology: I haven’t forgotten about the blog, and really haven’t neglected things so much as I’ve been super busy. Since my last post, I have: Overseen the transition of our team’s ticketing queue from one platform to another. Applied to the University of Houston Law Center’s part-time/evening program. (The next time that you are
- [Policy Is Relative](https://www.spamtacular.com/2020/07/06/policy-is-relative/) - Telling stories is a dangerous thing in my line of work. But work cannot get done without telling stories. On the one hand, you want the story to be accurate. Still, several legitimate considerations mean that you can’t be so precise as to allow others to determine who is being referred to. If you are
- [What Is Opt-In?](https://www.spamtacular.com/2020/06/30/what-is-opt-in/) - Like all other reputable email service providers, my employer has an opt-in-based anti-spam policy. This sometimes raises questions about what qualifies as permissible consent under our policy. While we believe that our policy is clear enough, a few weeks ago, I decided to break down some ideas about permission, consent, and opting-in under our policies
- [What Does Your Relationship Look Like](https://www.spamtacular.com/2021/11/15/what-does-your-relationship-look-like/) - Delivering mail successfully is a full-time job for a lot of people. My full-time job is handling complaints about the mail. What do those complaints look like? Well, they fall into a few different buckets: Please unsubscribe me. This is spam. “I’ve asked to be removed from your customer’s list and they just refuse.” “Your
- [Out Of The Mouths Of Babes](https://www.spamtacular.com/2006/12/14/out-of-the-mouths-of-babes/) - I’m one of the fortunate people who gets to make a living doing something that I’m both interested in and that I do well. What people probably don’t know is that my wife and I split school duties with the kids. At 7:30 every morning, I take the kids to school, and every afternoon my
- [No One Wants To Hear 100% Marketing](https://www.spamtacular.com/2010/02/04/no-one-wants-to-hear-100-marketing/) - What is your conversation like with the people you communicate with? I don’t care what they really are. They could be people on Twitter, bloggers, customers/clients, or family members and friends. What is your conversation like with them? There has to be evident value to the things we do, or we quickly get filtered. What
- [Done](https://www.spamtacular.com/2007/05/08/done/) - It is official. I have now graduated from the Master of Science in Computer Information Systems program at Tarleton State University, Central Texas. It took 3 years, but with the help of my family and friends, I’ve persevered and completed the program. The best part is that my GPA went up this time. I graduated
- [Guest Blog C 27 Passes Committee](https://www.spamtacular.com/2009/10/27/guest-blog-c-27-passes-committee/) - Today, we have another guest blog from the Coalition Against Unsolicited Commercial Email (CAUCE). Last night, Neil Schwartzman, CAUCE’s Executive Director, sent me the following update: C-27 Canada’s Electronic Commerce Protection Act passes Committee Review Bill C-27 passed an important milestone on Monday October 26, at 17:30 when it passed clause-by-clause committee review and was
- [Confirm To Unsubscribe](https://www.spamtacular.com/2009/07/21/confirm-to-unsubscribe/) - Question comes in this morning: Hey Mick? Requiring the confirmation of an email address in an unsubscription is not CAN-SPAM compliant, right? That is absolutely correct. The current implementing rules for CAN-SPAM state: Neither a sender nor any person acting on behalf of a sender may require that any recipient pay any fee, provide any
- [Barracuda's "Advertisement-Pop-Ups" Category](https://www.spamtacular.com/2009/01/15/barracudas-advertisement-pop-ups-category/) - This morning I noticed an email asking about a domain being blocked by Barracuda’s Web Filter due to a classification of “advertisement-pop-ups”. The implication of the note was that Barracuda was accusing a particular site of running pop-up advertisements. After doing some research and talking with someone who knows, here’s the skinny: “Advertisement-pop-ups” is a
- [Pottery warriors are standing by...](https://www.spamtacular.com/2009/10/19/pottery-warriors-standing-2/) - …but they’re impotent and broken. On Saturday, I took the kids to the Houston Museum of Natural History to see its exhibit of the famous Chinese Terracotta Army. One of the things that I keep stressing to my kids as we have started homeschooling them is that history is all about the stories, not the
- [Learning From Roomba Style Problem Solving](https://www.spamtacular.com/2024/05/21/learning-from-roomba-style-problem-solving/) - Several months back, I watched my Roomba make a map of the second floor of my house. That process looked like this: Take off in a straight line. Hit an object (like a wall). Back up. Make a random turn. Go back to step 1. It’s surprisingly entertaining to watch. The Roomba seems determined to
- [I Got A Remediation Request From Spamhaus Now What](https://www.spamtacular.com/2024/05/30/i-got-a-remediation-request-from-spamhaus-now-what/) - Today’s big news is the announcement concerning “Operation Endgame.” Operation Endgame is “a coordinated action against some of the most popular cybercrime platforms for delivering ransomware and data-stealing malware.” Brian Krebs, ​‘Operation Endgame’ Hits Malware Delivery Platforms​, Krebs on Security (2024), https://krebsonsecurity.com/2024/05/operation-endgame-hits-malware-delivery-platforms/ (last visited May 30, 2024). This initiative marks a significant effort by international
- [SORBS' Closing Has Been Announced](https://www.spamtacular.com/2024/06/05/sorbs-closing-has-been-announced/) - I’ve heard rumors for a few days that Proofpoint was closing the SORBS (Spam and Open Relay Blocking System) DNSBL. Still, I had not seen any real confirmation until last night, when the list maintainer sent an email to the Mailop mailing list. So, I now feel comfortable posting that SORBS is closing over the
- [Sorbs Closure Imminent](https://www.spamtacular.com/2009/06/22/sorbs-closure-imminent/) - SORBS wasn’t best DNSBL in the world. For instance, they listed all of one ESP’s net space because the maintainer had personal issues with the contact point at the ESP. As I recall, on their explanation of those blocks, they said that they were listing the space and that the contact point “is not an
- [Apple's iOS 18 Mail App: What Marketers Need To Know About The New Tabs](https://www.spamtacular.com/2024/06/10/apples-ios-18-mail-app-what-marketers-need-to-know-about-the-new-tabs/) - Apple’s Worldwide Developers Conference (WWDC) is always a highly anticipated event, with developers, tech enthusiasts, and industry insiders eagerly awaiting announcements about the company’s latest innovations. One significant highlight for marketers is that changes are coming to the Mail app in iOS 18 (expected to drop this fall). A Closer Look at the New Mail
- [Its Important To Reward Good Behavior Deliverability Week](https://www.spamtacular.com/2024/06/17/its-important-to-reward-good-behavior-deliverability-week/) - The year was 1997. I had been married for a few months and had not been out of school for much longer. We had just moved from New Orleans to Austin—without jobs, no less. So, Carol and I spent many hours trying to find work. One day, I returned to our modest apartment and checked
- [Why Data Quality Depends On User Consent](https://www.spamtacular.com/2024/06/19/why-data-quality-depends-on-user-consent/) - Deliverability Week continues, and it’s my turn to make a substantive contribution today. So, I’m pulling together some of my favorite topics: deliverability, privacy, and consent. Enjoy! Data is the lifeblood of a marketer’s world, but its true power lies in its quality. Imagine making important decisions based on inaccurate or incomplete information – that’s
- [Texting Trouble: Privacy Lessons From The Karen Read Case](https://www.spamtacular.com/2024/07/03/texting-trouble-privacy-lessons-from-the-karen-read-case/) - I have been following the Karen Read murder trial, and it has been quite an ordeal. The trial featured some of the worst expert testimony I have ever seen, a medical examiner who refused to call the death in question “a homicide,” poor investigative technique, and even a couple of “gotcha” moments. Massachusetts State Police
- [Cousin Domains Are What Spammers Use](https://www.spamtacular.com/2024/07/10/cousin-domains-are-what-spammers-use/) - In the ever-evolving world of email marketing, businesses continually seek ways to improve their deliverability rates and maintain their sender reputations. One practice that has regained traction recently is using cousin domains to send very low volumes of messages. However, despite its perceived benefits, using cousin domains is a terrible practice that can lead to
- [Forget Me: Handling Data Deletion Requests As A Data Processor](https://www.spamtacular.com/2024/07/17/forget-me-handling-data-deletion-requests-as-a-data-processor/) - People have more control over their personal information than ever before. Regulations like the GDPR (General Data Protection Regulation), CCPA (California Consumer Privacy Act), and even the new TDPSA (Texas Data Privacy and Security Act) grant users the “right to erasure,” also known as the “right to be forgotten.” This means they can request that
- [Plaintiff In Hartley Dismisses Her Case Without Prejudice](https://www.spamtacular.com/2024/08/01/plaintiff-in-hartley-dismisses-her-case-without-prejudice/) - What Happened: On July 17, the judge dismissed the Plaintiff’s case for lack of standing, giving the Plaintiff 21 days to amend the complaint.1 Instead of filing an amended complaint, the Plaintiff dismissed the case entirely but can refile it later.2 Implications of the Dismissal: This dismissal without prejudice means the Plaintiff can refile the
- [Hartley Thrown Out Good News For Permission Bad News For Spammers](https://www.spamtacular.com/2024/07/24/hartley-thrown-out-good-news-for-permission-bad-news-for-spammers/) - Since December 2023, nationwide, around a dozen class action lawsuits have been filed in federal district courts alleging violations of the same Arizona statute.1 At least two cases (Hartley and Mills) have motions to dismiss with Hartley the first to be decided. This post will examine Hartley and its implications.23 What are these cases alleging?
- [Can You Ignore Privacy Data Protection](https://www.spamtacular.com/2024/08/07/can-you-ignore-privacy-data-protection/) - Data has become one of the most valuable assets for businesses. Protecting that data is not just a legal requirement in many places but a crucial aspect of maintaining customer trust, credibility, and profitability. Texas has a new comprehensive privacy and data protection law that covers data brokers and companies not considered small businesses by
- [2011: The Year Where Do Still Do Not Make Contact](https://www.spamtacular.com/2010/12/29/2011-the-year-where-do-still-do-not-make-contact/) - I’ve been working with email for close to 14 years now. Sometimes, those of us who have been in the industry for a while will see something that someone does and point to that as a reason why we will never work ourselves out of a job. Well, now we are to the time of
- [Bigger Is Rarely Better](https://www.spamtacular.com/2024/08/29/bigger-is-rarely-better/) - One of the most common mistakes I’ve seen in email marketing is marketers obsessing over list size — especially at the executive level. The thinking goes like this: “The bigger the list, the more success I’ll have.” While it might seem logical at first glance, this mindset is not just flawed; it can be counterproductive,
- [Legitimate Interest Is Not Just Something You Assert](https://www.spamtacular.com/2024/08/23/legitimate-interest-is-not-just-something-you-assert/) - Over the years, I’ve heard many excuses for not sending permission-based emails. One of the more creative excuses came from a sender in the EU who, with complete confidence, told me: “I don’t need consent! We have a legitimate interest in marketing our products!” The General Data Protection Regulation (GDPR) provides a legal basis for
- [Prior Business Relationships are irrelevant](https://www.spamtacular.com/2008/10/07/prior-business-relationships-are-irrelevant/) - When people don’t want to get permission to send mail, they usually don’t want to do other things as well. For instance, they don’t want to offer a way to unsubscribe. They want to make it easy to start and hard to stop. Unfortunately, CAN-SPAM decrees it should be easy to stop mail. And so
- [Prior Business Relationships Are Irrelevant](https://www.spamtacular.com/2008/10/07/prior-business-relationships-are-irrelevant-2/) - When people don’t want to get permission to send mail, they usually don’t want to do other things as well. For instance, they don’t want to offer a way to unsubscribe. They want to make it easy to start and hard to stop. Unfortunately, CAN-SPAM decrees it should be easy to stop mail. And so
- [BT Transitioning Away From Yahoo! Mail](https://www.spamtacular.com/2014/04/08/bt-transitioning-away-yahoo-mail/) - British Telecom (BT) announced last year that they would be transitioning away from Yahoo! Mail's service for their customers after a decade.1 The concern at the time was over account security. Many BT customers were reporting that they were losing control of the mail accounts being hosted on Yahoo! Mail's service. Now, the time for that transition has
- [If ESPs were like ISPs...](https://www.spamtacular.com/2014/02/12/esps-like-isps/) - Everyone wants to protect users and trap data. As a result, people like to send redacted complaints to email service providers (ESPs). Generally, I'm pretty happy to work with redacted data. I need to be able to tell which client sent mail. I need to be able to tell when they sent the mail (the
- [Proper Assumptions](https://www.spamtacular.com/2014/02/20/proper-assumptions/) - I'm at the Messaging, Malware, & Mobile Anti-Abuse Working Group meeting this week. After all of the sessions on Tuesday were over, I was speaking with a colleague from another company about how I handle some aspects of providing client advice and he suggested that I write that down in a blog post. When dealing
- [Domain Reputation](https://www.spamtacular.com/2014/06/16/domain-reputation/) - The Spamhaus DBL Team is making some change to their Domain Block List.1 The new changes will seek to emphasize domains associated with malware and bots, and allow administrators to more easily filter out entries related to legitimate URL shortening services. If you use the DBL, you should go have a look. If you don't,
- [Nomenclatura](https://www.spamtacular.com/2014/11/07/nomenclatura/) - "Nomenclatura" is a Latin word which refers to the "assigning of names to things."1 It's something that we often overlook, but is very important. The names that we assign to things tell us something about those things and sometimes will also tell us something about ourselves. I'm one of the first people to kind of blow
- [The ISP should be the last of your concerns](https://www.spamtacular.com/2015/02/11/the-isp-should-be-the-last-of-your-concerns-2/) - Hey marketers! Listen up! I'm about to give you the dirty little secret to deliverability. You know those stupid "one simple trick" scams that you see touting weight loss or lower insurance rates? Well, unlike those scams, I have one simple trick that will absolutely improve your deliverability rates. Are you ready? FORGET ABOUT THE
- [What happened to Compu-Finder?](https://www.spamtacular.com/2015/03/05/what-happened-to-compu-finder/) - The Canadian Radio-television and Telecommunications Commission (CRTC) announced today that they have issued their first penalty against someone for sending email in violation of Canada's anti-spam law.1 The penalty is substantial (C$1.1 million, or roughly US$881,700 at today's exchange rate), but isn't anywhere near the C$40 million potential maximum penality. Still, the size of the penalty
- [Did you catch the death of Postini?](https://www.spamtacular.com/2015/06/25/did-you-catch-the-death-of-postini/) - According to Google, all mail stopped flowing through Postini servers on June 15.1 Any Postini clients who had not made the transition by the end of May were supposed to have been forcibly transitioned then. Postini was a traditional trouble spot when it came to deliverability. That shouldn't be the case anymore. Footnotes
- [When systems disagree](https://www.spamtacular.com/2015/07/15/when-systems-disagree/) - A co-worker recently brought to my attention an interesting problem which involves differing ideas concerning precedence between RFC53211 and RFC3463.2 The result of the issue is that mail systems may experience unneeded delay in delivering mail. What's going on? Gmail is returning the following error for over quota accounts: "452 4.2.2 The email account that you tried
- [Looking at a spam stream: The story of Jimmy Walker](https://www.spamtacular.com/2013/11/08/looking-spam-stream-story-jimmy-walker/) - I was recently asked about how to go about proving that someone was not obtaining email addresses in a direct, opt-in manner. The methodology won't surprise you, and if you have been involved in helping problematic clients for a while, the results might not even surprise you. The "someone" at issue was a payday loaner.
- [So tell us how you REALLY feel](https://www.spamtacular.com/2016/02/22/so-tell-us-how-you-really-feel/) - People will sometimes ask me why I hate the Lead Generation (lead gen) and Payday Loan industries. Ultimately, it's because they have such deep problems that I don't think that any self-respecting ESP should take them on as a client. This morning, I saw a press release outlining a settlement between a lead gen operation and
- [About that Gmail "Promotions" tab](https://www.spamtacular.com/2016/04/13/about-that-gmail-promotions-tab/) - It seems that a lot of people still misunderstand what the Gmail promotions tab is and does. How do I know this? Because I still get questions from time-to-time along the lines of "How do we get our mail out from the 'Promotions' tab and back into the inbox?" All that Google has done here
- [It's time to consider non-users](https://www.spamtacular.com/2016/08/23/its-time-to-consider-non-users/) - A joint investigation by the Canadian and Australian governments has released its findings on the 2015 Ashley Madison data breach.1 The resulting report has been released along with another document with takeaways for all organizations.2 I'm still working my way through both documents, but there are some really good bits in there. In particular, though,
- [I am not a spammer – so why have I been blocked?](https://www.spamtacular.com/2012/04/12/guest-blog/) - "I am not a spammer – so why have I been blocked?" Well, as the saying goes, ‘that depends’. In recent weeks, I have certainly experienced a rise in cases of legitimate senders being blocked, notably by the Spamhaus SBL. For those who have so far been insulated from the pain that it such a
- [Your Problems Are Bigger Than You Think](https://www.spamtacular.com/2010/05/06/guest-post-problems-bigger-think/) - A few days ago, I was approached by a delivery consultant. Frustration abounded, and while this person didn’t need my assistance with anything, there was a need for someone to vent at for a few minutes. This person, whom we shall name “Gary” for the purposes of this post, agreed to write up a paraphrase
- [Deliverability History, Habeas Deliverability Settings, And Email Testers](https://www.spamtacular.com/2024/06/18/deliverability-history-habeas-deliverability-settings-and-email-testers/) - Back in the day, when Mickey Chandler and I were both working in deliverability and compliance for ExactTarget (later Salesforce Marketing Cloud), I put together an email testing tool called the Reputation Audit. The genesis of this tool – why I created it – was to rebut Fear, Uncertainty, and Doubt (FUD) that a particular
- [Drafted for the wrong fight](https://www.spamtacular.com/2016/03/08/drafted-for-the-wrong-fight/) - My friend Al Iverson just wrote a new blog post.1 One of the things that he said struck a chord with me: "'But SPF is worthless,' occasionally a spam fighter will cry." It struck a chord with me because SPF wasn't ever really intended to fight spam, per se. While there is perhaps some utility of it
- [TCPA Case Settles](https://www.spamtacular.com/2004/05/07/tcpa-case-settles/) - I haven’t mentioned this in this space before, but in a previous work incarnation I was a legal assistant. I’m not anymore, but I put that training to good use recently. For most of the time that I’ve lived in Gatesville we’ve gotten calls that use a pre-recorded message hawking Dish Network satellite service. By
- [Spam Legitimacy](https://www.spamtacular.com/2004/04/08/spam-legitimacy/) - Kudos to Anne Mitchell for catching the story at: http://www.guardian.co.uk/online/spam/story/0,13427,1187654,00.html While she centers on the portion of the story that occurred at the ISIPP Spam & the Law Conference held this past January in San Francisco (and rightfully so since she did a wonderful job of putting it together), the real story here is the
- [Interview with Al Iverson](https://www.spamtacular.com/2024/02/13/interview-with-al-iverson/) - My good friend Al Iverson did a short interview with me over on his Spam Resource blog.
- [Your Quick Guide To Comcast Email Headers](https://www.spamtacular.com/2024/05/28/your-quick-guide-to-comcast-email-headers/) - Email headers contain vital information about an email message’s origin, routing, and delivery. Knowing how to access email headers is essential to troubleshoot email delivery issues or investigate potential spam. Email headers can provide insights into an email’s path, helping identify issues. For instance, they can reveal if an email was delayed or came from
- [The Spock Trap](https://www.spamtacular.com/2008/04/08/spock-trap/) - I’ll admit it, I’m a policy wonk. I have a bachelors degree in Government. And, I read the Dipnote, the US State Department’s blog. It’s in my non-work blog feeds in Thunderbird. So, sue me. Today, John Matel mentioned “the Spock Trap”: I think we often demand more from information than it has to teach
- [Filters are stupid](https://www.spamtacular.com/2009/11/03/filters-are-stupid/) - Sometimes it bears remembering that many content filters aren’t score-based, but rather string based. Because of this, you may have to more carefully craft your messages to deal with the fact that the filter cannot take context into account. And so, today I wish to share with you three different strings actually seen to have
- [The Eleventh Commandment](https://www.spamtacular.com/2010/02/03/eleventh-commandment-2/) - When you do business with a government agency, at just about any level, you surrender a certain amount of privacy. Whatever you give to the agency is likely going to be subject to so-called “sunshine” laws that go by names like “Freedom of Information” or “Freedom of Access.”1 Recently, some sportsmen have discovered this the hard
- [Can I Help You?](https://www.spamtacular.com/2010/04/21/can-i-help-you/) - I just finished an Emergency Medical Responder course. I’m not a paramedic, I’m not even an EMT, but I am now qualified to stop and give people help until those folks show up. As I reflect on the course, I see some parallels to email marketing. Over the next few days, I’ll be talking about
- [You call it “Appending,” they call it “Epending,” I call it “Evil”](https://www.spamtacular.com/2010/11/01/call-appending-call-epending-call-evil/) - It’s been a long week and you’re relaxing at the local watering hole. Someone comes over and strikes up a conversation with you and the two of you end up spending the next hour together. Nothing happens and you are okay with that. Perhaps they weren’t really your type, but when they asked for your
- [Starting over](https://www.spamtacular.com/2013/09/05/starting-over/) - I recently moved this blog to a new server as I was losing access to the old server (which is a long story best told in person). For some unknown reason, the backup that I created of my site's database didn't include the posts. I'm still not sure why that happened, but this wasn't noticed
- [Make money that's worth it...](https://www.spamtacular.com/2013/12/14/make-money-thats-worth/) - I'm in the midst of putting some old posts back up. That means searching through the Wayback Machine, looking for interesting posts (like many other writers, I think that a lot of what I've put out in the past is drivel), and then copying and pasting it into the blog platform, and then altering the
- [Wherein Zoominfo causes spam](https://www.spamtacular.com/2013/11/18/wherein-zoominfo-causes-spam/) - Zoominfo, DiscoverOrg, and Lead411 are popular lead generation sources. Every once in a while someone comes along and tries to defend the use of crowd sourced list generation services (of which ZoomInfo and Jigsaw seem to be the largest). These systems work by allowing people to download contact information for third parties in exchange for the
- [About Consent Decrees](https://www.spamtacular.com/2024/09/06/about-consent-decrees/) - Last Friday, Aug. 30, 2024, the Federal Trade Commission filed a stipulated lawsuit against Verkada, Inc.1 The FTC makes several allegations in its complaint that range from failure to use appropriate information security practices to protect customers’ and consumers’ personal information collected through the company’s security cameras, making false statements regarding compliance with HIPAA and Privacy
- [Who Drives DMARC?](https://www.spamtacular.com/2016/06/23/who-drives-dmarc/) - Every time that someone comes up with a new way to talking about mail back channels it gets just a little more complex. First, we had SPF. That was a relatively easy thing. Add a text record to DNS that says where your mail is coming from and you're set. You even had options to
- [2025 Email: Get Rid of the Training Wheels](https://www.spamtacular.com/2024/12/13/2025-email-get-rid-of-the-training-wheels/) - Email authentication solves a fundamental problem: proving that messages actually come from who they claim to come from. As we move into 2025, this isn’t just about slapping some DNS records in place and calling it done – it’s about making certain that all of the pieces of your protection scheme are flawlessly working together.
- [Privacy Notices That Work: Beyond Wall Art for Your Website](https://www.spamtacular.com/2024/12/20/privacy-notices-that-work-beyond-wall-art-for-your-website/) - Most privacy notices live in the dusty corners of websites, forgotten until a lawyer or auditor comes asking questions. They're often copied from competitors, filled with promises about data practices that no one has actually verified, and treated more like regulatory checkboxes than operational documents. The Problem With Privacy Notices Most privacy notices are like
- [Help Me See If There Is A Need For That I Can Fill](https://www.spamtacular.com/2024/09/23/help-me-see-if-there-is-a-need-for-that-i-can-fill/) - Recently, I spoke with a prospect, and after some discussion, we realized they didn’t need the type of ongoing consulting services that I usually provide. Instead, they need more of a quarterly check-in to stay updated on changes in email deliverability, privacy laws, and industry trends. This got me thinking: Are there more of you
- [CASL Loophole?](https://www.spamtacular.com/2013/12/09/casl-loophole/) - In looking at the new regulatory framework for CASL which was just released late on Tuesday of last week by [acp title="CASL81000-2-175 (SOR/DORS)" author="Industry Canada" media="website" year="2013" month="December" day="3" id="IC_CASL-01" url="http://fightspam.gc.ca/eic/site/030.nsf/eng/00273.html"]{author}[/acp], I noticed a this bit: 3. Section 6 of the Act does not apply to a commercial electronic message... (f) if the person who sends
- [Don't opt-out of spam?](https://www.spamtacular.com/2013/11/19/dont-opt-spam/) - Yesterday, [acp author="Laura Atkins" media="blog" title="Don’t unsubscribe from spam!!" id="Atkins-01" url="http://blog.wordtothewise.com/2013/11/dont-unsubscribe-from-spam/" month="November" day="18" year="2013"]{author}[/acp] wrote a blog post which suggests that unsubscribing from spam doesn't result in receiving more spam. I know that this is a project that she's been working on for at least a month, and I don't have any reason to doubt
- [Sending email to wireless domains?](https://www.spamtacular.com/2008/09/25/sending-email-to-wireless-domains/) - One question that I get asked a lot has to do with sending email to wireless domains. So, I’ll lay out the answer here for all the world to see: No unsolicited messages may be sent to a recipient on a mobile domain for any reason, period. Here’s the general rule from the FCC’s Order
- [Use Private Domain Registration and Go to Jail?](https://www.spamtacular.com/2009/11/04/use-private-domain-registration-and-go-to-jail/) - The 9th Circuit opinion in [acp author="9th Circuit Court of Appeals" url="http://scholar.google.com/scholar_case?q=us+v+kilbride&hl=en&as_sdt=6,44&case=17927549797826193178&scilh=0" title="USA v. Kilbride" year="2009" month="October" day="28" media="website" publisher="Google Scholar"]{title}, (9th Cir., {year})[/acp] has been released. This is primarily an obscenity case against the defendants for sending pornographic spam email. But, it also includes a challenge to 18 U.S.C. § 1037 on vagueness grounds.
- [Barry Speaks: We won’t shut-up and eat your spam](https://www.spamtacular.com/2009/12/12/barry-speaks-we-wont-shut-up-and-eat-your-spam/) - Today we have a guest post from the ever popular [acp author="Al Iverson" id="Iverson-03" title="Too much contact" url="http://www.spamresource.com/2009/10/too-much-contact.html" media="blog" year="2009" month="October" day="7"]Barry[/acp]. Barry is overworked and underpaid, and wants to get the word out: I’ve been hearing a lot of chatter about how ESPs think the ISPs should just shut up and eat their spam.
- [Asking for the Impossible: Send Rates](https://www.spamtacular.com/2010/05/13/asking-for-the-impossible-send-rates/) - Today’s is the third in a series of posts on contractual terms that clients want to try to get, but usually will be unable to get due to the harsh impact of reality. Thus far, we have considered [acp author="Mickey Chandler" id="Chandler-02" media="blog" url="http://www.spamtacular.com/2010/05/11/asking-for-the-impossible-slas/" title="Asking for the impossible: SLAs" year="2010" month="May" day="11"]Delivery Service Level Agreements[/acp]
- [List Rental Is...](https://www.spamtacular.com/2009/07/28/list-rental/) - [acp author="Peter Roebuck" url="http://blog.wordtothewise.com/2009/07/another-list-purchase-horror-story/comment-page-1/#comment-38788" year="2009" month="July" day="24" media="blog" title="Blog comment" id="Roebuck-01"]{author}[/acp] of AllWEBeMail (a division of All Web Promotion, Inc.) recently left a comment on Laura Atkins’ blog: rented email addresses, if done properly, should be no different from renting physical mailing addresses. With over 25 years in direct mail catalog experience, we know that
- ["Forward to a Friend" and Germany](https://www.spamtacular.com/2013/11/27/forward-friend-germany/) - Lots of folks have been talking recently about a September [acp author="Federal Court" title="Judgment of the First Civil Senate of 12.09.2013 - I ZR 208/12" year="2013" month="September" day="12" id="GFC-01" url="http://juris.bundesgerichtshof.de/cgi-bin/rechtsprechung/document.py?Gericht=bgh&Art=en&Datum=2013-9&Seite=5&nr=65732&pos=170&anz=263"]German Federal Court ruling[/acp][acp footnote]I found an HTML version that I could run through Google Translate here.[/acp] that "emails sent using a 'send to a friend' function
- [Deliverability Relationship Marketing](https://www.spamtacular.com/2013/09/13/deliverability-relationship-marketing/) - A [acp author="Lauren King" url="http://www.delivra.com/blog/lauren-king/preview-the-great-deliverability-myth" day="6" month="September" year="2013" media="blog" title="Preview: The Great Deliverability Myth" id="Delivera-01"]teaser[/acp] for a Delivera whitepaper by Ken Magill provided [acp author="Laura Atkins" id="Atkins-02" url="http://blog.wordtothewise.com/2013/09/isp-relationships/" title="ISP Relationships" media="blog" day="11" month="September" year="2013"] blog fodder for {author}[/acp] over at Word to the Wise. Ken's premise, with which Laura agrees, is that ESPs which start
- [“The recession has forced us to drop this etiquette.”](https://www.spamtacular.com/2010/02/22/the-recession-has-forced-us-to-drop-this-etiquette/) - semantics definition se·man·tics (-tiks) noun the branch of linguistics concerned with the nature, the structure, and the development and changes of the meanings of speech forms, or with contextual meaning semiotics the branch of semiotics dealing with relationships of signs and symbols to the things to which they refer, or with referential meaning the relationships
- [Spammer escapes slammer (Updated)](https://www.spamtacular.com/2013/12/28/spammer-escapes-slammer/) - The Lompoc Record is reporting that Jeffery Kilbride has escaped from the minimum security federal lockup. Kilbride was convicted in 2007 of offenses primarily related to the CAN-SPAM Act. Among the things that were apparently included was an allegation that Kilbride and his partner had impaired the ability to track them down by using false
- [An average email user responds](https://www.spamtacular.com/2010/11/17/average-email-user-responds/) - As I mentioned in my last post, I asked my dad to have a look at [acp author="Gretchen Scheiman" publisher="MediaPost Email Insider" title="Does Permission Need To Be Explicit?" url="http://www.mediapost.com/publications/article/139590/" month="November" day="16" year="2010"]{author}’s article, "{title}"[/acp]. My dad is a baby boomer and I think is a relatively normal email user. He does not know (nor does
- [The hard truth about email](https://www.spamtacular.com/2009/11/30/the-hard-truth-about-email/) - Many clients expect email to be sort of an automatic thing. The thinking is “I should hit ‘Send’ and it should arrive within moments.” So, sometimes those of us who work in email hear comments like the following: I understand that these delays may not be your fault, but we can’t have delays. and: It’s
- [Quotable Quotes](https://www.spamtacular.com/2009/06/16/quotable-quotes/) - Seen in a tweet: “Think about why you open an email in your inbox. Consider that when creating your next email campaign, would you open your email?” That’s a great question: Would you bother to open your own mail if you had a choice, or would you toss it out with the rest of your
- [Something that authentication can’t help](https://www.spamtacular.com/2009/10/09/something-that-authentication-cant-help/) - The email said, “Our last mailing had 30 complaints at AOL. Will signing with DKIM and SPF help with our reputation there?” In some ways, that is a fair question. We do talk about reputation a lot and how authentication ties into that. But, really, this is something that authentication can’t help because, for all
- [Video in email](https://www.spamtacular.com/2009/01/13/video-email/) - I am asked about embedding Flash or Windows Media files in email on a fairly regular basis. I always advise against it. It never seems to deliver well and it also suffers from degradation in service. That is to say that it doesn’t seem to get where you want it as often, and when it
- [When web experts opine about email…](https://www.spamtacular.com/2009/05/30/web-experts-opine-email/) - you get incredibly dumb statements like this one: Like promotional e-mail, transactional e-mail by nature bypasses search engines. Uh? What? My car also by nature bypasses search engines (although it does, in fact, have an engine of its own, thus providing at least as much linkage to search engines as transactional email has). Maria Krueger is
- [IP relisted despite no more mail being sent](https://www.spamtacular.com/2009/06/25/ip-relisted-despite-no-more-mail-being-sent/) - On June 6, 2009, a client sent a mailing. After it was sent, their (static, only-used-by-them) IP was listed by a particular list that is generated by the creator of a large, well-known anti-spam appliance and seems to be used by default in that appliance. I didn’t notice the issue until I started checking all
- [Listen to your unsubscribers](https://www.spamtacular.com/2009/07/30/listen-to-your-unsubscribers/) - When was the last time that you took a good, long listen to the people who are asking you to stop sending them email? If your ESP doesn’t provide an opportunity for your unhappy subscribers, you should ask them to create one. Your now former subscribers have a story to tell that can help you
- [The Email Marketer’s Syllogism](https://www.spamtacular.com/2009/07/10/the-email-marketers-syllogism/) - I get to see a number of things on a daily basis which indicate that people may not have the best ideas when it comes to understanding how engaged their subscribers are. One such example reads: There are tens of thousands of people in our database with whom we communicate and who clearly want to
- [Why Does All of This Matter?](https://www.spamtacular.com/2012/06/22/why-does-all-of-this-matter/) - Sometimes, you just want to beat your head against your desk, put your head in your hands and cry, and then beat your head against the wall. I’m kind of at that point at the moment. Why? “Probably,” as Jack Handy once said about the reason why raindrops would be God’s tears, “because of something
- [Ten Business Days Doesn’t Help](https://www.spamtacular.com/2013/05/10/ten-business-days-doesnt-help/) - I unsubscribed from a mailing list recently. When I did, I was confronted with the following message: We’re sorry to see you go. You should be aware that it could take up to ten business days to completely remove your address from our lists. That’s a pretty standard disclaimer that complies with the time limits
- [Confirm to unsubscribe?](https://www.spamtacular.com/2009/07/21/confirm-unsubscribe/) - Question comes in this morning: Hey Mick? Requiring the confirmation of an email address in an unsubscription is not CAN-SPAM compliant, right? That is absolutely correct. The current implementing rules for CAN-SPAM state: Neither a sender nor any person acting on behalf of a sender may require that any recipient pay any fee, provide any
- [When is a press release an advertisement?](https://www.spamtacular.com/2010/03/03/press-release-advertisement/) - One of the first things I learned when I became a legal assistant is that there are rarely any pat answers. A blanket assertion is almost always wrong. (Did you see the attorney-like weasel wording there?) There has been an interesting discussion on Twitter today regarding a February [acp author="Michael Arrington" publisher="Techcrunch" year="2010" month="February" day="19"
- [Email is about relationships](https://www.spamtacular.com/2009/03/08/email-relationships/) - Did you know that it’s entirely possible to learn the wrong lessons? Well, it is. I use Zemanta to suggest possible links for blog posts. As I was writing yesterday’s blog post, a suggested link came up dealing with CAN-SPAM and the definition of “spam”. That post by [acp author="Roger Bauer" media="blog" day="9" month="December" year="2009"
- [Canada's anti-spam law: Does it apply to me?](https://www.spamtacular.com/2011/03/30/canadas-anti-spam-law-apply/) - Lots of time and space has been dedicated to an examination of Canada’s new anti-spam law. And we have been watching it too. For a general overview of the law, I would suggest reading [acp author="Al Iverson" day="17" month="December" year="2010" url="http://www.exacttarget.com/blog/canadas-anti-spam-bill-c-28-becomes-law/" media="blog" publisher="ExactTarget" title="Canada’s Anti-Spam Bill (C-28) Becomes Law"]{author}'s {publisher} blog post[/acp] about it. Today,
- [Inertia Is Not Email Marketing](https://www.spamtacular.com/2010/07/01/inertia-is-not-email-marketing/) - The people over at AlchemyWorx put out an article today with this title: “Getting real about inactive subscribers.” About all that I can say about it is that it is a “feel good” article. The entire point of the post seems to be to help email marketers feel good about inertia. Why should they feel
- [Bad Advice](https://www.spamtacular.com/2008/10/20/bad-advice/) - The hallmark of bad advice is the “there are very clear guideline” statement which appears without an actual reference to the “very clear guideline”. A great example of this is an Email Insider article entitled: “[acp id="MediaPost-01" author="Jamie Schissler" media="blog" publisher="MediaPost" url="http://www.mediapost.com/publications/article/93012/transactional-email.html" year="2008" month="October" day="20" title="Transactional Email"]{title}[/acp].” CAN-SPAM. There are very clear guidelines on how much
- [Asking for the impossible: SLAs](https://www.spamtacular.com/2010/05/11/asking-for-the-impossible-slas/) - Just a few days ago, I wrote that I cannot give a guarantee that an intervention on my part will get you removed from a DNSBL. Why? Because I won’t agree to terms that will bind me to making someone use do something. I figured that I would follow that up by looking at some
- [Asking for the impossible: Inbox Guarantees](https://www.spamtacular.com/2010/05/12/asking-for-the-impossible-inbox-guarantees/) - Yesterday, we had a look at Delivery SLAs as a contract term that you are unlikely to get out of an email service provider. Closely linked with the Delivery SLA is the Inbox SLA, more commonly referred to as the Inbox Guarantee. This is a contractual term that many people try to impose upon an
- [I Can't Give You What You Want](https://www.spamtacular.com/2010/05/04/i-cant-give-you-what-you-want/) - Yesterday, I was talking with a potential client about engaging my services. The prospect asked for a guarantee of results with regard to a smallish blocking list, and left the telephone call unhappy because I would not do that. The reason that I, and indeed ANY email delivery consultant, cannot guarantee results seems obvious to
- [The Problem Might Not Be What You Think](https://www.spamtacular.com/2010/04/22/the-problem-might-not-be-what-you-think/) - Today is the second day on some lessons email marketers can apply from learning some basic emergency medicine. Today’s lesson deals with squeaky wheels, grease, and problem diagnosis. My sister-in-law is a nurse. She spent several years as a ER nurse and sometimes takes part in emergency preparedness drills at our local hospital. Once, a
- [Are appended lists really purchased lists?](https://www.spamtacular.com/2011/01/20/appended-lists-really-purchased-lists/) - Earlier today I asked a couple of questions on Twitter: "How does one go about transferring permission?" "Why do marketers buy 'opt-in' lists?" The first question did not get many answers. The consensus of those who took the time to respond was that permission might be transferred in an assets purchase. Beyond that, it would
- [Partial bulking & other warning shots](https://www.spamtacular.com/2011/03/23/partial-bulking-warning-shots/) - This morning, I got a question about some, but not all, of a mailing going into the bulk folder at a large ISP. “What does it mean when they do that? What should we do?” Most folks seem to think that sending mail to the bulk folder is an “all or nothing” proposition. They know
- [The difference between triage and planning](https://www.spamtacular.com/2011/09/27/difference-triage-planning/) - I read an interesting post by [acp author="Andrew Kordek" media="blog" title="Retention Programs Start With Defining An Inactive" url="http://www.trendlineinteractive.com/2011/09/retention-programs-start-with-defining-an-inactive/" year="2011" month="September" day="27" publisher="Trendline Interactive" id="Kordek-01"] {author} at {publisher}[/acp] this morning. It’s premise is that “Organizations need to do a better job at defining an inactive.” And the fact is, he’s right. I also think that this
- [Bigger Is Not Always Better](https://www.spamtacular.com/2010/11/09/bigger-always-better/) - Delivery professionals have been telling clients for years that a bigger list is not always a better list. We have been telling people that mailing people for sake of mailing people is not a winning strategy. And, we have been advocating mailing to engaged subscribers while letting the dead wood fall away. And for years
- [Number 11 is a nice place to be](https://www.spamtacular.com/2011/03/15/number-11-nice-place/) - Sometimes we can get too close to something. So close, in fact, that we take comments the wrong way so that they become insults that they were never intended to be. A couple of years ago, a member of the postmaster staff at a large, North American ISP said to a group of ESP people:

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