----- Original Message ----- 
From: "Declan McCullagh"
To: <[email protected]>
Sent: Monday, February 05, 2007 4:38 PM
Subject: [Politech] Libertarian group
"Downsize DC" gets blacklisted by
AOL[fs]


: Jim Babka, the president of the
Downsize DC Foundation, added this to
: the below blog entry in email today:
:
: "The last couple of weeks have been a
nightmare. Why? Because America
: Online (AOL) has blacklisted us.
: The result, in actual AOL addresses
and related fall-out (like
: through Netscape addresses, which AOL
owns as well) has been a loss
: of roughly 3,000 subscribers. But
there's a real possibility the
: actual damage is closer to 5,000, or
possibly even 6,000 subscribers.
: On top of that, anyone attempting to
sign up with our system using an
: AOL or AOL-related address couldn't
confirm their registration. That
: means they didn't get subscribed to
our list at all.
: If we can get this problem fixed, we
can resubscribe those that we
: lost who were already on the list. We
still have their addresses. But
: the ones that couldn't be confirmed
last month, well, they are likely
: lost forever. In fact, they probably
left thinking we were
: incompetent."
:
: Note this doesn't seem the same thing
as what we talked about last month
: -- in this case, a legitimate
organization has a temporary security
: hiccup and, months later, is still
blacklisted.
:
: Obviously AOL has the right to set
whatever policies it likes regarding
: its mail servers. The question at hand
is whether AOL went too far here.
:
: -Declan
:
: ---
:
:
http://www.downsizedc.org/blog/2007/feb/05/whipped_by_aol
:
: NOTE: This blog entry is a supplement
to our February 5
: Downsizer-Dispatch message which can
be found above (the Dispatch will
: be posted after this entry so we can't
link to it here).
:
: In an earlier blog item in November we
told you how a hacker attacked a
: minor vulnerability in our
"Tell-a-friend" mechanism. It was fixed
: almost instantly. We won't rehash that
story. You can read it for yourself.
:
: We've been blacklisted by AOL. All we
were told was that we had a
: "compromised script." We don't know
the specific nature of the
: compromised script, but the November
Tell-a-friend hack was our first
: appearance on the AOL blacklist and
we've had problems with that company
: ever since. We've been in a kind of
"off and on" situation with them -- 
: more off than on -- but it was mostly
a minor, occasional annoyance.
: Each time that we would end up on the
list, we'd wait 24 to 36 hours,
: and the problem would go away.
:
: That ceased to be the case, starting
in about mid-January. Now we're
: just plain "on" the AOL blacklist, and
we're having a very hard time
: getting off!
:
: To make matters worse, due to a
technical mistake on AOL's part, no
: "trouble ticket" was filed on our
problem until Thursday. It took
: considerable follow-up just to get
that far. And, work order or no, the
: problem still isn't corrected.
:
: AOL has been insistent that we didn't
have a reverse DNS address on our
: server. Spammers frequently do not
have a proper reverse DNS, and having
: both a forward and reverse DNS that
agree is one way ISPs can ensure
: that there's no email forgery going
on.
:
: The problem was, AOL was wrong. We've
had a reverse DNS all along. And
: our server sits on U.S. soil. It
didn't require rocket science for AOL
: to find our reverse DNS, but find it
they could not. So they claim.
:
: Worse still, it took repeated attempts
to actually get to the point
: where we knew that AOL's supposed
problem was that we supposedly didn't
: have a reverse DNS. Then, our
programmer had one of those
conversations
: that goes like this:
:
: AOL: We can't help you because you
don't have a reverse DNS.
: DownsizeDC: We've got a reverse DNS.
: AOL: We show that you don't have a
reverse DNS.
: DownsizeDC: Really, we've got one.
: AOL: We can't do anything to help you
until you have one.
: DownsizeDC: It's been there all along.
: AOL: Well, we'll try to find it. But
until then, we can't do anything.
:
: We were really in an "Alice in
Wonderland" situation. It seemed like we
: couldn't get a "trouble ticket" issued
for an allegedly "compromised
: script," because AOL said we didn't
have a reverse DNS, even though we
: did have a reverse DNS. It was like
trying to convince someone they have
: an elephant in their living room when
they won't even turn around to
: look where the elephant is standing.
:
: All we could do was ask them to please
notice that we really did have a
: reverse DNS after all, and then wait.
And wait, and wait. As follow-up
: our programmer sent 2 messages to
their DNS department, but got no reply.
:
: We didn't know they had finally found
our reverse DNS until our
: programmer called their postmaster
again this past Thursday.
:
: But it still required that call to get
our trouble ticket filed so the
: appropriate staff would remove us from
the blacklist. They may have
: found the reverse DNS the day before,
but that didn't mean our work
: order was filed. We were told it would
take one or two business days to
: correct.
:
: As of today (Monday) we're being told
at least 24 more hours. Given the
: delays up to this point, who knows if
that's accurate?
:
: It's worthwhile to note that we've
applied for the AOL white list three
: times and each time we were rejected.
We just learned that we must have
: 30 days of clean mailing history. As
you can tell, since November 13,
: we've not qualified.
:
: On top of that, after this most recent
blacklisting, our programmer set
: up a "feedback loop" with AOL. That's
a recommended procedure. However,
: another ISP manager we spoke to said
he has one of these for his company
: as well, but has found it to be
"useless."
:
: So the problem appears to be deeper.
We think the reason for that is
: that AOL has made a very bad
institutional decision and is apparently
: incompetent to correct the damage they
impose on others.
:
: Metaphorically speaking, somewhere
along the way, someone at AOL decided
: that their customers want the mail
delivery person to read all of their
: mail, sift out the stuff they wouldn't
be interested in, and deliver the
: rest. Internet Service Providers
(ISP -- i.e., like AOL, Earthlink, Road
: Runner, Comcast, and our friends at
FBS.net) are really just mail
: delivery pipelines -- a virtual postal
delivery service of sorts, and
: all ISPs have different policies about
how to deal with spam. AOL's spam
: policy is bad.
:
: I can only imagine the howls of
consternation if the U.S. Postal service
: started going through our snail mail
the same way AOL does! Imagine not
: getting a lot of your mail, and
sometimes none of your mail, because the
: USPS decides its junk. Well, that's
what AOL does a lot of the time.
:
: Now, I hate spam as much as the next
guy. I get roughly 350 spam
: messages a day (no joke), and as the
CEO of an upstart non-profit I
: don't have any money to invest in a
hot trade, a rare ground-floor
: opportunity, or a precious commodity.
Plus, my penis works just fine,
: thank you very much. It's nice to have
my ISP sorting some of this junk
: out of the mix, but AOL's approach to
this problem is ham-handed.
:
: I've talked with an ISP manager who
explained to me that a spam
: filtering program is a must if an ISP
wants to be competitive in today's
: market, but how an ISP provides this
service is really important.
:
: Here's a way to think about it: Our
justice system is built on the
: presumption of innocence.
Theoretically, we'd rather let nine
guilty men
: go free than unjustly convict and
punish one innocent man. Not all
: governments work this way, but we're
all grateful that ours does (at
: least in principle).
:
: Similarly, not all ISPs work on the
presumption of innocence. Some do.
: The ISP manager I spoke about above
says that his company grabs "obvious
: spam," but if there's any question,
they let it through so the customer
: can decide. That way, his customers
don't miss email they want or need.
: His company presumes that email sent
by a list owner is innocent until
: it is proven guilty. This approach
reduces the spam volume
: significantly, but not completely.
This approach also makes it more
: likely that customers will get nearly
all of the email they actually
: want to receive.
:
: But in AOL's world, email from a list
manager is presumed guilty of
: being spam for the slightest of
reasons. If AOL gets so much as one
: complaint, AOL assumes guilt and
renders a death sentence.
:
: AOL doesn't want the inconvenience of
even a single spam complaint (like
: it's their fault). And if AOL
customers don't get the email they want,
: frequently they don't even realize it.
This policy probably keeps AOL's
: call center and postmaster less busy,
and AOL customers may even brag to
: others about how little spam they get,
which is good word-of-mouth
: advertising for the company.
:
: But I can pretty much guarantee you
that AOL customers are also not
: getting a lot of email they actually
want, including the Downsizer-Dispatch.
:
: Frankly, I think AOL should be fed to
Darwin's machine. They need to
: adapt or perish. This is a terrible
and costly business decision AOL has
: made. It's cost us a lot, and it
should cost AOL too. I've never taken a
: public position about the existence of
a company before, but if AOL
: cannot fix this problem, then I look
forward to the day they fold. I may
: even dance a jig when it happens.
:
: The way we can make AOL bear the cost
for their stupid policy to tell
: OUR customers how AOL is handling
their email. And that will be our next
: step.
:
: Other action is also being considered.
:
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