On 6/13/16 12:45 AM, Suresh Ramasubramanian wrote:
Now you’re arguing legal contracts here - that vendor has a legal contract with
whoever this spammer is. While they can terminate the account in question,
they certainly can’t expose any customer data to you.
In the US, they aren't under legal obligation to do so, which seems to
vary from some laws elsewhere.
However, if the ESP is claiming to be white-hat and only send mail where
permission exists, one would think that they would share it freely and
include a clause in their customer terms and conditions that their
customer's identity would be released to a recipient on request.
Scenario 1:
Victim to ESP: I got this spam from your IP and have no idea why. It
touts some product, but all of the links are tracking bugs that point
back to you. Where did you get my address and on whose behalf did you
send it?
ESP to victim: None of your business, but our customer said that they
have your permission and we trust them more than we trust you. Besides,
they are the one paying us and you're not. Shut up and eat your spam.
Victim to ESP: Well I don't think they do have permission, and I'd like
to ask them to stop contacting me. Seeing as you've hidden the actual
sender via tracked links that just point back to you, I have no way of
verifying if it's legitimate.
ESP to victim: We're not telling. So sue me. If you ask really nicely
we'll listwash you, but just for this one customer and we're not telling
you who it is.
Scenario 2:
Victim to ESP: I got this spam from your IP and have no idea why. It
touts some product, but all of the links are tracking bugs that point
back to you. Where did you get my address and on whose behalf did you
send it?
ESP to victim: That mail was sent on behalf of ABC Company, and you can
contact them [here]. We don't tolerate spammers, and our customer
contracts require openness so these issues can be resolved. Attached is
a PDF of their signed statement where they certify that they have your
permission and agree that we may release their identity on demand.
***
Why would a legitimate ESP insist on hiding the identity of its
customers from their victims? Isn't the point of bona-fide
permission-based bulk mail to build that relationship with the ESP a
transparent background entity? What legitimate company sends bulk
permission-based mail anonymously?
IMNSHO, if you send bulk promotional mail, and it generates complaints,
and you shield the identity of the sender from the recipient, you aren't
an ESP. You're a spammer-for-hire.
--
Jay Hennigan - CCIE #7880 - Network Engineering - [email protected]
Impulse Internet Service - http://www.impulse.net/
Your local telephone and internet company - 805 884-6323 - WB6RDV
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