On 26 Dec 2017, at 15:04 (-0500), Anne P. Mitchell Esq. wrote:

Bill, thank you for this excellent explanation, and for the kind words!

I'm glad you didn't find anything glaringly incorrect or derogatory about my external-view explanation. And of course I stand by every kind word.

[...]
However, the different responses from IADB are VERY nuanced and the two strongest rules you listed (RCVD_IN_IADB_OPTIN and RCVD_IN_IADB_VOUCHED) are essentially "good intentions" markers. Due to unfortunate terminology choices by ISIPP and a willingness to engage in nuance and estimate intentions, those aren't really as worthwhile as they might seem.

Hey Bill - can you please elaborate on the terminology choices which you see as unfortunate?

You know I'm a bomb-throwing radical... :)

I don't like calling unconfirmed opt-in simply "opt-in" because without a confirmation exchange, it can be de facto opt-out. It is hard for people who haven't been the target of massive subscription bombings to appreciate how pernicious the lack of confirmation can be.

We are *always* open to input. Where we say "opt-in" we mean exactly that - single opt-in; if someone didn't ask for the email not only would we call that "opt-out", but we would not certify that sender's email.

[Skipping a pointless tirade on the obfuscatory "single" vs. "double" jargon: that battle is long lost.]

The problem: unconfirmed opt-in mail is usually mostly opt-in but is definitely occasionally de facto opt-out. "100% opt-in" asserts a certainty that isn't possible without a confirmation step. You know this, or you wouldn't differentiate between unconfirmed and confirmed opt-in.

And if one of our senders is sending spam where they claim that all of their mailings are 100% opt-in (at least) we want to know, because...whack!

Side-stepping the eternal "define spam" trap, I have no doubt that you are willing to whack spammers. That's why I have never reported the chronic MailChimp & SendGrid (both shown as SuretyMail customers on the website) spamming of addresses that absolutely, positively, NEVER opted in to anything. Their business models force them to trust customers to some degree about address provenance and gullible customers may not grasp that they cannot buy "opt-in" lists. I'm pretty sure that some of the folks who spammed my unpublished, never-opted-in former work address (plus a small fixed set of my colleagues) via those ESP's had no idea that they were in possession of a list generated by spyware or pure guesswork. I'd guess that the original creator of that list claimed it was a 100% safe-to-mail opt-in list of qualified IT management sales leads and sold it on that false premise.

Should SendGrid or MailChimp have had their ISIPP SuretyMail accounts whacked because each had multiple gullible customers who trusted a list vendor? I think the answer is "no" because in all of those cases, the evidence implies that the ESPs were acting quickly and effectively on spam reports. Would you kick the ESPs out if I'd reported them? Probably not after 1 incident but maybe after a few dozen in a quarter. The IADB responses for the MailChimp IP that started this thread seem accurate to the extent possible given the epistemology of consent and provenance. I think that sort of policy & practice transparency is a good thing. It is a good thing that a nuanced and trustworthy description of their policy & practice is available, even if it requires an understanding of the limits of what an ESP can actually know about a list they did not generate.

Seriously, we are always open to feedback, and if a change in terminology is warranted we have no problem doing that (we also are happy to create a custom zone based on whatever the receiver wants for those who would like zones with highly specific profiles of the IPs therein - some receivers do that because they can't take advantage of the granularity of the data in our zones (although that is not the case for SA...in fact our data response codes were *specifically* created for SA because SA *can* take advantage of that level of granularity)).

As much as I dislike the single/double wording and the use of '100% opt-in' for mechanisms that are highly fallible, I am not sure that switching to better wording would be a good idea at this point. The sunset for establishing more precisely correct jargon for email consent was probably in 2003 or so.


--
Bill Cole
b...@scconsult.com or billc...@apache.org
(AKA @grumpybozo and many *@billmail.scconsult.com addresses)
Currently Seeking Steady Work: https://linkedin.com/in/billcole

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