I never asked to be sent this stuff. But I recognize that when I give out my business card or contact info, there’s an implicit understanding that I’m going to get sent newsletters and other collateral unless I specifically say “don’t send me stuff” — and it works in both diections. That may not be proper according to some sources, but it seems to be the way business is run in the real world.

It’s nice, actually. I’m enjoying the newsletters people are sending me, and in the two cases where I didn’t see an immediate need, I just set up an email filter so I won’t see these newsletters until I get around to it, or just decide to delete them.

Happy holidays, y’all.

Now, Pete. As for GoDaddy, it may have been a minor point. Fine. But I felt I’d already dealt with your main point in my post when I wrote:
—-
“Sent indiscriminately”. Here’s where I think I may get off on a technicality.

Here’s the thing. I sent my newsletter out to about 550 people. Did I discriminate in regard to who received the message? Absolutely.

My original list of email recipients numbered about 1,200. These included friends, relatives, business colleagues, clients and a fair number of people whose connection to me remains a mystery to this day.
—-

I understand that you disagree with me including this as a mitigating factor which would get me off the hook. That’s fine. You’re entitled.

That said, if you’re going to strictly use the Aweber definition, then even your suggested best practice would also be considered spam:

You wrote:
—-
What would be less spammy and more sociable would to do something like send an email saying something like this

“Hi Pete,

I have a new ezine I’ve started if you’re interested in checking it out, please have a look at http://www.mynewezine.com you can sign up there if you’re interested and unsubscribe at anytime if you’d like.

Jonathan”
—-

Nope. Doesn’t work. According to your reading of Aweber’s rules, you’re saying that ALL unsolicited bulk email messages are spam. Then even this invitation would ALSO be spam. Indeed, anytime I send out a Cc message that my recipient didn’t specifically ask for in advance could be considered spam.

That’s insane.

And I’m pretty sure that’s NOT the kind of “spam” Aweber intended to target.

Getting back to the main point of the post, I sent out information to people I thought would want to use it — not strangers, not random email recipients, not even some of my closest friends and colleagues. I sent it to people I thought would actually want it. In nine out of 550 cases, I turned out to be wrong, and have since deleted those addresses from the list — including yourself.

Was this spam, on the same level understood by average people, where millions of messages went out to random recipients advertising the benefits of penile enhancements? Nope.

It could be seen as spam if one uses a definition that includes all emails using the Cc or Bcc function. But I don’t think that’s a practical definition and certainly one that is NOT enforceable.

I get the feeling you think there’s only one right answer, here — and that I’m somehow dodging your point. It’s not true. I never intended to spam anyone, but if I’ve offended you, then as I said before, I’m very sorry for that.

You totally avoided the major point. The aweber + spamhouse spam as bulk unsolicited mail which is totally different than emailing one person one email. please address the main point.

No screenshot is necessary. But I’m confused.

Why exactly are you discounting the dictionary definition — which wasn’t cherry-picked, since you can go ahead and find similar definitions in other online dictionaries, or print ones for that matter.

Also, if the message was spam, why did only about one per cent of recipients (who I had chosen based on their actual relationship to me as well as their likely interest in my information, which is a standard for any legitimate email) ask to be removed using my Unsubscribe instructions which were pretty standard? Seems inconsistent. Shouldn’t the quantifiable actual reaction by human beings be considered a legitimate test of whether something is or isn’t an issue?

And why are we using GoDaddy’s proprietary algorithm as the definitive definition of spam? GoDaddy’s had it’s own problems with poor filtering technology:

GoDaddy’s Spam Filter is Broken
http://michael.orlitzky.com/articles/godaddys_spam_filter_is_broken.php

GoDaddy SPAM Police Are Big Pain In Butt
http://www.trstechnology.com/blog/index.php/godaddy-spam-police-are-big-pain-in-butt/

GoDaddy Email Fun
http://provisionit.blogspot.com/2009/06/godaddy-email-fun.html

I would reiterate that often, the technology simply gets it wrong. Your comments here, for instance, both ended up in my comments spam folder. For that matter, so did your previous comments on my other WordPress blog. But I obviously don’t consider either of your comments spam, even if a particular algorithm considered them to be so. Clear?

X-Nonspam: Statistical 64%

phoning up my hosting site godaddy they confirmed that this meant that there antispam software (they apparently use 3 in combination) determined that your email was 64% likely to be spam.

I can send you the screenshot if you want.

well you at least eventually had the decency to apologize, that’s good:)

Thanks for the link, I think you’re smart too that’s why I was so surprised when you spammed me. 2nd month in business mutual fund salesman doing it, I can understand, but you’ve been around the block.

I enjoyed the Monty Python video clip.

But, it’s the bulk and the unsolicited that determines spam vs a regular email message.

This is important to know for not only your knowledge but your blog readers knowledge as well. If you or they sign up for a commercial email service and they get complaints that you’re spamming they may delete your/their account, let alone violating the US S.877 (CAN-SPAM 2004) act if you’re spamming US customers.

By spamming those in your address book and putting the onus on them to unsubscribe you’re needlessly irritating some of them.

What would be less spammy and more sociable would to do something like send an email saying something like this

“Hi Pete,

I have a new ezine I’ve started if you’re interested in checking it out, please have a look at http://www.mynewezine.com you can sign up there if you’re interested and unsubscribe at anytime if you’d like.

Jonathan”

Instead of using your free dictionary definition of spam, lets see what one of the largest email services out there, Aweber calls spam
http://www.aweber.com/antispam.htm

“Email senders (like AWeber) tend to use the textbook definition: Unsolicited Bulk Email (UBE). You can read more about this definition at Spamhaus.”

The Definition of Spam
http://www.spamhaus.org/definition.html

“The word “Spam” as applied to Email means Unsolicited Bulk Email (“UBE”).

Unsolicited means that the Recipient has not granted verifiable permission for the message to be sent. Bulk means that the message is sent as part of a larger collection of messages, all having substantively identical content.

A message is Spam only if it is both Unsolicited and Bulk.
-

Unsolicited Email is normal email
(examples: first contact enquiries, job enquiries, sales enquiries)

-

Bulk Email is normal email
(examples: subscriber newsletters, customer communications, discussion lists)

Technical Definition of Spam

An electronic message is “spam” IF:

(1)

the recipient’s personal identity and context are irrelevant because the message is equally applicable to many other potential recipients;

AND

(2)

the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent.

Spam is an issue about consent, not content. Whether the UBE message is an advert, a scam, porn, a begging letter or an offer of a free lunch, the content is irrelevant – if the message was sent unsolicited and in bulk then the message is spam.

Spam is not a sub-set of UBE, it is not “UBE that is also a scam or that doesn’t contain an unsubscribe link”, all email sent unsolicited and in bulk is Spam.

This distinction is important because legislators spend inordinate amounts of time attempting to regulate the content of spam messages, and in doing so come up against free speech issues, without realizing that the spam issue is solely about the delivery method.

Important facts relating to this definition:

(1) The sending of Unsolicited Bulk Email (“UBE”) is banned by all Internet service providers worldwide.

(2) Spamhaus’ anti-spam blocklist, the SBL, used by more than 900 Million Internet users, is based on the internationally-accepted definition of Spam as “Unsolicited Bulk Email”. Therefore anyone sending UBE on the Internet, regardless of whether the content is commercial or not, illegal or not, needs to be fully aware that (A) they will lose their Internet access if they send UBE and (B) they will be placed on the Spamhaus Block List (SBL) if they send UBE.

Various jurisdictions have implemented legislation to control what they call “spam”. One particular example is US S.877 (CAN-SPAM 2004). Each law addresses “spam” in different ways, and as a consequence, often has different definitions of what they cover, whether they call it “spam” or not. Spamhaus uses the industry standard “unsolicited bulk email” definition which underlines “it’s not about content, it’s about consent”. As such, arguments as to whether UBE messages are covered under CAN-SPAM or are compliant with CAN-SPAM, are entirely irrelevant.

It’s the bulk and the unsolicited. that determines spam vs a regular email message.”

Going back to aweber what might they (and other email providers or ISP’s) do if you’re spamming?

What Happens If I Spam, Or Try To Spam?
http://www.aweber.com/antispam.htm

If we find that you are spamming, or trying to spam, with your AWeber account:

Things that will definitely happen:

1. We will immediately terminate your account.
2. We will refuse to refund your account.

Things that might happen:

1. We might charge you money if your spamming causes any interruptions in our ability to service other customers.
2. We might pursue legal action against you. (Spamming violates our service agreement.)”