A couple of comments:
Internet Service Providers are confronted with a couple of problems:
* Spoofing and phishing. Spammers rely on the open nature of the simple mail transfer protocol to spoof or fake the from line and the domain.
The solution for this problem? Sender authentication.
Presently, the IETF has created a study group to review a number of different proposals, with the objective being to develop a set of specifications by the fall, allowing for widespread implementation before the fall shopping season.
* Zombie computers. With black list operators like Spamhaus being reasonably successful in identifying open relay systems, spammers have been using viruses to take over computers with open dsl or cable connections and using these to send out their "stuff." The result? ISP's are now blocking volume email sent from cable or dsl IP addresses.
* Filters. It is common knowledge within the industry, the filter systems set up by the ISP's have been causing major problems for permission based email marketers.
The suggested solution? Message authentication.
Habeas started the trend about two years ago. At the time, some in the marketing community protested long and hard about the need to pay for delivery.
Iron Port's Bonded Sender service is merely a continuation of this trend. However, the pricing is structured so as to make it cost prohibitive for the average SOHO.
(This is the same problem with the .mail proposal presently before ICANN.)
I agree with the comments of BKamu "the Internet is the great democratizer." It has created a level playing field allowing the individual entrepreneur to compete effectively with the large corporation.
With Microsoft deciding to adopt Iron Port's Bonded Sender program, especially given some of the statements made by officials of the program, there is cause for concern.
(For more on this people may wish to read an article titled
Is Microsoft Getting Into the Anti-Spam Business)
What then is the solution?
* Recently, as many people know, the FTC issued a call for comments under the Can-Spam Act of 2003.
(If you are not familiar with this call and the significant issues for permission based marketers, read
The FTC Wants To Hear From You. The formal call for comments on the do-not-email-registry closed on March 31 and on April 20 for comments on the other areas raised by the Commission.)
So, what is the point?
There were a number of filings which make interesting reading.
The first comment I suggest people read is that filed by
The Electronic Privacy Information Center in support of a registry system for domains.
Although there are couple of points which require adjustment from the e-marketers perspective, the underlying thesis makes sense.
The other comment is that filed by the US Internet Service Providers Association
in opposition.
Members of the US ISPA include America Online, Inc., BellSouth, EarthLink, MCI, Microsoft, SAVVIS, SBC, Verizon.
In reading between the lines one is left with the impression these organizations are opposed to any form of registry system as it would:
* Prevent them from continuing to sell access to their subscriber base to opt-out marketers (a polite term for commercial emailers or spammers); and,
* Thwart any plans this group might have to charge access to opt-in marketers by way of message authentication systems.
(Yes, I appreciate Iron Port is not owned by Microsoft, yet.)
Given message authentication is potentially a valid approach in dealing with the "filter problem," what is the solution?
The Commission establish a domain registry system as suggested by EPIC with the following modifications:
* A licensing system be established. Want to send email? You have to obtain a license. This means you would have to provide your data.
Licenses could be divided into two classes, people who want to simply send email for personal purporses and people who want to send solicited commercial email and transactional or relationship messages.
To obtain a personal license you would have to agree to abide by the
Netiquette Guidelines, being RFC 1855 published October 1995. There should be no cost to obtain a personal license.
To obtain a commercial license allowing you to send solicited commercial email, or transactional or relationship messages you would have to agree to comply as a minimum with the document titled
How to Advertise Responsibly Using E-Mail and Newsgroups or - how NOT to $$$$$ MAKE ENEMIES FAST! $$$$$ being RFC 3098 published April 2001 and the CSA.
There should be a nominal fee to obtain this type of license.
The benefit of this system? Licensed senders would be then granted a unique code to include with their messages.
Want to register a domain? Not a problem, but you have to agree to the following:
* Utilize a standard open source sender authentication protocol as approved by the IETF (this will help to reduce spam); and,
* Utilize a standard open source message authentication protocol as approved by the IETF allowing the email of licensed senders to pass through your gateway filters for delivery to individual subscribers.
To ensure access, folks from all over (not just US citizens) would be able to obtain a license.
The registry and licensing system could be maintained by the Commission but operated by one or more private concerns.
A couple of additional comments:
* The underlying problem with email is the open nature of the SMTP. We need to move to a closed delivery system to ultimately have any realistic chance of reducing spam to manageable levels over the long term.
(For more on this topic, you may wish to read
Is The Writing On The Wall For Spam.)
* At this juncture, the problem in large part is the Internet Service Providers are all over the place. Although decrying spam, the ISP's appear unwilling to take the necessary steps to deal with the issue in a fashion which is in the best interest of the community as a whole and not simply in their own self-interest.
(The adoption of Bonded Sender by Microsoft is a case in point.)
* Many people will not look kindly upon any sort of government imposed regulatory system. Fine.
However, if the community as a whole can't get its act together and there is continued chaos in the market place, what is government's role?
Even if the Commission were to announce a plan in the morning, it would not happen overnight.
Why? The Commission has to file a report with the relevant Congressional committees by (I believe the date is) June 17, 2004 under
sub-section 9 (a) of the CSA "that--
(1) sets forth a plan and timetable for establishing a nationwide marketing Do-Not-E-Mail registry;
(2) includes an explanation of any practical, technical, security, privacy, enforceability, or other concerns that the Commission has regarding such a registry; and
(3) includes an explanation of how the registry would be applied with respect to children with e-mail accounts."
Presuming the Commission files a favourable report along the lines suggested, (my proposal is just that, a proposal) subject to certain caveats as to implementation, what is the benefit?
It brings significant pressure to bear on the 'players' to start moving in the right direction.
How come? The earliest the Commission can start to move forward with any plan is September 17, 2004 under
sub-section 9 (b) of the CSA.
* With the need for the IETF to develop a standard protocol for sender authentication (likely by the fall) and message authentication (no set timetable yet), even though the Commission could start the process, full implementation would not be realistic until some time in 2005.
(If you are not familiar with the IETF read
this document.)
This means there would still be time for the 'players' to get their act together and show the Commission the market can properly regulate itself without the need for such dramatic intervention.
There is another reason why I am suggesting this approach. The SOHO online community needs a champion to deal with what I call the forces of nature, being organizations like Microsoft.
The Commission's role is to protect the consumer while promoting 'fair' competition. With the 'Net have the potential to being the great equalizer, who better to act as the SOHO champion in providing consumer choice while ensuring 'fair' competition?
John Glube
Toronto, Canada