Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

<b>Technology In Marketing: </b> Spam and Filters

By Joshua Fruchter
October 31, 2006

The increasing use of filters by companies to block spam has a downside for law firms engaged in legitimate e-mail marketing ' an increased risk that their e-mails will be improperly labeled as spam and either blocked entirely or routed to users' junk (bulk mail) folders and never read.

The Impact of E-mail Filters

The risk of legitimate e-mails getting filtered has spurred interest in deliverability ' that is, solutions to maximize the delivery of e-mail campaigns to intended recipients without getting blocked. We last addressed this issue in September 2004, and this article will provide an update on the latest spam filters and deliverability solutions.

Filter Type 1: Content Filtering

Content filtering continues to be used by anti-spam software systems. These systems analyze the contents of an e-mail header, subject line and body, and assign 'points' for the use of certain phrases or HTML code commonly used by spammers. E-mails whose 'points' exceed a pre-determined total get blocked.

Content filters penalize e-mails for using common 'spam' phrases such as 'work from home' or 'guaranteed income,' but may also assign points for such innocuous phrases as 'free' or 'click here,' and thereby cause otherwise legitimate e-mails to be blocked. The filters also assign points to text formatting such as the use of ALL CAPITAL LETTERS, excessive use of bright colors, or very large fonts that even legitimate e-mailers may use. The filtering companies assemble all of these text and formatting 'triggers' into a dictionary that can be used by mail servers to examine incoming e-mail traffic.

Solutions to Content Filtering

It's important to remember that just because your e-mail contains a 'trigger' word or certain formatting does NOT necessarily mean it will be blocked. It is the accumulation of multiple 'triggers' that causes the points assigned to your e-mail to exceed the threshold that will cause blocking to occur. At the same time, in order to minimize the risk of filtering, it is a good idea to eliminate any unnecessary 'triggers' that are not essential to your message. To this end, legitimate e-mailers should use e-mail marketing software that automatically runs a subject line and body against the dictionary used by ISPs and corporations to filter e-mails, alerts users to any problematic text or formatting that is likely to trigger filters, and then recommends a resolution to each identified problem before the e-mail is sent.

Filter Type 2: List Quality Filtering

Many spam lists contain a large number of bogus addresses and therefore spammers 'bounce' a lot of mails. To combat this problem, many ISPs and corporate domains have added list quality filters to detect when a large percentage of e-mail addresses being used by a sending domain are bad. If the volume of bounces from a particular domain exceeds a certain quantity, all other e-mails from that source may be blocked.

Solutions to List Quality Filtering

Any solution that reduces the number of 'bounces' from invalid addresses will improve the quality of your list and thereby increase the deliverability of e-mails to valid addresses.

To this end, many e-mail providers will stop sending e-mails to addresses that 'bounce' ' ie, are identified as 'undeliverable' ' one or more times. Importantly, not all bounces are created equal. A 'hard bounce' is an e-mail address that is undeliverable for reasons that are likely permanent such as 'address invalid' or 'domain not found.' In contrast, a 'soft bounce' is typically undeliverable for a temporary reason, eg, 'mail server down' or 'out of office.' An e-mail address that 'hard' bounces will typically be removed from a list immediately while an e-mail address that 'soft' bounces may be included in future distributions and only removed after three undeliverables.

Removal of bounced addresses from your distribution list will improve your reputation with ISP's and also decrease your e-mail volume fees (since bad addresses won't be included in your total send figures with the provider).

Filter Type 3: Volume Filtering

Since many spammers send bulk e-mails without regard to their accuracy or volume, many ISP's and corporate domains filter using volume based filtering. Volume filters focus on the number of simultaneous connections that are opened at any one time from a particular sending domain.

Solutions to Volume Filtering

To avoid triggering volume filters, some providers will monitor the number of connections opened (known as threads) at an ISP domain at any one time. This ensures e-mails are delivered at a maximum rate without triggering volume filters at large ISP's such as AOL or Yahoo.

Other vendors will stagger delivery of e-mails to avoid volume triggers. This is called 'send throttling.' The distribution will take longer but the delivery rate will be higher.

Filter Type 4: IP Address Filtering

Blacklists

A black list is a list of IP addresses and domains of e-mail servers known to send spam. The blacklist is used to block all e-mail that comes from those servers. The problem is that a blacklisted e-mail server may also be used to send legitimate e-mail.

There are numerous active blacklists in use today, some maintained by private companies and individuals, and some operated by anti-spam organizations such as SpamCop.

Reverse Lookups

Other organizations perform what is known as a reverse DNS lookup on incoming e-mails in order to catch spammers. All legitimate IP addresses should be traceable back to a legitimate domain name; if an IP address is not traceable, then that might indicate the e-mail was sent by a spammer that is trying to disguise the origin of his message.

Solutions to IP Filtering

(Note: The following material is a bit technical)

Whitelists

The opposite of 'blacklisting is 'whitelisting,' which is the creation of a list of 'legitimate' IP addresses, domains and/or e-mail addresses that are deemed 'trustworthy' by a receiving domain. E-mails bearing a whitelisted IP address, domain or e-mail address will avoid filtering and be delivered directly to the recipient.

There are numerous ISP-specific and industry whitelists. It would be wise to choose an e-mail service provider that participates in leading whitelisting programs. For example, AOL offers accredited e-mail service providers access to a program under which providers agree to automatically unsubscribe any AOL subscriber from a list after the subscriber clicks the 'Report Spam' button in AOL. Because automatic removal reduces the potential for abuse, this solution allows AOL to continue delivering e-mails sent by participating vendors to AOL customers even where certain e-mails sent by those vendors were previously designated as spam.

Another important 'whitelist' is the e-mail Accreditation Database maintained by the Institute for Spam and Public Policy. E-mail service providers accepted into this database can offer e-mail marketing clients increased credibility with a host of filtering and anti-spam organizations such as Postini, SpamCop and Outblaze.

Sender Authentication

Some organizations have deployed mechanisms to authenticate the origin of e-mails, ie, verify that a message that says it's from Citicorp is, in fact, from Citicorp. These mechanisms are designed to thwart 'phishing,' that is, a technique by which a spammer 'spoofs' the identity of a legitimate organization such as Citicorp or eBay. Examples of authentication frameworks are Sender ID (employed by Microsoft platforms such as Hotmail) and Domain Keys (used by Yahoo). E-mail service providers typically provide support for these authentication tools if requested in order to improve a client's deliverability to certain domains (such as Hotmail or Yahoo).

Goodmail

Goodmail CertifiedE-mail service is a new service that embeds a cryptographically secure token in an e-mail to verify its authenticity. Participating receiving domains such as Yahoo can detect the token, allow the message to bypass content and volume filters, and deliver it to the recipient's inbox where it is distinctly labeled with the CertifiedE-mail trust symbol, indicating that it is from an authentic and trusted sender and can be opened with confidence. Because a Goodmail authentication 'seal' is essentially a 'stamp of approval,' Goodmail applies strict screening criteria before accepting an e-mail service provider into its program. The downside is that a sender has to pay a small fee per e-mail for the privilege of the seal, which can get expensive at high volumes.

Private IP Address

A premium deliverability option offered by some vendors is a private IP address for individual clients ' that is, an IP address used only by that client to send e-mail and not shared by any other client. The user of a unique IP address is thus insulated from the potentially compromising e-mail practices of outside parties.

Custom Domain

A custom domain provides clients of an e-mail service provider with a unique domain name for all of the relevant e-mail addresses used in an e-mail header ' eg, bounce address, reply to address, etc. This solution enables an e-mail to pass various reverse 'lookup' tests frequently run by mail servers to verify the authenticity of a particular domain and match it up with a valid IP address.

The bottom line is that e-mail remains a viable and successful channel for reinforcing the expertise of a law firm, communicating important developments and news to clients, and identifying client interests, concerns and needs. However, to achieve these benefits, a firm's e-mail must avoid filters and get delivered to the inboxes of the intended recipients. If you suspect your e-mails are getting filtered, it may be time to consider an e-mail service provider that can offer some of the deliverability solutions described in this article.


Joshua Fruchter is the president and co-founder of eLawMarketing (http://www.elawmarketing.com/), a provider of e-mail marketing services to law firms and other professional service providers. He can be contacted at 866-833-6245 or at [email protected].

The increasing use of filters by companies to block spam has a downside for law firms engaged in legitimate e-mail marketing ' an increased risk that their e-mails will be improperly labeled as spam and either blocked entirely or routed to users' junk (bulk mail) folders and never read.

The Impact of E-mail Filters

The risk of legitimate e-mails getting filtered has spurred interest in deliverability ' that is, solutions to maximize the delivery of e-mail campaigns to intended recipients without getting blocked. We last addressed this issue in September 2004, and this article will provide an update on the latest spam filters and deliverability solutions.

Filter Type 1: Content Filtering

Content filtering continues to be used by anti-spam software systems. These systems analyze the contents of an e-mail header, subject line and body, and assign 'points' for the use of certain phrases or HTML code commonly used by spammers. E-mails whose 'points' exceed a pre-determined total get blocked.

Content filters penalize e-mails for using common 'spam' phrases such as 'work from home' or 'guaranteed income,' but may also assign points for such innocuous phrases as 'free' or 'click here,' and thereby cause otherwise legitimate e-mails to be blocked. The filters also assign points to text formatting such as the use of ALL CAPITAL LETTERS, excessive use of bright colors, or very large fonts that even legitimate e-mailers may use. The filtering companies assemble all of these text and formatting 'triggers' into a dictionary that can be used by mail servers to examine incoming e-mail traffic.

Solutions to Content Filtering

It's important to remember that just because your e-mail contains a 'trigger' word or certain formatting does NOT necessarily mean it will be blocked. It is the accumulation of multiple 'triggers' that causes the points assigned to your e-mail to exceed the threshold that will cause blocking to occur. At the same time, in order to minimize the risk of filtering, it is a good idea to eliminate any unnecessary 'triggers' that are not essential to your message. To this end, legitimate e-mailers should use e-mail marketing software that automatically runs a subject line and body against the dictionary used by ISPs and corporations to filter e-mails, alerts users to any problematic text or formatting that is likely to trigger filters, and then recommends a resolution to each identified problem before the e-mail is sent.

Filter Type 2: List Quality Filtering

Many spam lists contain a large number of bogus addresses and therefore spammers 'bounce' a lot of mails. To combat this problem, many ISPs and corporate domains have added list quality filters to detect when a large percentage of e-mail addresses being used by a sending domain are bad. If the volume of bounces from a particular domain exceeds a certain quantity, all other e-mails from that source may be blocked.

Solutions to List Quality Filtering

Any solution that reduces the number of 'bounces' from invalid addresses will improve the quality of your list and thereby increase the deliverability of e-mails to valid addresses.

To this end, many e-mail providers will stop sending e-mails to addresses that 'bounce' ' ie, are identified as 'undeliverable' ' one or more times. Importantly, not all bounces are created equal. A 'hard bounce' is an e-mail address that is undeliverable for reasons that are likely permanent such as 'address invalid' or 'domain not found.' In contrast, a 'soft bounce' is typically undeliverable for a temporary reason, eg, 'mail server down' or 'out of office.' An e-mail address that 'hard' bounces will typically be removed from a list immediately while an e-mail address that 'soft' bounces may be included in future distributions and only removed after three undeliverables.

Removal of bounced addresses from your distribution list will improve your reputation with ISP's and also decrease your e-mail volume fees (since bad addresses won't be included in your total send figures with the provider).

Filter Type 3: Volume Filtering

Since many spammers send bulk e-mails without regard to their accuracy or volume, many ISP's and corporate domains filter using volume based filtering. Volume filters focus on the number of simultaneous connections that are opened at any one time from a particular sending domain.

Solutions to Volume Filtering

To avoid triggering volume filters, some providers will monitor the number of connections opened (known as threads) at an ISP domain at any one time. This ensures e-mails are delivered at a maximum rate without triggering volume filters at large ISP's such as AOL or Yahoo.

Other vendors will stagger delivery of e-mails to avoid volume triggers. This is called 'send throttling.' The distribution will take longer but the delivery rate will be higher.

Filter Type 4: IP Address Filtering

Blacklists

A black list is a list of IP addresses and domains of e-mail servers known to send spam. The blacklist is used to block all e-mail that comes from those servers. The problem is that a blacklisted e-mail server may also be used to send legitimate e-mail.

There are numerous active blacklists in use today, some maintained by private companies and individuals, and some operated by anti-spam organizations such as SpamCop.

Reverse Lookups

Other organizations perform what is known as a reverse DNS lookup on incoming e-mails in order to catch spammers. All legitimate IP addresses should be traceable back to a legitimate domain name; if an IP address is not traceable, then that might indicate the e-mail was sent by a spammer that is trying to disguise the origin of his message.

Solutions to IP Filtering

(Note: The following material is a bit technical)

Whitelists

The opposite of 'blacklisting is 'whitelisting,' which is the creation of a list of 'legitimate' IP addresses, domains and/or e-mail addresses that are deemed 'trustworthy' by a receiving domain. E-mails bearing a whitelisted IP address, domain or e-mail address will avoid filtering and be delivered directly to the recipient.

There are numerous ISP-specific and industry whitelists. It would be wise to choose an e-mail service provider that participates in leading whitelisting programs. For example, AOL offers accredited e-mail service providers access to a program under which providers agree to automatically unsubscribe any AOL subscriber from a list after the subscriber clicks the 'Report Spam' button in AOL. Because automatic removal reduces the potential for abuse, this solution allows AOL to continue delivering e-mails sent by participating vendors to AOL customers even where certain e-mails sent by those vendors were previously designated as spam.

Another important 'whitelist' is the e-mail Accreditation Database maintained by the Institute for Spam and Public Policy. E-mail service providers accepted into this database can offer e-mail marketing clients increased credibility with a host of filtering and anti-spam organizations such as Postini, SpamCop and Outblaze.

Sender Authentication

Some organizations have deployed mechanisms to authenticate the origin of e-mails, ie, verify that a message that says it's from Citicorp is, in fact, from Citicorp. These mechanisms are designed to thwart 'phishing,' that is, a technique by which a spammer 'spoofs' the identity of a legitimate organization such as Citicorp or eBay. Examples of authentication frameworks are Sender ID (employed by Microsoft platforms such as Hotmail) and Domain Keys (used by Yahoo). E-mail service providers typically provide support for these authentication tools if requested in order to improve a client's deliverability to certain domains (such as Hotmail or Yahoo).

Goodmail

Goodmail CertifiedE-mail service is a new service that embeds a cryptographically secure token in an e-mail to verify its authenticity. Participating receiving domains such as Yahoo can detect the token, allow the message to bypass content and volume filters, and deliver it to the recipient's inbox where it is distinctly labeled with the CertifiedE-mail trust symbol, indicating that it is from an authentic and trusted sender and can be opened with confidence. Because a Goodmail authentication 'seal' is essentially a 'stamp of approval,' Goodmail applies strict screening criteria before accepting an e-mail service provider into its program. The downside is that a sender has to pay a small fee per e-mail for the privilege of the seal, which can get expensive at high volumes.

Private IP Address

A premium deliverability option offered by some vendors is a private IP address for individual clients ' that is, an IP address used only by that client to send e-mail and not shared by any other client. The user of a unique IP address is thus insulated from the potentially compromising e-mail practices of outside parties.

Custom Domain

A custom domain provides clients of an e-mail service provider with a unique domain name for all of the relevant e-mail addresses used in an e-mail header ' eg, bounce address, reply to address, etc. This solution enables an e-mail to pass various reverse 'lookup' tests frequently run by mail servers to verify the authenticity of a particular domain and match it up with a valid IP address.

The bottom line is that e-mail remains a viable and successful channel for reinforcing the expertise of a law firm, communicating important developments and news to clients, and identifying client interests, concerns and needs. However, to achieve these benefits, a firm's e-mail must avoid filters and get delivered to the inboxes of the intended recipients. If you suspect your e-mails are getting filtered, it may be time to consider an e-mail service provider that can offer some of the deliverability solutions described in this article.


Joshua Fruchter is the president and co-founder of eLawMarketing (http://www.elawmarketing.com/), a provider of e-mail marketing services to law firms and other professional service providers. He can be contacted at 866-833-6245 or at [email protected].

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Top 5 Strategies for Managing the End-of-Year Collections Frenzy Image

End of year collections are crucial for law firms because they allow them to maximize their revenue for the year, impacting profitability, partner distributions and bonus calculations by ensuring outstanding invoices are paid before the year closes, which is especially important for meeting financial targets and managing cash flow throughout the firm.

The Self-Service Buyer Is On the Rise Image

Law firms and companies in the professional services space must recognize that clients are conducting extensive online research before making contact. Prospective buyers are no longer waiting for meetings with partners or business development professionals to understand the firm's offerings. Instead, they are seeking out information on their own, and they want to do it quickly and efficiently.

Should Large Law Firms Penalize RTO Rebels or Explore Alternatives? Image

Through a balanced approach that combines incentives with accountability, firms can navigate the complexities of returning to the office while maintaining productivity and morale.

Sink or Swim: The Evolving State of Law Firm Administrative Support Image

The paradigm of legal administrative support within law firms has undergone a remarkable transformation over the last decade. But this begs the question: are the changes to administrative support successful, and do law firms feel they are sufficiently prepared to meet future business needs?

Tax Treatment of Judgments and Settlements Image

Counsel should include in its analysis of a case the taxability of the anticipated and sought after damages as the tax effect could be substantial.