I would guess they're happy to can their customer but they are refusing to tell Benoit who the customer is. Which sounds fair to me.
--srs > On 10-Jun-2016, at 8:44 PM, Anne Mitchell <amitch...@isipp.com> wrote: > > Benoit, please contact me offlist, and I will see about getting you to the > right person (MC is a certification customer of ours, and I can confirm what > Suresh says - they are *very* responsive to spam complaints, but yes, yours > isn't really of that nature, at least not in a straight-forward sort of way > that their abuse department is used to). > > Anne > > Anne P. Mitchell, > Attorney at Law > CEO/President, > SuretyMail Email Reputation and Inbox Deliverability Certification Program > http://www.SuretyMail.com/ > http://www.SuretyMail.eu/ > > "Email marketing is the one place where it's better to ask permission than > forgiveness." - Me > > Author: Section 6 of the CAN-SPAM Act of 2003 (the Federal anti-spam law) > Member, California Bar Cyberspace Law Committee > Member, Colorado Cybersecurity Consortium > Member, Asilomar Microcomputer Workshop Committee > Ret. Professor of Law, Lincoln Law School of San Jose > Ret. Chair, Asilomar Microcomputer Workshop > amitch...@isipp.com | @AnnePMitchell > Facebook/AnnePMitchell | LinkedIn/in/annemitchell > > > >> Hi List >> >> I wonder how other Email Ops, especially in Europe, handle Mailchimp and >> Mandrill App. >> >> They are a constant issue with the Swinog Blacklists. >> >> The problem boils down with differences in the privacy laws of US vs EU. >> >> In Switzerland (and probably most EU countries too), a company who >> sends advertising emails, must first get the agreement of the recipient >> to receive those emails or must be able to proof, that the recipient is >> a customer who in the past ordered services of the sender. >> >> Therefore the recipient must be able to identify and contact the sender. >> >> If the sender is hiding behind anonymously registered domains etc. the >> ISP must identify his customer upon request. Curt cases have confirmed, >> that the interest of the recipient to get the identity of the sender is >> more important than the interest of the sender to have his identity >> protected by his ISP. >> >> I came across several cases of anonymous 'spam' emails sent via >> Mailchimp. Obviously by swiss or European spamers targeting swiss >> email addresses they bought or harvested illegally. >> >> Anonymous Spam means: >> >> * Domain registered by anonymous proxy. >> * No Imprint on Website. >> * No further contact information on the email except the website. >> * Order Form on Website, Payment anonymously via Paypal. >> >> So the Mailchimp Abuse Desk was asked, with reference to the according >> legal articles and proof that the email was sent by their customer, to >> please disclose the identity of the customer sending those emails. >> >> Mailchimp always answers, that they are a US company and are only >> obliged to US law where providing an opt-out link is good enough and >> disclosure of the identity of their customer is not possible under US >> law. Also they can not block a customer because of spaming if the >> customer provides an opt-out mechanism, which is all what us laws >> require. >> >> I was without success trying to find a solution to this issue with the >> Mailchimp Abuse Desk. >> >> Well this is a big blinking sign telling 'SAFE HARBOUR' to all spamers >> out there, as they do not have to fear any legal prosecution, as they >> are very hard to identify. This is also why Mailchimp keeps being >> abused over and over again by spamers and is often being blacklisted >> because their customers send emails to SWINOG Blacklist spamtraps. Of >> course their delivery agents then contact us, but usually we don't find >> a solution, because they stay with the statement, that their customer >> did nothing wrong and swinog is wrong by blocking such emails. >> >> What are your observations/experiences with Mailchimp regarding this >> kind of legal issue? >> >> Is there any chance that they would accept applying European laws when >> their customers are from countries in Europe and targeting European >> recipients? >> Or any chance they would alter their anti-spam and privacy policy to be >> less spamer friendly? >> >> Kind regards >> >> -Benoît Panizzon- >> I m p r o W a r e A G - Leiter Commerce Kunden >> ______________________________________________________ >> >> Zurlindenstrasse 29 Tel +41 61 826 93 00 >> CH-4133 Pratteln Fax +41 61 826 93 01 >> Schweiz Web http://www.imp.ch >> ______________________________________________________ >> >> _______________________________________________ >> mailop mailing list >> mailop@mailop.org >> https://chilli.nosignal.org/cgi-bin/mailman/listinfo/mailop > > > _______________________________________________ > mailop mailing list > mailop@mailop.org > https://chilli.nosignal.org/cgi-bin/mailman/listinfo/mailop _______________________________________________ mailop mailing list mailop@mailop.org https://chilli.nosignal.org/cgi-bin/mailman/listinfo/mailop
