On Fri, 23 Aug 2019 07:40:55 +0100 (BST), Andrew C Aitchison via mailop
<mailop@mailop.org> wrote:

>You can't use engagement like that.

Everyday experience with a large number of volume mailer clients says that, in
the general case, you not only can, you must.  There have been public
statements by staff at major providers to this effect.  They have noticed that
a major cost is imposed by accepting, scanning and storing email for abandoned
or inactive accounts.  They tend to put systems in place to reduce those
costs. 

>I consider the weekly/monthly email from a clothes store that gives me
>a discount for being on their email list to be SPAM.

Spam being unsolicited broadcast email, I would say that if you agree to
receive it, it cannot be spam.  This definition has held up well over the
twenty-five years I've been involved in the industry.

>I consider the annual email from my old school HAM.
>I read this but never reply, and it doesn't have cookies or other phone-home
>features, so the list maintainers can only process unsubscribe requests 
>and bounces to keep the list clean.

An edge case, to be sure.  I am on some lists that are extremely intermittent.
They are also guaranteed to be made up of real people who asked for the email.
Bounce and unsubscribe processing, and the occasional review of deferrals for
"account over quota" should keep the mailer out of trouble.

>There is an email marketeers "rule" about frequent mail shots to keep
>engagement up. I see this as a good definition of the junk mail sender.

In such cases, the recipients may decide to revoke their permission.  If
mailing continues after unsubscribe, then the sender is a spammer, possibly
due solely to incompetence.

mdr
-- 
         "There are no laws here, only agreements."  
                -- Masahiko


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