Defining spam

This is a post I’ve put off for a while as the definition of spam is a sticky subject. There are online fora where the definition of spam has been debated for more than 10 years, and if there isn’t a working definition after all that time, it’s unlikely there will ever be a definition the participants can agree on.
This came up again recently because one of the comments on my “Reputation is not permission” post took me to task for daring to call the mail “spam.” I’m going to assert here that the mail was unsolicited bulk email. I did not ask for it and I know at least 4 other people that received it.
The commenter, and a few marketers, argue that if the mail is sent without any forgery and the mail contains an opt-out link then it is not spam. It is a definition I have only seen folks who want to send unsolicited bulk email use, however. What they are really arguing is their mail isn’t spam because they provide a valid return address and a way to opt-out. Few people actually agree with this definition.
Here are 10 of the many definitions of spam that I’ve seen.

  1. Unsolicited bulk email.
  2. Mail that violates CAN SPAM.
  3. Mail that the recipient doesn’t want want.
  4. Unsolicited bulk commercial e-mails to an individual’s e-mail address without having an existing or prior business/personal relationship or obtaining consent/permission.
  5. Any commercial email.
  6. Any mail that is bulk and that lies about either the identity of the sender, the offer or the ability to opt yourself out.
  7. That which I do not do.
  8. Irrelevant or inappropriate messages sent on the Internet to a large number of newsgroups or users.
  9. Unsolicited e-mail, often of a commercial nature, sent indiscriminately to multiple mailing lists, individuals, or newsgroups; junk e-mail.
  10. Unwanted or unsolicited commercial e-mail message from someone you do not know or with whom you do not have an established business relationship.

So what is your definition of spam? (and am I absolutely nuts for asking the question?)

Related Posts

You might be a spammer if…

… the best thing you have to say about your email practices is “They’re CAN SPAM compliant.”
… text to .gif is a vital part of your email generation process
… you have to mail from multiple ESPs in order to get good delivery
Please contribute your own in the comments.
I’d also like to thank Al for guest posting 2 days this week. Thanks, Al!

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Spam that's not spam

Steve and I were talking this evening and I mentioned to him that I got “a lot of spam that wasn’t really spam. Know what I mean?”
He did. But if I tell that to you, what does it mean to you?
More on this in a couple days, but I’m onsite at a client’s for the next few days so it may take me a plane ride home to put all the thoughts down.

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TWSD: breaking the law

I tell my clients that they should comply with CAN SPAM (physical postal address and unsubscribe option) even if the mail they are sending is technically exempt. The bar for legality is so low, there is no reason not to.
Sure, there is a lot of spam out there that does not comply with CAN SPAM. Everything you see from botnets and proxies is in violation, although many of those mails do actually meet the postal address and unsubscribe requirements.
One of my spams recently caught my eye today with their disclaimer on the bottom: “This email message is CAN SPAM ACT of 2003 Compliant.” The really funny bit is that it does not actually comply with the law. Even better, the address it was sent to is not published anywhere, so the company could also be nailed for a dictionary attack and face enhanced penalties.
It reminds me of the old spams that claimed they complied with S.1618.

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