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The extreme spam filters started becoming a serious problem around March of
2002. Mitchell came on board with Habeas, Inc. about June of 2002. Coincidence?
I don't think so!
Getting the picture yet?
Here's how it works ...
Habeas, Inc. has created a trademarked, copyrighted header for email. Use of
this header tells ISPs and spam filters that your email is HABEAS COMPLIANT. In
order to be "Habeas complaint," ANY of the following must be true:
1. The SENDER has the VERIFIED PERMISSION of each and every ADDRESSEE
2. The SENDER and each and every ADDRESSEE are all individuals who share a
preexisting, professional (as opposed to merchant-consumer) relationship, and
the EMAIL is relevant to that professional relationship
3. Each and every ADDRESSEE is a personal friend or family member of the SENDER,
the EMAIL is NOT equally applicable to many other potential recipients, and the
EMAIL is not COMMERCIAL
4. The EMAIL is sent to a single ADDRESSEE
Now, assuming that your email is "Habeas complaint" by any of the standards
above, ISPs and spam filters "assume" your email is not spam. They automatically
"whitelist" email containing these headers or email coming from IP addresses on
the Habeas Users List. Others give messages with Habeas headers substantial
credit in a spam scoring system. So what's the problem?
First, the Habeas header is trademarked and copyrighted so the spammers can't
steal it. Like that ever stopped spammers from doing as they please! Okay - so
Habeas, Inc. is going to sue spammers if they use it. Sure. IF they can find
them! Do you REALLY believe the spammers won't find a way to forge this - and
avoid any penalties - like everything else? Come on!
Then, there's the little matter of the majority of spammers being outside the
USA. Even with International copyright and trademark laws, how long to you think
it will take to nail them?
Sure, they can get a Cease and Desist Order while prosecution is underway. Now,
how long do you think it will take before the spammers are offered sterling
opportunities to spam from the countries where the International copyright laws
aren't recognized?
Spammers won't have to LIVE in those countries. Only hire a company - or
individual - there to send their spam and cover for them. It's a no-brainer!
SOMEBODY is bound to see the opportunity and set them up. Never underestimate
the amazing creativity of spammers!
Secondly, Habeas headers are already recognized by a number of spam filters and
Internet Service Providers. These include America Online, Yahoo, SpamAssassin,
SpamCop SpamBouncer, JunkSpy, MessageLabs, and JunkFilter.
America Online? Yahoo? SpamCop? SpamAssassin? What is wrong with THIS picture?
Thirdly, "verified permission" (see #1 above) translates to "double opt-in." You
have to prove you use double opt-in if publishing an ezine. Any savvy ezine
publisher will tell you that requiring confirmation of every subscription
request will LOSE you 60% of them. I KNOW this. I TESTED it!
With all this other crap going on, we can't AFFORD to use double opt-in! We
can't afford to lose 60% of the people who originally ask for the subscription!
And, sending the new subscriber a "Welcome" email with the option to unsubscribe
immediately, if they didn't actually make the request, doesn't COUNT. This is
NOT considered an acceptable alternative (by Habeas, Inc.) to double opt-in!
Part of the problem here is that too many publishers insist on using online
forms for subscriptions! Of COURSE they get a lot of bogus subscriptions! People
come along and screw with those forms - putting in any address they please.
A form is NO easier to use than a link, to send an email request for the
subscription. Yet, people can't see that, with the email request, they have an
IP number and can prove who sent the email. In all the years I've used email
requests, I have had one - count it, ONE - forged return address.
When the owner of the email address complained, I opened the full header and
sent it to him. He was then able to track down who had been using his email
address on returns. Speaks of a service, doesn't it?
Now, here's the kicker ...
Even if you don't mind using double opt-in, which is already costing you money
in lost subscribers, you're going to PAY for the Habeas header! In fact, you are
required to buy a "license" to use the header. Here's the payment schedule:
* "Individual and ISP licenses are free."
Okay - costs you nothing to write to your friends and family. But, see #3 above
- and be careful!
* "Bulk Commercial Mail license, from ½¢ to 1¢ per message, up to a maximum of
$3,000 per month, designed for those who send commercial or promotional mailings
for themselves or others. Small businesses under $100,000 annual business
revenue can qualify for the Business license."
Apparently, this will apply to list servers. The cost for these services to send
your ezines will go UP. AND, if it's free now, it won't be for long!
If you make over $100,000 per year, this "service" may cost you up to $3,000 per
MONTH if you send your own ezines! Over ONE THIRD of your $100,000 in a year.
* "BUSINESS LICENSE, $200 PER YEAR!"
This is for every online business owner or publisher out there - who makes less
than $100,000 a year - and who sends email FOR ANY REASON other than to friends
and family!
The Habeas site also states that these may simply be temporary prices. From the
Habeas site: "Habeas may eventually raise the price of the business and
commercial bulk licenses, ..."
One very well-respected online marketer has already recommended this system.
There'll be more to come. Why? Because a number of large companies are already
licensed to include Habeas headers in their or their clients' messages.
What's my opinion? I can tell you in two words. It Sucks.
And two more: Big Time.
Idiots will see this as a great solution. The same morons who couldn't get their
heads on straight long enough to put a stop to the filters harming their
businesses - through legal means. They didn't do it while they still had the
chance.
Will they EVER realize what hit them? Maybe. When it's too damn late.
So, this is what it's come to for online businesses ...
* We allowed the anti-spam fanatics (of which this company IS one) to put the
filters in place without insisting on legal accountability.
* A private company will now dictate that you MUST buy their service, at $200+
per year, IF you want to have an online business, use public email and avoid the
spam filters.
* This company will also dictate how you handle subscription requests, even
though there is no law regarding the issue. Can they do that? Yes. Or, you can't
use their "service."
* You can add $200 a year to your overhead PLUS more if you also use a list
server, when the prices go up (and, they WILL), PLUS whatever amount they decide
raise the cost of their "license" as soon as most ISPs require it, and/or the
spam filters are reset to bounce all email without the header.
* When you hit a gross of $100,000 a year, you can pay over a THIRD of that to
Habeas, Inc. for "allowing" you to use their headers. (Does this REMIND you of
anything? Like "paying for protection" from companies like SpamCop and
SpamAssassin?)
* Habeas, Inc. already has a patent pending for Sender Warranted Email(SM). This
means NO ONE ELSE may use this system. There will BE no competition!
* Government regulation has been considered the big, bad wolf. Yet, as soon as
Habeas, Inc. manages to get THEIR trademarked header required for email to be
delivered, a FOR PROFIT COMPANY will control the Internet!
* Will it stop the spam and the unrequested porn? Not even for a minute! Once
again, those of us who do NOT send spam will pay - with cold, hard, cash - for
those who do. And, you can BET the spammers are already planning their next
step!
And that is called "exploitation" of a bad situation!
This my friends, has been planned - and carefully executed - for a LONG time! By
the very people who helped bring us spam filters! OH, yeah! SpamAssassin is
right at the TOP of their list of "Partners!"
Will THIS generate lawsuits? Nah - we'll just roll over into a ball and hide our
heads, like the little roly-poly worms that we are. And, let 'em do THIS to us
too!
Sorry. I've lost my faith in the online business owners' capacity to stand up -
be counted - insist on legal protection - and do what's necessary to protect
their businesses. If it ain't easy ... they won't do it. So, maybe this is
well-deserved.
Want the full story? Go to the URL below. May look good. Will NOT stop spam!
WILL get YOUR money as an online business owner as you are coerced into using
their service if you want to get past the spam filters! Somebody's going to be
making BIG bucks every time you send an email or your ezine - and it ain't YOU!
http://www.habeas.com/faq/index.htm
I will be writing more on this subject soon. I am currently in the process of
getting legal opinions on this whole situation!
Oh - the CEO of Habeas, Inc. is an attorney? Well, having been married to a
judge for a number of years, that's the LAST thing that's going to intimidate
ME!
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