Now if they would just do something about the state's interpretation of how Maine's Freedom of Access Act applies to state-held email address data.
(Hat tip: @ddayman and @jacaldwell)
Is it a good idea to mask ownership of your domain?
Services like Domains by Proxy allow you to mask (hide) the true owner of a domain name. In my opinion, the legitimate business case for doing so is questionable. Wikipedia suggests that it's a good way to block “unsolicited contacts from third parties.” I don't think that's true-- I think a legitimate business is going to have contact info on their website, making it possible to contact them with postal advertising or regarding legal issues, regardless of uses of a domain masking service. And if you're worried about spam, use a unique email address that is well spam filtered, and isn't your primary email address.
I guess if you're a one man shop, working from home, and you register a domain for your business, maybe you're concerned about people knowing your home address. But domain masking isn't the only method of addressing this. The UPS Store (and the USPS) runs a brisk business in PO boxes and/or PMB postal addresses for exactly this kind of use.
And what's the down side to using a domain masking service?
You look like a spammer. Wow, really? Yes, really. It's that simple. A lot of the people that use these services seem to be spammers. I don't have data on this; only anecdotes. But I can tell you that, unfortunately, that based on my personal experience, there is a strong correlation between “likely to send unwanted or unsolicited mail” and “who owns their domain is hidden behind Domains by Proxy.” Sad, but true. Thank spammers for ruining another part of the internet for the rest of us.
Why do spammers do this? Lots of spammers register large numbers of domains. From dozens to hundreds (or even more). If they made their ownership of these domains publicly, easily found via the internet's WHOIS databases, anti-spam groups like Spamhaus would be able to track them much easier. It's not much of a deterrent, but it's enough of one to be very common in spammer circles.
And there might be legal risk as well. Read about this 9th Circuit opinion in USA v. Kilbride, (9th Cir., 2009) as reported by Mickey Chandler over on Spamtacular. The court found that use of a service that masks who owns a domain (like, in my opinion, Domains by Proxy) counts as material falsification under the US Federal anti-spam law, CAN-SPAM.
The jury is out on whether or not this is likely to be used against other bad actors in the email space, but why risk it? If you're a legitimate business, show the world that you are one by having your domain registration accurately reflect that you own every domain you use.


A recent study performed by the Annenberg School for Communication, University of California Berkeley School of Law, and the Annenberg Public Policy Center reports that Americans believe marketers should not advertise to them based on preferences and behavioral data…But why? In a marketplace of abundant information and almost innumerable and varied products, why don’t consumers desire some assistance to narrow down their selection? Why don’t people appreciate that marketers want to provide them with relevant advertising? If I am going to see advertisements on a website…and there is no question that I will…I would much rather see advertisements that pertain to my interests. Wouldn’t you?
The Annenberg/Berkeley study reports that 66% of Americans do not want to see website ads that are tailored to their interests. This sounds discouraging, but I believe the information provided by this study offers valuable insight for marketers seeking to capitalize on relevant, 1 to 1 marketing efforts. This study’s stats highlight consumers’ desire for control and trust—observations that can inform behavioral web and email marketing strategy.
Advertising preference is not the only metric this study provides, as eMarketer’s article “Behavioral Targeting Misses Mark” points-out. There are several other, seemingly contradictory metrics this study reports that can help us solve this puzzle. For example, close to 50% of Americans would like websites to give them discounts specific to their interests. Hmmm…So you don’t want to see the ads, but you do want the coupons presented in those ads? Puzzling…let’s dig deeper.



eMarketer highlights another Annenberg/Berkeley metric: 67% of all Americans feel that they have “lost control over how their personal information is collected and used by companies,” and at the same time 54% of Americans believe that “existing laws and organizational practices provide a reasonable level of protection for consumer privacy.”
This issue is one of trust, not necessarily the failure of behavioral marketing. Consumers like discounts, but people feel as if they have lost control over their personal information, and no one likes to feel like they have lost control. As a Catapult at ExactTarget, I spent two days in Chicago with fellow Catapults, interviewing people on their marketing preferences. Overwhelmingly, people expressed that they felt their personal information was abused by spammers and companies they had no relationship with. Yes, there are “reasonable” laws regarding consumer privacy, but consumers ask, “Why do I get so much spam?!” “How did they get my email address? My phone number?”
When asked how they felt about tracking on “websites in general,” people stated that they felt behavioral tracking was creepy and “Big Brother-like.” On the flipside, when given a concrete example, like Amazon.com’s personalized product recommendations that appear when browsing the website, interviewees’ tone changed: “Yes, I find that helpful, but they don’t send me a million emails after I buy something and pester me all the time. And, I have a relationship with them.”
Lesson learned: people want to feel safe, respected, and protected. Amazon.com is not scary, because they have a trustworthy reputation. As marketers, we cannot neglect that relationships are the foundation for business. Leverage your landing pages, emails, voicemails, and SMS organically to build trust with clients, at point of sale, for example. In your emails, provide a reminder of how clients signed-up. Provide a link in your emails to a page on your website that explains how you use subscriber information. Perhaps you should only advertise on trusted websites. Finally, don’t be abusive: be cognizant of email frequency and content.
I encourage you to check out our whitepapers on building quality lists direct marketing channel preferences. Use our List Growth Advisor for custom recommendations on how to responsibly grow your subscriber lists so that you can leverage subscriber data respectfully and effectively. Behavioral tracking does not have to "miss the mark."
If you're an ExactTarget client using SMS to enable targeted 1 to 1 communications you should have received an email on October 1, 2009, informing you of a change to industry regulations.
Here's what the email stated:
Beginning October 1, 2009, industry regulations state that the phrase "Standard Message charges apply" is no longer acceptable as standard messaging in SMS communications. For all digital advertising formats and message flows, one of the following phrases must be used in its place:
Message and Data Rates May Apply
Msg&Data Rates May Apply
Msg&data rates may apply
Msg&data rates may aply
View the ExactTarget SMS Regulation resource page for more information and helpful links to ensure that your Text Messaging campaign and communication programs are compliant.



As I am looking back over the 14 weeks that I have been here this summer, one of the biggest things that has hit me is that ExactTarget is not just an email marketing company. They are not just an email service provider. They are truly a one to one marketing company that has a full line of products to help increase the marketing ROI for a company.

Yes, we do email. We actually send some of the most intelligent and customer-driven email through our dynamic content capabilities.
But what else is in our product line?
SMS: We have the ability to develop and execute powerful SMS text message campaigns to engage customers on the spot.
Voice: We have a product that can send targeted and specific messages to consumers by telephone. Adding this personal touch moves a company way beyond simple TV advertisements.
Landing Pages: These microsites enable users of ExactTarget’s already powerful email software platform the chance to call customers to action through a targeted website, designed specifically for the particular action.
When a company uses all four of these tools together, they have the ability to become a very sophisticated marketer that engages consumers in a relevant way.
Kyle Schroeder
Slingshot Summer Intern
In case you missed it, here is the Top 5 round-up of ExactTarget's best blog posts from last week:
As a marketer, I've always focused on balancing driving the most results from a limited budget. Then the global recession took effect last year and to remain competitive, companies began their prudent cost-cutting measures across all areas of the business. All marketers know that their budgets are some of the first to be reduced during trying economic times. This challenge helps us flex our virtual marketing muscles to affect our target audience with strategic marketing campaigns, with less budget than before. At the recent ANA/BtoB Magazine conference in Chicago, Paul Dunay, Global Managing Director for services marketing at Avaya, and Jason Ferrara, VP Corporate Marketing at CareerBuilder.com presented a terrific session titled "How B-to-B Marketers Are Using New Media," in which they discussed how they have increased spending on new media, especially in the past year.
"We do search, email marketing and social media. That's the holy trinity of online marketing," said Dunay. He also noted that – with no new money in the marketing budget – he has paid for his new media efforts by decreasing spending on print, TV, radio and other traditional media. Ferrara has done the same at CareerBuilder.com
Avaya and CareerBuilder.com are not alone in embracing new media. According to a recent survey conducted by the Association of National Advertisers and BtoB Magazine, 20% of b-to-b marketers used social media in 2007. This year, 66% of b-to-b marketers are using social media.
My Take
I think it’s becoming more and more clear that email + social media is an effective strategy for business development. And there are three reasons:
1. Attracting Email Subscribers. One of the biggest benefits to social media is the ability to attract new email subscribers. Brands that provide a compelling reason for members of social networking sites to subscribe to their email communications are finding that these sites are an ideal venue for list growth. And as these people become new email subscribers and use Social Forward to share email content with those in their online social networks, they become powerful influencers.
2. Professional Networking. With more than 45 million users representing 150 industries around the world, LinkedIn is the biggest networking watering hole for business professionals. It’s just as effective for attracting talent as it is for generating referrals and product recommendations. But be on the lookout for WSJ Connect from The Wall Street Journal, a new networking site that’s in the works. It will also be aimed at professionals and its being billed as the “LinkedIn killer.”
3. Lead Generation. Social networking sites provide a natural gathering location for people who are passionate about a particular brand or interest. Engaging these individuals with offers that are relevant is proving to be smart business. An excellent study from OneUpWeb shows that ads on social networking sites work. As the report states in its summary, “Repeated exposure through the synergy of sponsored ads and search results increases familiarity with the brand. This is vital for generating sales both online and offline.” And once these leads are generated, email provides the most effective tactic for lead nurturing and aiding the buyer’s decision-making process.
It's a challenge these days to optimize advertising online. As we have seen, many company are pulling dollars from different forms of offline advertising and putting it towards PPC causing search costs to increase. Instead of following the pack and spending even more money on your online advertising campaigns to maintain the same results, be a leader and take advantage of the Cost-Per-Lead Model.
I was driving along the interstate last week when I noticed a billboard alongside the road. In big, bold letters it read: "Measure Your Advertising ROI By the Square Foot". Suddenly the difficulties of advertising in print media took on a whole new light. Advertising on paper is a very difficult task. You can't measure impressions, you can't track data, and it's almost impossible to follow the path of your customers through the buying cycle. In the end, it comes down to a guessing game paired with a hopeful strategy. So what can marketers do to target their audiences and to track relevant information? I'm glad you asked.