FC: Godiva responds to Politech subscriber over buy-chocolate spam

From: Declan McCullagh (declanat_private)
Date: Tue Apr 09 2002 - 00:06:13 PDT

  • Next message: Declan McCullagh: "FC: Speaking at Stanford University on Saturday, April 20"

    Previous Politech message:
    
    "Dave Touretzky replies to direct marketing group over Godiva"
    http://www.politechbot.com/p-03353.html
    
    ---
    
    From: "Matt Del Vecchio" <matt.delat_private>
    To: <declanat_private>
    Cc: <Dave_Touretzkyat_private>
    Subject: chocolate madness
    Date: Fri, 5 Apr 2002 15:15:21 -0600
    
    declan,
    
    i had to find out what their deal was. give me chocolate sweets w/o the
    spam, or give me death. Cathy address the Godiva policy below...
    
    
    
    -----Original Message-----
    From: Matt Del Vecchio [mailto:matt.delat_private]
    Sent: Friday, April 05, 2002 3:12 PM
    To: 'cathy_baucumat_private'
    Subject: RE: your online privacy policy
    
    
    Dear Cathy,
    
    Thank you for the useful information.
    
    FYI, if one has multiple email addresses forwarding to a different
    single email address, often it is impossible to known which email
    address needs to be UNSUBSCRIBED via an email.
    
    However, it still boggles the mind as to why Godiva would, by default,
    sell my personal information to 3rd parties. If it's not done in the
    store, why should electronic orders be any different?
    
    As a customer interested in buying chocolate, on the phone, Internet, or
    otherwise, I only do business with merchants that operate on the notion
    of "Opt-in", rather than "Opt-out".
    
    Until this policy is reversed, I will not be doing business with Godiva.
    
    
    Sincerely,
    matt
    
    --
    Matt Del Vecchio
    
    
    -----Original Message-----
    From: cathy_baucumat_private [mailto:cathy_baucumat_private]
    Sent: Friday, April 05, 2002 2:14 PM
    To: matt.delat_private
    Subject: your online privacy policy
    
    
    Dear Mr. Del Vecchio:
    
    Thank you for your email regarding our privacy policy and sharing
    information.
    
    Please be assured that Godiva does NOT share anyone's telephone number
    or EMAIL address with any other company for any reason at all.
    
    All customers have the option to UNSUBSCRIBE from the email list at any
    time, which they can do themselves or request customer service to do for
    them.
    
    If you place an order from our catalog over the PHONE, it is possible
    that your ADDRESS will be shared with other companies, but you may also
    request that we do not "rent" your address, and we are very happy to
    comply with this request.
    
    I hope that this has answered your question regarding our policy, but
    please feel free to contact me if you have any other questions or
    concerns.
    
    Thank you for your interest in Godiva Products.
    
    Very truly yours,
    
    Cathy Baucum
    Customer Service Supervisor
    Godiva Chocolatier Inc.
    1-800-946-3482 - Select Prompt 3 for Customer Service
    
    
    ----- Forwarded by Ena McCarthy/US/GODIVA/CSC on 04/04/2002 08:12 PM
    ----- matt.delat_private on 04/04/2002 08:00:46 PM
    
    To:       lettersat_private, sitefeedbackat_private
    cc:       (bcc: Godiva Questions)
    Subject:  your online privacy policy
    
    
    Dear Godiva,
    
    In response to complaints from a customer who purchased chocolate online
    as a gift, I have decided not to do any business with your company, nor
    will I recommend anyone else do so.
    
    The customer complaint was based around the fact that the process for
    sending chocolate never presented an option for him to sign-up or not
    sign-up for promotional email ("SPAM").
    
    Worse, that your company will sell his customer information to other
    companies to send their own promotional email ("SPAM").
    
    This is unacceptable business practice. To retain customer respect and
    thusly business, you must be more up front about your policies, going so
    far as to provide customers with the option to Opt-in or Opt-out.
    
    
    Sincerely,
    matt
    
    ps - you "Click here for live assistance" link, found on
    http://www.godiva.com/customer/talk.asp, is broken.
    
    --
    Matt Del Vecchio
    
    **********
    
    [Below is from a journalist who wanted to remain anonymous. --Declan]
    
    FYI
    
    Life is far too short to be required to expend much of it on informing
    commercial emailers to take you off their commercial email lists.
    
    Godiva's unsolicited commercial email may provide one of the few "remove me"
    links that actually work. However, I have wasted God only knows how much
    time trying unsuccessfully to opt out of other spam. In the overwhelming
    majority of unsolicited spam I get at Hotmail, the purported web sites
    hosting the remove me or unsubscribe me links are dead or the emails are
    bounced back.
    
    One problem is that legitimate spammers (as in not making absurdly inflated
    or scurrilous marketing claims and providing opt out links that work)
    distribute your email address to less reputable marketers who falsely state
    that you have expressed a desire to hear about their pyramid schemes, herbal
    potions to extend your penis 6 inches; hard core pornography, credit
    identity reconstruction scams, get rich quick scams etc. etc.
    
    I completely agree with the  Dave Touretzky that buying a box of chocolates
    should not require one to read a long, dull/obtuse privacy policy notice and
    opt out in order to not be flooded by tedious spam.
    
    Ben A. Isaacson's position just undermines consumer confidence in online
    commerce. Not many of us have time or the inclination to go to all that
    trouble just to ensure your email address is not sold to all and sundry
    after making simple purchases online.
    
    I won't be buying online from Godiva anytime soon either.
    
    **********
    
    From: "Dave McClure" <dmcclureat_private>
    To: <declanat_private>
    Subject: RE: Direct marketing group replies: It's nutty to boycott Godiva
    Date: Fri, 5 Apr 2002 08:11:18 -0500
    Organization: usiia.org
    
    Actually, Declan, David does seem to know the common definition of spam.
    And while he perhaps should have read the fine print, he is doing
    exactly what consumers should do when confronted with these kinds of
    policies -- voting with their wallets.
    
    The premise behind the "privacy policy" approach is that consumers will
    become aware of the policies of a company, and that if they cannot agree
    with those policies, they will refuse to deal with that company.  David
    was merely passing consumer information along to other consumers to
    assist them in making a better choice.
    
    Personally, I gag over the companies that disengenuously claim they will
    not sell your data while at the same time saying they will "make the
    data available to certain third parties."  I want to know what retarded
    chimpanzee makes the decision as to what products would be of interest
    to me (with apologies to any intellectually challenged simians on the
    list).
    
    My $.02, anyway, and a tip of the hat to Mr. Touretzky.  I used to buy
    from Godiva, and he's likely saved me from making such an error in the
    future.
    
    Dave McClure
    
    **********
    
    From: "Jim Harper - Privacilla.org" <jim.harperat_private>
    To: <declanat_private>
    Subject: Re: Dave Touretzky replies to direct marketing group over Godiva
    Date: Fri, 5 Apr 2002 12:16:48 -0500
    
    Would it benefit Politechnicals to note that this David vs. Godiva conflict
    is a good example a new marketplace learning what its customs should be?  I
    don't necessarily agree with him, but Dave Touretzky is standing in the
    shoes of many consumers when he complains.  He helps companies learn what is
    appropriate and inappropriate.  They know that they risk the wrath of
    customers, and the suscpicion of potential customers, when they get it
    wrong.
    
    Many people's instinct would be that someone has to "solve" this problem.
    In fact, this argument is the solution.
    
    My line is privacy, and spam is better thought of as a question of
    incenvenience and annoyance, but I thought I 'd comment . . . .
    
    Jim Harper
    Privacilla.org
    
    **********
    
    From: Colin Reed <alephat_private>
    Message-ID: <2.1-170575623-404-A-OEWWat_private>
    To: declanat_private, politechat_private
    Cc: Dave_Touretzkyat_private, benat_private
    Date: Fri, 5 Apr 2002 17:10:05 -0800
    Subject: Re: FC: Dave Touretzky replies to direct marketing group over Godiva
    
    I was on Godiva's list for a while, but I had no trouble getting off of 
    it.  Maybe because I always check headers to see which adress a mail was 
    sent to.
    
    **********
    
    Date: Fri, 5 Apr 2002 09:45:15 -0500
    From: Rich Kulawiec <rskat_private>
    To: Declan McCullagh <declanat_private>
    Cc: Dave_Touretzkyat_private, lettersat_private,
             Godiva_Customerserviceat_private, benat_private
    Subject: Re: FC: Direct marketing group replies: It's nutty to boycott Godiva
    
     > The gentleman posting does not seem to know the common definition of
     > spam, nor actually read the posted Godiva privacy policy.  If he bought
     > something, then the email is not unsolicited as there is now a prior
     > business relationship.
    
    Actually, no, that's not the correct definition of spam.  Not surprisingly,
    marketers have frequently attempted to warp the meaning of the term
    "spam" to mean "that which we do not do".  Having been around long
    before they arrived online, I'm not buying it, and I urge others to
    also resist such attempts to redefine the term to suit those of people
    who work in marketing.
    
    "Spam" is the slang term that we netizens originally coined to
    describe the mass-posting of messages to Usenet newsgroups.  It was
    then quickly co-opted to also describe the sending of "unsolicited
    bulk email", or UBE, because it shared many of the same characteristics.
    
    There are some important things to note about UBE -- in particular,
    what it *doesn't* say:
    
    	- It says nothing about content.  Porn UBE is spam, and so
    	  is charity or political or any other UBE.  As is often said,
    	  it's not about content, it's about consent.
    
    	- It says nothing about intention, or relationships, or anything
    	  else.  This is deliberate: intentions are unknowable, and
    	  relationships are frequently redefined to suit the convenience
    	  of spammers.  (As in, "you have visited our website" to "you
    	  are now our customer" to "we are going to spam the hell out of
    	  you until you jump through our hoops to stop".)
    
    	- It says nothing about how the messages are transmitted.  UBE
    	  with forged headers sent through hijacked relays is spam;
    	  so is mail sent directly from the spammer's own servers
    	  with canonically correct headers.  (The former also includes
    	  *additional* forms of abuse besides spamming, but that's beyond
    	  the scope of this discussion.)
    
    	- It says nothing about "opt-out", because "opt-out" is merely
    	  a thinly-veiled excuse for spamming, as in "we get at least one
    	  free shot at you, maybe more if we make the opt-out process
    	  sufficiently onerous and obscure".  (And, as has been repeatedly
    	  demonstrated, it doesn't work.)
    
    	- It doesn't mention "solicited bulk email", such as the kind
    	  one gets by signing up for politech; nor does it mention
    	  "unsolicited non-bulk email", such as the kind most of us get
    	  on a daily basis from a variety of correspondents.  (Both of
    	  these are frequently put forth as strawmen by pro-spam
    	  groups like the DMA as part of their propaganda campaign
    	  against supposed "anti-commerce radicals".)
    
    The bottom line: forcibly signing up anyone for any kind of mailing
    list without their express, prior consent is spamming.  Given Dave's
    recitation of the facts, and I have no reason to doubt his accuracy on
    these points, it's clear that Godiva is doing exactly that.
    
    This is disappointing, but not surprising: I've received the same sort
    of abusive treatment from the Vermont Teddy Bear Company, SpaWish.com,
    and others after purchasing a product/service from them AND explicitly
    instructing them not to add my name to any mailing list of any kind
    for any reason.   I've now taken to using individual email addresses
    for each online company that I do business with: this makes it easier
    to block them if they commence spamming.  (It also makes it very easy
    to see who they've sold my address to, since only I and they know
    each individual address.)
    
    It's also disappointing because there's no need for such abusive tactics:
    confirmed opt-in mailing lists have been operating effectively on the 'net
    for over twenty years, and the software required to run them as well
    as effective policies for their operation are all freely available at
    zero cost.
    
    One particularly enlightening and amusing story of just how far a single
    email address can go -- being passed from spammer to spammer - is here:
    
    	http://www.honet.com/Nadine/
    
    I join Dave in urging fellow netizens to vote with their wallets: do
    not do business with companies that engage in spamming (e.g. Amazon)
    or that provide support services for spammers.  Some very useful resources
    to use to identify precisely who those companies are may be found here:
    
    	http://www.spamhaus.org/
    
    
    ---Rsk
    Rich Kulawiec
    Senior Internet Architect
    rskat_private
    
    **********
    
    From: Charlie Oriez <coriezat_private>
    Organization: Lumber Cartel [tinlc]
    To: Declan McCullagh <declanat_private>, politechat_private
    Subject: Re: FC: Direct marketing group replies: It's nutty to boycott Godiva
    Date: Fri, 5 Apr 2002 07:27:53 -0700
    X-Mailer: KMail [version 1.2]
    Cc: Dave_Touretzkyat_private, benat_private
    References: <5.1.0.14.0.20020404232654.0225ea40at_private>
    
    
    On Thursday 04 April 2002 21:29, Declan McCullagh gave up the right
    to remain silent by saying:
    
     > ---
     >
     > From: "Ben Isaacson" <benat_private>
     > To: <declanat_private>
     > Subject: RE: Time to boycott Godiva for spamming customers? By D.
     > Touretzky Date: Thu, 4 Apr 2002 23:03:00 -0500
     > Organization: AIM
     >
     > Declan,
     >
     > The gentleman posting does not seem to know the common definition
     > of spam, nor actually read the posted Godiva privacy policy.  If he
     > bought something, then the email is not unsolicited as there is now
    
    Sorry.  It looks to me like Godiva doesnt know the correct definition
    of spam.  Spam is unsolicited bulk email.  If they hide the
    disclaimer to make it difficult to see, if they dont send a
    confirmation message which you must reply to in order to confirm that
    you understand that you are signing up for a mailing list and want to
    be on it, any subsequent mailings are unsolicited and meet the
    definition of spam.
    
    Godiva seems from the discussion to be very careless in their consent
    verification steps.  I just connected with them using an email
    address which is a spamtrap used to add mail servers to one of the
    dnsbl's.  If they send one confirmation message to that address in
    keeping with best practices, the system won't add them to the dnsbl,
    but it also will not respond.  If they then spam the bejeezus out of
    it without waiting for permission, they will get added to the dnsbl.
    If Godiva understands spam, and doesn't spam, they have nothing to
    worry about. If they decide to add addresses to their database willy
    nilly without the consent of the address owners, they're going to
    have problems.
    
    http://www.mail-abuse.org/manage.html
    
    -- 
    Charles Oriez     coriezat_private
    39  34' 34.4"N / 105 00' 06.3"W
    **
    You can't be a real country without a beer and an airline.
    A football team and some nuclear weapons help, but at the
    very least you need a beer - Frank Zappa
    
    **********
    
    Date: Fri, 05 Apr 2002 08:57:45 -0500
    Subject: godiva spam
    From: "Victoria Ekstrand" <vekstrandat_private>
    To: declanat_private
    
    How about free samples with that Godiva spam? Or some real dollars off in
    the form of coupons?
    
    Good marketers know customers are less apt to be annoyed by mailings if what
    they're sending has real value.
    
    After all, many of us put up with those supermarket circulars because we
    actually benefit at the cash register. The same goes for those promotional
    clubs like Hallmark.
    
    Yes, we give up a bit of privacy. But money talks. Particularly for most
    Americans who don't even know what an Internet privacy policy is.
    
    It's the random stuff -- an alleged "sale" here and there or newsletters --
    that annoy me.
    
    Truffles would be fine, thank you.
    
    Victoria Ekstrand
    Ph.D. candidate, Park Fellow
    University of North Carolina -- Chapel Hill
    School of Journalism and Mass Communication
    
    **********
    
    Date: Fri, 05 Apr 2002 08:31:35 -0500
    From: "J.D. Abolins" <jda-irat_private>
    Subject: Re: FC: Dave Touretzky replies to direct marketing group over Godiva
    In-reply-to: <20020405082421.A4493at_private>
    X-Sender: jda-irat_private
    To: declanat_private
    Cc: Dave_Touretzkyat_private, benat_private
    
     > From: Dave_Touretzkyat_private
    
    [...]
     > What I asked Godiva to do when I wrote to them was remove me entirely
     > from their database.  Forget I ever existed, because they're not going
     > to make another dime in sales from me for as long as they continue to
     > treat their customers with this kind of contempt.
     >
     > Not surprisingly, there has been no reply.
    
    This is a ongoing personal info control issue. The obligation to delete is 
    not well supported. There is a better chance in preventing certain uses of 
    the data.
    
    Various businesses will insist that once the customer gave the mailing and 
    other info, the database entry belongs to them. Many customers will insist 
    that they retain some control over the info. Some attempt is made to 
    negotiate this through contracts and policies. But the negotiation is often 
    clumsy as this thread indicates.
    
    A similar problem exists with government databases. I recollect a case in 
    Virginia years ago where parents suspected of abusing their children sought 
    to have their record deleted from the state's database of suspected abusers 
    after state investigators cleared the parents. The parents argued that 
    because the investigators found no cause to take action regarding child 
    abuse, their names should be removed from the database. The state insisted 
    that the records belong to them and the records were important to document 
    the agencies' activities. Also even if a person is cleared, many agencies 
    find it handy to have the record in case future allegations are made. 
    Expungement, in the sense of sealing the records from certain uses, is 
    possible in many places but total wiping of records is difficult anywhere.
    
    That is why I emphasize "front end" disclosure control privacy protection 
    rather than post disclosure methods. The post-disclosure methods, often 
    don't work well and can sometimes trample upon rights such as freedom of 
    speech.
    
     > When customers insist on REAL privacy policies instead of fig leaves,
     > companies do comply, or their customers go elsewhere.  I order my
     > books from Barnes & Noble, not Amazon, because of Amazon's repeated
     > bad behavior.  Godiva may be a big name, but there are lots of other
     > chocolatiers selling over the web who do not thumb their noses at
     > customer privacy.  I urge Politech readers to patronize them.
    
    The problems Dave described with Godiva's online purchasing could happen 
    with any of the above entities at some time. Yes, switching to online 
    business that suit one's needs and preferences is good. But consider taking 
    the business to offline outlets where one can have greater privacy 
    controls: paying in cash (how subversive!), avoid 
    "courtesy/loyalty/discount" cards, not buying extended warranties, and so 
    on. By going to the local candy store and buying Godfiva chocolates, I can 
    avoid all the email and database hassles. If somebody is looking to make a 
    statement regarding Godiva's or somebody else's online marketing practices, 
    the boycott of a disagreeable online approach does remove a bit from the 
    profitability of the online retail site.
    
    J.D. Abolins
    Meyda Online Info Security & Privacy Studies
    http://www.MeydaOnline.com
    
    **********
    
    From: "Downes, Stephen" <Stephen.Downesat_private>
    To: "'declanat_private'" <declanat_private>
    Subject: RE: Direct marketing group replies: It's nutty to boycott Godiva
    Date: Fri, 5 Apr 2002 07:04:41 -0500
    MIME-Version: 1.0
    
    Another todbit...
    
    Ben Isaacson writes, "If he bought something, then the email is not
    unsolicited as there is now a prior business relationship."
    
    It occurs to me: people - myself included - do not shop over the web, not
    because they think someone will steal their credit card number, but because
    they know that if they buy even one thing then they will be deluged by spam.
    
    Put another way: nobody wants an ongoing "relationship" with Godiva: they
    just want a box of chocolates.
    
    -- Stephen
    
    Stephen Downes  -  http://www.downes.ca  --  stephenat_private
    
    **********
    
    From: "D McOwen" <dmcowenat_private>
    To: <declanat_private>, <politechat_private>
    Cc: <Dave_Touretzkyat_private>, <benat_private>
    Subject: RE: Direct marketing group replies: It's nutty to boycott Godiva
    Date: Fri, 5 Apr 2002 06:27:12 -0500
    Message-ID: <NCBBLLCKEFIGAFOKNBDLGECECLAA.dmcowenat_private>
    
    Interesting Ben,
    
    You say Opt-out but these people never asked if you wanted to Opt in.
    Purchasing a product now means automatic spam as if you are actually
    purchasing spam and we're supposed to be happy about that?
    
    The same is true about all those "Free" chance to win stuff all over the
    place both offline and on-line, in the malls it's the boxes all over the
    place where you fill out a post card that asks for your e-mail, fill that
    out and viola, a ton of spam. You don't see clearly that you are Opting in
    for the spam. With products that's called bait and switch and illegal, with
    "Chances" and Free" stuff bait and switch with spam is OK? The online sites
    are the same but worse because the process is so automated and proliferated
    amongst more computers and lists.
    
    So everything we do now is automatic Opting in, that sounds pretty nuts to
    me.
    
    Dave McOwen
    
    **********
    
    
    
    
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