AOL and Yahoo will soon start using Goodmail, a system that lets bulk email senders bypass the companies’ spam filters by paying the companies one-fourth of a cent per message, and promising not to send unsolicited messages, according to a New York Times story by Saul Hansell.
Pay-to-send systems are one standard response to spam. The idea is that raising the cost of sending a message will deter the kind of shot-in-the-dark spamming that sends a pitch to everybody in the hope that somebody, somewhere, will respond. The price should be high enough to deter spamming but low enough that legitimate email won’t be deterred. Or so the theory goes.
What’s different here is that senders aren’t paying for delivery, but for an exemption from the email providers’ spam filters. As Eric Rescorla notes, this system creates interesting incentives for the providers. For instance, the providers will have an incentive to make their spam filters overly stringent – so that legitimate messages will be misclassified as spam, and senders will be more likely to pay for an exemption from the filters.
There’s an interesting similarity here to the network neutrality debate. Net neutrality advocates worry that residential ISPs will discriminate against some network traffic so that they can charge web sites and services a fee in exchange for not discriminating against their traffic. In the email case, the worry is that email providers will discriminate against commercial email, so that they can charge email senders a fee in exchange for not discriminating against their messages.
Is this really the same policy problem? If you advocate neutrality regulations on ISPs, does consistency require you to advocate neutrality regulations on email providers? Considering these questions may shed a little light on both issues.
My tentative reaction to the email case is that this may or may not be a smart move by AOL and Yahoo, but they ought to be free to try it. If customers get fewer of the commercial email messages they want (and don’t get enough reduction in spam to make up for it), they’ll be less happy with AOL and Yahoo, and some will take their business elsewhere. The key point, I think, is that customers have realistic alternatives they can switch to. Competition will protect them.
(You may object that switching email providers is costly for a customer who has been using an aol.com or yahoo.com email address – if he switches email providers, his old email address might not work any more. True enough, but a rational email provider will already be exploiting this lock-in, perhaps by charging the customer a slightly higher fee than he would pay elsewhere.)
Competition is a key issue – perhaps the most important one – in the net neutrality debate too. If commercial ISPs face real competition, so that users have realistic alternatives to an ISP who misbehaves, then ISPs will have to heed their customers’ demand for neutral access to sites and services. But if ISPs have monopoly power, their incentives may drive them to behave badly.
To me, the net neutrality issue hinges largely on whether the residential ISP market will be competitive. I can’t make a clear prediction, but I know that there are people who probably can. I’d love to hear what they have to say.
What does seem clear is that regulatory policy can help or hinder the emergence of competition. Enabling competition should be a primary goal of our future telecom regulation.
