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Open Rates Aren’t Dead. The Lawyers Just Put Them Behind Bars.

For years, marketers have declared that open rates were dead. In fact, I spoke to open rates on their own being a vanity metric in The 2026 Metrics That Matter Most (And Why Vanity Metrics Don’t).

Apple Mail Privacy Protection inflated them. Security scanners distorted them. Image proxying made them increasingly unreliable. Before long, open rates had become the metric everyone claimed not to care about—while quietly continuing to use the to trigger automations, judge campaign performance, and celebrate success. else’s fault.


Now, privacy regulators are entering the conversation.

In 2026, France’s data protection authority finalized guidance that treats email tracking pixels much like cookies, meaning organizations generally need consent before tracking whether an email has been opened. Italy followed with similar guidance, requiring prior consent for most tracking-pixel use cases.

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