SURBL does not ask whether your outreach is legal. CAN-SPAM compliance, a real offer and a working opt-out do not enter into it. The only test is whether your links appear in mail the recipient never asked for.
SURBL describes its sources this way (
SURBL Lists):
- its own proprietary research, including passive DNS and zone files from TLD operators
- data from security, anti-abuse, ISP and ESP communities
- spam traps: the CT list description says it covers senders whose mail also reaches traps
A spam trap is an address that never signed up for anything. Any mail it receives is unsolicited by definition.
Our theory on where some of these traps come from: blocklist operators buy the domains of companies that have shut down, keep the old website up or park it, and collect everything sent to those addresses. SURBL has not confirmed this. It does fit what we see, because stale B2B contact lists are full of people at companies that no longer exist.
The consequence for a sender is the same either way. One old list with a few trap addresses is enough to get a domain listed, even if every other recipient is a real prospect.