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FTC States Bloggers Must Disclose Paid Reviews

An anonymous reader writes to tell us that in the first revision of how endorsements and testimonials work since 1980, bloggers will now be required by the FTC to clearly disclose freebies or payments they received for product reviews. "the commission stopped short Monday of specifying how bloggers must disclose any conflicts of interest. The FTC said its commissioners voted 4-0 to approve the final guidelines, which had been expected. Penalties include up to $11,000 in fines per violation. The rules take effect Dec. 1."

310 comments

  1. Astroturfing. by JCSoRocks · · Score: 4, Insightful

    Maybe the astroturfing garbage will finally stop... or at least be more obvious.

    --
    You are using English. Please learn the difference between loose and lose; they're, there, and their; your and you're.
    1. Re:Astroturfing. by Anonymous Coward · · Score: 0, Troll

      Oh please. It has not prevented David Pogue fapping over every Apple thing ever. And he writes for NYT.

    2. Re:Astroturfing. by moogsynth · · Score: 5, Insightful

      Maybe the astroturfing garbage will finally stop... or at least be more obvious.

      That's pretty naive. Of course it will continue. Although it will be obvious to you or me, it will still be somewhat deceptive. They'll probably try and portray the freebies themselves as positive endorsements for Company X. "Luckily for me they even included a stylish bag to carry it around in! These will be sold separately and I must say they look super stylish!!!!1"

    3. Re:Astroturfing. by Anonymous Coward · · Score: 4, Insightful

      Nothing good will come of this except more $$$ for more government positions or contractors.

    4. Re:Astroturfing. by EastCoastSurfer · · Score: 2, Insightful

      You should always assume everything you read is biased. If it wasn't biased why would you read it anyways? The best you can do is hope to find someone with your similar biases and even then you still have to make your own decision.

    5. Re:Astroturfing. by sampas · · Score: 5, Informative

      The new FTC rules aren't exclusive to bloggers. They cover celebrities, too. You can read the proposed rule changes on the FTC's site here: http://www2.ftc.gov/opa/2009/10/endortest.shtm and in detail here: http://www2.ftc.gov/os/2009/10/091005endorsementguidesfnnotice.pdf . Saying "results not typical" won't make it legal any more. Also, ads will need to disclose sponsored "independent research," e.g. "we paid this doctor $10k to help us sell this garbage." Finally, maybe Slashdot stories could include links to the primary source?

    6. Re:Astroturfing. by mrjohnson · · Score: 4, Insightful

      Not in time to prevent the massive astroturfing campaign for Windows 7, however...

    7. Re:Astroturfing. by Anonymous Coward · · Score: 0

      I wonder if this includes people who bought gen1 prius, subsequently got priority AND DISCOUNT on gen2 and gen3 where the discount is not supposed to be talked about.

    8. Re:Astroturfing. by Red+Flayer · · Score: 5, Funny

      I know, don't feed the trolls...

      But seriously... if slashdot "went straight down the toilet" -- and you're still here -- that implies you're a turd.

      Just thought you should know.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    9. Re:Astroturfing. by bonch · · Score: 1, Insightful

      Except that he hasn't fapped over every Apple thing ever. He pretty convincingly addressed all this with Leo Laporte on a recent episode of TWIT.

    10. Re:Astroturfing. by mcmonkey · · Score: 4, Insightful

      Why would you hope for someone with similar biases?

      For something like game reviews, yes, if the reviewer and I have liked the same games in the past then I have a better shot at liking the new game that just got the good review.

      However for political and social commentary, what do I get from reading a web log written from the point of view of my own biases? Someone to tell me what I already believe so I can respond with how insightful the poster is?

      If I read a web log written from a different perspective, I might actually learn something (I know--scary thought).

      At least then when I walk away with my same old biases, they've been positively reenforced by standing up to counterargument rather than coming out of the echo chamber of people who all agree.

    11. Re:Astroturfing. by Runaway1956 · · Score: 2, Funny

      "Maybe the astroturfing garbage will finally stop... or at least be more obvious."

      I want to see how that works out on slashdot. It should be amusing.

      Anonymous Coward posts:

      Linux sucks, only gays want it, only idiots and democrats use it. Apple is for elitest homos and republicans. Unix only works for fossilized fags who dream in binary. MS rocks, Gates is God, and Ballmer is the messiah.

      Disclaimer: AC is paid $25 per thousand words by Microsoft corporation to bash Linux and Apple while praising MS.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    12. Re:Astroturfing. by EastCoastSurfer · · Score: 4, Interesting

      Good point, I was thinking about reviews, but ended up writing about everything. My point is that full disclosure is generally a worthless charade. Even though this is specifically about investments it's the best explanation of the sham of full disclosure I've seen.

    13. Re:Astroturfing. by Anonymous Coward · · Score: 0

      If it wasn't biased why would you read it anyways?

      Because there used to be this thing called reporting. It used to list facts in an objective manner, and was not slanted with the writer's opinions. The benefit of this was it used to let us think for ourselves and form our own opinions, rather than letting others think for us. (Though I do appreciate we may never have actually had that in this country, it would still be nice to have.)

    14. Re:Astroturfing. by amicusNYCL · · Score: 1

      Saying "results not typical" won't make it legal any more.

      Good, every time I see one of those ads for an online computer diagnostic service (name withheld) which claims that it can "immediately diagnose any hidden problems" I always get the urge to create a hidden problem, prove that they can't "immediately" diagnose it, and then sue them for misleading advertising. That little disclaimer is the only thing that stops me.

      Also, procrastination and not wanting to actually do that stops me too, it just annoys me to see those commercials because I know that they're just preying on people who don't know any better.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    15. Re:Astroturfing. by Shakrai · · Score: 1

      Malda thrives on astroturfing, it's what keeps this site alive.

      I guess Apple must have missed his memo then, because I wouldn't exactly call his review of the iPod astroturfing ;)

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    16. Re:Astroturfing. by Shakrai · · Score: 3, Interesting

      However for political and social commentary, what do I get from reading a web log written from the point of view of my own biases? Someone to tell me what I already believe so I can respond with how insightful the poster is?

      Unfortunately that seems to be the state of the majority of our political discourse. People fill up on web logs that cater to their own biases (Dailykos, Redstate) or watch "news" networks (MSNBC, Fox) that do the same. Why expose yourself to competing points of view when you can join an echo chamber and shout down anyone who dares to disagree with the group think?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    17. Re:Astroturfing. by nametaken · · Score: 1

      PLEASE let this be the end of those goddamn Extenze commercials.

    18. Re:Astroturfing. by Derwin45 · · Score: 1

      Sen. Bentsen first used it back in the mid-eighties. I'm showing my age. Modern Man

    19. Re:Astroturfing. by Tetsujin · · Score: 3, Funny

      But seriously... if slashdot "went straight down the toilet" -- and you're still here -- that implies you're a turd.

      Now now, he could also be a dead goldfish, or a gob of hair picked out of the shower drain...

      --
      Bow-ties are cool.
    20. Re:Astroturfing. by kannibal_klown · · Score: 4, Insightful

      Personally for reviews I like to find the ones reporting problems or other low-scoring responses.

      Great, 80% of the owners on the forum LOVE this car and think it's god's gift. Good for you.

      I want to read from that other 20% where people are talking about rattling, quirks, and bad experiences.

      Those 80% are usually from Joe Sixpack applauding the number of cup holders and the glovebox, or couldn't tell a quality DLP tv from a 10-year-old analog projector TV.

      I like to get some of the good reviews too, and sometimes a bad review is just the writer's bias showing, but I find it informative.

    21. Re:Astroturfing. by blackraven14250 · · Score: 2, Funny

      No, it just means they'll have to put it on the bottom of the screen for 2.5 seconds in type so small you can't read it.

    22. Re:Astroturfing. by Anonymous Coward · · Score: 0

      Haha, somebody got his panties in a twist.

    23. Re:Astroturfing. by Red+Flayer · · Score: 1

      A little touchy, aren't you?

      Maybe we'll take back the keyboard until you're responsible enough to use it... maybe your 10th birthday?

      And if you care enough about my response to your, umm, "delightful" post to read my journal... well... the jokes on you, buddy. It seems I've wasted more of your time today than you've wasted of mine... so if you're not sincere and really a troll -- I've won. Admit it, you're a weak troll. You're awful at it.

      If you are sincere... do us all a favor and take a long walk off a short pier.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    24. Re:Astroturfing. by cowscows · · Score: 1

      There's a good argument to be made to also include sites that write from opinions that differ from yours, but I wouldn't say that a site that I generally agree with is useless. They might have access to information that I don't, in which case I can certainly learn something.

      .

      --

      One time I threw a brick at a duck.

    25. Re:Astroturfing. by misexistentialist · · Score: 1

      Or a tampon. Clog-inducing, but with an illustrious past.

    26. Re:Astroturfing. by thisisaccount2 · · Score: 1

      Also:
      We nerds tend to root for the guy with the best flame-war grammar.
      Just thought you should know. Red Flayer wins this one.

    27. Re:Astroturfing. by BatGnat · · Score: 1

      No, because it only covers American's posting on the web.
      --
      You are using American English. Please learn to spell correctly.

    28. Re:Astroturfing. by E+IS+mC(Square) · · Score: 0, Offtopic

      A murder says he is not a murderer? Of course! It has to be true!!!

    29. Re:Astroturfing. by shentino · · Score: 1

      I've never known abstract things as events to have speech capability, let alone gender.

    30. Re:Astroturfing. by metamatic · · Score: 1

      For video games, I tend to read a few of the top scoring reviews, and a few of the bottom scoring reviews. The former tells me what I'm likely to enjoy about a game, the latter warns me of things that may really annoy me.

      Plus, the most amusing reviews tend to be the most vitriolically negative ones.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    31. Re:Astroturfing. by falconwolf · · Score: 2, Interesting

      Good point, I was thinking about reviews, but ended up writing about everything. My point is that full disclosure is generally a worthless charade. Even though this is specifically about investments it's the best explanation of the sham of full disclosure I've seen.

      Thanks for the link. I think what concerns some people though, right up the investment alley, is what I heard a board member maybe the CEO of Whole Foods did some tyme ago. If I recall right Whole Foods was in talks to buy a competitor, and this person using an alias started badmouthing the competitor on investment boards so as to drive it's stock price down.

      On the other hand if others are allowed to make entries on blogs the blog owner shouldn't be held liable over what a poster posts. Unless that is it is the policy of the blogger to approve posts before they're added.

      Falcon

    32. Re:Astroturfing. by networkBoy · · Score: 1

      you mean like /.?

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    33. Re:Astroturfing. by thejynxed · · Score: 1

      The unfunny thing, is that is what they already do.

      Now they won't even be able to get away with doing that, because they have no basis for any of the claims made in the commercial to begin with.

      There are no doctors out there that would be willing to go on TV to support Extenze either, as even the shadiest of doctors doesn't want to be associated with the likes of Ron Jeremy on national television.

      --
      @Mindless Drivel: 100% of Twitter posts ever Tweeted.
    34. Re:Astroturfing. by E+IS+mC(Square) · · Score: 1

      Touche!

    35. Re:Astroturfing. by MindlessAutomata · · Score: 1

      The CEO of Whole Foods story is overblown--he basically just made a few of his personal opinions anonymously on usenet. Nothing that could ever drag stock prices down.

    36. Re:Astroturfing. by imagmast · · Score: 1

      At least then when I walk away with my same old biases, they've been positively reenforced by standing up to counterargument rather than coming out of the echo chamber of people who all agree.

      We don't allow that at Fox News!

    37. Re:Astroturfing. by mysidia · · Score: 1

      No, they'll just go underground. I expect to see the number of bloggers revealing their true identities decreasing substantially, and more using anonymous proxies and various means to post pseudononymously without fear of recourse.

    38. Re:Astroturfing. by dave420 · · Score: 1

      ... that you have no evidence of. Nice.

  2. Get paid... by Protonk · · Score: 5, Funny

    So we'll be seeing fewer reviews on slashdot, then?

    1. Re:Get paid... by stoolpigeon · · Score: 2, Insightful

      I do a lot of book reviews, I don't see that slowing down. I can't imagine anyone thinks book reviewers buy all those books, especially the ones they review before the book is publicly available. I also never imagined that movie reviewers paid to see the films they review, even though they didn't say it explicitly. Adding in some boilerplate about being given a ticket of the film or a review copy of the book isn't a big deal, so I don't care, but I don't think it is really necessary.
       
      What else get's reviewed here? Some games sometimes. I think usually everything else is a link to a review done by someone else for the most part. So I don't really imagine it's going to have a huge impact on the reviews that are posted here. Maybe I'm forgetting something though.
       
      What I don't see this stopping is the people who get paid to comment in the discussions of those reviews. Or anything talking about various companies products. Who's going to take the time to try and figure out who all those people are and then prove the link between them and their employer?

      --
      It's hard to believe that's how Micronians are made. Why don't we see it right now by having you both kiss one another?
    2. Re:Get paid... by aztracker1 · · Score: 1

      I'm willing to provide a review of the Tesla Roadster for a copy.. ;)

      --
      Michael J. Ryan - tracker1.info
    3. Re:Get paid... by pushing-robot · · Score: 1

      I can't imagine anyone thinks book reviewers buy all those books, especially the ones they review before the book is publicly available.

      We just assumed you were pirating them.

      --
      How can I believe you when you tell me what I don't want to hear?
    4. Re:Get paid... by Ephemeriis · · Score: 1

      I don't see this solving any problems at all.

      I do a lot of book reviews, I don't see that slowing down. I can't imagine anyone thinks book reviewers buy all those books, especially the ones they review before the book is publicly available. I also never imagined that movie reviewers paid to see the films they review, even though they didn't say it explicitly. Adding in some boilerplate about being given a ticket of the film or a review copy of the book isn't a big deal, so I don't care, but I don't think it is really necessary.

      Anybody who reviews anything professionally - whether it is for a magazine or newspaper or website or blog or whatever - isn't paying for the stuff they're reviewing.

      If it's something that isn't publicly available yet, there'll typically be some mention that AcmeCorp was nice enough to send over a demo model... If it's something that is currently available to the public there may not be a mention of where they got their review copy from, but I don't think anybody out there honestly believes this stuff is being purchased retail.

      These professional reviewers might have to add some boilerplate to their articles... Or maybe the website will just add a page detailing their review policies and where the merchandise comes from... But the review process is going to be completely unchanged.

      What I don't see this stopping is the people who get paid to comment in the discussions of those reviews. Or anything talking about various companies products. Who's going to take the time to try and figure out who all those people are and then prove the link between them and their employer?

      Astroturfing is where this could potentially be useful...

      If I go to NewEgg looking for a motherboard, I'm not at a professional review site. There's an assumption that the customer reviews come from real customers - not paid reviewers. I'm kind of assuming that they actually purchased the product for their use. And this is where paid shills cause damage. It's downright misleading.

      But, as you point out, there isn't a good way to police this. There will be hundreds of reviews for any given product on NewEgg or Amazon... From hundreds of different people... Who is going to check each of those comments? How will you ensure that people are actually honestly reporting their affiliations and who paid for their products?

      And then there's the question of just how far they're going to try to extend this...

      If I comment on my blog that the seats in theater X are far nicer than those in theater Y, do I need to mention that I got the ticket to that last movie for free with my reward card at theater X? And if I don't, is theater Y going to be able to make my ISP shut down my website?

      What about a comment made on a forum like this? If I were to post my $0.02 about a game that I'd gotten for free, and didn't fully disclose how I got the game, is someone going to be able to get my comments removed?

      Or, perhaps, in order to facilitate proper enforcement we'll soon see a new law that requires every blog/username/account be associated with a real human being - verified by SSN or phone number or something.

      --
      "Work is the curse of the drinking classes." -Oscar Wilde
    5. Re:Get paid... by Blink+Tag · · Score: 2, Informative

      It's not the free copies of books/movies/whatever that are troubling (to me). It's the strong correlation between positive reviews and lucrative advertising contracts on some sites that I find deceptive. That's the part that should be disclosed.

      But that sort of activity is difficult to regulate against without banning product ads on the sites that review those same products.

  3. US only by Monoman · · Score: 4, Interesting

    What about bloggers that are not U.S. citizens?

    --
    Keep the Classic Slashdot.
    1. Re:US only by MarkRose · · Score: 1, Troll

      Then they don't suffer such fascist oppression. Unless, of course, their country happens to have an extradition treaty with the US...

      --
      Be relentless!
    2. Re:US only by Anonymous Coward · · Score: 0

      Thank god I'm not in one of them..

      Imagine having to follow your own legal system, and top of that the ridiculous US system, too!

    3. Re:US only by Fulcrum+of+Evil · · Score: 4, Informative

      Last I checked, most places won't extradite you for things that aren't crimes in their legal code, especially when you did the deed in that country in the first place.

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    4. Re:US only by Anonymous Coward · · Score: 0

      Yeah, because requiring people to disclose the fact they pretend to be joe average consumer but actually got paid, cash or *otherwise* to be a shill is sooooooooooooo fascist.

      Sorry, but when it comes to the thick layer of scum that covers all forms of advertising these days, its pretty hard to defend it with a straight face.

    5. Re:US only by Yvan256 · · Score: 5, Funny

      although cultural references can sometimes give it away.

      What makes you say that, eh?

    6. Re:US only by Anonymous Coward · · Score: 0

      A rose by any other colour...

    7. Re:US only by countertrolling · · Score: 1

      What do you think Gitmo and all those secret renditions are for? If you're not a citizen, they can hold you forever without charging you with anything. Unauthorized communications are all suspect. So then, what defines a "blogger"? Anybody who makes a comment on the internet?

      --
      For justice, we must go to Don Corleone
    8. Re:US only by Shakrai · · Score: 1

      although cultural references can sometimes give it away.

      Yada, yada, yada, I have no idea what you are talking about. Now if you'll excuse me, I have to go welcome our astroturfing overlords.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    9. Re:US only by Hojima · · Score: 1

      although cultural references can sometimes give it away.

      copy + paste = gone

    10. Re:US only by Anonymous Coward · · Score: 0

      Not quite the same thing but getting close... http://ca.reuters.com/article/domesticNews/idCATRE58R5ER20090928

    11. Re:US only by amicusNYCL · · Score: 1

      You don't have to follow our legal system if you don't want to do business in the US. If you want to advertise and sell to US citizens, then you agree to operate by our rules. If you don't agree to do that, then don't sell to us. Pretty simple.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    12. Re:US only by Shakrai · · Score: 0, Flamebait

      Last I checked, most places won't extradite you for things that aren't crimes in their legal code

      In the case of France they won't even extradite you if you rape a 13 year old girl and flee from justice after admitting to your crime.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    13. Re:US only by Nathrael · · Score: 1

      On the other hand, they might not enjoy the rights to free speech or self defense. Or suffer from atrociously high taxes. Or maybe get told to bend over for the government in another way. There may be quite a lot of problems US citizens have to cope with, but it's certainly still better there than in lots of other "civilized" nations.

      [smallprint]This review was commissioned by the US Federal Government.[/smallprint]

      --
      A good education is a bit like a STD - it makes you unsuitable for a lot of jobs and gives you a desire to spread it.
    14. Re:US only by pete6677 · · Score: 3, Insightful

      Companies won't even have to move their astroturfing overseas. They'll just have to redefine compensation and promotions.

      It's much like what political lobbyists do to get around laws against bribery: call it something else. It's no longer a paid review; it's promotional consideration, a free sample, whatever the law did not yet address. The law will not get rid of paid reviews anymore than campaign finance reform got rid of influence peddling.

    15. Re:US only by Anonymous Coward · · Score: 0

      You cannot tell whether someone is typing with an American accent on the net - although cultural references can sometimes give it away.

      Crickey, A bloke of one of my mates was sipping on a cuppa adam's ale while eating some shrimp off the barbie... I bet you two bob and an deener that an after dark net astroturfer might make you feel like a few Kangaroos loose in the top paddock. It's the acid, man. We need to tee up quick smart and nip this one like empties in a wally's pouch!

      Dundee in Raleigh, North Carolina.

    16. Re:US only by Fulcrum+of+Evil · · Score: 1

      France doesn't extradite its citizens, especially to the US. Apparently, this is due to our death penalty. But hey, why bring Polansky into a thread about paid blogger reviews?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    17. Re:US only by AnalPerfume · · Score: 1

      Yep, like the Indian workers who are given training in entertainment shows and sports references to fool the caller they didn't just dial half way round the world.

      "Hello my name is Hank"

      I'm guessing it'll force the non-English native writers to be better at pretending, and force the US based writers to add more mistooks in to try and make people think they're not in the US, so the laws don't apply to them.

      Gotta love these honest corps huh? Anytime a law comes in that forces them be be honest they'll seek a way round it to continue shafting people.

    18. Re:US only by Abreu · · Score: 2, Funny

      What I'm sayin' esse, is that these gringos locos from Apple have a new bitchi'n iPod, esse

      Much Respect to the vatos in Apple, esse

      --
      No sig for the moment.
    19. Re:US only by MyLongNickName · · Score: 3, Funny

      You are from Los Angeles?

      --
      See my journal for slashdot ID's by year. Mine created in 2005. http://slashdot.org/journal/289875/slashdot-ids-by-year
    20. Re:US only by Abreu · · Score: 2, Interesting

      Some ten years ago, when I was working at a call center that received calls from the US and Canada, the management decided put a TV in the Lunch/Break room playing non-stop the various popular american sitcoms of the time, in English, no subtitles.

      The idea was to get the agents to listen to the "standard american TV accent" so that they would unconsciously imitate it.

      According to the customer satisfaction surveys, it did work... Also, I know more about the plots and subplots of "Friends" than I want to admit here...

      --
      No sig for the moment.
    21. Re:US only by Shakrai · · Score: 1

      Because it's a slow news day?

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    22. Re:US only by misexistentialist · · Score: 1

      If the US reciprocates, I call dibs on the Mona Lisa.

    23. Re:US only by mewsenews · · Score: 3, Interesting

      The proper usage of "eh?" is following a statement. It's an expression that looks to garner agreement.

      Proper usage: Oh man, it's cold out eh?

      Improper usage: Did you file those TPS reports eh?

      Sincerely,
      Canadian Cultural Relations Committee, Winnipeg

    24. Re:US only by KDR_11k · · Score: 1

      US based writers tend to give themselves away with their bad English (e.g. inability to tell the difference between there/their/they're).

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    25. Re:US only by Darby · · Score: 1

      if you rape a 13 year old girl

      Come now, "if you ass rape a 13 year old girl".

      Sounds more heinous and it's also true ;-)

    26. Re:US only by KDR_11k · · Score: 1

      In a country with an extradition treaty with the US?

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    27. Re:US only by Anonymous Coward · · Score: 0

      lols, its ez to tell when u r proper amerikan cuz u don't looose ur expensiv educaton over the webs, which is worth it's' weight in gold (thats' in English ounces, not forign troy ounces or gramms).

    28. Re:US only by amicusNYCL · · Score: 1

      In a country with an extradition treaty with the US.. what? In a country with an extradition treaty with the US, you can either choose to not sell to US citizens, and you don't have to comply with any of our trade laws, or else you do want to sell to US citizens, in which case you do have to comply with our relevant trade laws. It's not like if you do something illegal in another country that you have to answer to the US. If you're smoking pot in the Netherlands you're not going to get extradited to the US to stand trial for smoking pot in the Netherlands.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    29. Re:US only by tkw954 · · Score: 1

      Last I checked, most places won't extradite you for things that aren't crimes in their legal code, especially when you did the deed in that country in the first place.

      Tell that to Marc Emery.

    30. Re:US only by WhatAmIDoingHere · · Score: 1

      Just like they use telemarketers in India to get around Do Not Call. When will the the Government figure out they can't pass laws in foreign countries?

      --
      Not a Twitter sockpuppet... but I wish I was.
    31. Re:US only by Anonymous Coward · · Score: 0

      Many countries have laws requiring advertising to be labelled as such.

      Regarding extradition, the laws don't have to be word-for-word identical, merely "equivalent". E.g. if the US wanted to extradite from the UK for tax evasion, the fact that the UK laws require you to file tax returns with HMRC rather than with the IRS doesn't matter.

      And if the penalty is a fine, they don't need to extradite (or otherwise obtain the cooperation of another country) to enforce the judgement. If you're obtaining revenue from US companies, they can just order those companies to deduct the fine from the payments; and if you try to buy anything from the US, the payment will get diverted.

    32. Re:US only by falconwolf · · Score: 1

      You don't have to follow our legal system if you don't want to do business in the US. If you want to advertise and sell to US citizens, then you agree to operate by our rules. If you don't agree to do that, then don't sell to us. Pretty simple.

      Sale yes, advertise no. In the US online gambling is illegal, unless it's the government doing it, but I still see online casino ads in the US. If someone in another country wants to target people in the US to advertise to there's nothing the government can do, Chinese are even finding ways to knock holes in the Great Firewall.

      Falcon

    33. Re:US only by Abreu · · Score: 1

      (Score:1, Flamebait)

      Really? I thought it was ok to mock your own ethnicity...

      --
      No sig for the moment.
    34. Re:US only by PReDiToR · · Score: 1

      Who says OP was speaking Canadian?

      Here in Yorkshire (part of England, UK) we nearly always add "ey" "hey" or "eh" to questions.

      --

      Do not meddle in the affairs of geeks for they are subtle and quick to anger
    35. Re:US only by falconwolf · · Score: 1

      you can either choose to not sell to US citizens, and you don't have to comply with any of our trade laws, or else you do want to sell to US citizens, in which case you do have to comply with our relevant trade laws

      Except the WTO already ruled the US can be financially penalized because of it's laws.

      If you're smoking pot in the Netherlands you're not going to get extradited to the US to stand trial for smoking pot in the Netherlands.

      No but if you pass through the US flying from one country to another and merely land at a US airport you can be arrested. You don't even need to leave the international area.

      Falcon

    36. Re:US only by ravenspear · · Score: 1

      In that case, just don't bring motherfucking pot on a motherfucking plane. :)

    37. Re:US only by RealGrouchy · · Score: 3, Funny

      Actually, the extraneous variant of "eh" is permitted for the purpose of exaggerating Canadian mannerisms to Americans.

      - RG>

      --
      Hey pal, this isn't a pleasantforest, so don't waste my time with pleasantries!
    38. Re:US only by Shakrai · · Score: 1

      Yeah, but he only ass raped her to do her a favor.

      The sad thing is I'm not joking. I made the mistake of reading the grand jury transcripts a few days ago. He ass raped her because she wasn't on the pill and couldn't remember when her last period was. Charming fellow, isn't he?

      I hope he spends the rest of his natural life in an overcrowded pound-me-in-the-ass California prison. As far as I know they don't have any other kind right now.....

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    39. Re:US only by Toonol · · Score: 1

      The FTC rules only apply to people in the US. Once again this is an example of how one country's laws are meaningless on the Internet. They will simply pay non-Americans to astroturf.

      Solution: Ignore opinions from any known non-American. Hell, most of us do that anyway.

    40. Re:US only by falconwolf · · Score: 1

      In that case, just don't bring motherfucking pot on a motherfucking plane. :)

      A British citizen flying to Antigua and Barbuda in the Caribbean was arrested in a US airport because he ran an online casino from Antigua and Barbuda that took bets from the US. In a case Antigua brought against the US however the WTO ruled Antigua could level a US$21 million sanction against the US for criminalizing online offshore gaming when online onshore gambling is allowed. As part of the ruling Antigua had the right to disregard intellectual property obligations to the US. They could have for instance copied and distributed legal copies of MS Windows Vista without paying Microsoft for licenses.

      That US$21 million was far less than Antigua asked for, which was US$3.5 billion.

      Falcon

    41. Re:US only by cerberusss · · Score: 1

      although cultural references can sometimes give it away.

      What makes you say that, eh?

      ACHTUNG!

      Ze parent post vas compleening about him not being able to recoknize ze cultural background of ze vriter.

      VICH IS REDICULOUS! YOU VILL RECOGNIZE ZE GENIUS OF GERMAN AUTHORS EVERYVERE!

      --
      8 of 13 people found this answer helpful. Did you?
    42. Re:US only by Anonymous Coward · · Score: 0

      Except for the UK who will (to the US) because our politicians were/are and most likely will remain spineless self serving ass hats.

  4. What about politicians? by Anonymous Coward · · Score: 5, Insightful

    Stop calling it lobbying and call it by its real name: bribery. Will the politicians be fined to death in slices of $11K?

    1. Re:What about politicians? by AndGodSed · · Score: 1

      How is this about politics? I thought this was about bloggers and reviewers of products? Or do politicions and their parties also get in on that act?

    2. Re:What about politicians? by doom · · Score: 2, Insightful

      How is this about politics? I thought this was about bloggers and reviewers of products? Or do politicions and their parties also get in on that act?

      It probably isn't about politics at present, but it probably should be. This grand dream of citizens collaborating to share information is going to run up against a wall of paid subversion one of these days, if it hasn't already. Requiring that people disclose who's paying them would be an obvious first step.

      But then, we also need a change in the design of these collaborative sites so you really do know who you're talking to... I'm afraid "anonymity" just can't work in the long run. Everyone likes to imagine brave Daniel Ellsbergs hiding from the fascists, but it works even better for the modern-day Goebbels of the world.

    3. Re:What about politicians? by brian0918 · · Score: 1

      Ahh yes, because Goebbels and Hitler would have been so powerful if they didn't have the voluntary backing of their countrymen to enforce their will. What you're advocating is the destruction of freedom of speech, the destruction of the internet.

    4. Re:What about politicians? by doom · · Score: 1

      "What you're advocating is the destruction of freedom of speech, the destruction of the internet." What I am arguing is that either the internet is a toy, or it's a critical piece of information infrastructure, and if it's the latter than tracking the sources of your information is actually, you know, kind of important.

      Would you be happy with "Lancet" if they announced they were going to start concealing the identity of it's researchers?

    5. Re:What about politicians? by falconwolf · · Score: 1

      I'm afraid "anonymity" just can't work in the long run. Everyone likes to imagine brave Daniel Ellsbergs hiding from the fascists, but it works even better for the modern-day Goebbels of the world.

      The NAZis and Fascists are exactly why anonymous speech must be preserved, there aren't many willing to risk a visitation by government paid jackbooted thugs for saying what the authorities disapprove of. German young even took risks listening to Jazz and Swing music, get caught and be sent to labor camps.

      Falcon

    6. Re:What about politicians? by falconwolf · · Score: 1

      Would you be happy with "Lancet" if they announced they were going to start concealing the identity of it's researchers?

      Would YOU want your political opponent to have the same power?

      Falcon

    7. Re:What about politicians? by brian0918 · · Score: 1

      What I am arguing is that either the internet is a toy, or it's a critical piece of information infrastructure, and if it's the latter than tracking the sources of your information is actually, you know, kind of important.

      The internet is a bunch of interconnected computers, used by different people with different interests and goals. There is no "common" goal or use for the internet that renders it "either a toy, or a critical piece of infrastructure". For some it is one, for others the other. Any regulation of the internet to make it abide by some common goal that you envision must necessarily violate the rights of those computer users.

    8. Re:What about politicians? by doom · · Score: 1

      The NAZis and Fascists are exactly why anonymous speech must be preserved

      My contention is that the common use of anonymity on internet message blogs and such is actually making it easier for the rise of things like fascism. There are now people on the web who are paid experts at manipulation, they're out there planting smears, astroturfing, and so on. Without some sort of dependable channels of information, it all degenerates into ungrounded he-said/she-said fights.

      And that's just the way it is now... we haven't seen where this is going yet. Jimbo Wales was once asked what he would do if the Chinese government decided to try to subvert wikipedia, rather than block it. He didn't have a good answer.

    9. Re:What about politicians? by doom · · Score: 1

      Any regulation of the internet to make it abide by some common goal that you envision must necessarily violate the rights of those computer users.

      Do you feel like your rights have just been violated by the FTC?

      I'm not suggesting that anonymity should be outlawed, just that we need channels of information that are not anonymous. If people see the need, a new generation of web sites could fix the problem, and still leave the old ones as a sewer for the propaganda army to play with undisturbed.

    10. Re:What about politicians? by brian0918 · · Score: 1

      Do you feel like your rights have just been violated by the FTC?

      Well, the FTC shouldn't exist, for the same reason, but regarding your question, yes, not necessarily *my* rights, but rights nonetheless.

      I'm not suggesting that anonymity should be outlawed, just that we need channels of information that are not anonymous. If people see the need, a new generation of web sites could fix the problem, and still leave the old ones as a sewer for the propaganda army to play with undisturbed.

      Exactly. That is free market capitalism. People see a big enough demand for something, and they'll have a huge incentive to provide the service. I'm reminded of the non-anonymous, expert-driven fork of Wikipedia called Citizendium, where the identities of editors are verified.

    11. Re:What about politicians? by falconwolf · · Score: 1

      My contention is that the common use of anonymity on internet message blogs and such is actually making it easier for the rise of things like fascism.

      It also makes it easier for others to make corrections. Even news organizations have issued corrections when someone in the blogosphere points out they're wrong.

      You don't fight bad speech by regulating it, you fight it by making it easer for others to correct bad information. That's and allowing people to sue for false advertising.

      Falcon

    12. Re:What about politicians? by doom · · Score: 1

      Well, I have to say that I used to be interested in free-market libertarianism, too... but much as I'd like to have a simple set of general rules to organize all of human society, I don't want it so badly that I'm willing to lie to myself to get it. You might try taking off the green shades once in awhile... you might even, you know, check your premises.

    13. Re:What about politicians? by doom · · Score: 1

      I'm reminded of the non-anonymous, expert-driven fork of Wikipedia called Citizendium, where the identities of editors are verified.

      It's not quite what I'm interested in, but you're right, Citizendium is an example of something that's at least trying to be serious.

      My personal take: they're too obsessed with credentials, and their approvals process is too cumbersome, but at the very least it's good that there's someone out there experimenting with a different approach toward things.

      (At least on citizendium I probably wouldn't continually get into inane arguments with people who demonized common intellectual phrases like "widely regarded as".)

    14. Re:What about politicians? by doom · · Score: 1

      It also makes it easier for others to make corrections. Even news organizations have issued corrections when someone in the blogosphere points out they're wrong.

      And in one corner, we have a rag-tag bunch of citizen amateurs; and over in the other corner, we have the Chinese government, the Republican party, the RIAA, the marketing departments of the fortune 500...

      My contention is that the Karl Roves of the world have the resources to hire more people than the core group of volunteers at wikipedia. If they want to own wikipedia, it will be owned... at least as wikipedia is presently constituted.

      How would you set up something like wikipedia to resist that kind of take-over?

    15. Re:What about politicians? by falconwolf · · Score: 1

      How would you set up something like wikipedia to resist that kind of take-over?

      Jimmy Wales controls Wikipedia. Google's Knol is similar but only experts are used, now how well does it rank compared to Wikipedia? I bet hardly anybody has even heard of Knol.

      Falcon

    16. Re:What about politicians? by doom · · Score: 1

      A better example is indeed Citzendium, which most of us have heard of, but few have any use for. It too has an obsession with credentials, which I don't share, and have not been talking about at all.

      What I have been saying is that you need to know who you're talking to -- you can indeed use that to verify what credentials people have, but what I'm specifically talking about is verifying what credentials people don't have. If you read a product review, you need to know if it came from an independent source, of if it's some weasel's idea of "guerrilla marketing".

      And yes, Jimbo is (ultimately) in charge of the rules by which wikipedia is run, and my contention is that if he's not willing to change those rules, as wikipedia becomes more important, it's going to increasingly turn into an unusable repository of misinformation.

  5. A fixed fine is not a good idea. by Locke2005 · · Score: 5, Funny

    Penalties include up to $11,000 in fines per violation. Note to self: require a payment of at least $12,000 to endorse a product in my blog.

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
    1. Re:A fixed fine is not a good idea. by Anonymous Coward · · Score: 4, Interesting

      They should have gone with an over-100% value instead. Fine them $11000 or 125% of the value of the items/money/services received in exchange, whichever is more.

    2. Re:A fixed fine is not a good idea. by amoeba1911 · · Score: 4, Interesting

      Hey, why is that marked troll? He's right, if it's a fixed fine you might as well just say that government is going to tax each instance of lobbying the reviewers by $11000. If your overall profits exceeded the fine greatly, that's not a fine, that's just a tax on your profits. And that's assuming you get caught every time!

    3. Re:A fixed fine is not a good idea. by AmberBlackCat · · Score: 1

      Also, suppose you're doing a promotion worth less than $11,000, such as a $1,000 promotion. Then all you have to do is charge them a bulk rate of $12,000 for 12 promotions. You do 12 promotions, get fined for one, and get a $1,000 profit.

    4. Re:A fixed fine is not a good idea. by Anonymous Coward · · Score: 0

      Fine. I'll do it for $11000 and declare it properly, thats still $10000 more compared to your calculation. And with a lots of fuzzy warm feelings.

    5. Re:A fixed fine is not a good idea. by Actually,+I+do+RTFA · · Score: 1

      Penalties include up to $11,000 in fines per violation. Note to self: require a payment of at least $12,000 to endorse a product in my blog.

      IIRC, fines are not tax deductable. The government is going to expect you to declare that on your taxes. So, expect to lose money when you made $1,000 and are taxed for $12,000.

      --
      Your ad here. Ask me how!
    6. Re:A fixed fine is not a good idea. by Anonymous Coward · · Score: 0

      I'm not the downmodder, but yeah, you have a good point. And I like that the fines should scale up such that they always have teeth. Probably it should be applied to both the briber and bribee, too. And the party the briber is acting on behalf of, if such a relationship exists. (for example, Company A hires lobbyist B to bribe politician C, all three should get hit).

      That said, it still comes down to game theory, just with a different sweet spot. With the $11k-or-125% formula, that'd be $8800 - since that's where $11k = 125%. That becomes the new minimum bribe, a.k.a. the tax, and getting caught costs the briber $19,800 total and the bribee $2200.

      Probably we'd want to tweak the minimum fine upwards, since $19.2k doesn't really hurt a company/lobbyist and individual bribes tend to be shamefully low anyway. (Shamefully as in not just "you were bought" but "you sold us out for a mere $5k?"). The point here is to 1) make the bribery stop, by means of 2) making it hurt badly when you get caught, so much that 3) the risk of getting caught is scary enough that bribers stop bribing, or, at the very least, crooked people stop accepting bribes. The latter is probably easier, since corporations-that-bribe have deep pockets. So that means you want the net penalty - bribe minus fines - to be a substantial amount relative to the bribee's income.

      So really, what we want is a three-factor penalty; a minimum absolute fine, or 125% of the bribe, or something like 50% of the bribee's yearly salary, whichever of the three is highest. That's pretty much enough to hurt any potential bribee; the ones who wouldn't care about 50% of a year's pay are the ones who are already rich anyway and therefore not good bribery candidates to begin with. It's way into the ouch-territory even for US Senators and state Governors; they may make $200k/year but, man, a $100k fine is going to hurt no matter what, even if they completely get away with everything and with their career intact. And it pushes the minimum bribe for those targets up to about that much, also, which is getting into ranges that are harder to hide from corporate accounting monitoring. (Write off $5k as "entertainment expenses" and it might slide; write off $100k that way and the number itself raises eyebrows before you even get to the euphemism).

      I suppose one might stop smiling with glee at the prospect for a moment and ask, wait, what about the town official that only makes $40k, he's not rich, wouldn't a $20k fine unfairly destroy him? To which the only answer is, again, game theory. As amoeba points out, a fine with no teeth is ineffective. And presumably, like most fines, you can still plead hardship and get on a payment plan, in which case that $20k fine turns into another five year car loan. And it's a hell of a lot less damaging financially than a year in prison. And believe me, most of slashdot would definitely be smiling with glee about lobbyists and crooks actually finally going to prison for their behavior.

    7. Re:A fixed fine is not a good idea. by Locke2005 · · Score: 1

      You do realize that travel rewards and credit card rewards programs where your employee pays your business expenses but you receive a kickback for choosing the airline or credit card are also technically "bribes", don't you?

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
  6. And the politicians? by Neuroticwhine · · Score: 5, Interesting

    I may be incorrect on this, but do american politicians need to do the same, i don't believe they do (when considering modern lobbying)?

    It's a funny country when the random blogger on the interwebs is held to a higher standard than those that govern.

    http://en.wikipedia.org/wiki/Lobbying_in_the_United_States (it looks like ethic reform bills have been repeatedly struck down... surprise on that on eh?)

    1. Re:And the politicians? by Tobor+the+Eighth+Man · · Score: 1

      It varies at different levels of government, but public officers are generally under various restrictions for receiving gifts, most of which are much stricter than simply being required to disclose them. That said, I can't imagine this isn't constantly circumvented. Illegal gift giving to legislators was a big part of the Jack Abramoff scandal, however.

    2. Re:And the politicians? by dkleinsc · · Score: 2, Interesting

      A lot of information about politician's donors has to be disclosed. That's how sites like www.opensecrets.org are able to function.

      There was a bit of a flap during the 2008 presidential race because a higher percentage (somewhere around 25-30%) of Barack Obama's donors than normal were below the $200 limit where the donation had to be reported in detail. But in general, the data is out there.

      Although I've always liked the proposal to have politicians dress in outfits similar to NASCAR drivers with their various corporate sponsors emblazoned right on their clothing. At least those guys are honest about who pays the bills.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    3. Re:And the politicians? by Chess+Piece+Face · · Score: 2

      They aren't held to mandatory drug testing either, yet have no problem forcing it on professional sports. The examples go on, but it should not surprise anybody that the government considers themselves above the law and has for some time.

    4. Re:And the politicians? by kosty · · Score: 1

      "It's a funny country when the random blogger on the interwebs is held to a higher standard than those that govern. "

      Indeed. But you'll find that lawmakers -- as well as government functions/functionaries -- are often exempted from their own legislation. Link below gives some examples. [Not one of my favourite sources but found it quickly...]

      http://www.time.com/time/magazine/article/0,9171,967427,00.html

      --
      "Democracy." It's just a slogan.
  7. What's a blogger? by girlintraining · · Score: 3, Insightful

    So what exactly constitutes a "blogger", or a "paid review"? If I post a twitter update, is that a "blog"? What about a note on facebook, is that a blog? What if I don't call it a blog, but call it a public diary instead?

    --
    #fuckbeta #iamslashdot #dicemustdie
    1. Re:What's a blogger? by stoolpigeon · · Score: 1

      Someone who posts stuff online.
      Receiving anything for free.
      It is a micro-blog.
      Yes.
      It's still a blog.

      --
      It's hard to believe that's how Micronians are made. Why don't we see it right now by having you both kiss one another?
    2. Re:What's a blogger? by Bazzargh · · Score: 5, Informative

      The actual FTC guidelines (Section V) don't use the word 'blog' in the guideline itself. Instead, they talk about 'endorsements' and define them like this:

      (b) For purposes of this part, an endorsement means any advertising message (including
      verbal statements, demonstrations, or depictions of the name, signature, likeness or other
      identifying personal characteristics of an individual or the name or seal of an organization) that
      consumers are likely to believe reflects the opinions, beliefs, findings, or experiences of a party
      other than the sponsoring advertiser, even if the views expressed by that party are identical to
      those of the sponsoring advertiser. The party whose opinions, beliefs, findings, or experience
      the message appears to reflect will be called the endorser and may be an individual, group, or
      institution.

      They give a bunch of specific examples (which do mention blogs), including one of astroturfing which implies this applies to appstore, amazon reviews (which would be nice). It does seem as if they mean things like twitter should be covered. There's also a bunch of circumstances they describe where you don't have to mention your affiliation, eg if you're a sports star with a clothing contract and always wear that brand off the field as well as on, or if you appear in a clearly-labelled advertisment giving a testimonial and are only paid for the ad - its a different if you have a financial interest in the product.

    3. Re:What's a blogger? by Anonymous Coward · · Score: 0

      So does that include someone who posts a review on newegg (or any other website with reviews of purchasable products)?

      If not, how do you make the distinction between a blog and a website that simply has a user account with the functionality to post content?

      If so, does this open up other weird legal issues? For example: there was a mail-in-rebate included with the item, so you must mention in the review the amount of money that you will (hopefully) receive at a later date. How about Newegg combo deals? How about Newegg gifts?

      Don't get me wrong - I like the idea of this new forced disclosure, but a lot of terms on the Internet aren't black and white.

    4. Re:What's a blogger? by stoolpigeon · · Score: 1

      I'd say so. A great example would be how Amazon handles this. They get all kinds of free stuff for reviews, which they pass on to customers that are in the Amazon Vine program. Any review written for something they were given to review, gets the Vine Voice tag on it, so that it does not look the same as other customer reviews.

      So that would deal with the second part.

      I wouldn't see a rebate as compensation unless the rebate was for an amount larger than the purchase price. Combo deals and gifts from a purchase are rarely truly giving anything away - they are just giving a discount. What a retailer can 'give away' with something else, is a clue as to what the margin is on the purchased item.

      I'm curious to see what change this brings about and if there are any true surprises. Penny Arcade for example. Those guys are pretty up front about the stuff they get for free. Most of it they end up selling for charity. I doubt they always explicitly differentiate between what they buy and what is sent to them for review. I'll guess they'll need to be more careful now.

      I have a book review sites. I don't buy most of the books I review. I also don't do anything on the site to make money so that there isn't an appearance of conflict. But I'm not gonna lie, or compromise myself for a free book. So I don't go out of my way to say, in every review, here's a book that so-and-so publishing sent me. I don't try to hide it either, making it clear on one part of the site how publishers or authors can get in touch with me if they want me to review something.

      --
      It's hard to believe that's how Micronians are made. Why don't we see it right now by having you both kiss one another?
    5. Re:What's a blogger? by Velorium · · Score: 3, Insightful

      No. This is applying to reviewers that are getting the reviewed item for FREE OF CHARGE. If you bought the item, then you don't have to bother. The point of this is to make bias due to incentives given by the company/manufacturer a bit more obvious. For example, rewind to 2007. Say John Smith is set on reviewing HP computer that is running Vista and doesn't know much about the system requirements. He's not really looking to spend too much, but is still buying one of the newer computers Vista is being sold on. Because of not wanting to spend extra money, he decides he will go with the option to have only 1gb of ram on the computer. HP knows the system requirements better than John smith does for Vista and says hey, we'll upgrade that to 4gb of ram for free. Because of this possibly subtle but important difference, John's experience of running Vista would be much different than the average buyer only buying a computer with 1gb of ram; and publish his review accordingly. HP and Vista get their good review for throwing in the extra ram, and the average consumer suffers with the computer with less ram, and HP still receiving money from that customer. Was John's intent to be biased or show Vista in a better light? No. But it will show something of the intents of the companies, if not John by notion of this little factoid.

    6. Re:What's a blogger? by jhfry · · Score: 1

      Lets take the form out of the equation. If you are paid to promote an item, then you must let the audience know that your promotion was paid.

      Essentially, any time your "opinion" was influenced by money, then you must disclose it. I think this should be true in all forms of communication. If I write a book bashing the president and was paid by the GOP to write it (not the same as royalties), then I need to disclose this or risk being penalized.

      I would not be against a blanket disclosure, so long as its prominent. Just like sites that give honest reviews love to emphasize that they don't accept payment.

      --
      Sometimes the best solution is to stop wasting time looking for an easy solution.
    7. Re:What's a blogger? by bonch · · Score: 2, Funny

      Don't worry. I'm sure the government will be really specific with their definition so that they can't just apply it to anything. I'm sure this won't get abused in any way. I'm sure this isn't just the first step in increasing government regulation of the internet. I'm sure there's absolutely no reason to complain that the freedoms of the internet, good and bad, are going away in favor of increased government control.

    8. Re:What's a blogger? by amicusNYCL · · Score: 1

      So does that include someone who posts a review on newegg (or any other website with reviews of purchasable products)?

      Yes.

      If so, does this open up other weird legal issues? For example: there was a mail-in-rebate included with the item, so you must mention in the review the amount of money that you will (hopefully) receive at a later date. How about Newegg combo deals? How about Newegg gifts?

      None of those are incentives for giving the product a positive review. You can get a rebate or combo deal without reviewing the product at all, you're not being compensated for reviewing the product.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    9. Re:What's a blogger? by anglico · · Score: 1

      I think the difference is if you buy something from a company (IE: Newegg)and post online that you like it, that is your opinion, especially if there is a forum that allows negative feedback as well. If you were to create a website/blog that talked about that product and they had happened to give you the product I think you would be subject to the new restrictions.

    10. Re:What's a blogger? by girlintraining · · Score: 1

      That definition states you can be fined based on other people's perception of your content. Your intent is irrelevant. What a stupid law...

      --
      #fuckbeta #iamslashdot #dicemustdie
    11. Re:What's a blogger? by Nadaka · · Score: 1

      The actual FTC guidelines (Section V) don't use the word 'blog' in the guideline itself. Instead, they talk about 'endorsements' and define them like this:

      (b) For purposes of this part, an endorsement means any advertising message (including
      verbal statements...

      snip...

      Brought to you by Carl Jr.

    12. Re:What's a blogger? by Anonymous Coward · · Score: 0

      Ah, this is exactly the piece I was missing. Thank you, sir.

  8. Can of worms by slashkitty · · Score: 4, Interesting

    What's considered a blog? Is a twitter message included? What about facebook status updates? Affiliate links? It seems that almost every message that mentions a product on sites that make money will now have to include a disclaimer.

    --
    -- these are only opinions and they might not be mine.
    1. Re:Can of worms by viking099 · · Score: 1

      It seems to me that if Apple gives you an iPod for review, then whenever you review it (i.e. make a subjective statement about it) online, you need to disclose the fact that Apple gave it to you.

    2. Re:Can of worms by Fierythrasher · · Score: 1

      Continuing that thought, one huge complaint has been shills placing reviews on sites like Amazon... Is that considered a "blog"? How about audio podcasts? They can't say "blog" and mean "the whole internet everywhere, every content bit"...

    3. Re:Can of worms by Sandbags · · Score: 1

      It's pretty opbvious in the text, which actually does not define "blog" or "blogger." in ANY form of print or media, on your web site or someone elses, if you have received freebies or payent of any kind (money , services, discounts, etc), you are now required to state so if you are making an endoresement of that product.

      unfortunately, "how" to state so is not defined, so it;s still possible to put in your post "see site for more info." and then there make the disclaimer. It could also be in a sig line, or some abscured method less than obvious. I'm sure this law will soon get soume court guidance on what is and is not a valid disclaimer.

      All i can say is, at least they're headed in the right direction. Now if only it was enforceible without massive amounts of patperwork and the efforts of several judges. How do you get a warrent to find out who someone IS, so you can determine if they got paid or not if they do not disclaim it???

      --
      There is no contest in life for which the unprepared have the advantage.
    4. Re:Can of worms by bit01 · · Score: 1

      What's considered a blog? Is a twitter message included? What about facebook status updates? Affiliate links?

      All of them.

      This is great news. It makes quite clear that all forms of endorsement where somebody pretends to be a third party for financial gain are out.

      Won't stop all of it of course, particularly internationally, but at least now astroturfers in the US are on notice that their "harmless" activities are going to cost them. Couldn't happen to a nicer bunch of people.

      ---

      Anonymous company communication is unethical and can and should be highly illegal. Company legal structures require accountability.

    5. Re:Can of worms by Kickasso · · Score: 1

      //unfortunately, "how" to state so is not defined//

      Why, it is. "Clearly and Conspicuously" is the magic formula.

    6. Re:Can of worms by amicusNYCL · · Score: 1

      Actually, they don't say "blog" at all, they say "endorser". If you're an "endorser", it doesn't matter if you're online or not, and you're endorsing a product, and you got compensated for endorsing that product, you need to state so.

      It doesn't matter how or where you endorse the product. If you endorse it, and the public is likely to see your endorsement as that of an unaffiliated third party, but you were actually compensated, you need to state that.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    7. Re:Can of worms by O('_')O_Bush · · Score: 1

      Remember, they're fining bloggers, not blogging websites.

      Posting a positive review of a product on your facebook page isn't required to have a disclaimer or anything else, unless someone paid you for that review.

      If you commonly review products on your facebook for money, well, then you'd have a problem.

      --
      while(1) attack(People.Sandy);
    8. Re:Can of worms by Eil · · Score: 1

      It seems that almost every message that mentions a product on sites that make money will now have to include a disclaimer.

      Only if you were paid or otherwise compensated for advertising the product.

    9. Re:Can of worms by falconwolf · · Score: 1

      Posting a positive review of a product on your facebook page isn't required to have a disclaimer or anything else, unless someone paid you for that review.

      And what if you're paid to review something whether the review is good or bad? If I have a blog I post reviews on and I accept Google ads should I need a disclaimer? How about if I start a website like Daily KOS or Huffington Post and someone starts paying me do I need to have the disclaimer? In more than one ruling the US Supreme Court ruled that anonymity was an important prerequisite to political speech.

      Falcon

    10. Re:Can of worms by falconwolf · · Score: 1

      Actually, they don't say "blog" at all, they say "endorser". If you're an "endorser", it doesn't matter if you're online or not, and you're endorsing a product, and you got compensated for endorsing that product, you need to state so.

      What if you review, and get paid to, products or services and you give good or bad reviews do you need a disclaimer? Say a gaming website pays me to review games, do I need to state I'm paid no matter if I hype or denigrate it? Or if I post reviews on a blog that has Google ads, do I need the disclaimer?

      Falcon

    11. Re:Can of worms by amicusNYCL · · Score: 1

      Here's part of the summary of the new guidelines:

      The revised Guides also add new examples to illustrate the long standing principle that "material connections" (sometimes payments or free products) between advertisers and endorsers - connections that consumers would not expect - must be disclosed. These examples address what constitutes an endorsement when the message is conveyed by bloggers or other "word-of-mouth" marketers. The revised Guides specify that while decisions will be reached on a case-by-case basis, the post of a blogger who receives cash or in-kind payment to review a product is considered an endorsement. Thus, bloggers who make an endorsement must disclose the material connections they share with the seller of the product or service. Likewise, if a company refers in an advertisement to the findings of a research organization that conducted research sponsored by the company, the advertisement must disclose the connection between the advertiser and the research organization. And a paid endorsement - like any other advertisement - is deceptive if it makes false or misleading claims.

      http://www2.ftc.gov/opa/2009/10/endortest.shtm

      There's a link to the full text on that page.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
  9. DAYUMMM!!!! by Anonymous Coward · · Score: 0

    So does this mean we won't see anymore fastmail.fm articles about a service with 10mb+no.spam.filter is somehow competing with gmail?

  10. just wait by rossdee · · Score: 4, Funny

    if they ever catch this 'Anonymous Coward' guy, they will throw the book at him.

    1. Re:just wait by Anonymous Coward · · Score: 0, Funny

      Throw the book at me? That's fine by me as long as it is one of Bill O'Reilly's or Glenn Beck's fineely insightful political novels. Ah yes, nothing better than enjoying a good, patriotic stint of literature while sipping on a nice, smooth Southern Comfort single malt whiskey. In fact, I can't think of anything that goes with said literature better than Southern Comfort, except of course, reading the literature on the new Windows 7 Dell computers, the American compute, the man's computer!.

      (All comments about the products mentioned in this comment were selected voluntarily and resulted in no transfer of funds between the commenter and the makers of this products. All statements in this comment are subject to the loosest interpretation of 'truth' as possible)

    2. Re:just wait by OnlineAlias · · Score: 1

      Not to be a pedant, but Southern Comfort isn't a whiskey, let alone a single malt.

    3. Re:just wait by Anonymous Coward · · Score: 0

      Tsk. They'll never get a conviction, not as long as I have my awesome legal representation from Smith & Associates. Smith & Associates: why does the judge think he's such a bigshot?

    4. Re:just wait by Darby · · Score: 1

      Not to be a pedant, but Southern Comfort isn't a whiskey, let alone a single malt.

      That's hardly pedantic ;-)

      It does, however raise the question, "WTF is it exactly".

    5. Re:just wait by Anonymous Coward · · Score: 0

      A "Whiskey-style alcoholic beverage" of course.

  11. This is Crazy by colganc · · Score: 3, Insightful

    I can't believe they're doing this. I don't care if a review is paid or not. If I can't think analytically or critical about a review(er) then I deserve what I get. How does the process even work. Can I go around submitting tons of accusations to an FTC site about any random blog? How are they defining a blog or blogger? How does a blogger defend themselves from accusations? On a separate issue, this is really terrible reporting. There is almost no information.

    1. Re:This is Crazy by Sandbags · · Score: 1, Informative

      That's not the point... It's NOT about reviewers. It;s about all the paid trolls kiving items 5 star reviews because they were paid to, so other people thing its a good product and buy it.

      Blog and Blogger do not require a definition. Simply, ANY statement of endorsement in print, media, or on the web, where ANY form of payment, discount, freebie, etc was given, with or without a request for a favorablke posting, requires disclosure.

      Also, since the penalty is not necessarily on the blogger, but on the company they're blogging on behalf of (if we can find the blogger, they get punbished too), the companies themselves will be seeking a bit more documentation to ensure anyone given a freebe, and especially paid endorsements, are explicity told they have to disclaim so. Companies that have the product wonp;t want negative FTC attention because people are illegally posting reviews of their stuff...

      --
      There is no contest in life for which the unprepared have the advantage.
    2. Re:This is Crazy by Anonymous Coward · · Score: 0

      How does the process even work. Can I go around submitting tons of accusations to an FTC site about any random blog?

      Much like the CANSPAM Act, or the federal do-not-call list, it probably won't be enforced. The government's goal is to give the illusion of doing something.

    3. Re:This is Crazy by Tanktalus · · Score: 1

      There is a world of difference between "I like this product, and think everyone should have one" and "I like this product, and think everyone should have one. PS: they gave me a free one so I could review it. Oh, and 5 big ones in cold, hard cash, too."

      It's important information when deciding credibility of the reviewer. And that means it's important to critically think about what the reviewer is saying.

    4. Re:This is Crazy by bit01 · · Score: 0

      I can't believe they're doing this. I don't care if a review is paid or not.

      It's not just reviews. It's any paid endorsement. It's great. They've only got the resources to go after the very clear cut cases but even so this is hopefully going to have a chilling effect on all forms of astroturfing in the US. About time too, astroturfing lowlifes have had a free ride for too long.

      ---

      Astroturfing "marketers" are liars, fraudulently misrepresenting company propaganda as objective third party opinion. Anonymous commercial speech should be illegal.

    5. Re:This is Crazy by nametaken · · Score: 1

      Don't panic. Read the text of the FTC guidelines, most of your questions are answered there.

    6. Re:This is Crazy by amicusNYCL · · Score: 1

      How are they defining a blog or blogger?

      They aren't, they're defining "endorser". The medium doesn't matter. You can read the text here:

      http://www2.ftc.gov/opa/2009/10/endortest.shtm

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    7. Re:This is Crazy by falconwolf · · Score: 1

      I can't believe they're doing this. I don't care if a review is paid or not.

      It's not just reviews. It's any paid endorsement. It's great.

      As long as a review is factual it's terrible. If readers can't make up their own minds, it's not the reviewer's problem.

      Falcon

    8. Re:This is Crazy by bit01 · · Score: 1

      As long as a review is factual it's terrible. If readers can't make up their own minds, it's not the reviewer's problem.

      One man's fact is another man's opinion. This regulation does not affect the content of posts at all, just mandates disclosure of affiliation. Disclosure is not hard and is often implicitly given by context anyway. If such disclosure materially affects the reader's interpretation of a web post then that post was deliberately attempting to deceive and they get no sympathy from me. Deception, lying in other words, is not okay whatever some people might like to think. That's been true in non-net advertising for a long time and I for one am glad to see the net being bought up to similar standards.

      ---

      Marketing talk is not just cheap, it has negative value. Free speech can be compromised just as much by too much noise as too little signal.

    9. Re:This is Crazy by falconwolf · · Score: 1

      If such disclosure materially affects the reader's interpretation of a web post then that post was deliberately attempting to deceive and they get no sympathy from me.

      "He's a paid shill, I don't believe a word he says." Does that count? Or only pro product reviews? And what if the reviewer is being paid by someone other than the maker or seller? Say I get paid to write a review for Consumer Reports, should I have to disclose it?

      Deception, lying in other words, is not okay whatever some people might like to think.

      And of course if you're paid you're a liar. It must be wonderful being independently wealthy so you can pay for everything yourself.

      And don't try to say I'll let businesses do whatever they want to make a profit, right here on slashdot I have railed against businesses and repeatedly said corporations should have their charters, which grant the corporation it's limited liability, revoked when they do not serve the common or public good.

      Falcon

  12. English, motherfucker by Anonymous Coward · · Score: 0

    Do you speak it?

  13. Government check by Anonymous Coward · · Score: 0

    Does that mean I must tell people about my government check when I debunk UFO sightings on the Internet ?

    1. Re:Government check by amicusNYCL · · Score: 1

      That depends, does the government pay you to debunk UFO sightings on the internet? Or do the two actually have nothing to do with each other?

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
  14. Where does the FCC get the authority? by z4ce · · Score: 1, Offtopic

    I didn't think the FCC had much authority over the internet. It's not like its radio waves here. The FCC can't regulate mail or bulletin boards. What statute gives them authority to do this?

    1. Re:Where does the FCC get the authority? by palegray.net · · Score: 1

      From the Federal Communications Commission's "About Us" page:

      "The Federal Communications Commission (FCC) is an independent United States government agency. The FCC was established by the Communications Act of 1934 and is charged with regulating interstate and international communications by radio, television, wire, satellite and cable. The FCC's jurisdiction covers the 50 states, the District of Columbia, and U.S. possessions."

    2. Re:Where does the FCC get the authority? by Fierythrasher · · Score: 3, Informative

      Um, it's FTC not FCC...big difference.

    3. Re:Where does the FCC get the authority? by MarkvW · · Score: 4, Informative

      This isn't about the FCC (Federal Communications Commission). It's about the Federal Trade Commission--the FTC.

      A blogger is one thing and an advertiser is another. Getting paid in exchange for publishing advertising copy is definitely something that is (and should be regulated).

    4. Re:Where does the FCC get the authority? by Anonymous Coward · · Score: 0

      Congratulations! You can't read! We're talking about the fTc, not the fCc.

    5. Re:Where does the FCC get the authority? by stoolpigeon · · Score: 1

      Look at the summary again - FTC

      --
      It's hard to believe that's how Micronians are made. Why don't we see it right now by having you both kiss one another?
    6. Re:Where does the FCC get the authority? by blcamp · · Score: 1

      > I didn't think the FCC had much authority over the internet. It's not like its radio waves here. The FCC can't regulate mail or bulletin boards. What statute gives them authority to do this?

      If the FCC was able to make such a case of oversight, they gave that up last week when it was announced that the ICANN/US Dept. Of Commerce agreement was coming to an end.

      IANAL, but even a layman can see that there's so many legal holes in the FCC's assertion, it's practically a black hole.

      --
      The problem with socialism is that they always run out of other people's money. - Margaret Thatcher
    7. Re:Where does the FCC get the authority? by travisb828 · · Score: 1

      And the FTC gets its authority to regulate interstate commerce from the Constitution.

      http://en.wikipedia.org/wiki/Commerce_Clause

    8. Re:Where does the FCC get the authority? by Tanktalus · · Score: 1

      While you're correct that it's the FTC, you do have to remember that this is slashdot, and the summary and the story it (usually) links to may not be related.

    9. Re:Where does the FCC get the authority? by Anonymous Coward · · Score: 0

      I'm not sure where they get the authority. I don't think they have any reach beyond the US.

      If this ruling turns out to be particularly onerous, I expect the USian part of the 'net's response to be litigation or a move to a more liberal country.

  15. "Apple gave me this..." by NYMeatball · · Score: 1

    Because 122 characters should be enough for anybody.

  16. Legalized Bribes by Dotren · · Score: 2, Insightful

    IMO, lobbying just needs to be completely gotten rid of as it has become simply a means to legally bribe publicly elected officials into corporate agendas into law.

    Same for campaign donations.. every attempt, that I've seen, to put restrictions on either of these practices has been quickly circumvented.

    1. Re:Legalized Bribes by falconwolf · · Score: 1

      IMO, lobbying just needs to be completely gotten rid of as it has become simply a means to legally bribe publicly elected officials into corporate agendas into law.

      Citizens shouldn't actively influence politics?

      Falcon

    2. Re:Legalized Bribes by Dotren · · Score: 1

      I thought about this more after I posted and that very point occurred to me since, as you stated, lobbying also serves as a way for citizens to influence government policy.

      Honestly I don't have a good answer. Of course citizens should actively influence politics. However, I'd like to find out at least a ballpark figure on how many of the average citizens use this method of political change. From my point of view (which is admittedly probably limited) it seems like the entities that use it the most are corporations and special interest groups which always seem to be using it to push their rather self-serving agendas that aren't always for the public's good.

      I suppose when I was talking about "legalized bribes" I was speaking more of things like campaign donations (which definitely need to be gotten rid of) and, in my mind, lobbying is connected because of the way they're both used by big business to inject their agendas into washington.

      Just my two cents.

  17. enforcement by goombah99 · · Score: 1

    How in the heck do they propose to enforce this? most bloggers are anonymous. Many don't live in the US. Even Cringely doesn't use his real name. And then there is the sheer number. Moreover an underhanded company could easily soak up a few 11K fines (unlikely they would have to pay many).

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:enforcement by Idiomatick · · Score: 1

      Bloggers could soak up multiple 11k hits? Uhhh I was under the perception that blaggers made no money but occasionally whore themselves out for free shit.

    2. Re:enforcement by bonch · · Score: 0, Troll

      It's not intended to be enforced. It's supposed to get people used to the idea of the government passing regulations for the internet. We have a White House that can't even stand the idea of people criticizing the president without getting reported to flag@whitehouse.gov. As time goes on, we'll see more and more government control of this crazy, uncontrolled haven of free speech. Basically, the government wants the internet back.

      Is it really so hard for people to use their brains and exercise their own judgement when reading a review online? The danger of the internet is that you accept what you read at your own risk, but it's also the reward.

    3. Re:enforcement by digitig · · Score: 1

      Bloggers != blaggers.

      And professional sock-puppets can have coverage of "expenses" written into their contracts.

      --
      Quidnam Latine loqui modo coepi?
  18. Partially About Consistency by EXTomar · · Score: 3, Informative

    Doing this brings blogs into alignment with a lot of media paid advertising. No one should worry (or be elated) about the end of these things because even with the "This program is a paid advertisement of XYZ Co..." there are just as many infomercials floating around than there always was.

    Advertising isn't necessarily wrong (not necessarily right either but that is another thread). It is when advertising presents itself as something other than advertising that is a problem.

    1. Re:Partially About Consistency by Sandbags · · Score: 1

      Or when companies are being PAID to have a small army of people download apps from the app store tand then give them glowing 5 star reviews to pro up their ratings, (or to give 1 star reviews to competitor's apps!) making honest people think a bad app is really good, and devaluing the entire rating system.

      --
      There is no contest in life for which the unprepared have the advantage.
  19. Limitations on this? by NYMeatball · · Score: 1

    Then they don't suffer such fascist oppression. Unless, of course, their country happens to have an extradition treaty with the US...

    I'm no law expert, maybe someone here is. How exactly does this work when dealing with things like:

    • Non-US citizen blogging on a US owned server
    • Non-US citizen blogging within the USA's physical geographical borders
    • US citizen blogging outside of borders (IE: Canada)
    • US Citizen blogging outside of borders on a machine that resides on a server outside the US

    Basically, what are the virtual and physical borders (if any) of this law? Is this going to end up being something else that just gets taken offshore, like all the internet gambling sites today seem to be doing?

  20. This is a good thing... by WCMI92 · · Score: 1, Informative

    So many blogs and websites are nothing but shills for publishers and vendors and don't disclose it. This should stop unethical companies like Sony sending out their paid astroturfers and viral marketers without it being disclosed.

    I also wonder how sites like MMORPG will survive when they have to disclose payments from publishers (like SOE) along with fluff pieces and "interviews" about them.

    --
    Corporatism != Free Market
  21. Never Mind. by blcamp · · Score: 1

    I misread. It's FTC. My bad.

    --
    The problem with socialism is that they always run out of other people's money. - Margaret Thatcher
  22. Free Speach or a Product Review? by mounthood · · Score: 2, Insightful

    The FTC is wrong to suggest that a "product review" is some easy to identify thing. If I write that I love the Slap-Chop am I reviewing it? When does it change from opinion to review? Will a lawyer need to review everything before it's posted, or should we trust that government won't try to misuse this?

    Writing on the web covers *all* modes, from babel to academic works. Regulating it as commercial is just wrong.

    --
    tomorrow who's gonna fuss
    1. Re:Free Speach or a Product Review? by geminidomino · · Score: 1

      If I write that I love the Slap-Chop am I reviewing it? When does it change from opinion to review?

      If the guys who make the Slap-Chop gave you money for the review, or you work for them, etc... then it's a conflict of interest and you have to say so. If you actually ARE Joe Random Blogger, then it doesn't apply to you.

      The whole point is to keep scumbags in the former group from pretending to be in the latter.

    2. Re:Free Speach or a Product Review? by Anonymous Coward · · Score: 0

      I don't think the regulation hinges on "product review." The important part is whether you got paid to write the review, or got the slap chop for free. It is very easy to tell when you got paid to say something.

    3. Re:Free Speach or a Product Review? by amicusNYCL · · Score: 1

      The FTC is wrong to suggest that a "product review" is some easy to identify thing.

      The FTC isn't talking about "product reviews", it's talking about "endorsements".

      If I write that I love the Slap-Chop am I reviewing it?

      No, but you're endorsing it. If you represent yourself as an unaffiliated third party but were actually paid to say that you love it then you need to state that. This isn't difficult to figure out.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    4. Re:Free Speach or a Product Review? by Anonymous Coward · · Score: 0

      The whole point is to keep scumbags in the former group from pretending to be in the latter.

      Agreed; that's their stated purpose. It just won't work because you can't identify commercial speech by asking if the subject gave the author something. What if: I have adds on my blog? I get non-tangible benefits like promotion? I get stuff from a competitor to the subject? The list can go on and on.

      What will really happen is the government will use this is attack people they don't like and make them lose-by-expensive-lawsuit. It'll be one more unfair law that gets the FTC some public laurels for fighting the "scumbags".

    5. Re:Free Speach or a Product Review? by Anonymous Coward · · Score: 0

      If the company that makes Slap-Chop gave you something that it doesn't give to everyone, it's a review. If not, it may or may not be, but you have nothing to disclose anyway.

    6. Re:Free Speach or a Product Review? by Anonymous Coward · · Score: 1, Funny

      The product review might not be easy to identify, but the receiving free shite portion is. If you bought a slap-chop and it works great, no problem. However if they gave you a slap-chop on top of a pile of cash then you need to say something like, "I love my new slap-chop that they gave me, it cuts the diamonds I bought with the giants stacks of money they also gave me wonderfully."

    7. Re:Free Speach or a Product Review? by Anonymous Coward · · Score: 0

      I think this is meant to address advertisements. The criterion for something being an ad being that you were paid to say it. Rather simple really.

    8. Re:Free Speach or a Product Review? by gordguide · · Score: 1

      " ... If I write that I love the Slap-Chop am I reviewing it? ..."

      If that's the substance of your written words, it's an endorsement, not a review. If you're not paid to endorse it or don't receive some form of "in kind" compensation (free this, trip to there, discount not available to the general public on that, etc), then have at 'er and worry not. That applies, by the way, even if your words go beyond "I love this thing!" to a full review.

    9. Re:Free Speach or a Product Review? by Anonymous Coward · · Score: 0

      To add to this, what about satire? If there are fake endorsements in a satirical piece, does this trump the disclaimer legislation?

      If so, expect to see a lot of blogs become satire sites in the near future....

    10. Re:Free Speach or a Product Review? by cubricon · · Score: 1

      If you write that you love Slap-Chop, and the Slap-Chop company either gave you money or a free product, you need to let people know that. It's called disclosure. If you bought a Slap-Chop with your own money, and you love it, you have nothing to worry about. Nobody is going to come after you claiming anything, because you probably aren't that important, and even if you were a celebrity or something like that, it's still your personal unbiased opinion. An good review should always be neutral and in the best interest of the consumer, not the manufacturer. At least this is what most people expect when researching whether or not they should invest in a product. If you are a person who regularly reviews items and you either get to keep the product or get cash for giving glowing reviews to said product (i.e. giving 5 stars instead of 3 stars), then you and that company are misleading consumers. Especially if you don't disclose your ties to the manufacturer. In other words, it doesn't matter if you are giving an opinion or a review, what matters is that you are honest in disclosing any gain received by expressing those opinions or reviews. Besides, at the end of the day, aren't most reviews still concluded with an opinion such as "The Bottom Line"?

  23. Re:Excellent. After 8 years the FCC is showing som by Macthorpe · · Score: 3, Informative

    FCC =/= FTC.

    --
    "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
  24. US only by Roger+W+Moore · · Score: 4, Insightful

    The FTC rules only apply to people in the US. Once again this is an example of how one country's laws are meaningless on the Internet. They will simply pay non-Americans to astroturf. You cannot tell whether someone is typing with an American accent on the net - although cultural references can sometimes give it away.

  25. The unregulated internet by bonch · · Score: 0, Flamebait

    From the future:

    Once upon a time, the internet was uncontrolled for a while. In this unkempt jungle, ideas flourished, and free speech of all kinds and from all sides was posted. Then the day came when the government decided to regulate what bloggers wrote. It was just a first step that got people used to the idea of the government making rules for free speech on the internet. As time passed, more laws were created, and eventually, the internet reverted back to its government-controlled ARPANET state--a haven for regulated speech as dictated by the government, provided by the government to post what the government wants to hear. No longer would people exercise their brains and form their own judgements. The government did the thinking for them...

    1. Re:The unregulated internet by Runaway1956 · · Score: 0

      Actually you're a little off target. The FCC isn't limiting free speech. You can still write any mindless drivel you care to write, if you think it will help to sell your chosen product. The FCC is actually trying to enforce a little bit of "truth in advertising". If Company "X" paid you to form an opinion that is favorable to them, people have the right to know that you're just another talking head prostituting himself to Company "X"

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    2. Re:The unregulated internet by bonch · · Score: 0, Troll

      It's the FTC.

      This is unenforceable. What counts as a blog? How would you report the blog? Do you shoot an email to flag@whitehouse.gov so Obama can get on the case? Will the government employ people to clean up the internet? Will there be an internet taskforce?

      Because it's unenforceable, it's a meaningless regulation. All it does is get people used to the idea of the government passing regulations on the internet. They want their ARPANET back. If people get used to the idea of the government having control of the internet, then this crazy experiment of near-total freedom goes away.

    3. Re:The unregulated internet by Runaway1956 · · Score: 1

      From another article on the subject:

      The Guides are administrative interpretations of the law intended to help advertisers comply with the Federal Trade Commission Act; they are not binding law themselves. In any law enforcement action challenging the allegedly deceptive use of testimonials or endorsements, the Commission would have the burden of proving that the challenged conduct violates the FTC Act.

      http://7thspace.com/headlines/322265/ftc_publishes_final_guides_governing_endorsements_testimonials.html

      In effect, the FTC has looked at existing laws, and decided that bloggers, among other people, have been violating existing law. There is really no new law, rule, or regulation. What we actually have is a statement of policy, regarding the manner in which existing laws will be applied.

      As for being unenforceable - good luck with that one. I'll read about it in the news.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    4. Re:The unregulated internet by Impy+the+Impiuos+Imp · · Score: 1

      As distasteful as things are, I don't see this as really being a problem, depending on how they define "paid".

      People make it seem like they'll have to prove their innocence if they say they like, or hate, some particular product. Not so. At least, it had better not be so.

      It's to stop crap like planting people to blog, or invade chat rooms, and so on, who puff up this or that product, either as a paid employee, or as some pseudo-critic getting money.

      I wonder if this will affect movie critics, all of whom blog now, but also take the occasional studio-sponsored junket.

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    5. Re:The unregulated internet by thejynxed · · Score: 1

      You can report violations directly to the FTC itself. Mayhaps you should try going to their website and paying attention to what you find there.

      --
      @Mindless Drivel: 100% of Twitter posts ever Tweeted.
  26. Good luck with that!! by oo_HAWK_oo · · Score: 0

    Like to see you enforce it! HA!

  27. How about in review mags? by rAiNsT0rm · · Score: 4, Funny

    I worked as a videogame reviewer for a number of years and the amount of bought and paid for "reviews" in that game is just silly. I once panned MGS3 (for being all hype and cutscene and little substance) and got a nasty letter from them stating they would not continue to reimburse me or advertise for our site... we were a totally independent site and took no money or ads in the first place.

    --
    http://teasphere.wordpress.com - A little spot of tea
    1. Re:How about in review mags? by Anonymous Coward · · Score: 1, Interesting

      I used to live in the fear that completely trashing a crappy product would end all further support from that particular manufacturer so I would always tread carefully and balance the bad with the good.

      Sure there are definitely those out there who will cut you off at the slightest sign of an unfavourable review, but I've utterly berated products with no consequences other than the manufacturers withdrawal from producing further products in the same vein.

      Now I'm constantly asked to produce reviews in exchange for freebies from online purveyors of various gadgetry, there's a fine line that it's possible to cross here in terms of tending towards positive reviews to ensure future support and future freebies.

      But it's often the high quality links, well written related content, pagerank and other things that these shops are after- even a negative review will push a particular product page further up Google's rankings and benefit both parties. If more amateur bloggers realised this, perhaps they would focus on taking care of their visitors with truthful, unbiased reviews... after all, without traffic we might as well submit our articles to /dev/null.

    2. Re:How about in review mags? by IBBoard · · Score: 1

      It's a shame this got rated as "funny". It doesn't surprise me that it happens, and it is "funny in a tragic way", but it's probably more insightful about the state of business than it is plain funny.

    3. Re:How about in review mags? by Rone · · Score: 1

      Given that you were (are?) totally independent, I certainly hope you posted a scanned copy of the letter and mercilessly mocked that manufacturer on your site for weeks.

      If more people did this, then manufacturers (in theory) wouldn't get so bent out of shape over getting anything less than a stellar review, and we'd (again in theory) start seeing the bigger review sites "dare" to give more honest reviews, instead of thinly-disguised multi-page advertisements.

      The solution to customers' calling your product crap is to stop making crap. Whodathunkit?

  28. Bloggers? What about traditional media? by 140Mandak262Jamuna · · Score: 1
    What about the shills in the media? What about whole companies, think tanks, consultancies whose sole purpose is get paid to talk highly about those who paid them money? You think Gartner would survive without the constantly milking Microsoft to produce dubious "Total Cost of Ownership" and such rot? What about the politicians who blatantly act on the interest of their campaign donors while piously touting the insane, ridiculous, irrelevant nonsense sanctimoniously?

    I really want the conflicts of interest disclosed. By bloggers too. But far more importantly the conflicts of interest by media shills, credit rating agencies, politicians, think tanks and policy institutes and lobbyists must also be disclosed, with lot more stringent requirements.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    1. Re:Bloggers? What about traditional media? by dkleinsc · · Score: 1

      If you read the actual guidelines (posted in an earlier comment) you'd see that the disclosure rules apply to everyone else too. Gartner can milk Microsoft all they want, they just have to be clear that whatever they did was bought and paid for by Microsoft. David Pogue can continue to love everything Apple does so long as he's clear on his other non-reviewer monetary interests.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
  29. Repeat after me, slowly. by Kickasso · · Score: 2, Informative

    If Slap-Chop Manufacturing And Brain Surgeries Inc. gives you stuff in exchange for your endorsement of Slap-Chop, then you're affected. If they don't, you are not. Does it get any simpler than that?

    1. Re:Repeat after me, slowly. by mounthood · · Score: 1

      If Slap-Chop Manufacturing And Brain Surgeries Inc. gives you stuff in exchange for your endorsement of Slap-Chop, then you're affected. If they don't, you are not. Does it get any simpler than that?

      So if the Slap-Chop competitors give me stuff, I'm in the clear? Got it. Or do you want to refine your rules? (and should I have my Lawyer present?)

      --
      tomorrow who's gonna fuss
    2. Re:Repeat after me, slowly. by EvanED · · Score: 2, Interesting

      Really? How do you tell if what they give you is in exchange for your endorsement? Suppose you make your endorsement, and it's particularly awesome for some reason. They spot it and send you some more Slap-Chop. That was in exchange for your endorsement; does that mean you need to disclose it? What if you want to post another nice comment? Do you have to disclose it then? For how many endorsements do you have to disclose that they gave you free stuff?

    3. Re:Repeat after me, slowly. by O('_')O_Bush · · Score: 1

      "So if the Slap-Chop competitors give me stuff, I'm in the clear? Got it."

      If there is a conflict of interest with what you wrote for people to see and the product, you have to put a disclaimer or risk getting a fine.

      If you're endorsing Slap-Chop and it's competitors give you stuff, then that's not a conflict of interest.

      If you're posting a negative opinion of Slap-Chop, and it's competitors give you stuff, then it is a conflict of interest.

      It's not hard to figure out and it's not easy to contradict.

      --
      while(1) attack(People.Sandy);
    4. Re:Repeat after me, slowly. by 5KVGhost · · Score: 1

      Ok. So I review a camera that I really like, and mention that Bob's Photo has it in stock and is a great place to buy it.

      It so happens that I have an affiliate link with Bob's Photo (among other retailers) and I get a referral fee. Is that an endorsement?

      Oh, and the camera manufacturer sent me a free t-shirt. Allegedly for registering the product I bought, but clearly we know the truth, right?

      Now suppose I tell the world that my mom's embroidered eyeglasses cases are the bee's knees and tell you how to order one. Them my mom invites me over for dinner. Paid endorsement?

      Yeah, you're right. It's all so simple.

    5. Re:Repeat after me, slowly. by TheABomb · · Score: 1

      and should I have my Lawyer present?

      Well, who do you think writes these rules?

      --
      MSIE: The world's most standards-complaint web browser.
    6. Re:Repeat after me, slowly. by Kickasso · · Score: 1

      1. Yes, you have to mention that you're getting free stuff out of the deal.
      2. Yes, you have to mention that you're getting free stuff out of the deal.
      3. Yes, you have to mention that you're getting free stuff out of the deal.

      I have no idea how anyone could possibly start thinking otherwise.

    7. Re:Repeat after me, slowly. by Kickasso · · Score: 1

      Oh my.
      1. If you endorse someone's product and you've got stuff from them at some point in the past, check. It doesn't actually have to be in exchange for anything, that was a case of sloppy editing on my part, for which I apologize.
      2. You don't have to do anything if you get stuff after the fact.
      3. If you want to comment /after that/, see 1.
      If you still think it's complicated, then I'm sorry to say I can't help. Go back to pre-school or something.

    8. Re:Repeat after me, slowly. by Kickasso · · Score: 1

      Well, it's always a good idea to have a lawyer nearby whenever you're getting paid to open your mouth in public. No, wait, scratch the bit about getting paid. Having said that, I think it's fairly safe to praise Apple without mentioning that you've got a free promotional copy of Windows ME sometime in the last century. If OTOH you want to know how to bash Apple safely, then you will have to get your own copy of he guidelines. It's free!

    9. Re:Repeat after me, slowly. by EvanED · · Score: 1

      Does this mean any time I mention something positive about Microsoft, VMware, Cray, NVidia, and several others, or anything bad about their competitors, I have to mention that I've been given interviews (and often job offers) from each of them? After all, I could just be saying something good about them because they scratched my back in the past. If I go to a job fair and geet a pen from some company, am I forever bound to say "So-and-so Inc gave me a pen" any time I say something favorable?

    10. Re:Repeat after me, slowly. by EvanED · · Score: 1

      I guess what I'm trying to get at is that if the FTC regulations truely will require what you're saying they wwill, then they're completely ridiculous and onerous.

    11. Re:Repeat after me, slowly. by dogmatixpsych · · Score: 1

      You don't need to disclose if you received stuff after the fact but for any future posts, you would need to disclose that you had received "payment".

    12. Re:Repeat after me, slowly. by bit01 · · Score: 1

      they're completely ridiculous and onerous.

      They're only ridiculous and onerous to people who have a habit of lying.

      ---

      Anonymous company communication is unethical and can and should be highly illegal. Company legal structures require accountability.

    13. Re:Repeat after me, slowly. by EvanED · · Score: 1

      You don't think it's ridiculous that if a company gives me a pen, I have to disclose that any time I say anything positive about that company ever? Or you don't think that I'd have to do that?

    14. Re:Repeat after me, slowly. by bit01 · · Score: 1

      You don't think it's ridiculous that if a company gives me a pen, I have to disclose that any time I say anything positive about that company ever?

      Not particularly. I doubt that would be covered though. See FTC regulation. They have to be strict about it to give scammers less wiggle room.

      Or you don't think that I'd have to do that?

      You have to either not accept payments/gifts/benefits, disclose the relationship or not do reviews/comments about a company. Your choice. Not onerous except for those intending to deceive.

      ---

      Marketing talk is not just cheap, it has negative value. Free speech can be compromised just as much by too much noise as too little signal.

      ---

      Marketing talk is not just cheap, it has negative value. Free speech can be compromised just as much by too much noise as too little signal.

    15. Re:Repeat after me, slowly. by 5KVGhost · · Score: 1

      Wow, you really are around the bend. Apparently everything we say must be monitored by government watchdogs lest we offend / deceive / mislead some poor innocent naif who's too lazy, naive, or stupid to apply half-an-once of independent though before making a decision. But before you go this route, please consider the possibility that everyone else is not just like you.

  30. With Leo on a recent epsiode of... by Tetsujin · · Score: 3, Funny

    Except that he hasn't fapped over every Apple thing ever. He pretty convincingly addressed all this with Leo Laporte on a recent episode of TWIT.

    For some reason I misread that as "a recent episode of TMNT"...

    Needless to say I was rather confused...

    --
    Bow-ties are cool.
  31. Score another one for the corporations. by professorguy · · Score: 4, Interesting

    ANY statement of endorsement in print, media, or on the web, where ANY form of payment, discount, freebie, etc was given, with or without a request for a favorablke posting, requires disclosure

    My wife's gardening website includes a link to her friend's wedding bouquet service with language indicating my wife's endorsement.

    While she was not paid for that link, they have known each other for 50 years. So many, many free gifts have been exchanged in that time. Even money has probably changed hands between them at some time during their association.

    Is a disclaimer required on her site? Because if so, then this is a win for the mega corporations. If I can't recommend my friend's service, then only massive corporations will get any advertising at all.

    1. Re:Score another one for the corporations. by Sandbags · · Score: 1

      The law doesn't say you can';t reccomend it, you just need to disclose the association.

      Place the link in a section on the site noting that the other site is beinbg "advertised" here. If the link is in a descriptive part of the site, inline with other text, then place an notation, and at the bottom of the page, in clear language, indicate that the link is not included as a personal reccomnedation, but as an advertisement for services. That's it...

      This would only apply if those gifts were from one business to another, or from the business to the friend, not one friend to another. If the gifts were personal in nature between firends, and not associated necessarily with the business, then it IS a personal reccomendation, and no disclosure is necessary.

      However, even a disclosure of "my friend of 50 years own this other shop..." is clarly a positive reccomendation, and most people would not associate that to a generic advertisement anyway, and the FTC certainly would have a hard time prosecuting that statement as less than full disclosure, since no person of sound mind would not assume friends over 50 yearsd did not exchange gifts and money.

      Now, if your wife got a discount at her friends shop specitfically for mentioning the other site on her own (not because she would get that discount anyway simply being a firend), that would have to be spelled out in exact terms under this new FTC rule.

      --
      There is no contest in life for which the unprepared have the advantage.
    2. Re:Score another one for the corporations. by Anonymous Coward · · Score: 0

      Why can't she recommend her friend's service? A simple disclaimer reading:

      We have known each other for 50 years. Many, many free gifts have been exchanged in that time. Even money has probably changed hands between us at some time during our association.

      Problem solved. Plus, for small businesses, this kind of disclaimer looks GOOD to customers. The same disclaimer on a large multinational site would likely set off all sorts of legal actions.

      The legislation just says that people can't lie about motives when endorsing a product. That's all. Enforcement is another issue....

    3. Re:Score another one for the corporations. by canajin56 · · Score: 1

      No, you don't need anything. The rules apply if you are posting a sponsored endorsement, only. Example: Nintendo sends some shovelware to a gaming magazine. The magazine has to have a note that the games they're reviewing were provided free of charge. They tend to do so anyways. Tom's Hardware makes it clear that their cards and chips are all sent to them for free. In this case, it applies even if Nintendo makes no note that they want a positive review. It's implied that if they give bad reviews, they might not receive more swag. Plus, getting it for free makes you like it more. I thought Doom3 was OK, but had I bought it for $80 on release, I would have given it 1/10. If you're not a dedicated review site, it has to be a bit more explicit than that. If Nintendo sent DS systems to random people, and those people went around posting how awesome the DS is, that would be fine, because Nintendo didn't ask them to do it, and has no way of knowing if they are doing it. They only need to disclose if they're being paid to do it explicitly, as in they go in, Nintento checks up on their blogs and tweets and Amazon.com reviews, etc. THen they have to disclose. If they are getting paid/gifted with no expectation of a good word, and no review, that's fine. It would never happen though, because who gives people money for nothing, just hoping they'll "get the picture" and start astroturfing. And yeah, it requires judgment, because the "agreement" might be under the table.

      Anyways, with that in mind, your wife would have to be explicitly paid by the friend, in order to put the link there. Since it's not a review, and your wife is not reviewing free samples of the product/service, it must be an explicit sponsorship. It's all about conflict of interest. Absent an understanding that your wife won't get a Christmas gift unless her link using sufficiently glowing language, there's nothing wrong with it.

      I can tell you right now my wife will neither remove the link, nor post a disclaimer.

      Good luck with that, FTC! I pity the agent who has to deal with her over this issue. It'll be the most painful 11 grand ever collected.

      Hmmm, can't be that good of a friend, if your wife would fight with such tenacity, to avoid calling her a friend publicly ;)

      --
      ASCII stupid question, get a stupid ANSI
    4. Re:Score another one for the corporations. by 5KVGhost · · Score: 1

      Is a disclaimer required on her site? Because if so, then this is a win for the mega corporations. If I can't recommend my friend's service, then only massive corporations will get any advertising at all.

      You'll find that government regulation is almost always a big win for mega-corporations. That's not by accident. They naturally want to price small operators out of the market. They can't do it by collusion or illegal trusts, so they convince do-gooders in the government (may of whom imagine themselves to be anti-corporate) to do it for them instead. The more vague and broadly reaching the better.

      So then you have the CPSC going after home crafters, old books, and yard sales. And the Federal Trade Commission given the power to selectively destroy random people for engaging in what should be protected speech. But it's for our own protection, so it's ok.

    5. Re:Score another one for the corporations. by BooRolla · · Score: 1

      I think it'd be more for "quid quo pro" scenarios where one is explicitly given something for a positive review.

      Besides, your wife could always mentioned she has a relationship negating the concern. Frankly, it would probably INCREASE the usefulness of the recommendation. If your wife has a trusted relationship with her site goers, then your wife's acknowledgment of her long-term relationship will transfer trust to the recommendee.

      Why do you think people always ask trusted friends if they have a recommendation for [occupation]?

    6. Re:Score another one for the corporations. by bit01 · · Score: 1

      what should be protected speech.

      Fraudulently misrepresenting yourself is not and should not be protected speech. You can still say whatever you like as long as the association is clear, either by context or by an explicit warning.

      ---

      An unobtrusive ad is a non-functional ad. It is a non-sustainable business model.

  32. Not the real problem by lee1 · · Score: 1

    The insidious problem is not straightforward payment for sham reviews. It is analogous to the old-fashioned phenomena of magazines about cars or local magazines with restaurant reviews. Their source of income is advertising from automobile manufacturers and local restaurants. They may not be accepting payment in return for favorable notices, but their coverage happens to be favorable. The publishers know that if it ceases to be favorable, their revenue dries up. If a publication contains advertising, we know, I hope, that the content is inevitably influenced by it.

    The influence can simply lead to stories not being covered. Has NPR's heavy, and daily growing, corporate advertising caused them to decide not to cover stories embarrassing to their corporate patrons? I don't know, but it would seem inevitable that editorial decisions will eventually be influenced by the dependence on corporate cash.

    This problem immediately transferred itself to the web, and is not touched by the new FTC rules. The publisher of Tinderbox (a commercial knowledge management program for the Macintosh), for example, can come right out and offer advertising in return for reviews, with the unsubtle implication that those reviews should be favorable, but he's not offering to pay directly for the coverage, so this does not run afoul of the regulations. The reason that this is more insidious than straight out cash for sham reviews is that the latter, I think, are easier to spot. When someone is praising a product or service and receiving, or hoping to receive, the benefit of advertising, the writer may not even be aware of the influence.

    1. Re:Not the real problem by canajin56 · · Score: 1

      Yes, that runs afoul of the regulations. Specifically listed as an example, are magazines who receive sponsorship (ads) or free samples. Even with no explicit request for preferential treatment, there is the understanding that they are paying you money, and if you start giving them bad reviews, they will take that money elsewhere. The regulations say that if it's a review, as in an actual review, then you have to disclose any sponsorships or freebies. If the game you reviewed was given to you to review for free, even without the explicit statement that it better be good, then you have to say so. The key is an undisclosed conflict of interest. AMD gave me a free shirt just for going to their site, once. I don't have to disclose that whenever I mention that I use a Radeon Card. Because there's no conflict of interest, I'm not under the impression that they're watching my Slashdot account, and will give me more shirts if I talk their stuff up.

      --
      ASCII stupid question, get a stupid ANSI
    2. Re:Not the real problem by lee1 · · Score: 1

      How is the situation I describe covered by the regulations you describe? You mention the requirement to "disclose any sponsorships or freebies". If the advertising appears on the site, it's obviously disclosed, right?

  33. The Anne Hathaway has "got my tongue". by Impy+the+Impiuos+Imp · · Score: 0, Offtopic

    There are two ways for these SF "headridge of the week" shows to proceed:

    1. Your ship goes around from star to star

    2. You bring the aliens by you on a choke point.

    Most Star Trek is the former, and DSN the latter.

    Stargate was a hybrid. Now this is fully #1? What was the "problem" with the Stargate method that needed fixing -- by making it exactly like every other SF show. And, specifically, apparently a clone of Voyager?

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    1. Re:The Anne Hathaway has "got my tongue". by Anonymous Coward · · Score: 0

      Off topic? WTF, welcome to slashdot!

  34. Re:Moderation by Anonymous Coward · · Score: 0, Troll

    I'm the guy that modded many of your comments in this story down. It looks as though you are trolling. You've written at least a half a dozen rabidly anti-government, anti-regulation screeds in this story. I'm sick and fucking tired of a few libertarian types with loud voices attempting to convince everyone that the government is evil and everything it does is wrong and bad. Government and laws exist to protect the weak and powerless from oppression at the hands of the sociopathic and powerful. I modded you troll because you are an apologist for unrestricted tyranny of the rich and powerful over all other interests. You don't want regulation because you know it is a way for the powerless to stand up against the powerful, and in your mind, the powerless are powerless because they should be and the powerful have power because they deserve it. In your mind, anything that moves society away from this natural state of affairs where the powerful oppress the powerless is evil and unnatural, So, LOTS of troll mods for you today, buddy.

    Troll hunter OUT.

  35. Solution by kenp2002 · · Score: 1

    I offer the following icons to assist (the idea of icons, an artist can make em):

    ($$$) Paid Review - Indicating that the reviewer was directly paid

    (MR) Loaned Product - Indicates the review was loaned a unit that is returned to the manufacturer.

    (M=>R) Gifted Product - Indicates the reviewer was given a unit for the purpose of review.

    (M$=>R) Discounted Product - The reviewer was sold a unit at a discount knowing it was to be reviewed.

    (DA) Direct Affiliate - An agent of the manufacturer or in their employ (Ad agency under contact for instance. A gaming magazine that the manufacturer buys advertising space from)

    (IA) Indirect Affiliate - An agent of a company that has no direct relationshiup with the manufacture. (A New Egg employee would be an indirect affiliate of NVIDIA for example.)

    (OoO) Clean - This reviewer was not compensated in any way shape or form. The product reviewed was purchased at full retail price from a retail vendor and the reviewer is not an affiliate. In short: none of the above.

    These icons are to be presented under the review or article byline sized to the same height as the byline and space warranting may be presented on the same line as the byline.

    --
    -=[ Who Is John Galt? ]=-
    1. Re:Solution by Anonymous Coward · · Score: 0

      You forgot the obvious:

      (8==D) The manufacturer sends a representative to have sex with the reviewer.
      ( . Y . ) All the reviewer got was a look under the hood.

      P.S. The icons have already been made! No graphic artist required!

    2. Re:Solution by Blakey+Rat · · Score: 1

      What does the M and R stand for?

    3. Re:Solution by kenp2002 · · Score: 1

      Manufacturer and Reviewer

      --
      -=[ Who Is John Galt? ]=-
  36. One blogger's repsonse: "Fuck that!" by professorguy · · Score: 1

    Any gifts were obviously personal and the businesses were not involved (though they are sole proprietorships so that's fuzzy already). But how will it play out? Well I guess we're going to find out how the law works in practice because I can tell you right now my wife will neither remove the link, nor post a disclaimer.

    Good luck with that, FTC! I pity the agent who has to deal with her over this issue. It'll be the most painful 11 grand ever collected.

    1. Re:One blogger's repsonse: "Fuck that!" by Sandbags · · Score: 1

      WTF? why would you not simply provide a disclaimer, or list the link as an "advertisement?"

      You're a stupid fucking ass to WISH for the FTC to come down on you, especially blogging about it on a public forum they're likely to have someone reazd.

      If the link is benign, and simply a friend linking another friend's business, then you;re clear. If it's an honest "endoresemnt" they you SHOULD, both by the law and for MORAL reasons disclaim the intent of the link.

      Depending on how it's already posted, you MAY ALREADY BE IN COMPLIANCE. The "my friend runs this buinsess and you should check it out line" clearly disclaims your wife is not a customer making a review, but a known acquaintence of the other business who may have a biased opinion. That's all you need to do, if that at all.

      REFUSING to comply with the law, in a public forum? Your wife should leave you now so at least she has half of something to take...

      --
      There is no contest in life for which the unprepared have the advantage.
    2. Re:One blogger's repsonse: "Fuck that!" by Sandbags · · Score: 1

      Of course, that was harsh, and one should point out that the FTC could really give a fuck about your wife and her friend. This law was passed, in spirit, to eliminate people making illigitimate posts, or endorsing products with unreasonably high ratings because they got PAID to do so and failed to make people aware of that.

      When you see a celebrity on TV, you understand the endorsement is paid. When you see some random named schmoe in a "user rating" you have no idea if the endorsement is legit or not. This ends the confusion (or at least, provides the FTC with a method for dealing with companies who solicit such advertizing gimicks, or who fail to properly document gifts, freebes, and payments to professional reviewers.

      --
      There is no contest in life for which the unprepared have the advantage.
  37. Slashdot Busted!! by happy_place · · Score: 1

    Finally! Now CmdrTaco and his ilk at Slashdot will be forced to disclose how they pay Bill Gates and the Execs at Microsoft thousands of dollars to interview them... (as if their mockery convinces us that they're not secretly bankrolling them!)

    --
    http://www.beanleafpress.com
  38. Re:Excellent. After 8 years the FCC is showing som by jmac_the_man · · Score: 1

    My only wish is the penalty for someone not disclosing he is a paid corporate shill should be de-balling.

    As laughable as the rest of this post is, (very much so, FCC =/= FTC, plus have you seen what Obama wants to do with the FCC?) this part is maybe unintentionally insightful.

    Back in the day, the penalty for lying used to be "they'd cut your balls off." This is why back in antiquity, women wouldn't be allowed to testify in court. It's also why "testify" and "testicle" have the same root word.

  39. Cure is worse than the disease by IronChef · · Score: 1, Insightful

    I would rather see people educated instead of regulated.

    1. Re:Cure is worse than the disease by SOdhner · · Score: 1, Informative

      I would rather see people educated instead of regulated.

      Right. That's what this is. The changes are requiring the ads to *educate* the consumers regarding the strings attached to "endorsements". It's a really good thing, that will make it a little bit harder to lie or mislead people. Seriously, nobody is trying to take away your free speech or say that you can't endorse things all that you want. This is just about increasing the amount of truth in advertising.

  40. Compensation already Defined by Roger+W+Moore · · Score: 1

    There must already be legal definitions of compensation in the US otherwise income tax would be trivially easy to avoid. "What salary? This was a 'gift' from the company." It's true that laws can lag company practices by a few years - as was the case with company cars in the UK - but they inevitably catch up. In fact when tax money is involved it is amazing how rapid governments can move.

    1. Re:Compensation already Defined by shentino · · Score: 1

      When it comes down to it all that matters is not pissing off the regulators that have the power to finger you and drag you into court over it.

      The IRS, as an agency that you Just Don't Fuck With (tm), is not one you want to draw attention from by playing semantics games, for example.

  41. You're So Funny by ratboy666 · · Score: 2, Insightful

    Let's cut to the net net (Just reading Raymond Chens blog, and I decided to get with the Microsoft speak). I am not in the US. I do not post in the US. My English is excellent, and I am able to either compose my own "reviews", or would be willing to simply post your reviews.

    My rates are reasonable, and I am willing to work under aliases.

    Contact me via email for your astroturfing and viral marketing needs. Payment accepted in US Currency, Euros, Canadian Currency, or (if I can actually be convinced that the product doesn't blow), product.

    ==

    In other words, WTF are you thinking? All that will happen is that the astroturf business will "offshored". Next, the buying of these services has to be made illegal, but that will take years (actually, I predict never), but when/if that happens, the astroturf campaigns will simply be managed in an offshored basis as well.

    --
    Just another "Cubible(sic) Joe" 2 17 3061
  42. Biases by Blink+Tag · · Score: 3, Insightful

    However for political and social commentary, what do I get from reading a web log written from the point of view of my own biases? Someone to tell me what I already believe so I can respond with how insightful the poster is?

    What do you get? You get to be like the vast majority of people. We (often unconsciously) seek out those that are similar to us as a way of validating ourselves. If others are like us, we must be pretty good people. If (smart|rich|famous|powerful) people think the same way we do, we must then be more valuable. Feeding our self-image leads to some pretty potent biases.

    And while you certainly deserve kudos for seeking out those with conflicting opinions in order to challenge your world views, it is still highly likely you're seeking out those like you. (You're on Slashdot, for goodness sakes.) Most of your friends are likely of similar age, marital status, education, and ethnicity. They have similar interests to you.

    Trying to overcome these biases can be a good thing. Just don't think you've beaten them.

    1. Re:Biases by sadness203 · · Score: 1

      Yeah, because one million lemmings jumping of the cliff make them right!

    2. Re:Biases by falconwolf · · Score: 3, Interesting

      And while you certainly deserve kudos for seeking out those with conflicting opinions in order to challenge your world views, it is still highly likely you're seeking out those like you. (You're on Slashdot, for goodness sakes.) Most of your friends are likely of similar age, marital status, education, and ethnicity. They have similar interests to you.

      Similar interests yes, but not similar beliefs. For instance a number of people on slashdot, including myself, support free markets whereas others prefer socialism. Some support proprietary software, some FOSS, and some like me like or use what works.

      Falcon

    3. Re:Biases by PReDiToR · · Score: 2, Informative

      Lemmings don't commit suicide.

      Making the world a brighter place, one myth at a time.
      No offence.

      --

      Do not meddle in the affairs of geeks for they are subtle and quick to anger
  43. Re:Moderation by TheKidWho · · Score: 3, Informative

    Because you're being paranoid and delusional.

  44. Good to see the FTC back at work by Animats · · Score: 1, Informative

    The FTC was totally out to lunch during the Bush years, especially on false advertising. Looks like they're back.

    A few more things they have to catch up on:

    • Enforcement of correct price advertising. The price most prominently advertised must be the actual price at which you can buy the thing. Not the "price excluding various fees". Not the "special introductory price that goes up in 3 months". The FTC used to be strict about that, and they need to crack down again. They'll probably also have to get after the scam of advertising a low price and tacking on huge "shipping fees", a popular scam on Amazon.
    • Prohibiting "up to" number advertising without equally prominent "at least" numbers. No more "High speed Internet up to 18 megabits/second". Speeds should be listed as "Speeds from 1 to 18 Megabits/second".
  45. PLEASE CALL IT BLETHICS!!!!! by Anonymous Coward · · Score: 0

    I need yet another reason to hate the world...

  46. Re:Moderation by LordKronos · · Score: 2, Insightful

    I'm guessing you got modded troll because you said "We have a White House that can't even stand the idea of people criticizing the president without getting reported to flag@whitehouse.gov". The purpose of that email was not because Obama couldn't stand being criticized. It was because republicans were blatently lying about health care in order to obstruct passing a health care bill. If all they are doing was criticizing him, I don't think Obama could have cared less. It was the trolling they were looking to be kept up on. Granted, I too have issues with the way they went about the process, but for you to say it was because he was being criticized...well, I too would mod you troll if you hadn't asked for an explanation.

  47. Devils Argument by SuperKendall · · Score: 1

    I want to read from that other 20% where people are talking about rattling, quirks, and bad experiences.

    Those 80% are usually from Joe Sixpack applauding the number of cup holders and the glovebox, or couldn't tell a quality DLP tv from a 10-year-old analog projector TV.

    On the other hand, the 20% can be from competitors, and many times are from chronic complainers. There's just as much noise in negative reviews, and it can be hard to tell what is really a problem or one guy with a bad experience that is not generally repeated.

    Looking around the internet for complaints does not seem like it would reveal a wealth of productive data.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  48. What's the difference? by a+whoabot · · Score: 1

    Is fraud not already illegal?

    If someone is paid to say "This I-pod rocks!", or someone else is not paid to, but says it anyway, what is the difference? Both reviews are entirely devoid of information. If anyone uses either case to help them decide on what portable audio player to buy, then shame on them for their lack of critical thinking. Unless of course you already know the reviewer to be trustworthy and you accept his opinion as to what is simply good to apply for you.

    If someone is paid by Apple Incorporated to say that "This I-pod can play Vorbis-encoded audio files", when it does not, then is that not just plain fraud? So it seems you can trust paid-for reviews even more for what really matters -- the facts -- because they have a disincentive to lie: Being charged with fraud. Someone who has no monetary involvement could just make up whatever lies they want. Why they would want to, I do not know, but trolls do abound.

  49. They reveal more than the glowing endorsements by Moraelin · · Score: 1

    Sorry, from my experience they still reveal more than the glowing endorsements.

    See, we're not mindless bots. If Joe Random said "Game X is teh sux" or "Car Y is teh gay", it doesn't mean I'll take it as gospel. For a start, I will look into what his complaint is.

    E.g., if it's as trivial as the complaints about the view angles on widescreen monitors in Bioshock, that's actually a good sign. People usually get to noticing that kind of details if there aren't more glaring faults to pan. That goes for astroturfing competition reviews too. If the product had more glaring problems, they'd latch on to those.

    E.g., what he disliked, maybe I like, so it's actually factored in as "good" in my final decision. E.g., if someone were to pan a game for being turn-based and thus sooo 1990's, heck, I like turn based games. I'll buy it.

    And other stuff is just information, again, to be judged and weighted by my own criteria.

    But that's just the important part: it's information. Which all of those sites writing only the glowing endorsement parts, left out. They're only telling me half the story.

    --
    A polar bear is a cartesian bear after a coordinate transform.
  50. How about instead... by istartedi · · Score: 1

    ...we just require professional sites to follow these rules? That would kill two birds with one stone--it would weed out potentially false reviews, and it would help bring professional journalism into the digital age. If you want to be a professional site, you have to follow the rules to maintain your license. If you don't want to be a professional site, then you can say whatever you want; but those who are looking for a review and want some level of professionalism might be less likely to listen to you.

    Now, Slashdot itself might decide to register as a professional site even though its users posting comments aren't professionals. That's fine. A professional site can have user-generated content, as long as it's easily distinguishable from professional content, and on Slashdot that's easy. The main story at the top would have to follow professional guidelines. User comments like this one wouldn't.

    There, FTC. Fixed that for you.

    Now I'm going to have a cup of Pete's coffee. It really is very good.

    --
    For all intensive purposes, "whom" is no longer a word. That begs the question, "who cares"?
    1. Re:How about instead... by gmhowell · · Score: 1

      I wish to be a citizen journalist. Where can I get my professional journalist license?

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
  51. It's not just about biases by Moraelin · · Score: 1

    It's not only about having the same bias, but sometimes also about evaluating the same criteria at all.

    E.g., I've seen TFT monitor and TV reviews which didn't even go deeper than "ooh, this one looks glossier than that other one. Teh shiny is soo pretty! Kawaaaaiii!" Not an exact wording, but that was the general idea. At the end of the review I knew which looks prettier, and had a good idea of how good do the brushed aluminum buttons look against the shiny plastic frame. But I was left completely unenlightened about such "details" as latency or contrast.

    I like to check behardware, for example, for monitor reviews because they actually measure ghosting and display lag with a fast camera, and provide comparisons on those criteria. It's not a case of same bias (sometimes my pick would be different than theirs), but that's genuinely information which 90% of the other sites don't provide at all.

    --
    A polar bear is a cartesian bear after a coordinate transform.
  52. Gotta love these honest corps huh? by falconwolf · · Score: 1

    Anytime a law comes in that forces them be be honest they'll seek a way round it to continue shafting people.

    Sounds just like government. However whereas businesses don't have firearms to enforce what they want government does.

    Falcon

    1. Re:Gotta love these honest corps huh? by Bob_Who · · Score: 1

      whereas businesses don't have firearms to enforce what they want, government does.

      Business buys whatever it wants, including firearms, governments, and public opinion.

    2. Re:Gotta love these honest corps huh? by Mr.+Slippery · · Score: 2, Insightful

      However whereas businesses don't have firearms to enforce what they want government does.

      Of course they do. In a capitalist system, the government's primary job is to "protect property rights" -- i.e., to put its firearms at the beck and call of the business class.

      If businesses didn't have government guns for enforcement, there would be few rent payments made.

      Let me also direct you to the use of the historical use of the army and National Guard as strike busters.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    3. Re:Gotta love these honest corps huh? by falconwolf · · Score: 1

      Business buys whatever it wants, including firearms, governments, and public opinion.

      Businesses buying firearms? Sure but how many businesses do you see brandishing firearms against people? Government? It only matters if businesses buy government when said government is big and powerful. A small and weak government doesn't have much to offer businesses. Businesses buying public opinion? Sure, businesses can buy some people's opinion, those who can't think for themselves or who are greedy. However people have to power to force businesses to their will. Do you really think apartheid would have ended in South Africa without strong public opinion? Quite simply stockholders big and small forced the corporations they owned shares in to either actively oppose apartheid or to pull out of South Africa, to disinvest.

      Even major US corporations are changing, or seeming to. Look at the top 10 companies in the US at least trying to greenwash themselves. One of those is GE with it's $90 million "Ecomagination" advertising campaign. Now I'm not saying all of them are actually trying to clean up, I bet many are only trying to hoodwink the public (where do you think Greenwash comes from?), but with shareholders pushing some corporations are trying to do good.

      However what that Huffington Post article does not say is that in the US the government is by far the biggest polluter. Governments routinely exempt themselves from laws they pass. Weak governments don't have that ability.

      Falcon

    4. Re:Gotta love these honest corps huh? by falconwolf · · Score: 1

      Let me also direct you to the use of the historical use of the army and National Guard as strike busters.

      And let me direct you to Thomas Jefferson's quote on standing armies. He even warned against the "aristocracy of our moneyed corporations". Of course now that we have big government we have the corporate aristocracy as well.

      Falcon

    5. Re:Gotta love these honest corps huh? by Mr.+Slippery · · Score: 1

      And let me direct you to Thomas Jefferson's quote on standing armies.

      While I'm not inclined to take the opinions of a slave rapist as gospel, I do think that centralized power -- including both standing armies and capitalism -- is a problem.

      Of course now that we have big government we have the corporate aristocracy as well.

      You seem to be insinuating that somehow "big government" gave birth to the corporate aristocracy. No. Most of what laissez-faire types call "big government" is just an attempt to put some control on the aristocracy.

      (Generally a feeble attempt, given the relative size of big business to the government agencies that supposedly reguate them. ExxonMobil's profits, for example, are about four times the entire budget for the EPA -- so if the EPA devoted itself entirely to policing this one oil company, ExxonMobil could outspend it three to one and still remain profitable.)

      I'd love a smaller government -- one with less ability and authority to issue corporate charters, land deeds, patents and copyrights, and basically do all the things that empower the capitalist class, concentrating control of property into the hands of a few. But I don't want a government made smaller by taking away its ability to leash the monsters it's creating with it's other hand.

      Government is a vector quantity, having not only size but direction. More important than it's size is whether it points toward a system of aristocrats and serfs, or towards justice and equality.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    6. Re:Gotta love these honest corps huh? by falconwolf · · Score: 1

      You seem to be insinuating that somehow "big government" gave birth to the corporate aristocracy. No. Most of what laissez-faire types call "big government" is just an attempt to put some control on the aristocracy.

      No big government didn't give birth to the corporate aristocracy but it did give them power. And it's usually big businesses who create regulations that are supposed to control them. Instead however regulations usually drive up costs to reduce or keep out competition. Want to start a lawn care business? Some states require a license as do some counties and cities. Heck in elementary school I was mowing neighbors' grass for spending money. The only reason to have a regulation requiring me to have a license or be certified is to prevent me from doing lawn care.

      Falcon

    7. Re:Gotta love these honest corps huh? by Mr.+Slippery · · Score: 1

      Want to start a lawn care business? Some states require a license as do some counties and cities.

      Which is annoying (trust me, I run two small businesses that require me to have licenses or registrations with Maryland, I know the pain) but not generally fatal.

      The only reason to have a regulation requiring me to have a license or be certified is to prevent me from doing lawn care.

      Or to collect sales taxes. Or to make sure you're not exploiting employees, or hiring undocumented workers. Or to make sure you're not poisoning the environment with misuse of pesticides or fertilizer. Or to make sure you're aware of local noise ordinances so you don't wake me up at 7am with a gorram gas-powered weed whacker. Or to see to it that you post a bond as insurance that you won't collect a whole season's payment up front and then skip town, or that Mrs. Jones will be reimbursed if you mow down her expensive rosebush.

      Is it overkill to make a kid mowing his neighbor's yard get a state license? Probably, I sure didn't have one when I was 15. Is it overkill to make a large landscaping company get a state license of some sort? Probably not. Is it some great conspiracy if the kid gets caught up in the regulations meant for the large landscaping company, some deliberate attempt to keep the kid from mowing lawns? No, it's most likely simple oversight or bad planning, and in most cases I expect the kid and his or her customers will ignore the law without consequence.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    8. Re:Gotta love these honest corps huh? by falconwolf · · Score: 1

      Or to collect sales taxes. Or to make sure you're not exploiting employees, or hiring undocumented workers.

      Not every state has sales tax on services. Of those that do, how many include grass mowing or lawn care? Boy, I must be abusing myself cutting grass. I guess I'd better run the neighborhood kid's SSN through the system to make sure he isn't undocumented. While I'm at it I might as well collect income, FICA, and other taxes so I can remit them to the IRS as well.

      Is it some great conspiracy if the kid gets caught up in the regulations meant for the large landscaping company, some deliberate attempt to keep the kid from mowing lawns? No

      Yes it is, well maybe not a "great conspiracy". It takes little effort to include the phrase "teenagers mowing neighbors" lawns are exempted" or some such.

      Falcon

    9. Re:Gotta love these honest corps huh? by Mr.+Slippery · · Score: 1

      Not every state has sales tax on services.

      Not every state requires the licensure you're complaining about, either.

      I guess I'd better run the neighborhood kid's SSN through the system to make sure he isn't undocumented.

      If you think you might run for office or be appointed to a government position someday, that might be a good idea...

      But someone cutting your lawn counts as a independent contractor, and so you don't have a legal responsibility for that (or for FICA, etcetera). My point was that if you're doing the lawn cutting, and you hire someone to work for you, you are responsible for all that stuff, which is why some states require a business license for pretty much anything.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
  53. If I read a web log written from a different by falconwolf · · Score: 1

    perspective, I might actually learn something (I know--scary thought).

    It is scary, therefore many don't like reading something that contradicts their beliefs.

    Falcon

  54. game magazines/blogs will feel this by garylian · · Score: 1

    So, all those gaming mags and their companion websites, as well as other sites, will start taking it on the chin.

    "Here at (blahgamers!) we consider (newgameX) to be absolutely killer! The graphics were uber, the gameplay awesome, and the chicks had almost nothing on!*"

    *The above review was compensated for by (producers of newgameX) with a free lifetime subscription to (newgameX), a cool $5K, and dates with each of the kiosk girls we used at the last game convention. Condoms not included.

  55. Re:Moderation by Impy+the+Impiuos+Imp · · Score: 1

    "And the Democrats were, themselves, blatantly lying about Health Care." As Abbot and Costello might chime in together at this point, "Third base!"

    Hint: It's about the government tracking people. You fight the battle on unsavory things like "Well, my side is doing it, so it's ok," lest it get to places that actually matter. Oh, and in the mentioned case, it does matter.

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  56. windows 7 by gearloos · · Score: 1

    ...and to sum it up, Windows is a wonderful, easy to use producy and I would... oh dam.. just read the article..er..nevermind

    --
    "Computers are a lot like Air Conditioners" "They both work great until you start opening Windows"
  57. As (almost) seen on TV by maxwells_deamon · · Score: 1

    Font size = 1.
    font color = background color.
    Or animated gif showing 200 word message for three seconds.

  58. Re:Excellent. After 8 years the FCC is showing som by ygfperson · · Score: 2, Informative
  59. regulations on reviews by falconwolf · · Score: 1

    It's not the free copies of books/movies/whatever that are troubling (to me). It's the strong correlation between positive reviews and lucrative advertising contracts on some sites that I find deceptive. That's the part that should be disclosed.

    I don't think regulating reviews, which is what this is, will solve anything. A freer market can though, if a blogger posts a review that's bad then it readers will learn not to trust the blogger. And by bad I mean a review that is not truthful.

    For those who believe regulations do solve problems take a look at Bernie Madoff. SEC investigators advised he be investigated under existing regulations but was he? No. Before Madoff was Charles Ponzi, arrested in 1910. Between Ponzi and Madoff was Iva Kreuger who shot himself in 1932 after his global empire came crashing down in scandal.

    Falcon

  60. The government is not your nanny by dirkdodgers · · Score: 1

    It is not the role of government to protect you from failure to exercise good judgement, or from the consequences of acting without it.

    1. Re:The government is not your nanny by RyuuzakiTetsuya · · Score: 1

      Libertarian troll, but I'll bite.

      Failure to exercise good judgment is impossible if you're not fully aware of the purchase you're making.

      --
      Non impediti ratione cogitationus.
    2. Re:The government is not your nanny by mr_java66 · · Score: 0

      Right. The exercise of good judgment requires knowledge. People who hide material information in their blogging, like payola, should be punished.

  61. How is this about politics? by falconwolf · · Score: 1

    Political parties and politicians are reviewers of the policies they advocate. They will lie and twist the truth to sell their policies.

    Falcon

  62. Something People Are Missing by M$+Mole · · Score: 1

    This could easily spell doom for independent blogs. I run a review blog. I receive tons of samples. My sample policy is always that I don't give you a good score for giving me a sample, but I will let you know when I post the review - IF I post a review.

    Companies are willing to take this risk because any coverage is good coverage for them and all it cost them was a bottle.

    These new rules state that if I were to review a product for, say, Logitech and not disclose that I was reviewing a provided sample, the Federal Government could fine BOTH me AND Logitech $11K. Now, with that potential liability, what's in it for Logitech to send me that sample to review? Now they're risking a five figure fine from the government every time they send a sample to a blogger that isn't affiliated with some large media organization that can guarantee compliance. Even if I intend to comply with this rule, Logitech's best interest is to avoid me and my ilk like the plague - further marginalizing independent media and favoring the print media.

    --
    Karma: Non-existant. Due mostly to the fact that you smell funny and nobody likes you.
    1. Re:Something People Are Missing by SuiteSisterMary · · Score: 1

      Why would you not simply, and as a matter of straight ethics, always post a 'this product was sent to me as a sample by the company' or 'a retail version of the product was provided by the company' or 'This product was purchased at retail by me?' or whatever?

      It's pretty common practice

      --
      Vintage computer games and RPG books available. Email me if you're interested.
  63. Re:Excellent. After 8 years the FCC is showing som by Bob_Who · · Score: 1

    Back in the day, the penalty for lying used to be "they'd cut your balls off." This is why back in antiquity, women wouldn't be allowed to testify in court.

    ... they were probably busy castrating ye olde bloggers and corporate scum.

  64. Re:Excellent. After 8 years the FCC is showing som by allcaps · · Score: 1

    FCC = FTC They're both in the federal government, and they are equally culpable for any restrictions on individual liberty that comes out of that hot mess.

  65. We've got bigger issues by rmullins · · Score: 1

    I am in the online marketing industry and have mixed feelings about this.

    On one hand, I think it's very good because it will create more transparency which keeps the public from getting screwed. Believe me, there is A LOT of deception in this field, and it's always the consumer that takes the hit. As a practice though, I believe it's more valuable to the company to make sure the blogger is being completely honest about the product, and this decision would promote that - or at least let consumers know that they are dealing with a biased opinion.

    On the other hand, I wonder if this is an infringement on our constitutional rights. Take publications for example. I'm in the home theater industry - when we want a review in a publication of any sort, it is expected that we are going to advertise with that company. I've even had publications hold our product review hostage until we signed a year-long ad agreement. Everyone does this. Everyone. And you better believe that it effects what is written in the review. There's no way a publication is going to bash a product, even if it is completely deserved, if a year-long ad agreement is at stake.

    My point is that practically everything is biased for a myriad of reasons - don't even get me started on the News - but the question is, by cracking down on this system, are we restricting our Freedom of Speech?

  66. This should cover product reviews, too... by forrie · · Score: 1

    I wish this would cover product reviews, such as those on amazon.com. It's really frustrating; some of them are so obviously bogus.

  67. lobbying by falconwolf · · Score: 1

    From my point of view (which is admittedly probably limited) it seems like the entities that use it the most are corporations and special interest groups which always seem to be using it to push their rather self-serving agendas that aren't always for the public's good.

    Corporations should not be allowed to lobby. Special interest groups are usually formed by citizens. The National Audubon Society is a special interest group. So is the AMA, Consumers Union, and the Shriners.

    I suppose when I was talking about "legalized bribes" I was speaking more of things like campaign donations (which definitely need to be gotten rid of)

    I shouldn't be allowed to make a campaign donation to a candidate I support? You'd make all those millions of dollars Obama and Ron Paul raised illegal? So only those who are independently wealthy can run for a political office? Does political speech mean nothing them? Who then pays for campaigns? Taxpayers? I certainly don't want any money I work to earn to go to either Hillary or McCain so they can be elected. I'd rather be able to willingly donate to those I support.

    Falcon

    1. Re:lobbying by Dotren · · Score: 1

      I shouldn't be allowed to make a campaign donation to a candidate I support? You'd make all those millions of dollars Obama and Ron Paul raised illegal? So only those who are independently wealthy can run for a political office? Does political speech mean nothing them? Who then pays for campaigns? Taxpayers? I certainly don't want any money I work to earn to go to either Hillary or McCain so they can be elected. I'd rather be able to willingly donate to those I support.

      It seems to me that the people who are running for office now (or, I should say, the people who actually will win) are normally already independently rich. Moreover, campaign contributions are further pushing us into a two party system (although I might argue that we're already a one party system.. everyone has the same basic agenda but takes different routes to get there). When was the last time any political party other than the Democrats and Republicans had a snow ball's chance in Hell of winning? How many commercials do you see a night from one of those other parties versus the 2 or 3 every commercial break by our two leading parties?

      Why do we really need all of those commercials in the first place? They don't add anything really to the campaign other than pushing voters around by using fear mongering, mudslinging, and misleading statements.

      IMO the political parties all need to start on equal ground. Would it really be that bad to have a tax that went into a fund that got split up and given to all of the candidates at the beginning of the campaign? They'd each have a set amount to work with and they wouldn't be able to spend it frivolously.. once its gone its gone. Who cares if you give a little to an opposing party... they'd just be one of, hopefully, many and maybe we, as a people, could feel a bit better about who won knowing that they may have actually won on the issues and not on money. I think a system like this may actually give other parties a chance to flourish or at least make themselves a little more known to the general populace.

      People may feel the same way you do about their money going towards other parties but has our current system really done that much better for us?

      Again, the real reason I feel like campaign contributions are a problem is how they're negatively used. Why should a wealthy individual's or a corporation's point of view be more important than any other citizen's just because they can afford to dump a large sum of money into their favorite pocket-politician's war chest?

    2. Re:lobbying by falconwolf · · Score: 1

      IMO the political parties all need to start on equal ground. Would it really be that bad to have a tax that went into a fund that got split up and given to all of the candidates at the beginning of the campaign?

      Equal opportunity not outcome. And yes it would be bad, I want the ability to decide for myself who I will support otherwise I'm not free. I used to be one of those who checked the box on tax forms saying I wanted a dollar to go to the government fund but now I don't.

      Why should a wealthy individual's or a corporation's point of view be more important than any other citizen's just because they can afford to dump a large sum of money into their favorite pocket-politician's war chest?

      Who is responsible if a corporate lackey is elected" Aren't the voters responsible?

      After the US Supreme Court's ruling in the Kelo v. City of New London case, where the city of New London used eminent domain to condemn homeowners' property to give the land to a large corporation, people throughout the US protested. Because of the outcry some cities and states made it much harder to use eminent domain to condemn property. People deserve it if they elect corporate politicians. I wonder how many of those politicians who okayed the condemnation in the Kelo case are still in office now.

      Falcon

  68. Re:Excellent. After 8 years the FCC is showing som by Macthorpe · · Score: 1

    Nnnno.

    --
    "It does not do to leave a live dragon out of your calculations, if you live near him." - Tolkien
  69. The CEO of Whole Foods story is overblown by falconwolf · · Score: 1

    he basically just made a few of his personal opinions anonymously on usenet. Nothing that could ever drag stock prices down.

    Overblown? I don't know. If what was said was his opinion that's one thing but if he lied that's something else. And it is possible to drive stock prices up or down based merely on public opinion. In a rational market public opinion wouldn't affect stock prices but we do not have a rational market. Frequently investors see a rise or drop in stock prices when earning are higher or lower in a report than was forecast.

    Falcon

  70. reviews by falconwolf · · Score: 1

    If you read a product review, you need to know if it came from an independent source, of if it's some weasel's idea of "guerrilla marketing".

    Yea, I learned that years ago. Well relearned it, and I'll probably relearn it again. I have some personal examples from more than 10 years ago. Two were when I was choosing computers and another the monitor. I wanted a computer I could use as a server and another that was a laptop. The PC I choice as the server was a DEC Alpha powered Windows NT4 PC and the laptop was a Gateway. With the Alpha I bought all the market speak about the FX!32 emulator, how it could run almost all software that ran on Windows NT4. Well I was only able to install one software on it I bought. I was able to install a number of freeware/shareware programs though. Later I learned they meant 32bit not 16bit software. For the laptop I went with Gateway because I only read good things about the company, and Gateway had just bought the rights to the Amiga, I thought Gateway would revive it and Amigas were my favorite computers. Well they never did anything with the Amiga, and I had too many problems with the laptop. In the first year alone both the hard disk and motherboard had to be replaced. Because I wanted space for design I wanted a large monitor, and again hearing good things about Nokia monitors I bought a 21" monitor. Unfortunately it didn't display colours accurately. Even after I spend money to ship in it for repair, it still had a bluish-green cast no matter how I adjusted the colours.

    Falcon