Prediction: Affiliate Genie will make affiliate marketers slap their blogs.

10 Reasons Why The FTC Has Lost Its Mind

10 Reasons Why The FTC Has Lost Its Collective Mind

Good intentions make bad law. �Always has.

In the case of the federal government, and specifically the Federal Trade Commission (FTC), enforcing new rules and regulations will create concern among advertisers and bloggers, confusion for the public, and full employment for First Amendment and Administrative attorneys.

The new rules and regulations which reinterpret existing law, enacted by a unanimous 4-0 vote in October 2009, extend to anyone who reviews, promotes, or expresses an opinion on a product or service on the Internet. The rules apply to all advertising but seem focused on bloggers and affiliate marketers.

FTC rules are not law, but who wants to be the test case.

Here are X reasons why the new FTC rules will be as welcome as Homeland Security in a local mosque:

1. Bloggers who review products and include an affiliate link for readers to buy must disclose the relationship to the advertiser. �Nothing like wasting time and “digital ink” on the obvious.

2. A free review copy of a book or software is considered "compensation" for a blogger but not for a traditional media reviewer, such as a newspaper reporter. �What happens if the writer is both? �What if the newspaper has a blog or website that republishes the review?

3. The government claims all fines will be directed at advertisers, not individuals. �The government, of course, never lies to the people. It doesn't have to fine you. �Do you have deep enough pockets to fight the FTC in court?

4. There must be billions of affiliate links and reviews on the Internet. �I'm sure the FTC has enough employees to police them all. �How crazy is this goal? �Why not wait for a complaint?

5. What if my server is hosted outside of the U.S.? �Does this come under the FTC's jurisdiction? �How far will the power grab extend? �Am I subject to these regs by virtue of being a U.S. citizen?

6. If a celebrity endorses a product, then stops using it, can the advertiser still run the ads? �He paid for them. �Will testimonials disappear altogether?

7. The FTC says a blogger can return a review copy and not have received "compensation". �How does he return an ebook? �Delete? �Is the only value of a book the paper and ink and not the information contained within.

8. Does anyone believe selective enforcement will work? �If this is so important, why doesn't the FTC publish a suggested disclaimer for bloggers to use. �As it stands now, no one knows what will be sufficient to satisfy our bureaucratic masters in D.C.

9. "Results Not Typical" are no longer acceptable as a disclaimer. �I got relief from your back pain machine. �My wife didn't. �What's the average or usual or typical results?

10.Why can celebrities keep all the red carpet swag and traditional media institutions all the review booty, but an individual blogger cannot? �Equal protection under the law?

Some predictions:

1. The FTC will select a high-profile celebrity to assault and scare the advertising world. �Maybe Tiger Woods. �Given the government Cowardly Lion approach, they could be expected to pile on the family challenged golfer.

2. The first court to get a hold of this will throw out most of the new regs. �A judge who rubber stamps the guidelines will disappear into obscurity. �The bold one who publicly rebukes the FTC will get his or her own show on Fox.

3. Bloggers will create a mega disclaimer so long that no one will read it. �All disclaimers will become meaningless.

4. The FTC will spend millions of taxpayer dollars attempting to enforce the unenforceable. �No consumer except the borderline comatose will be protected, if anyone.

5. As a reward for spearheading this useless consumer protection drive, Richard Cleland will be promoted. �Maybe Homeland Security has an opening.

10 Reasons Why The FTC Has Lost Its Collective Mind

Good intentions make bad law. Always has.

FTC rules are not law, but who wants to be the test case.

Here are 10 reasons why the new FTC rules will be as welcome as Homeland Security in a local mosque:

1. Bloggers who review products and include an affiliate link for readers to buy must disclose the relationship to the advertiser. Nothing like wasting time and “digital ink” on the obvious.

2. A free review copy of a book or software is considered "compensation" for a blogger but not for a traditional media reviewer, such as a newspaper reporter. What happens if the writer is both? What if the newspaper has a blog or website that republishes the review?

3. The government claims all fines will be directed at advertisers, not individuals. The government, of course, never lies to the people. It doesn't have to fine you. Do you have deep enough pockets to fight the FTC in court?

4. There must be billions of affiliate links and reviews on the Internet. I'm sure the FTC has enough employees to police them all. How crazy is this goal? Why not wait for a complaint?

5. What if my server is hosted outside of the U.S.? Does this come under the FTC's jurisdiction? How far will the power grab extend? Am I subject to these regs by virtue of being a U.S. citizen?

6. If a celebrity endorses a product, then stops using it, can the advertiser still run the ads? He paid for them. Will testimonials disappear altogether?

7. The FTC says a blogger can return a review copy and not have received "compensation". How does he return an ebook? Delete? Is the only value of a book the paper and ink and not the information contained within.

8. Does anyone believe selective enforcement will work? If this is so important, why doesn't the FTC publish a suggested disclaimer for bloggers to use. As it stands now, no one knows what will be sufficient to satisfy our bureaucratic masters in D.C.

9. "Results Not Typical" are no longer acceptable as a disclaimer. I got relief from your back pain machine. My wife didn't. What's the average or usual or typical results?

10.Why can celebrities keep all the red carpet swag and traditional media institutions all the review booty, but an individual blogger cannot? Equal protection under the law?

Some predictions:

1. The FTC will select a high-profile celebrity to assault and scare the advertising world. Maybe Tiger Woods. Given the government Cowardly Lion approach, they could be expected to pile on the family challenged golfer.

2. The first court to grab hold of this will throw out most of the new regs. A judge who rubber stamps the guidelines will disappear into obscurity. The bold one who publicly rebukes the FTC will get his or her own show on Fox.

3. Bloggers will create a mega disclaimer so long that no one will read it. All disclaimers will become meaningless.

4. The FTC will spend millions of taxpayer dollars attempting to enforce the unenforceable. No consumer except the borderline comatose will be protected, if anyone.

5. As a reward for spearheading this useless consumer protection drive, Richard Cleland will be promoted. Maybe Homeland Security has an opening.

Check out a new platform designed specifically to deal with the FTC rules - Affiliate Genie. Sometimes called "Wordpress for Affiliates", Affiliate Genie provides all the review site performance you need for affiliate marketing without Wordpress distractions.

===

Chaz Lamm is a retired attorney, junkyard philosopher, and sometime affiliate marketer, as he is for Affiliate Genie, a product he has tested and is now installing on all of his domains.

No Comments