Government (US) Regulation Targets Bloggers and Affiliate Marketers

I am beginning to see some buzz about proposed US Federal Trade Commission regulations concerning false claims or failure to disclose compensation, free gifts, and other conflicts of interest. Interestingly, most of the talk is about the possible need to add more disclaimers and how this may be carried out without affecting the current marketing practices.

The subject is not new (apparently started in its current form in 2007) but has heated up this year with the inclusion of new verbiage in the FTC guidelines. The rules in question are actually quite old, basically "Truth in Advertising". Language has been added to include what has come to be known as the "New Media".

This post is not meant to be a lengthy study of this subject, just a personal rant really.

Brian Clark from copyblogger.com has an article written from the 'previously a lawyer" point of view - How to Turn Affiliate Marketing Disclosure Into a Selling Point (June 2009) - with many comment authors that have a better handle on the scope of the problem than he does. Many more of the comment authors there seem (predictably) blissfully ignorant. Brian Clark pegs his position on blogging pretty well with just a couple of points. He makes it clear that he writes his blog simply to solidify his presence on the web and boils it all down to content marketing.

Daniel M. Clark from danielmclark.com has an article with the cryptic title of - Web 3.0: The Government Strikes Back, Part One (June 2009) - that was written for shock value only because the article goes relatively long with out saying anything about much. He follows up with another shocking title - $11,000 Disclosure Fines: The Government Strikes Back, Part Two (October 2009) - where he continues to fill white-space with text and display his math prowess, not much more.

It seems someone at the FTC saw this addition as necessary. I wonder why there is not a lot more uproar about current marketing practices on the Internet? Social Media, Social Networking, Social Engineering, are these really the benign terms that today's Internet marketers would like us to believe they are?

Many of the "Internet Marketing Systems" that are being touted today are based on principles that have previously been used by a group that we know by many names but can be collectively labeled "Con-Artists". When I took the time to research the "Gurus" of this ilk, I found it distasteful that many would proudly say that they were taking their ques from books written by (or about the adventures / crimes of) some of the most notable and confessed "Con-Artists".

A notable training course available on the Web that may help you to understand the tactics or teach you the basics and more, if you are so inclined, is called "Scam School". Proper name , it seems. They have a two part series - Scam your way into anything! (Brian's SXSW panel part 1) and Scam your way into anything panel (part 2), plus bonus Q&A!

Yes, those that ply their skills well can make money. Those that are the best at art theft and forgery have a lucrative gig too...