<?xml version="1.0" encoding="UTF-8"?>
<rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:wfw="http://wellformedweb.org/CommentAPI/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
	xmlns:slash="http://purl.org/rss/1.0/modules/slash/"
	>

<channel>
	<title>Never Yet Melted &#187; FTC</title>
	<atom:link href="http://neveryetmelted.com/categories/ftc/feed/" rel="self" type="application/rss+xml" />
	<link>http://neveryetmelted.com</link>
	<description>The essential American soul is hard, isolate, stoic, and a killer. It has never yet melted. -- D.H. Lawrence</description>
	<lastBuildDate>Thu, 11 Mar 2010 20:32:45 +0000</lastBuildDate>
	<generator>http://wordpress.org/?v=2.8.4</generator>
	<language>en</language>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
			<item>
		<title>FTC Ruling on Bloggers</title>
		<link>http://neveryetmelted.com/2009/10/08/ftc-ruling-on-bloggers/</link>
		<comments>http://neveryetmelted.com/2009/10/08/ftc-ruling-on-bloggers/#comments</comments>
		<pubDate>Thu, 08 Oct 2009 18:45:56 +0000</pubDate>
		<dc:creator>JDZ</dc:creator>
				<category><![CDATA[FTC]]></category>
		<category><![CDATA[Kosola Scandal]]></category>
		<category><![CDATA[Regulation]]></category>
		<category><![CDATA[Selective Enforcement]]></category>
		<category><![CDATA[The Blogosphere]]></category>
		<category><![CDATA[Threats to Liberty]]></category>
		<category><![CDATA[Blogosphere]]></category>

		<guid isPermaLink="false">http://neveryetmelted.com/?p=7383</guid>
		<description><![CDATA[	Walter Olson, at Overlawyered, responds to the new FTC guidelines on disclosure affecting bloggers.

	Come to think of it, I usually link books mentioned using Amazon&#8217;s Associates program, but Amazon has not had a sale from one of those in a very long time, as best I can recall. Does that count as disclosing?

	
Publishers sometimes send [...]]]></description>
			<content:encoded><![CDATA[	<p><a href="http://overlawyered.com/2009/10/required-ftc-blogger-disclosure/">Walter Olson</a>, at Overlawyered, responds to the new <a href="http://ftc.gov/opa/2009/10/endortest.shtm"><span class="caps">FTC</span> guidelines on disclosure affecting bloggers</a>.</p>

	<p>Come to think of it, I usually link books mentioned using Amazon&#8217;s Associates program, but Amazon has not had a sale from one of those in a very long time, as best I can recall. Does that count as disclosing?</p>

	<p><blockquote><br />
Publishers sometimes send me books in hopes I&#8217;ll review or at least mention them. I occasionally attend free advance screenings of new movies (typically law-related documentaries) that filmmakers hope I&#8217;ll write about. This site has an Amazon affiliate store which has from time to time provided me with commissions after readers click links and proceed to purchase items, though it&#8217;s been almost entirely inactive for years. I get invited to attend the odd institutional banquet whose hosts sometimes give away a free book or paperweight along with the hotel meal. I&#8217;ve been sent &#8220;cause&#8221; T-shirts and law firm/support service provider promotional kits over the years, pretty much a waste of effort since I don&#8217;t much care for wearing such T-shirts and am not exactly famed for posts that sing the praises of law firms or their service providers.</p>

	<p>Under new Federal Trade Commission guidelines in the works for some time, I could apparently get in trouble for not disclosing these and similarly exciting things. In addition, the commission&#8217;s scrutiny will extend to areas less relevant to this site, such as targeted Google advertising and results-not-typical testimonials.</p>

	<p>Robert Ambrogi at Legal Blog Watch finds it hard to see why the blogosphere has raised such a big fuss about these rules. After all, the rules (to be precise, &#8220;guidelines&#8221; backed by government lawyers with relevant enforcement powers) make clear that nondisclosure of a single minor freebie will not in itself suffice to trigger liability but instead will be counted &#8220;among several factors to be weighed&#8221; in evaluating the continuum of behavior by individuals engaging in social media (it seems the rules also apply to Twitter, Facebook, and guest appearances on talk shows, to name a few). <span class="caps">FTC</span> enforcers will engage in their own fact-specific, and inevitably subjective, balancing before deciding whether to press for fines or other penalties: in other words, instead of knowing whether you&#8217;re legally vulnerable or not, you get to guess. </blockquote></p>

	<p>Olson also quotes <a href="http://althouse.blogspot.com/2009/10/ftc-going-after-bloggers-and-social.html">Ann Althouse</a>, who identifies the crucial point here quite succinctly.</p>

	<p><blockquote><br />
The most absurd part of it is the way the <span class="caps">FTC</span> is trying to make it okay by assuring us that they will be selective in deciding which writers on the internet to pursue. That is, they&#8217;ve deliberately made a grotesquely overbroad rule, enough to sweep so many of us into technical violations, but we&#8217;re supposed to feel soothed by the knowledge that government agents will decide who among us gets fined. No, no, no. Overbreath itself is a problem. And so is selective enforcement.</blockquote></p>

	<p>What do you suppose are the odds that Obama&#8217;s <span class="caps">FTC</span> is going to go after Kos for taking &#8220;consulting fees&#8221; (<a href="http://neveryetmelted.com/categories/technology/the-blogosphere/daily-kos/kosola-scandal/">Kosola</a>) from particular democrat candidates?</p>



 ]]></content:encoded>
			<wfw:commentRss>http://neveryetmelted.com/2009/10/08/ftc-ruling-on-bloggers/feed/</wfw:commentRss>
		<slash:comments>1</slash:comments>
		</item>
	</channel>
</rss>
