IAB Finds the FTC Blogger Guidelines “Unconstitutional” – Calls for Reversal

image At first I thought this was pretty clear but then the FTC decided to complicate things by saying about their own regulations that they were “guidelines” and not “regulations”. However, in that same statement they said that advertisers would be required to adhere to the guidelines, so what is the difference between a guideline and a regulation if compliance is mandatory… obviously nada, zip, zero difference.

The Interactive Advertising Bureau is calling on the Federal Trade Commission to withdraw its recently revised guidelines governing dealings between bloggers and marketers. The ad trade group says the rules “unfairly and unconstitutionally” impose penalties on online media for practices, while exempting traditional media. Furthermore, in an open letter to FTC Chairman Jon Leibowitz, Randall Rothenberg, the IAB’s president and CEO, says the FTC’s distinction between offline media and online media, “constitutionally dubious” by invoking the First Amendment right to free speech. Release

[From IAB Calls For Reversal Of ‘Unfair and Unconstitutional’ FTC Blogger Regs | paidContent]

Given that the burden for compliance falls to advertisers under these guidelines, it is not surprising that the IAB is calling for their reversal, or more accurately for the FTC to just go back to the way things were. Given the confusion that has followed this announcement by the FTC I think the agency either has to cut bait and rethink their process or refine them to be less of an overreach.

In the same vein:

About Jeff Nolan

My name is Jeff Nolan and I write Venture Chronicles. What started, in 2002, as a simple initiative to understand this thing called “blogs” that I kept hearing about has evolved into something much more significant. Home About Venture Chronicles About Venture Chronicles My name is Jeff Nolan and I write Venture Chronicles. What started, in 2002, as a simple initiative to understand this thing called “blogs” that I kept hearing about has evolved into something much more significant. Along the way to becoming a bona fide blogger I started to understand the implications of user generated content. At the time I was a venture capitalist for SAP, the enterprise software company, and in my travels in the enterprise software market it became evident that blogging would be a powerful communication channel for enterprises to use, what we now call social media, and a powerful information collection mechanism for bottom up corporate intelligence. Combined with search technology, social networking software, and wikis, I was witnessing the inception of an entirely new generation of knowledge management software. I am currently the VP Product Marketing for Get Satisfaction, the simple and effective way to build online communities that enable productive conversations between companies and their customers. Over 50,000 companies use Get Satisfaction to create a social support experience, build better products, realize SEO benefits, and take advantage of brand loyalty behaviors that results in strong word of mouth marketing experiences in the market. I can be reached at jnolan-at-gmail-dot-com.
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