Posts about ftc

FTC Fines Santa Claus Over COPPA Violations

WASHINGTON–Federal Trade Commission Chairman Jon Leibowitz today announced a record fine against Santa Claus for violations of the Children’s Online Privacy Protection Act.

“Mr. Claus has flagrantly violated children’s privacy, collecting their consumer preferences for toys and also tracking their behavior so as to judge and maintain a data base of naughtiness and niceness,” Leibowitz said. “Worse, he has tied this data to personally identifiable information, including any child’s name, address, and age. He has solicited this information online, in some cases passing data to third parties so they may fulfill children’s wishes. According to unconfirmed reports, he has gone so far as to invade children’s homes in the dead of night. He has done this on a broad scale, unchallenged by government authorities for too long.”

Claus was fined $2 million and ordered to end any contact with children. Prior COPPA fines include $1 million against now-virtually-unknown social site Xanga, $400,000 against UMG Recordings, and $35,000 against notorious toymaker Etch-a-Sketch.

The FTC action follows similar complaints against Claus brought by European privacy authorities. European Commission Vice-President Viviane Reding has complained about Claus holding data on children outside of EU data-protection standards in North Pole server farms. German head of consumer protection Ilse Aigner has called for an investigation of Claus’ use of Google Street View in navigating his Christmas Eve visits. German Federal Commissioner for Data Protection and Freedom of Information Peter Schaar has demanded that Claus give children, naughty or nice, the right to be forgotten in his data base. And Thilo Weichert, head of the privacy protection office in the German state of Schleswig-Holstein, demanded that German web sites take down any Facebook “Like” button referring to Claus.

Meanwhile, Canadian Privacy Commissioner Jennifer Stoddart has attempted to bring together an international coalition of privacy officers opposed to Claus’ practices. In California, Claus has been threatened with severe penalties for nonpayment of the state sales tax. And the UK has vowed that Claus will be detained and could face extradition should he set foot in any English chimneys on Christmas Eve.

Reaction to the FTC decision was mixed in Washington. Republican presidential candidate Rick Perry vowed to kill the Federal Trade Commission, relieved that he had finally recalled the final agency he had marked for death. Rival Newt Gingrich suggested that Claus apply for U.S. citizenship, “having contributed much to U.S. industry by stimulating greed at all ages; we need more Clauses and more spending to fix this Democrat-ruined economy.” Ron Paul suggested that Claus set up a Liberatarian nation at the North Pole and offered to run for office there. Herman Cain, whose candidacy remains on hold after allegations of sexual improprieties, said that he “always wondered why the old coot didn’t get in hot water for plopping kiddies on his lap; seemed a lot creepier than anything I ever did.” President Barack Obama refused comment.

From his North Pole headquarters, Claus said through a spokesman that he endeavored only to fulfill children’s dreams. “I regret that the world has come to this: treating any adult who wants to make a child happy as a dangerous stranger,” he said. “The problem with our modern world is not technology but fear, suspicion, and cynicism.” He vowed to continue his Christmas mission of joy. “What’s the worst they can do to me?” he asked, “cookie me?”

Contact: Elfelman Public Relations
Photo via Dreadcentral

Google takes the FTC to school

Google just issued a response to the Federal Trade commission’s staff discussion draft on potential recommendations to support the reinvention [read: preservation] of journalism [read: newspapers]. (here was my reaction). It’s a wonderful document that takes the FTC — and the news industry — to school on the First Amendment, copyright, fair use, antitrust, media history, business, and technology. The government and publishers should be embarrassed to need such remedial education.

Highlights:

This says it best:

The large profit margins newspapers enjoyed in the past were built on an artificial scarcity: Limited choice for advertisers as well as readers. With the Internet, that scarcity has been taken away and replaced by abundance. No policy proposal will be able to restore newspaper revenues to what they were before the emergence of online news. It is not a question of analog dollars versus digital dimes, but rather a realistic assessment of how to make money in a world of abundant competitors and consumer choice.

Google’s doc leads off with promotion of its efforts to work with news organizations: Living Stories, traffic sent to news sites, technology help, and so on. They might as well just have linked to James Fallows’ paean and Eric Schmidt’s Wall Street Journal op-ed. You’ve heard these points before. My problem with them, as I’ve said, is that Google is trying to make friends with an industry that only wants enemies to blame for its failures. But at last, Google stops pulling punches and slaps down the industry’s self-deluding myths and the FTC’s dangerous ideas.

“[T]he current challenges faced by the news industry are business problems, not legal problems,” Google says,”and can only be addressed effectively with business solutions. Regulatory proposals that undermine the functioning of healthy marketplaces and stall the pace of change are not the solution.”

Google points out that newspapers’ circulation peaked between 1890 and 1920; that newspapers declared radio would kill them and only newspapers should hold the sacred and hallowed mission of news; that newspapers declared TV would kill them and characterized broadcast reporters as “parasites” (a lovely tip of the hat to Rupert Murdoch). We won’t buy that again. “The internet, rather than being the cause of journalism‘s downfall, provides a unique opportunity for news organizations to renew and reinvigorate journalism,” Google says.

Google lectures the FTC and the industry on internet business basics: “Unfortunately, the Discussion Draft does not acknowledge the basic economics of search engines and similar services and instead erroneously suggests that search engines are somehow cannibalizing newspaper advertising revenue rather than serving as an important connection to potential consumers.” Aggregators, Google points out earlier, send traffic and business opportunities to publishers. And Google does not make a significant amount of revenue from news … just as newspapers do not (subsidizing it with more lucrative verticals).

Google lectures the FTC et al on the unbundling of news. Fact o’ life. It then offers a primer on how publishers should be treating the readers who come to them via links.

Google restates the FTC’s dissection of newspaper revenue: 80% advertising, 17% newsstand, 3% subscriptions. “Pay walls,” it says, “could be an effective way to raise the 3% revenue figure.” A zinger for publishers. But Google’s fine with pay walls if publishers want them. It’s just not fine with government regulating them. “Innovating to create products and services that consumers want to pay for,” Google says, “is the only way to guarantee long-term subscription revenue growth, and none of the policy proposals are designed to foster that kind of innovation.” A zinger for the FTC (one I wish Google had dwelled on more since it does know innovation.)

Another zinger to the industry and the FTC comes as Google points out that classified revenue implosion had “nothing to do with copying or free-riding and everything to do with the emergence of a new, more effective and more efficient product into the marketplace. The FTC would ordinarily regard such a situation as a cause for celebration – consumers are getting a better product at a lower price – not an opportunity to slow down that innovation through regulation.”

Google salutes the flag the FTC raised on making government information more accessible — but then Google went the extra step to suggest “harmonization of state and federal law relating to copyrightability of government information.” There, the agreement ends.

Google decries proposals to extend copyright law and limit fair use and repeats its fine arguments against the antiquated notion of hot news from its FlyOnTheWall brief. “Facts, hot or cold, cannot be protected by copyright since there is no author of them,” Google instructs the FTC. “This has been the law of copyright since its inception….”

Google goes after proposals to establish taxes and fees to support legacy news operations. And it attacks efforts to let news organizations fix prices and charge aggregators. The doc makes the FTC eat its own words: “The FTC‘s long-standing position regarding antitrust exemptions properly subordinates a desire to advantage individual firms (here, print news organizations) to the need for a competitive, even playing field that offers the maximum good to consumers.”

Bottom line: There’s no need for the FTC’s meddling:

….Google continues to work with publishers to find ways to ensure that journalism survives and thrives on the Web. We remain optimistic about the future of journalism: The Fourth Estate is too crucial a part of a functioning democracy, and the Internet too powerful a medium, for journalism to die in transition to a Web-first approach. News organizations have more readers than ever, more sources of information than ever, more ways to report and tell stories than ever, and more potential ways to generate revenue than ever. Journalism will change, but the free market and free society will ensure that it won‘t die.

Amen and good night.

Comments to FTC 20 July 2010

Related: Here’s a segment of On the Media this week with me lambasting the FTC:

FTC protects journalism’s past

The Federal Trade Commission has been nosing around how to save journalism and in its just-posted “staff discussion draft” on “potential policy recommendations to support the reinvention of journalism,” it makes its bias clear: The FTC defines journalism as what newspapers do and aligns itself with protecting the old power structure of media.

If the FTC truly wanted to reinvent journalism, the agency would instead align itself with journalism’s disruptors. But there’s none of that here. The clearest evidence: the word “blog” is used but once in 35 pages of text and then only parenthetically as an example of buying ads on topical sites (“e.g., a soccer blog…”); otherwise, it’s only a footnote. The only mention of investing in technology — the agent of disruption — comes on the 35th page (suggesting R&D for tools such as “improved electronic note-taking”). There’s not a hint of seeing a new ecosystem of news emerge – the ecosystem we study and support at CUNY — except as the entry of nonprofit entities that, by their existence, give up on the hope the market will sustain news.

If the FTC truly wanted to rethink journalism and its new opportunities and new value in our democracy, it would have written this document from the perspective of the people it is supposed to represent: the citizens, examining how we can benefit from news that is newly opened to the opportunity of collaboration and greater relevance. Instead, the document is written wholly from the perspective of the companies and institutions of the industry.

The document, like good government work, does a superb job of trying very hard to say very little. From its hearings and research, the staff outlines proposals I find frightening, but many of them are as politically absurd as they are impossible — e.g., what I’ll dub the iPad tax to put a 5% surcharge on consumer electronics to raise $4 billion for public funding of news — and the document doesn’t endorse them.

Still, it’s the document’s perspective that I find essentially corrupt: one old power structure circling its wagons around another. Change? That’s something to be resisted or thwarted, not embraced and enabled. The FTC’s mission in this administration of change — its justification for holding these hearings and doing this work — is to foster competition. Well, the internet is creating new competition in news for the first time since 1950 and the introduction of TV. But the commission focuses solely on newspapers, apologizing that it ignores broadcast — but not even apologizing for ignoring the new ecosystem of news that blogs and technology represent.

“This document will use the perspective of newspapers to exemplify the issues facing journalism as a whole,” the FTC says. And later: “[N]ewspapers have not yet found a new, sustainable business model, and there is reason for concern that such a business model may not emerge. Therefore, it is not too soon to start considering policiies that might encourage innovations to help support journalism into the future.” That is, to support newspapers’ survival. There’s the problem.

Among the ideas the FTC presents:

* “Additional intellectual property rights to support claims against news aggregators.” The document even takes on the language of Rupert Murdoch and company describing aggregators as “parasitic.” It espouses their perspective, that search engines and aggregators “use” content when, from my perspective, such use promotes and adds value to that content (and we’ll soon see how Murdoch’s properties do without it). The FTC doesn’t broach the concept of the link economy and the value and distribution created by aggregators — not to mention (and they don’t) that created by recommendations from readers via Twitter and Facebook (neither word appears).

The FTC looks at extending copyright and corralling fair use and also outlines the dangers, ending up with no recommendation, thank goodness. It also looks at proposals to extend the “hot news” doctrine of a 1918 court case by the Associated Press but doesn’t begin to grapple with the definition of hot (Tom Glocer of Reuters says his news has its highest value in its first three miliseconds) and it does acknowledge that news organizations “routinely borrow from each other.” Rip ‘n’ read, it’s called.

What disturbs me most in this section is that the FTC frets about “difficult line-drawing being proprietary facts and those in the public domain.” Proprietary facts? Is it starting down a road of trying to enable someone to own a fact the way the patent office lets someone own a method or our DNA? Good God, that’s dangerous.

* Antitrust exemptions. The FTC looks at allowing news organizations to collude to set prices to consumers and with aggregators. Isn’t that the precise opposite of what an agency charged with protecting competition for the benefit of customers should be considering? Shouldn’t the FTC recoil in horror at such sanctioned antitrust to protect incumbents’ price advantages? Not here.

* Government subsidies. After saluting the history of government subsidies for the press — namely, postal discounts, legal notice publication, assorted tax breaks, and funds for public broadcasting — the agency looks at other ideas: a journalism AmeriCorps paying journalists; increased funding for public broadcasting; a national fund for local news suggested in Columbia’s report on journalism; a tax credit for employing journalists; citizen news vouchers (a la campaign checkoff); grants to universities for reporting. It also looks at increasing the present postal subsidy (which would only further bankrupt the dying postal service in the service of dying publications); using Voice of America and Radio Free Europe content (aka propaganda) in the U.S.; and enabling the SBA to help nonprofits.

* Taxes. At least the FTC acknowledges that somebody’d have to pay for all this. In one section, the FTC looks at licensing the news: having ISPs levy a fee on us that the government then dolls out to its selected news purveyors — call that the internet tax. It’snothing but a tax and it would support incumbents surely. In another section, it examines the aforementioned iPad tax; a tax on the broadcast spectrum; a spectrum auction tax; a tax on ISPs and cell phones; and a tax on advertising (brilliant: taking a cut of the last support of news in America).

* New tax status. The document spends much space looking at ways to make journalism a tax-exempt activity and suggests the IRS should change its regulations to enable that. It also looks at changing tax law to enable hybrid corporations (“benefit” and “flexible purpose” corporations that can judge success on serving a mission and not just maximizing profits) as well as L3Cs.

* Finally, the document looks at the one thing that should be in its purview as a government agency: getting government to make its information open and accessible to view and analyze. Well, amen to that.

I’m quoted in the document from my testimony saying that I am “optimistic to a fault about the future of news and journalism. The barrier to entry into media has never been lower…. But what we do need is a level playing field.” And in a footnote: “If you’re talking about surviving, you’re talking about the perspective of the old, legacy players who had a decade and a half to get their act together, and they didn’t The future of journalism is not institutional, we now know, it is entrepreneurial.”

But this document does nothing to enable that entrepreneurial future. If you want to give somebody tax breaks — and I wouldn’t — give them to those who invest in innovation — whether as disruptors from the outside or as visionaries from the inside. I certainly would not change laws to favor incumbents over those innovators. I see no reason to provide tax subsidies to support an activity that is now a hundredfold more efficient than it used to be. Rather than restricting the flow of information by making it proprietary, I’d argue that it is in the interest of democracy to make it yet freer.

The real problem I see here, again, is the alignment of the legacy institutions of media and government. Here, the internet is not the salvation of news, journalism, and democracy. It’s the other side.

The real advice I gave the FTC is not quoted in the document. It’s this: Get off our lawn.

: DISCLOSURES: This is on my disclosures page, but it can’t hurt to repeat here that I hold stock in (but am not paid by) a platform that aggregates and is used by publishers to link to more content (Daylife). I am advising the company run by the afore-linked visionary, John Paton at Journal Register. I run the project at CUNY that is researching new business models for news. And I blog.

: I cross-posted this on Business Insider and Huffington Post; see also the discussions there.

: Thanks to Scribd, the full document is after the jump….
(more…)

Get off the lawn

There’s one thing that Rupert Murdoch, Arianna Huffington, Steve Brill, and I agreed on yesterday – and and there’s probably nothing else one can imagine this group would ever find consensus around. At the two-day Federal Trade Commission “workshop” (read: hearing) that asked how journalism will “survive” (their word) in the internet age, we all told the commissioner to kindly butt out.

Murdoch talked about a drumbeat building to bail out newspapers and how that would be a mistake, just as bailing out GM was. The government shouldn’t save companies that make things customers don’t want, he argued. Huffington said there’s no need for government intervention and after her speech (read: testimony), I interviewed her for my upcoming Guardian MediaTalkUSA podcast and when I pointed out that she agreed with Rupert, she pointed out that he was asking for government favors in his threats to try to rewrite fair use. Brill started his talk begging government to stay out.

And I told Liebowitz that the future of news will be entrepreneurial not institutional; the institutions had and blew their chance. What we need is a level lawn where the tender shoots of these new businesses can grow without government trampling them on its way to try to protect the legacy players.

But the commissioner’s title for this “workshop” alone – “How will journalism survive the internet age?” – is prejudicial, a foreshadowing of the results they have already prescribed: it implies saving the legacy players when, as the Knight Foundation’s Eric Newton said at the hearings today, journalism doesn’t need to be saved, it needs to be created. (The reason I’m not there today is that I am teaching my entrepreneurial journalism course. That’s one way to save journalism: build it.) The choice of speakers was itself prejudicial: mostly the old players who played their tiny violins. The questioning was prejudicial: an FTC bureaucrat threw a newspaper exec a soft ball to decry aggregators and suggest how he wanted to get money out of them (not hearing the idea that aggregators who are adding value to the content). Liebowitz’s presumptions about the event were prejudicial; in his opening talk, he said he has already scheduled more hearings to talk about copyright (read: changing copyright to favor the dying institutions).

My requestion to Liebowitz and company: Get off our lawn!

Maybe, just maybe, he heard a bit of this. He told the Wall Street Journal last night, “I think the message from today is be very, very cautious before you do anything.” How about nothing.

But from the looks of Twitter, it’s worse today. Rep. Henry Waxman told the group today that “Congress responds to market failures.” But this is not a market failure. It’s a market, doing what markets do. Let the market do that.

Rep. Waxman: Get off our lawn!

First, do no harm, government

Relevant to today’s FTC workshops (read: hearings) on the “survival” (their word… I would have said “rebirth:) of journalism in the internet age, Geoffrey Cowan and David Westphal issue a good set of principles for government involvement (read: meddling or support):

First and foremost, do no harm. A cycle of powerful innovation is under way. To the extent possible, government should avoid retarding the emergence of new models of newsgathering.

Second, the government should help promote innovation, as it did when the Department of Defense funded the research that created the Internet or when NASA funded the creation of satellites that made cable television and direct TV possible.

Third, for commercial media, government-supported mechanisms that are content neutral — such as copyright protections, postal subsidies and taxes — are preferable to those that call upon the government to fund specific news outlets, publications or programs.

I disagree about their conclusion: that government has always supported media (with postal discounts, legal notices, tax breaks) and that should continue. I disagree on principle and as a practical matter. Postal discounts are in force for many – including junk mailers – and in any case they become less relevant when news isn’t printed. Legal notices, I believe, should go online in standard data forms and feeds, making them more available to more people, giving us a permanent record of them, and – critically – saving taxpayers money. There’s no reason for media to have tax breaks (except, as other industries receive them, for innovation).

Plug? Ad? Opinion? Life?

Is this a story or an ad? It matters.

I went to Radio Shack today to buy wires and plugs to hook up my iPhone because the damned car radio has no plug and the damned FM kluges don’t work. I bought the wrong wires, realized it immediately, and returned in minutes to exchange them. Radio Shack, as it its irritating habit, demanded my phone number, name, and address. I refused. It was a cash exchange. The guy hassled me and then, on the fourth attempt, finally told his computer that I’d refused, which he could have done in the first place. I cursed myself for not going to Best Buy, where they don’t take your blood type to make a transaction; one of the reasons I like Best Buy is its no-nonsense return policy. They care about satisfied and returning customers over irritating rules. I tweeted that here. Now I’m blogging about it.

OK, so I just said something nice about Best Buy and something critical about its competitor. Look on my disclosures page and you’ll see that I had a business relationship with Best Buy. A few weeks ago, because of my book, they paid for me to come speak to various groups over two days (which I quite enjoyed and which taught me a lot about retail, which I’ve been contemplating and want to write about).

So is what I just said about Best Buy an ad? An endorsement? A testimonial? Or just a story and my opinion? I leave that to you to decide and trust you with that decision. My integrity and relationship with you depends on what you decide. I disclose my relationship for that reason. I believe in transparency and recommend it – in my book – to companies, governments, and journalists. So is this story an ad for my book? That, too, is up to you to decide.

But now the Federal Trade Commission is getting in the middle of our relationship. It has issued vaguely worded rules – amazing that they’re still vague after 80 pages – that make we wonder and worry whether my disclosure is adequate – should ever tweet carry a caveat? – and whether Best Buy will make my observations accurate (what if they give a customer a hassle on a return and that customer complains I misled him?). Best Buy, in turn, might need to worry about what I say about them.

Note that if I were writing for The New York Times – if I were, say, David Pogue – the FTC would not regulate my speech in this manner. First Amendment, you know. The press. But as a blogger, I am now a second class citizen in my speech. The government casts its net over all citizens who now use the tools of the internet to publish – no, to speak. This is a corollary to the debate that’s going on right now over who should be covered under a federal shield law. Who should be under the FTC’s net?

On this blog, that’s my problem and I can handle it. But what about all the huge proportion of the population who are now using the tools of the internet to publish – or what publishers and governments would call publishing when most of them think they’re just using blogs or Twitter or Facebook or YouTube or what comes next so they can talk with their friends – what about them? Now they have to worry about missteps.

Some of you have argued that the FTC is going after deceptive bad guys and that’s good. But what are the unintended consequences? What if one of those unsuspecting “publishers” falls for PayPerPost as Pied Piper and becomes human spam but the FTC sees her as a flim-flam mom? Some of you are pointing to the FCC saying it won’t be mean and it can’t enforce all its regs anyway so we shouldn’t worry – yes, selective enforcement, that’s comforting. But another FTC guy said absurdly that people who review books should return their review copies or they could be in trouble. Which is it? You could be the one person who was fined huge amounts of money because your kid pirated music in your house; you could be the example. Don’t want to take chances? Figure you’re playing it safe?

Welcome to the chill. We all have our own FCC now. Broadcast is an exception to the First Amendment’s prohibition on regulating the press. Now bloggers are, too, because we’re not the press. But we are, aren’t we? See, there are bigger things at stake here than just a few fake Viagra ads. (Mind you, I’m not endorsing Viagra. It’s not working … yet. Now how’s that for disclosure?)

FTC regulates our speech

The Federal Trade Commission just released rules to regulate product endorsements not just in advertisements but also on blogs. (PDF here; the regs don’t start until page 55.)

It is a monument to unintended consequence, hidden dangers, and dangerous assumptions.

Mind you, I hate one of its apparent targets: Pay Per Post and its ilk, which attempt to co-opt the voice of bloggers. But I hate government regulation of speech more.

And mind you, I am all in favor of transparency; I disclose to a comic fault here. I think that openness is the best fix for questions of trust and advise companies and politicians and certainly governments to become transparent by default as enlightened self-interest. But mandating this for anyone who dares speak online? Foolish.

There are so many bad assumptions inherent in the FTC’s rules.

First, Pay Per Post et al, as I realized late to the game, are not aimed at fooling consumers. Who would read the boring, sycophantic drivel its people write? No, they are aimed at fooling Google and its algorithms. It’s human spam. And it’s Google’s job to regulate that.

Second, the FTC assumes – as media people do – that the internet is a medium. It’s not. It’s a place where people talk. Most people who blog, as Pew found in a survey a few years ago, don’t think they are doing anything remotely connected to journalism. I imagine that virtually no one on Facebook thinks they’re making media. They’re connecting. They’re talking. So for the FTC to go after bloggers and social media – as they explicitly do – is the same as sending a government goon into Denny’s to listen to the conversations in the corner booth and demand that you disclose that your Uncle Vinnie owns the pizzeria whose product you just endorsed.

Insanity and inanity. And danger.

The regulations raise no end of questions. For example: How much do I have disclose? Before I say anything nice about anyone, do I need to list every advertiser I’ve ever had? Every possible business relationship? You think my disclosures are comical now, just wait.

And what about automated ads, such as those from Google? I have been writing nice things about my treatment at Sloan Kettering. This has caused ads to come up on my blog, via Google, from the hospital. Presuming someone clicked on them, I’ve made money from the hospital. Does that taint what I say or me if I don’t disclose the payment? That’s the level of absurdity this can reach.

The regulations are not aimed just as bloggers, of course, but at endorsements of all sorts, including from celebrities and experts. The FTC requires advertisers to continually reconfirm that endorsers are bona fide users of the endorsed product. Do we really believe that Tiger Woods drives a Buick? How will that be policed?

The FTC also concedes that it treats critics at publications differently – less stringently – than bloggers. Don’t they realize that people on travel and gadget and food publications get freebies all the time. I’ve long believed that ethics alone should compel them to disclose. But the FTC doesn’t.

I love this one: The FTC now forbids media advertisers from changing a critic’s opinion in a blurb. Ha! That happened to me constantly when I was a critic. (“Colossal piece of crap” became “Colossal! – Jeff Jarvis, People”.) I even wrote a column in People complaining about an “NBC pinhead” doing this. A few weeks later, my colleague on the launch of Entertainment Weekly, went to Burbank for a business meeting with the network with an exec who identified himself as that pinhead.

Note, by the way, that when I did cover entertainment in Time Inc., conflict came not only from advertisers (Hallmark pulled all its advertising after I dared give Hall of Fame
treacle the reviews it deserved) but also from within the company (the head of HBO wanted me fired and the editors of Time Inc. tried to change my opinions). How the hell could that be regulated? Only by my fighting back, it turned out.

And there is the greatest myth embedded within the FTC’s rules: that the government can and should sanitize the internet for our protection. The internet is the world and the world is messy and I don’t want anyone – not the government, not a newspaper editor – to clean it up for me, for I fear what will go out in the garbage: namely, my rights.

What I now truly dread is that the FTC is holding hearings about journalism on Dec. 1 and 2. As Star-Ledger editor Jim Willse (full disclosure: he hired me a few times) said in my Guardian podcast last month (full disclosure: I work for the Guardian): the words, “we’re from the government, we’re here to help,” should be met with trepidation.

: See also Reason’s take. More comments from others coming soon.

Dan Gillmor sees full employment for First Amendment attorneys.

Steve Garfield’s disclosure is longer than his post. Fit that in Twitter.

Andrew Keen says the regs should include “bent reviewers on Amazon.” Damn, Keen and I are agreeing too much these days.

FTC guy tells blogger to return books after a review. These people have no clue as to reality. Publishers don’t want them back.

Here’s Fortune on the story.

Here‘s the Guardian’s Bobbie Johnson, unsure about the regs. And here‘s Daniel Tunkelang, also debating with himself.

Techdirt points out more absurdities.

Jack Shafer calls the rules the FTC’s mad power grab.