FTC Spyware/Adware - Complain HERE before April 14th!

[Linda Buquet]

The FTC is having a the spyware/adware conference on April 19th. They are requesting comments from the public. I encourage everyone who cares about protecting their revenue (affiliates and merchants) to submit comments to the FTC in preparation for these hearings on April 19th.

All the FTC info can be found here:

http://www.ftc.gov/bcp/workshops/spyware/index.htm

Agenda, comments already submitted, link to submit your own letter of complaint, etc. The voices need to speak out loud and clearly in quantity to the FTC on this one. If the opportunity passes us by without people standing up and voicing their opinions and concerns, then we all might as well just hand our money over directly to the parasites.

Submit your letter today - the 19th is not far away.

[Linda Buquet]

Thanks so much Brittany for putting this at the top of page one - it's important.

I am working with several experts on the affiliate side of the issue to draft a very well written letter discussing all the most important issues.

Hearings are about one of two things: (1) trying to solve an issue, so there is no need for legislation; or (2) defining the debate for the legislative process.

I think on this issue we're heading to option (2), lets make our voice heard now. The more we define the debate, the better.

Once we get the letter drafted we will be looking for lots of companies to sign it. Send your individual comments also. But we feel there is both strength and safety in numbers so if you would like to sign it please let me know in a PM.

[janeth]

Are you going to post the letter here so we can see it when you have finished it?

[Linda Buquet]

Janeth, I think I can, don't see why not. Let me discuss with everyone involved. I think it would be good to post it also so that anyone that wants to write their own can maybe use parts of it or stay along the same theme if they agree with what is said so we have a more united front.

[tozzo]

I may be coming in on this disscussion late... but you are not actually promoting spyware are you? While I know that it has good use potential, it has been widely abused and should be eliminated entirely... I have spent many a long night removing it from various computers and it is quite annoying....

[Linda Buquet]

Oh NO! Just the opposite. We are opposed to Spyware and especially Adware that can interfere with or steal affiliate commissions.

[John Glube]

Just a quick note.

* On 03.18.04 the FTC extended the "spyware" comment period until May 21, 2004 (http://www.ftc.gov/opa/2004/03/fyi0420.htm).

* The more people who file comments viz "ad aware" software - the better.

One area to focus upon is the cost to the small business/micro-business owner.

You may want to ensure your comments are also sent to the co-sponsors of the Senate bill, the Senate comittee conducting the hearings into the Senate bill and the advocacy office for small business.

Kind regards,

John Glube
Toronto, Canada

The FTC Wants To Hear From You (http://www.learnsteps4profit.com/csp.html)

[MasterT]

Pest Patrol #1 for gettin rid of ALL Malware!
http://pestpatrol.com

this program is so awesome the guy that informed me about this product gets malware off his customers computers and he said this is the best product for doing this.

here is something i found about it

"Pest Patrol gets rid of Spyware, Trojans, Adware, Keyloggers, Hacker Tools, and DDoS Zombies. In short it gets rid of Malware. It is NOT for getting rid of viruses, it's a compliment to Anti-Virus programs."

Master T

[Linda Buquet]

Hi John,

Yes they will accept comments until May 1st but the 1st meeting is April 19th, so I am hoping to get lots of comments in prior to the meeting, since this conference may set the stage for the future direction this issue or any legislature may take.

[flashfast]

Though I doubt much will come from the conference initially, it is a positive step. These companies have given the web a bad name, and made it increasingly difficult for those with integrity to serve the public. The problem has also been a lacklustre effort by Microsoft, PC makers all, to the dangers of say, downloading a pretty free screensaver. A few simple procedural pointers is all. CNet (download.com) making developers disclose bundling last year was a great step forward in the fight against these leeches, even though they faced a potential advertiser backlash. Why have these cretons hijacked system resources and turned a leisurely taxi ride down park avenue into a ride through the new guinea highlands?

I hope they also mention the insidious Real Player. Though not necessarily spyware, their hijacking of system mime files has detsroyed a huge market for many small software developers, especially we who deploy macromedia based applications. Real Player would decide that these applications couldnt work because only it was allowed to play flash files, and in a very limited manner. Real Players final response to my frantic complaints (after hundreds of cutomer complaints) was that if millions were downloading it why should they care? They didnt care that 40% of my potential customers couldnt even play the product. And I was just one among many. Thankfully the public has abandoned Real en masse, with online radio stations now following suit.


J

[kyndri]

Wow, I have so much to do everyday that I rarely actually get ONLINE to go to my favorite sites. Thank goodness for the newsletters. This one arrived just in time. I got my letter off telling them to make them STOP!!!! Man, when I have to go all the way down in to my reg files (and I'm NO computer expert) to trace an adware/spyware file, I get cranky. I have a "free" download of something or other but it doesn't clean unless you buy the version. I have McAfee but, for some unknown reason, it doesn't get into my reg files. Anyone happen to know how I can make it do this? Would sure save some time. Anyway, thank you for the heads up and consider another letter sent.

[jackson992]

I wish you luck at the conference Linda. Both spyware and adaware issues affect affiliates greatly and it is a comfor to know you are fighting for us.

Down with Parasites!

[EJRS.COM]

WPW did a great job in choosing u as MOD here. Hope you are able to achieve all that you ned to and people will take letters seriously - and do something constructive. Here's to a better tomorrow...

[spidersam]

Good luck at the conference!

[Linda Buquet]

Here is an analology I wrote that will be part of the letter. Feel free to copy and use it.

I feel it's best to draw brick & mortar analogies when possible to try to help people online business issues.

===========================
While the focus of the conference seems to be consumer rights, I believe we should also discuss the rights of online business owners. Spyware and Adware are costing Online companies lots of money and loss of revenue. Adware can steal sales and revenue form one company and give it to the competition. Adware also increases our technical support load and marketing costs. To some degree online retailers are subsidizing the cost of free P2P network content with our own bottom line losses.

Consider this brick and mortar analogy of Adware and tell me if it would be allowed and legal in the off-line world.

Let's say I have a billboard advertising company with a revolutionary new ad concept. Instead of putting a billboard on a busy freeway (online comparison - banner on Yahoo) I can directly target your competitors store and customers.

I sneak onto your competitor's private property, jackhammer holes in their concrete and install a large billboard saying save 10% at "YOUR" Store. The best part is, the billboard is not across the street, or just on a busy freeway - it's big and positioned right in front of their entrance. It's so big it blocks their front door and their store signage. All their customers will now come to you instead. What's really great is your customer is paying for all the newspaper, radio and TV ads to attract new customers, but you will get the benefit of their advertising and be able to steal most of their customers.

Can't afford the full billboard price? We have another option where we just put big signs in all your competitors windows (comparison to popups). They are invisible to the store owner and they won't even see it. Only their customers will see it and many will come to your store to buy instead.

I can even target your competitor's franchisees - affiliates and small business people who have their own stores selling your competitors products. I can divert all those store's customers and sales to you too.

The other option we have is yellow page advertising. Every time anyone looks for XYZ product in the yellow pages - your add will magically cover your competitors Ad. They pay for the yellow page ad, but you reap the profits.

In this brick & mortar analogy, I believe the advertising company as well as the advertiser would be charged with criminal or civil suits such as trespassing, defacement of private property, restriction of trade and unfair advertising practices.

An Internet retailer owns and pays for their online business just as any brick and mortar retailer does. Our web sites are our Stores. We own the property, we pay rent in hosting and domain fees and we pay for design fees, programming and maintenance. We buy inventory in the hope of selling it, pay merchandisers, customer service and other support staff. We are business owners, merchants, employers and affiliates. Our profits help to fuel the US economy.

When ad online advertising company targets our website with Adware and blocks, changes or puts competitor's ads on it, it is just like the analogy above.

We own our Internet property. Adware is defacing our property, stealing our customers, driving up our ad costs (which in turn drives up consumer costs) and is robbing us of revenue that is rightfully ours. Please help us protect our businesses and hard earned income.

[John Glube]

Hi John,

Yes they will accept comments until May 1st but the 1st meeting is April 19th, so I am hoping to get lots of comments in prior to the meeting, since this conference may set the stage for the future direction this issue or any legislature may take.

Hi Linda,

Yes, I understand the objective and applaud the effort.

There is another issue which is perhaps just as pressing concerning the impact maintaining suppression lists under the Can Spam Act of 2003 will have on affiliates and affiliate program managers who use permission based email marketing.

I have posted an article titled The FTC Wants To Hear From You (http://www.learnsteps4profit.com/csp.html) which sets out the issue, a solution, along with related issues for e-publishers.

People will also want to read an article posted online by Paul Myers over at TalkBiz News.

In his newsletter, he calls it The FTC, Email Marketing And You (http://www.talkbiz.net/ramblings/weblog.php).

The deadline for comments to the FTC is April 20, 2004.

Linda, after reviewing the material - given the significance of this issue - anything you can do to help spread the word - greatly appreciated.

Kind regards,

John

P.S. I appreciate this is off topic from the thread. Linda, if you feel it appropriate send me a pm, I will delete it from this thread, start a new thread within this forum and repost.

John Glube
Toronto, Canada

[John Glube]

Linda,

Since this is your effort, would additional "stuff - food for thought" be of value?

If so, you may find the thread at this blog, under the heading Are Ad Blockers Theft? (http://www.talkbiz.net/ramblings/comments.php?id=21_0_1_0_C) of value.

Paul's opening remarks are useful, but you will likely find the discussion in the comment section helpful as well.

Kind regards,

John Glube
Toronto, Canada

[Linda Buquet]

John,

Thank you all ideas and comments are welcome.

However to get more attention to the canSpam and affiliates issue. Please start a new thread and repost that info with a descriptive subject line, so anyone interested can get more info.

[Shawn Collins]

Pest Patrol #1 for gettin rid of ALL Malware!
http://pestpatrol.com

this program is so awesome the guy that informed me about this product gets malware off his customers computers and he said this is the best product for doing this.

here is something i found about it

"Pest Patrol gets rid of Spyware, Trojans, Adware, Keyloggers, Hacker Tools, and DDoS Zombies. In short it gets rid of Malware. It is NOT for getting rid of viruses, it's a compliment to Anti-Virus programs."

Master T

Hey Master T -

You know what else is really great about Pest Patrol? It's also #1 for gettin rid of ALL Affiliate Cookies!

Not only does it wipe the ClubMom cookies for my affiliates (http://www.pestpatrol.com/pestinfo/c/clubmomlinks.asp), it also kills a gigantic laundry list of affiliate cookies (http://www.pestpatrol.com/pestinfo/tracking_cookie.asp), including BFast.com (BeFree), LinkSynergy.com (LinkShare), and Qksrv.net (CJ).

Thanks for the tip!

[John Glube]

There have been a number of press reports concerning the goings on at the Spyware Conference.

To be honest, I was not very encouraged from the press reports.

My concern - it seems the Commission is leaning towards technology and education.

For technological solutions, the Commission is looking to the very folks affiliate marketers are upset with - meaning for affiliate marketers who rely upon search engine marketing and targeted traffic - the first step will be a greater proliferation of software which blocks unwated downloads, pop up ads, banners and text links (all under the guise of protecting consumers and in response to the consumer backlash against abusive advertising by online marketers.)

(The analogy is the introduction of spam filters, but even more insidious.)

At the same time, members of Congress who spoke apparently noted even though the Commission and the Department of Justice may not see the need for specific legislation, that's not how Congress works.

Meaning? We could be confronted with another convoluted piece of legislation, this time dealing with spyware which inadvertently or advertently hurts marketers who rely on search engine traffic and passive forms of site advertising.

I also notice from checking the FTC site, there have not been a lot of filings of comments. The total number todate is under 200.

To see the comments filed http://www.ftc.gov/os/comments/spyware/index.html

People, marketers need to realize what is going on in Washington: -

* First we had the Spam Forum.

* Then we had the Can Spam Act (which is presently going through a rules process);

* Now we have the Spyware Forum; and

* Next we will have the Can Spyware Act.

All of this activity is a response to consumer anger over all forms of irresponsible online marketing.

At the same time, the consumer and Congress needs to understand, don't throw out the baby with the bath water.

What am I driving at? The end result will be the end of free content, unless this situation is handled responsibly both by consumers and marketers.

Marketers can't look at one situation in isolation.

Given the state of play, has the segment of the marketing community which relies on search engine traffic, free content and textual advertising or banner advertising to promote affiliate products and services given any thought to a grass roots campaign to do two things:

* Channel consumer anger against the real enemies being the senders of unsolicited bulk email and purveyors of slimeware - which includes software blocking text and banner ads;

* Point out, by allowing software to proliferate which blocks text adverts and banner adverts, consumers can kiss good bye to much, if not all of the free content people like?

Kind regards,

John Glube
Toronto, Canada

[grinsomx]

surfing the internet is becoming too much like walking true a minefield! so called sponsors screw up your computer and there is no one who will pay for the costs of repairing the damage done! 10000 PAID programs to remove trash that is becoming more of a rule than a exception. spam, addware, spyware, mallware...... and the consumer is the one who pays the price. want a sollution? EVERYthing that gets on your computer unwanted should bear a pricetag for the one who places it there, even when it's not hidden inside some sort of program. webtrash should be handled in the most agressive way pôssible and yes, it has to harm the companies and/or people who make the trash. so called toolbars that are hidden trashbars etc, are harmfull to the internet community and actually do cause personal grief, since not everyone has either the knowledge or money to fix these kind of problems. everyone who uses the internet pays for his connection, companies and people who abuse the internet therefor are stealing from everyone who uses it by forcing the consumer to pay extra (anti-virus, spam programs and/or firewall)
not everyone has that much money, should these people pay even more??? trying to keep your system up to date is hard enough as it is without all the trash that is floating around the internet!
we, consumers should NOT need all this protection.
we, consumers should be safeguarded by the companies who want us to buy their products and not be forced to buy them (or have our pc die on us).
the internet should be for everyone and not just the priviledged few who can afford it. technology comes at a price and for once that price should NOT be paid for by consumers but abusers!
FIGHT BACK AGAINST THE FILTH OR SEE IT ALL BLEED TO DEATH.
(i report EVERYTHING i did not ask for, even when it's my own fault. too many snakes around, too much trash. time to stop it before it kills the web!)