Twitter Fraud: Does Twitter Encourage Microblogging Scams and Fake Profiles?

twitterTwitter is at a microblogging crossroads. Each month, 60% of its users (Twitter Quitters) disappear. The churn rate is so high that Twitter has to take drastic measures to build its “community.” And that’s where  social media “gurus” come into play. Twitter turns a blind eye as black hat Internet marketing techniques are used to create multiple accounts with fake profiles, automated software is used to build large lists, marketing employees and independent contractors spend their time dumping out tweet spam, and autofollow leads to one fake profile following another…and vice versa.

There’s a a classic cartoon that states that on the Internet no one knows you’re a dog. On Twitter, many  followers/followees don’t exist except as part of someone’s social media list-building model. Community and providing value has little to do with it. Instead, by following a Twitter spammer, you’ll receive pithy tweets ripped straight out of Poor Richard’s Almanack, The Secret, Chicken Soup for the Idiot’s Soul, and interspersed from time to time with a pitch for you to click on a link that will take you to an e-mail lead capture (squeeze page) so that you can be marketed to by e-mail too plus get redirected to a sales page after providing your e-mail info. Want to launch a garbage info product about social media? Create a bunch of fake buzz (astroturfing) by having multiple fictitious Twitter users tweet about it to their followers.

Why would Twitter allow/encourage this type of fraudulent behavior to take place?

With a monthly user retention rate of 40%, Twitter needs scam artists to game the system in order to build up the raw numbers of its community. Like The Matrix‘s* Agent Smiths, tweeting spambots spread as a virus that Twitter finds beneficial because the community looks larger despite the number of humans who come and go.

matrix-agent-smith

The venture capitalists who have invested tens of millions of dollars are looking for a return on their investment. However, Twitter hasn’t figured out how to turn a profit from tweets.

To cash in, Twitter needs numbers, real or not. Here are two examples.

1. Advertising Revenues. Twitter is exploring means to capitalize on all of the marketing that occurs by advertising to users. That many of these users don’t exist is irrelevant. What matters is that advertisers think the numbers are real so that advertising buys are made through Twitter. And because most advertising is designed to win creativity awards for the ad agencies rather than produce an economic return on investment for the client paying for the advertising, generic buzz spin about reaching young audiences will be used to justify pouring money down the tweethole without seeing a corresponding increase in sales.

2. The Exit Strategy. The end game for Twitter’s venture capitalists is to go public and have the uninformed investor overpay for the company or, alternatively, dupe a larger company into overpaying as part of a takeover. For an example of the latter, look at NewsCorp.’s acquisition of MySpace (overrun by spambots and fake profiles) for a half a billion bucks.

It appears that Twitter is intentionally ignoring those who use the above methods of list-building and even those who use its system to sell how-to info products on abusing the system. Unless accurate user  numbers are provided to advertisers, current and potential investors, Twitter is looking at the potential for a few nasty lawsuits. And that’s a shame…particularly when the purpose was to build a community rather than a pyramid of nitTwits.

* “The Matrix” is TM & © 2008 Warner Bros. Entertainment Inc.

Fair use of image for commentary.

To get the Matrix trilogy, click this link.

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Web Lawyer: PayPal Fraud – New Policy Will Help

web-lawyer-paypal-fraudIn June, PayPal.com amended its acceptable use policy to state:

Prohibited Activities. You may not use the PayPal service for activities that:

“4. involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent”

As a Web lawyer, I believe this provides PayPal with a lot of discretion because both the U.S. Federal Trade Commission (FTC) and state attorneys general are constantly identifying products and services that have a high likelihood of being fraudulent and deceptive online business opportunities.

If you see an unethical Internet marketer selling a bogus  info product online and using PayPal for payment, a quick note to PayPal about it that refers to the new acceptable use policy should be enough to get an investigation started at a minimum and probably get the account closed if the product is similar to something a government agency has already nailed for fraud. If you’re unsure, send a note to your Web lawyer.

To your success!

-Mike the Web lawyer

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Business Records: Are They Secretly Destroying Your Internet Business?

corporate records - past due?When you set up a corporation or a limited liability company to shield your personal assets, that’s just the beginning.

No business owner enjoys keeping business record books…but if you don’t you could still be personally liable in a lawsuit or worse.

Why? Corporations and limited liability companies are designed to be fictitious entities separate and distinct from equity owners. In plain English, they are considered under the law to be a separate “person” from the individuals who own them. That’s what makes these entities attractive for doing business.

However, in order to maintain this separate and distinct status, your business entities have to meet certain requirements to go on “living.”  This includes many things, such as filing proper paperwork with the government, paying taxes when due, and keeping necessary business records.

The types of records that must be kept depend on whether you own a corporation or a limited liability company. For example, a typical corporation will keep records of its formation, organizational meeting, notices of meetings, waivers of notice, minutes of meetings of shareholders and boards of directors, corporate resolutions, documentation regarding loans, money put into or taken out of the corporation, names and addresses of all equity owners, copies of issued stock certificates, a stock register, buy-sell agreements, shareholder agreements, and proxy agreements.

What happens if the record-keeping formalities are not observed?

•    If you try to sell your business, few will want to purchase for a fair price without adequate business records.
•    If you get sued, a court may disregard your business entity under “alter ego” theory and hold you personally liable for damages.
•    You could pay extra taxes because you didn’t document financial transactions correctly in the business entity records.
•    If caught, you may have to pay extra penalties to the government for not keeping required records.

For an example of what not to do, check out Amazon Affiliate Tax: Jerry West Has a Bad Solution.

What’s the solution?

Have your lawyer look at what you’ve got, determine what is missing, and then clean up your business records by bringing them up-to-date. This will give you a fresh start and you can put into place a business record-keeping system with your lawyer that will enable to you to add new documentation as needed in the future.

Remember that memories fade, employees quit, people move or die, and other events occur that make it difficult as time passes for you to create the necessary record books. In other words, it won’t get any easier than now to clean up your records.

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