Internet Lawyer: Dead Tree Deception

Although an Internet lawyer, I’m a bit old-fashioned because I like to read the dead tree (print) edition of the Wall Street Journal in the morning while having a cup of coffee.

So I wasn’t surprised as a subscriber to get an “Urgent Account Status” notice in the mail today. I figured that the subscription must be coming up for renewal.

Unfortunately, that was not the case. The “urgent” problem was a cross-sell pitch for the online edition of the newspaper.

In addition, the cross-sell pitch was a low-ball introductory offer. In fine print at the bottom (about half the size of the smallest print in the pitch itself) was the disclosure that this was a continuity program where I’d be paying more automatically for online subscription renewals.

Good marketing does not require lying about urgency or account status. Good marketing does not include fine print hiding Internet continuity programs either.

Don’t make the same mistake as the no-talent @ss clowns marketing the Wall Street Journal Online Edition. Treat your prospects and your existing customers with respect.

To your success!

-Mike the Internet Lawyer

P.S. Speaking of fine print, when I created Website Legal Forms Generator software,  I made sure that website owners who used it were able to create easy-to-read website legal documents. Transparency and ethics is a must for your long-term business success online or offline.

Facebook Privacy: Privacy Lawsuit Accuses Facebook of Data Collection Misconduct

facebook-privacySome Facebook users have filed suit in a California state court claiming that Facebook violates state privacy laws. Since at least 2005, California has been on the cutting edge for protecting consumer data online. From an Internet law standpoint, state laws create a mass of confusion that really should be trumped by federal law. Why should a website owner based in New York, for example, be required to keep up to date on online privacy laws in 49 other states? That’s about as ridiculous as making the site owner collect state and local taxes wherever a purchaser happens to be located and remit it to the taxing authority.

Although ripe for federal preemption because of interstate commerce issues, be careful what you wish for. The power to legislate is the power to control those legislated. If you’re doing business in an Internet-friendly state like Texas, you may not be too happy with what Congress passes as an omnibus Internet privacy law…plus the regulations to go with it. Expect at a minimum a requirement that data collection occur only after affirmative opt-in to the collection process by site visitors, users, and customers. In other words, informed consent.

As for the particular Facebook suit, regardless of the outcome, expect user privacy protections to increase so that Facebook can continue to do business in other countries that are even more protective of privacy rights than the United States.

Hat tip: Jessica Vascellaro at WSJ

Copyright Royalty Board (CRB) Hits Small Webcasters

The CRB has dramatically hiked the royalty rates for licensed music broadcast on the Internet. If you’re using, or considering using, such music as part of your business, check out the new rates.

Fortunately, there are independent music artists who can provide you with quality alternatives to this RIAA shakedown.

Hat tip to Reuters and Jason Fry at the Wall Street Journal.