What an outrage! If there is a PR equivalent of disbarment, Bonner & Associates would be a candidate.

As U.S. Rep. Tom Perriello was considering how to vote on an important piece of climate change legislation in June, the freshman congressman’s office received at least six letters from two Charlottesville-based minority organizations voicing opposition to the measure.

The letters, as it turns out, were forgeries.

“They stole our name. They stole our logo. They created a position title and made up the name of someone to fill it. They forged a letter and sent it to our congressman without our authorization,” said Tim Freilich, who sits on the executive committee of Creciendo Juntos, a nonprofit network that tackles issues related to Charlottesville’s Hispanic community. “It’s this type of activity that undermines Americans’ faith in democracy.”

You can read the newspaper article here If you prefer audio. Democracy Now covered this today (briefly) as well.

I make a good part of my living as a Pr copywritier and marketing strategist, and I’m totally appalled. I also note that all the press coverage I’ve seen points out that this particular firm has a long history of “astroturfing,” which casts suspicion on the claim that this was an accident. I don’t know how you forge a letter from an imaginary person on someone else’s official letterhead—twice!—and call it an accident. I also don’t know how you can run a PR agency for decades for 25 years and not think that the Public Relations Society of America Code of Ethics has any relevance to you.

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I just answered a reporter query about sponsored blogs and sponsored tweets–specifically whether they should be disclosed. And that led me to meditate on the question of whether it is ethical to ghostwrite tweets and blogs for other people.

I have a very clear opinion on both of these scenarios. But I’m going to shut up and see what y’all think, for a few days, and then I’ll tell you my thoughts, and the reasons behind them.

What do you think?

1. Should a blogger or tweeter disclose sponsorship?
2. Is it ethical to ghostwrite blogs and tweets?

To keep the lawyers happy: unless you specifically state otherwise, posting your response gives me the nonexclusive right (but not the obligation) to quote you in an article, blog post, and/or book

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Perry Marshall has a really good article about online privacy concerns, the Google experience yay and nay, and Google’s first real competitor in general search–Bing. It’s getting a lot of comments, including this one from me. I discuss not only transparency vs. secrecy, but also the Google user experience, talk about the USP (Unique Selling Proposition) I think Google might operate under, and point out the business opportunity that grows out of our society’s lack of privacy.

One point I didn’t make is that in dystopian-totalitarian novels like 1984 and Fahrenheit 451, the very tools that provide information and entertainment also eliminate our privacy. While at least in the US, this information gathering has been used primarily for commerce rather than social control, the potential is very real.

The rest of this post is what I posted to Perry’s site:

You write, “Google has done a glorious job of doing what I encourage all my customers to do: Create offers that are so sensationally irresistible that you can’t help but use their search engine. They’ve beat all comers fair and square.”

This is sooo true. If ever there was an example of a huge USP, it would be Google’s. I don’t know how they phrase it, but it may as well be “we let you actually FIND what you’re looking for…in nanoseconds.”

And because they honor and deliver this USP, and because they were smart enough to make ads user-friendly, they have a vast revenue stream. But remember that search was there before ads, a couple of years before, in fact.

As pointed out above, we haven’t had privacy for decades anyway.

–>I feel the lack of privacy is actually an *opportunity* for entrepreneurs. Since we have no privacy anyway, why not run your business with a high degree of transparency and turn it into a marketing advantage? Why not do the right thing and be thoroughly ethical, and then demonstrate this to the world so they beat a path to your door? (This is something I advocate heavily in my award-winning sixth book, Principled Profit: Marketing That Puts People First )

Back to Google: my concern is not *privacy*, but *piracy.* Google’s respect for others’ copyrights is often in conflict with its desire to index the world’s knowledge. As someone who creates a lot of intellectual property (including eight books), it concerns me deeply that Google assumes the right to index first and ask permission later. I could definitely see circumstances where work created (say, for a high-paying corporate client) should not be placed in the public stream. Google claims to be and for the most part acts as a highly ethical company, but on the issue of intellectual property control, I disagree with their approach.

Still, I’ve been an avid Google user, because it does deliver that USP, and that’s something I need.

I wasn’t familiar with Bing prior to reading this article. Did a search for “shel horowitz” and saw very different results than Google. 1,100,000 hits versus about 23,400 on Google (a number that shifts daily between 14,000 and 54,000). Bing’s results heavily skewed toward big portal sites like Facebook (very first result) and Amazon Subsequent pages (I looked through page 3) include a lot of the blogosphere/podcast interviews I’ve done for others, and some of my major media hits. Only three of the top ten were my own sites. Google’s results skew heavily toward my own sites. I love the popup feature on Bing, and expect that Google will implement something similar; this may be Google’s first real competitor for generalized search. (For specialized search, I’ve often turned to Clusty, Ask, and portal-specific search tools.)

By contrast, on Google, I have 7 of the 12 results on page 1. Google itself has positions 4 (Google book search) and 12, and my twitter and Facebook profiles, along with a book review on an outside blog that was published this week, fill out the page.

GMail is still the best web-based e-mail client I’ve used, but that ain’t saying much. I vastly prefer download-based email such as Eudora. Surprisingly, my biggest gripe with GMail is that its search function is just plain horrible. Something you’d think they of all companies could have figured out better. My other gripe is that you can’t do much in the way of batch processing, and dealing with one e-mail at a time, especially over the web, for anything except delete is frustratingly slow.

Shel Horowitz, ethical/effective marketing specialist
https://shelhorowitz.com

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Great discussion on Green Biz between Green business expert Joel Makower and emotional intelligence expert Daniel Goleman, on the roles of informed consumers, “radical transparency,” and social media in eco-friendly consumer buying patterns. Start with Makower’s post, click over to Goleman’s response, and then read the comments on both pages.

This was my comment:

I don’t see you really at odds. Joel says the eco-friendly products have to show a clear advantage–but couldn’t that advantage be something idealistic like lower carbon footprint, especially if it’s combined with, say, a health benefit from avoiding toxic chemicals?

Daniel puts a lot of faith in social media, particularly for the generation coming behind ours. And he’s right. Social proof is in the process of leapfrogging in importance.

I find it interesting that Daniel looks to the Internet, considering he and I both live in the Northampton, MA area, which has very strong offline culture in favor of eco-friendly purchases. Offline cultures, too, can provide social proof.

In the research I’ve done for my books, Principled Profit: Marketing That Puts People First, and my forthcoming eighth book, Guerrilla Marketing Goes Green: Winning Strategies to Improve Your Profits and Your Planet (co-authored with Jay Conrad Levinson), I found that consumers will indeed choose the better choice, the choice more in line with their values, all things being equal. They will even pay more for it. The challenge then becomes to make Green products as good or better than the choices that don’t align with values, and then choosing the better one becomes a no-brainer. Examples abound, from organic food and bodycare to hybrid cars. The danger, I think, is if people find out they’ve been greenwashed (hybrids being an example), the new habits may not stick.

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Very disturbing article on Total Health Breakthroughs about a deliberate campaign by Merck to intimidate, defund ,and otherwise make life miserable for doctors who dared to speak out about the nasty and sometimes-lethal side effects of Vioxx.

I am not in a position to evaluate the claims this article makes, but if there’s any truth to it at all, we’ve got yet another very serious problem in our health care system.

Isn’t it time we put actual healing in front of corporate profits? And isn’t it time that drug companies and others are held responsible for the consequences of their products–and their strategies?

If you’re in the US, tell your representative in Congress to support HR 676, the Medicare for All bill.

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This is a company that is confident in its product and comfortable with social media. Go to https://skittles.com/ and you’ll see (Gasp!) the results page for a Twitter search on “skittles,” in real time.

The “real” nav bar is a window superimposed over the Twitter page

Especially remarkable considering that the product is much-dissed in literature as a quick sugar high that too often substitutes for real nutrition (going all the way back at least to a Doonesbury strip that has Mike asking incredulously, “Skittles is your DINNER?”–must be 15 years ago). And one post that’s visible on my screen as I write this is about “skittlefisting.” Abig BRAVO to them on the transparency front!

I can’t remember another example of a major corporation saying to the world, “we’re not going to control or filter what you learn about us on our own website, we’ll leave it to the randomness of the world.” The only control the site is exercising is demanding to know the age of a viewer and acknowledgment that the company isn’t responsible for the messages.

For people who’ve never used Twitter, it must be really weird. But then again, among the demographic Skittles most appeals to, Twitter use is probably very widespread.

How did I find out about this? I saw a Twitter post from my friend Patrick Byers over at the Responsible Marketing Blog. There’s apparently a whole #skittles thread running at Twitter (the hashtag allows people to search easily for topics).

Speaking of transparency, why did I put # at the beginning of my headline? My blog feeds automatically into Twitter (and from there to Facebook). So by putting the # at the front of this post’s title, I expect that this post will be on Twitter’s homepage briefly this morning, until it gets knocked down out of sight. As a grassroots marketer, I want my 15 minutes of fame. 🙂

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Just yesterday, I blogged about the massive user outcry over Facebook’s new Terms of Use. Last night, CNet reported that the social networking giant had retreated.

Facebook CEO Mark Zuckerberg acknowledged the controversy, saying, “we have decided to return to our previous terms of use while we resolve the issues that people have raised.”

And better still, this time the process will be collaborative–which is especially appropriate, given that Facebook exists because of content its users create:

If you’d like to get involved in crafting our new terms, you can start posting your questions, comments and requests in the group we’ve created—Facebook Bill of Rights and Responsibilities. I’m looking forward to reading your input.

I think I’ll sign up for that group!

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Facebook’s recently adopted Terms of Use are attracting harsh attention in the online world.

Ownership; Proprietary Rights

Except for User Content and Applications/Connect Sites, all materials, content and trademarks on the Facebook Service are the property of Facebook and/or its licensors and are protected by all relevant IP laws and other proprietary rights

OK, no problem so far; user content remains the property of those posting it, and Facebook quite correctly maintains its rights to its own intellectual property. But then a little later, the kicker. An apparent transfer of rights to Facebook, to use your content any way it wants, with no compensation to you.

Licenses

You hereby grant Facebook an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you (i) Post on or in connection with the Facebook Service or the promotion thereof subject only to your privacy settings or (ii) enable a user to Post, including by offering a Share Link on your website and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with the Facebook Service or the promotion thereof. You represent and warrant that you have all rights and permissions to grant the foregoing licenses.
(snip)
Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to Facebook (“Submissions”), are non-confidential and non-proprietary. Facebook will be entitled to the unrestricted use of any such Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Say, what? By my reading, this not only gives Facebook the right to sell our content without even telling us, let alone cutting us in on the revenues, but also could be interpreted–it’s a stretch, but lawyers exist as an industry because of these sorts of stretches–as allowing the company the right to use any content that includes a please-link-back utility that includes Facebook.

Writing in The Consumerist, Chris Walters says this means “anything you upload to Facebook can be used by Facebook in any way they deem fit, forever, no matter what you do later.”

As Amazon, Google, and other content platforms have claimed in the past, Facebook responds that it’s just claiming the rights necessary to operate the service:

We are not claiming and have never claimed ownership of material that users upload. The new Terms were clarified to be more consistent with the behavior of the site. That is, if you send a message to another user (or post to their wall, etc…), that content might not be removed by Facebook if you delete your account (but can be deleted by your friend).

Quoted in the Chicago Tribune, Facebook CEO Mark Zuckerberg put it this way:

We wouldn’t share your information in a way you wouldn’t want,” Zuckerberg said. “The trust you place in us as a safe place to share information is the most important part of what makes Facebook work.

Still, like those other platforms, this response seems thin and inadequate. Surely a lawyer could easily create language that fully protects Facebook while at the same time making it completely unambiguous that user-posted content belongs to its creators, who are merely providing Facebook the right to display and link to it. Without sublicensing, monetary or other compensation, or other seizure of rights the company doesn’t need.

Meanwhile, I’m not a lawyer (and this is not legal advice), but here’s my gift to the Internet community. I freely grant anyone the right to use or modify the following paragraph (which will be posted to Facebook, since my blog automatically feeds into Facebook notes):

I hereby note that I was not presented with the option to sign or decline Facebook’s February 4, 2009 Terms of Use revision, and that while I allow Facebook to display my content on any page where I post it or on any page where another Facebook user links to it, I do not transfer ownership of my intellectual property, nor do I agree to allow Facebook to relicense or reprint my content outside these uses without my approval. I am willing to negotiate licensing and revenue-sharing agreements with Facebook, but I explicitly do not grant blanket permission.

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President Barack Obama is off to a great start. Some of these stories you may have heard about–others were quieter.

  • Began his foreign policy by calling several Middle East leaders (Palestinian Authority President Mahmoud Abbas, Egypt’s President Hosni Mubarak, Prime Minister Ehud Olmert of Israel and Jordan’s King Abdullah–but not, unfortunately, any representative of Hamas) to talk about peace–and by appointing former Senator George Mitchell, a man who had much to do with the negotiated peace in Northern Ireland, his Middle East peace envoy
  • Also took the first steps toward drawing down forces in Iraq and closing Guantanamo
  • Overturned the secretive policies of the Bush administration in favor of much greater openness, including much better responses to Freedom Of Information Act requests:

    The Government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears… All agencies should adopt a presumption in favor of disclosure, in order to renew their commitment to the principles embodied in FOIA, and to usher in a new era of open government. The presumption of disclosure should be applied to all decisions involving FOIA.

  • Got his Blackberry back, after the National Security Administration made it supposedly unhackable
  • Discovered, along with many of his staff, that the White House computer systems are years obsolete
  • Had a substantive discussion with his economic advisors
  • Let’s keep the momentum up! There’s a whole lot of damage to undo, and even more, a whole lot ofnew progress to be made.

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    For years, I’ve been calling for openness and transparency (in business and in government–in this blog, in my award-winning sixth book, Principled Profit, in the Business Ethics Pledge, and elsewhere. Yet most businesses AND most government entities shroud themselves in secrecy, bury attempts at discourse, and give the impression of pulling the wool over the public eye.

    This makes the Obama team’s high degree of transparency and active solicitation of public input (at the change.org website, through the in-person strategy sessions it organized, etc.) even more remarkable.

    Consider this widely reported quote yesterday from an Associated Press story on Obama’s proposed tax cut by Steven R. Hurst:

    At his meeting with bipartisan leaders of Congress, Obama said he would make his stimulus proposal available on the Internet, with a Google-like search function to show each proposed project or program, by congressional district, according to three people who attended.

    Wow!

    I find this especially interesting coming not from some kind of radical but from a mainline, centrist politician, many of whose policy platforms (especially in foreign affairs) are far more conservative than mine.

    Change is about both form and substance. Obama is doing really well on the form so far; let’s hope he follows through into the substance.

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