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Important Internet Shopping Law Signed by President Obama

restore-online-shoppers-confidence-act[Although this piece of news is a bit dated, I wanted to post it because there are many online retailers out there that are not aware that it exists]

President Barack Obama has signed into law the Restore Online Shoppers’ Confidence Act (ROSCA). The new law restricts “post-transaction third-party marketing,” where a shopper’s online purchasing information is passed from one merchant to another, who then uses that data to enroll the consumer in their programs, oftentimes without the consumer’s knowledge or consent.

[Very good article by Mike Young, a prominent Internet Lawyer here]

The Act makes it unlawful for any Internet merchant to pass personal financial data — credit card, debit card, bank account, financial account numbers or any other billing information — to third party merchants for use in an Internet-based sale of goods or services from the post- transaction third party seller.

ROSCA was developed as a result of an investigation conducted by the Senate Committee on Commerce, Science and Transportation. The Committee found hundreds of honest online retailers were sharing their billing, credit card and debit card information with third party sellers through the data pass process. Some third party sellers then offered consumers “memberships” which were cleverly disguised as part of the consumer’s initial purchase. The consumers were given a “negative option” where they could decline the membership after an initial trial period.  Following the free trial period consumers who did not cancel the membership were charged recurring fees.

The new law deems this practice to be a misleading sales tactic.

In addition, ROSCA makes it unlawful for any Internet merchant to pass personal financial data — credit card, debit card, bank account, financial account numbers or any other billing information — to third party merchants for use in an Internet-based sale of goods or services from the post- transaction third party seller.

The Act prohibits the practice of negative option marketing, unless the merchant:

  1. Provides text that clearly and conspicuously discloses all material terms of the transaction before obtaining the consumer’s billing information
  2. Obtains a consumer’s express informed consent before charging the consumer for the transaction
  3. Provides simple mechanisms for a consumer to stop any recurring charges.

Violations of ROSCA shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices.

View the Full ROSCA Law (PDF)

This site, www.online-law-degree.com is also resource if you are interested in learning more about law.

Online Freelance Workforce Continues to Rise

The Labor Day weekend got off to a dubious start with Friday’s news that the nation’s unemployment rate crept higher in the month of August. But the number of online freelancers also continues to rise, and a new report from Elance indicates that the growth is due more to lifestyle choices than the jobless rate.

The world’s leading platform for online work recently published the Freelance Talent Report, in which 70 percent of respondents stated that they are happier working as independent professionals than as employees. Only a slightly lower percentage, 63 percent, said that they would choose or have chosen freelancing over traditional employment. Supporting those numbers is the fact that freelancers working through the Elance online platform have earned $300 million in wages.

Other findings from the survey include the following:

  • 79 percent of the participants said that having control over their own schedules was the best thing about freelancing
  • 71 percent said that they find at least 50 percent of their clients or their work online
  • 63 percent said that finding new clients and steady work is their biggest challenge (lack of benefits was next at 49%)
  • 50 percent said that freelancing is their sole source of income while 28 percent indicated that freelancing was a supplement to their incomes.

Other qualities of freelancing that rated highly with the participants included following their passion (74%), lack of a commute (73%) and increasing their income (62%). Elance, which helps businesses find qualified freelance and contract talent with technical, marketing and business skills, surveyed 700 of its freelancers for the survey.

Posted Sep 04 2010, by Linc Wonham in Website Magazine

Bing Keeps Growing!

Search Query Share:

Since the launch of Bing, searches on Microsoft sites have grown nearly 47 percent, with 77 million users searching Bing every month. Microsoft search query share grew to 11.5 percent in February.

  • Microsoft query share grew to 11.5% in February.
  • With the launch of MSN14, MSN and Bing share over 116 million unique users.

Do you know where you rank with Bing right now?

-RE Ferguson

Bing Optimization: A Brief Overview

Ever since Microsoft launched its Bing search engine, it has drawn a lot of interest (and speculation) from the SEO community. On one hand, this is quite logical because Bing is intended to be one more heavy-weight player and it is expected to cut some share from Google. On the other hand, this is hardly the first time a new heavy-weight player comes to the ring, so maybe the expectations that Bing will put an end to Google’s monopoly are groundless. Still, Bing is quite different (in a positive way) from the other search engines and this is its major strength.

 

Is Bing Really That Different?

The first impression you get when you go to Bing.com is that it is different – the background makes it cute but sure, there have been many other cases of search engines with tons of graphical frills to disguise their irrelevant search algorithms. However, when you type a search term, the results you get are a pleasant surprise because they are relevant.

It is this relevance of search results that worries SEO experts. The results you get when you search with Bing are relevant, yet they are very different from Google’s. Actually, no matter if you search with Google or with Bing (or if you go to Bingle, you can compare the result sets side by side), you get relevant results and the two sets are very different from one another.

One of the most important things SEO experts are curious to know about Bing is its algorithm. Obviously, Bing’s algorithm is different from Google’s because when the search term is the same but the set of results is different, a difference in the algorithm is the obvious answer. Actually, the question is exactly what is different between the two algorithms and if the difference is so drastic that it makes it mandatory to re-optimize a site for Bing.

 

What Do I Need to Do In Order to Optimize My Site for Bing?

Wait. This is the first thing you need to do. Right now it is too early to say what steps (if any) are required in order to optimize your site for Bing.

Additionally, no matter how promising Bing looks, it is still early to predict if it will become a real competitor to Google or if it will become one more failed attempt to dethrone Google. Let’s see how users react – will they start Binging more or will they stick to Google. When it becomes clear that Bing will be able to make it, then it will make sense to optimize for it as well. So for now the best you can do is wait.

 

Which Factors Make a Site Rank Well With Bing

As you probably guess, the exact algorithm of Bing is not publicly available and because of that there is a lot of speculation about what weighs more for Bing (in comparison to Google) and what weighs less. Many SEO experts test different search queries, analyze the results, and based on that try to figure out what of the known SEO tactics works with Bing. For instance, these tests are quite interesting.

Some SEO experts even think that Bing is actually Live Search in new clothes (i.e. user interface), while others say that there are noticeable differences between Live Search and Bing. But there is no doubt that for now Bing is a significant improvement over Live Search in terms of relevance of search results.

Bing is hardly the first time when there is no agreement in the SEO community about the intricacies of the algorithm but if we can summarize, here are some factors, which are (or at least are strongly believed to be) of importance when Bing optimization is concerned:

 

Backlinks are of less importance. If you compare the first 10 results in Bing and Google, it is noticeable that all equal, the winners in Bing have less backlinks than the winners in Google. It is unclear if nofollow matters with Bing.

Inbound anchor text matters more. The quantity of quality inbound links might be of less importance for Bing but the anchor text certainly matters more. Actually, since anchor text is one of the measurements of the quality of inbound links, it isn’t much different. Get quality anchor text and you will do well in both Bing and Google.

Link spamming won’t do much for you on Bing. Since the quantity of backinks (even if they are of supreme quality) seems to be of less importance to Bing, link spamming will be even less effective than with Google.

Onpage factors matter more than with Google. This is one of the most controversial points. Many SEO experts disagree but many also think that onpage factors matter more with Bing than with Google. Still, it has nothing to do with the 90s, when onpage factors were definitive.

Bing pays more attention to the authority of the site. If this is true, this is bad news for bloggers and small sites because it means that search results are distorted in favor of older sites and/or sites of authoritative organizations. Age of domain is also very important with Bing – even more than with Google.

PR matters less. When you perform a search for a competitive keyword and you see a couple of PR2 or even PR1 sites among the top 10 results, this might make you wonder. On Google this is hardly possible but on Bing it looks quite normal.

Fresh content matters less. Bing looks a bit conservative – or maybe it just can’t index sites that quickly – but it seems that fresh content is not so vital as with Google. This is related to the age of domain specifics and as a result you will see ancient pages rank high (but these ancient pages are relevant to the search query).

Bing is more Flash-friendly. Optimizing a Flash site for Google is a bit of a SEO nightmare. It is too early to say but it looks like Bing is more Flash-friendly, which is good news to all sites where Flash is (still) heavily employed.

 

For now it is too early to say which factors are of primary importance with Bing. But the fact that their search results are relevant means that their algorithm is really precise. Well, maybe the relevant results in Bing are due to the fact that web masters were taken by surprise and they haven’t had the time to optimize for Bing. As a result, the content is authentic, there are no SEO gimmicks and artificial pumping. We’ll see if this will stay so in the future, when web masters learn how to optimize for Bing as well!


Oprah Sues Seedy Online Marketers

Reprint from Mashable.com: August 21st, 2009 | by Adam Ostrow


Banner ads that include celebrities are nothing new, and a common tactic used by marketers to improve click-thru rates. However, in most cases, the celebrities being featured aren’t actually being paid for the endorsement.

Oprah has decided to do something about it, and along with Dr. Oz and The Illinois State Attorney General’s Office have filed a lawsuit against more than 50 different marketers who have used their images without permission.

We caught wind of the suit by way of an email from Azoogle, a big online affiliate ad network, who sent a message to its members warning them about this practice in light of the suit:

“The Illinois State AG has filed actions against three parties for deceptive advertising practices in the marketing of acai berry products and other dietary supplements. Please keep in mind that the regulators are choosing to directly pursue affiliate marketers for their marketing practices. The full text of the press release can be found here.

Dr. Oz and Oprah Winfrey have also filed a lawsuit in New York for copyright and trademark infringement against approximately 50 companies, including advertisers, suppliers, ad networks, and affiliates. To put it bluntly, they are very unhappy of their celebrity status being used to market dietary supplements and cosmetics, without their permission. They have specifically listed hundreds of affiliate sites they want discontinued immediately, because the URLs use their name or the sites claim endorsements from Oprah/Dr. Oz. The full story can be found here.”

It’s hard not to be on Oprah’s side of this issue. The ads – like the one featured above – are clearly not for products and brands that Oprah would want her name affiliated with. That said, ads like these are everywhere. It will be interesting to see if the Oprah suit leads other public figures to aggressively go after those that use their image in online ads without permission.


OK, if we all have learned anything from Oprah over the last umpteen many years it’s that it is MUCH better to be on her good side than her bad side. I applaud Oprah for taking a stand against the “seedy” online marketers (unlike yours truly) who just use popular names for link bait. Way to go Oprah!

-REF

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