Boris Asides

Trouble is, targeted advertising is the norm on most websites today, and is often provided by third party services like Google’s. Both blogger and advertising service pocket revenue from readers’ clicks, but the blogger has no power to select his advertisers, while Google has no power to write disclosures or control content. Whom should the FTC hold responsible?

While Cleland agrees targeted advertising is a less cut-and-dry issue than sponsored content, he won’t rule it out as subject to the new rules: “It’s something we’d look at on a case-by-case basis.”

Bloggers like Jarvis say advertising should be off limits to these regulations, since consumers recognize ads as paid content, an implicit form of disclosure and since third party ad services, who make their money on clicks, have an incentive to keep ads relevant rather than fraudulent.

Other bloggers are less worried about the regulation’s impact. Says Amateur Gourmet’s Adam Roberts: “I don’t think they’d spend the time and resources to go after small blogs.” Roberts may have a point—the FTC has never sued a consumer endorser, but has instead historically placed the onus on advertisers to insist upon disclosure from their endorsers.

Still, the vagueness of the FTC Guides is troubling. “I’m not familiar enough with the way that things are working to be more specific,” says Cleland. If regulators aren’t familiar with the models they regulate, that may be the most worrisome thing of all.

Last sentence bolded by me. This seems like the FTC over reaching in pursuit of remaining relevant.