Reader Comments (Page 1 of 1)

Hey Grant:

Excellent points.

But FWIW, attorneys (yours and mine both) will always beg to differ with us. It's what they do. It's what they're paid to do. They anticipate any possible thing that can go wrong - and plan for it. But most of what they worry about never comes to pass.

I'm not saying we should ignore what they say. That would be suicidal on our part as long as somebody else also has a lawyer. And since our attorney's main function is to protect us from their fellow attorneys, they are also responsible for creating most legal problems to begin with.

So while I wouldn't ignore an attorney's advice, I'd also make it a point not to be stampeded every time one told me something.

Having dealt with attorneys over the years, the best I can say is that, on those rare occasions when something actually did hit the fan, at least they warned us about it.

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With regards the FTC, I wouldn't be overly concerned with the blathering of some staffer out who's to make a name. The FTC is an institution whose days as an effective guardian of the public interest are long over. And unfortunately for them, it's become obvious to just about everyone.

As far as enforcement goes, what the FTC is proposing is largely undo-able. So what they will probably do to compensate is pick some major blogger or two and rake them over the coals as an example and count on the intimidation factor to keep the rest of the zoo in line.

The people they go after will very likely have the charges against them dismissed for lack of merit or due to excessive vagueness in the law itself. So after a few speeches, a high-profile hearing or two up on Capitol Hill, and a whole lot of hand wringing - it will all blow over.

And then the real work to draft some genuine legislation will begin. It's this upside down process (stupid agency action - then charges - then dismissal - then a real law gets written) that rules in Washington DC.

It will be about five years minimum before this process plays itself out. Nobody can milk "raising on a busted flush" better than the federal government.

I wouldn't worry too much. Time is on our side. And besides...Download Squad is squeaky clean already,,,so 'no worries' right ? ;:-)