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Wednesday, April 7th, 2004

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Highlights of the Week: We Bet it won't be Found on Google or Yahoo...

The US Justice Department is serious about its crackdown on online gambling. Last year they forced the major credit card companies and US based Pay-Pal to stop processing transactions for online gaming. Now they have reached into the legal departments of the worlds two largest search engines, Google and Yahoo.

Traditionally, the US Government has had a major problem in their fight against online casinos. Since millions of dollars are at stake and taxation is a major issue for most casino owners, most online casinos are located in territories outside of American legal jurisdiction. If the Government can't target the casino owners directly, the US Feds are going after websites and search engines that provide advertising space for online gambling companies. Citing the Interstate Wire Act of 1961, also known as the Federal Wire Act, the Justice Department is targeting website owners who "aid and abet" what the US Government considers an illegal activity. This week, the US Feds scored a major victory in their fight against offshore companies taking US dollars when both Google and Yahoo announced they would no longer run advertisments for online casinos. What this means exactly is still in question and at the time of this writing, I have had the most difficult time getting anyone to offer a solid opinion, much less an attributable quote that actually tells us what's going on.

As quoted by the Associated Press, Overture spokesperson Jennifer Stephens attributed the casino ban to a "lack of clarity in the current environment" and a desire to conform with its parent company's policies. Yahoo stopped displaying banner advertising for Online Casinos in late 2002. Google spokesperson David Krane was quoted by AP stating the ban will, "...help provide the best search and advertising experience for its users." (ed note: uh-huh) In other words, neither Overture or Google like this but are accepting it, at least as it applies to advertising in the United States. Yahoo will continue to serve casino advertising opportunities in 14 countries outside of the United States.

There are many questions raised by this move and, as mentioned before, very few answers are forthcoming. We would like to know if this move is targeted at paid-advertisments only or will the traditional listings be effected? What about US-based online gaming such as off-track betting sites run by the New York's Off Track Betting Corporation? When will the US Justice Department go after independent website owners running banners for online casinos?

Can the Feds Control Traditional Listings?
This is a good question, one we don't have a lot of answers for. The short answer is, of course they can, if they really want to. Google has already bowed to pressure in other cases, most notably one brought by the Church of Scientology against Google for websites that gave away Scientologist secrets and other materials considered copyright infringement by Scientology. Google directly manipulated its traditional listings on behalf of the Scientologist organization by removing links to contested materials. In thier defense, Google did put in place a link to www.chillingeffects.org, a pro-First Amendment website founded by the Electronic Frontier Foundation and several law school clinics. A note from the US Justice department will likely carry as much weight as a note from Scientology's team of lawyers. The same can be said for Yahoo.

On the other hand, traditional search engine returns pages are much more difficult to manage for algorithmic search tools. The advent of personalized and local search features will likely make it easier for search engines to limit listings that cross legal barriers. Another recent example is the US Government's fight against Canadian online pharmacies selling prescription drugs to US customers at a fraction of the cost charged by US pharmacies. Both Google and Yahoo have stated they would no longer accept advertising for online pharmacies though Google continues to display AdWords for the sector. Both Google and Yahoo continue to display literally millions of traditional listings under the keyword phrase "online drugs". We don't see why there would be any difference for online gaming.

There is another aspect to this case that should not go unnoticed, especially by site operators living outside the United States.

US Law vs International Law
Recently the United States has made a practice of ignoring International laws, treaties and agreements when it suits the aims of the US Government's agenda. Nevertheless, the ban on casino advertising is being disputed at the World Trade Organization by the tiny Carribean nation of Antigua and Barbuda where over 5% of the population is employed by the online gaming industry. Antiguan government officials are arguing the ban constitutes a restraint on trade and is designed to protect the massive gaming interests of American casino operators. They may be right and may even win the case but as Canadian provinces depending on lumber revenues have learned, being right does not necessarily mean getting the US Government to comply with International agreements it signed. Even if Antigua wins the case, as is likely under International law, chances are it will make little difference while costing the tiny state a lot of money. Regardless of International laws, treaties and agreements, the US Goverment considers its national interests to trump all else. Like Canadians doing business with Cuba, (a perfectly legal practice in Canada), online casino operators and those providing advertising for them may find themselves in deep trouble with US Immigration, which is now run by the Department for Homeland Security.

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Major Player Updates: Is Google Getting "evil" with Gmail? :: Yahoo's First Quarter

YO!, Got GmailIs Google Getting "evil" with Gmail?
On April 1st Google announced their new and free web based email system amongst rumors of an April fools joke. The program, Gmail, the account size limit, 1 Gigabyte! It wasn't too hard to believe that Gmail was a joke, in fact it seemed downright certain. It didn't help when we heard that Google was planning on scanning every email in the system and adding keyword matched Adsense advertising to each mailout... that just seemed way too 'overtly evil' for Google to be seriously considering it. After all, Google's motto (as I just love to remind everyone) is "Don't Be Evil!" But alas, the StepForth staff were in complete awe to discover that every feature of Gmail announced was in fact true! What are they thinking?!

What is the Issue?
Gmail's automated system will scan a user's email to find content that it can match to applicable AdSense advertisements. Once it finds an ad that matches the content of the email it will place the advertisement on the side of the user's email. The issue is the scanning... Google claims that since the scanning is entirely automated they are respecting the privacy of their users. Since this is an unprecedented move into the limited grey area of privacy rights, the issue has prompted some fairly raw emotions.

Hitting the Fan
It didn't take long for privacy advocates to smell blood at Google. The World Privacy Forum, the Electronic Privacy Information Center, and the Privacy Rights Clearinghouse are among the most prominent privacy organizations raising serious flags over the email match advertising policy at Gmail. On April 6th an open letter was sent to Google from 28 privacy organizations requesting that Gmail be put on hold while significant privacy concerns are considered. Countries such as Canada, the United Kingdom and the Netherlands also voiced concern within the open letter.

Will Google stick to their guns? Do they realize the evil precedent that will be made if Gmail's Adsense advertising goes ahead? Google may not be conciously choosing an evil objective (that is for the world to decide), however, you just know that others will take advantage of this marketing tactic if it is approved. I shudder to think what ethically challenged spammers will be able to do with this technique!


Yahoo! Posts First Quarter Results (2pm PST today!)
This is hardly a suprise; Yahoo is doing well!
See below for their first quarter results and links to financial statements:

 

2003

2004

Total Revenues:

$282,948,000

$757,786,000

Cost of Revenues:

$43,132,000

$281,705,000

Gross Profit:

$239,816,000

$476,081,000

 

Net Income:

$46,703,000

$101,212,000

Pay per Click Tip: AdWords Update

Recently Google has made some adjustments to AdWords such as appearance and pricing models. Here is a summary of a few of those changes.

Google AdWords New Look
Recently Google changed the appearance of their Google AdWords dropping the ‘post it’ look for a more streamlined clean-cut approach. AdWords Ads now look much more like their neighbors to the left, the natural SERPs, which makes them appear less like paid advertisements. Could this be an attempt to increase click through rates? Google Claims it is simply cleaning up the look, and from what I have seen with client PPC campaigns, there has been no drastic increase in CTR’s since the new look has been in place. If it does begin to increase clicks, I don’t really see a downside to this. After all, advertisers want their CTR to increase, and are only billed their daily budget anyways, so it won’t cost advertisers any extra. If this is a ploy strictly to increase CTR’s, then to me it simply seems like common business sense. Should this change have a negative effect on the AdWords revenue stream, I would imagine that Google would revert back to their old look.

Google AdWords Smart Pricing
To put it simply, Google says that it will decrease the amount you pay for less relevant clicks. As stated by Google, “ a click on an ad for digital cameras on a web page about photography tips may be worth less than a click on the same ad appearing next to a review of digital cameras.”

This is great for advertisers, hearing that they may pay less for less relevant links. But the real question is why are the ads being displayed there in the first place? In my mind, rather then introduce a complex pricing scheme, would it not be easier to simply place ads on totally relevant sites only?

Gmail and AdWords
As soon as Gmail goes live, Google will analyze every email sent and place relevant AdWords ads along side. This will increase ad impressions, but the impact it will have on click through is yet to be seen.

Like many Internet users, I have a hotmail account for to help reduce junk email in my outlook inbox. I only use the hotmail address when submitting online forms when I am unsure if I may receive mountains of spam as a result. I must say I have never clicked on a single advertisement that I have seen along side an incoming hotmail email. So will it be different for Google? My thoughts are the ads posted along side Gmail messages will likely draw very limited amounts of qualified traffic, possibly making this a waste of money to advertisers. Since Gmail is still in a testing phase, there are no useful information on traffic numbers, but once it goes live I am sure there will be plenty to say. Hopefully, as it does for their search and content networks, Google will give advertisers the option to prevent their ads from being displayed in Gmail.

Not to Miss! Software Feature
In the Client Spotlight this Week: Chiro-Plus :: Orange County Chiropractic Clinic

Living in Orange County California can be interesting. The traffic, the intensity and stress and the smog from neighboring Los Angeles can all add up to a major pain in the neck. That's where StepForth's newest clients, Chiro-Plus can help.

Chiro-Plus' "...fully dedicated staff & doctors offer gentle, drug-free care to provide you with the best health care experience in your life." (from Chiro-Plus.net). If you are seeking in chiropractic services in Orange County, look no futher than Chiro-Plus.

Weekly Quick Tip: From Each According To Their Abilities …

As one’s business develops there is often a growth in what the business is called on to offer. Take for example, a chiropractor. As a chiropractor you have a very specific and specialized practice, however that practice will naturally attract people with additional needs. These needs may vary from massage to general physiotherapy.

As a businessperson there are two main reasons that you will want to be able to give your clients a solution. First, whenever you can provide a solution you stop them from going elsewhere. Any time a client has to seek out their own solutions there is a risk that you will lose them as a client. If you can’t provide a physiotherapist for them they will have to find their own. If, in searching, they find a physiotherapist who also does chiropractic then you stand the risk of losing them to an “all-in-one” solution.

The second reason you will want to have a solution is for the additional revenue it can provide. Any time you can provide a solution someone will be willing to pay you for it, either with a referral fee or with reciprocated business. Either way this is a winning situation for you.

So let’s say you’re that chiropractor and that you get asked periodically for massage therapists and physiotherapy specialists – what should you do? There are a couple solutions: you can go back to school for a few more years and become an expert in these additional fields OR you can outsource. Going back to school is generally not the best option. First, because it’s costly in both education costs and in lost revenue from not working during that time; and secondly because you will never be able to be the best at everything.

If you choose to outsource you again have options. You can hire people who are experts in these various areas, or you can refer your clients to them. If you hire them you are assuming additional costs such as salaries, rent for offices, etc. If you refer your clients directly to them you assume no additional costs but don’t stand to make as much money.

There is no hard answer as to which route you should take in this scenario, as there are too many factors to consider in a general example like this. You will have to consider what the market is like in your area, what the various costs are, etc. That said the conclusion is still the same, don’t try to do it all yourself. It is easier, more efficient, and more profitable to do what you do best and leave others to what they do best. If you refer your clients to the massage therapist down the block and they in turn refer their clients to you, you don’t have to go back to school, incur numerous costs, and spend years of your time to improve your client base – it will happen through referrals. And if they pay you a referral fee instead, you can be earning revenue from massage while providing a chiropractic adjustment to a different patient.

This philosophy is not exclusive to chiropractors and can extend to virtually every industry. We have web designers who don’t want to spend years learning SEO and then hours every day in keeping up with the current developments in the search engine world. They refer clients to us, we provide excellent service for them, their clients are happy, we never mention any other designers to their clients so they retain their client base and make a commission off the referral.

There are arrangements like this in virtually every industry. They are beneficial to all businesses involved and most importantly, they are good for your business because they are good for your client. Which means not only do you have more money today, you have a loyal client into the future.

The Net Reality: Read the Fine Print before you Cash the Cheque

HEY CANADIANS -- PAY ATTENTION TO THIS ONE...

Receiving a cheque in the mail is a nice thing, especially if it appears to be a rebate for items or supplies purchased. We received a nice cheque in the mail last week for $4.50. Though the amount was very small, it looked like any other rebate cheque we might receive. Written from the Toronto Main Branch of the Royal Bank of Canada (one of the largest banking institutions in the world), the cheque was issued by YPCOM.CA based at 3012 17th Ave. SE in Calgary Alberta. The memo section of the cheque stated that it was written for Internet Services, (something we provide on a regular basis).

Our accountant did not recognize the name of the company so the cheque ended up on my desk for confirmation. That's when Ross the boss noticed the small print on the back of the cheque which reads (and I quote), "Please list my company's information as shown on this cheque in the YPcom.ca online business directory. I am over 19, and authorized to place this advertisment by depositing this cheque and by doing so I agree to pay $37.95 per month for this advertisment. I agree to the Terms of Offer and the Pre-Authorized Debits ("PADs") Agreement which were enclosed with this cheque and authorize Telco of Canada Inc. to bill such fees on the company's phone bill, or to process such fees by monthly PAD against the company's bank account, which I have signing authority over and into which this cheque is deposited. I give my continuing but revocable authorization to process such PAD payments according to the PAD Agreement. I understand that I can cancel and receive a full refund by simply calling 1-800-549-0015 within 120 days." This notice was written in very small print and is reproduced verbatim here.

A call to YPCom produced a fellow in Arizona who assured me this promotion was totally legal in Canada. As it turns out, it is not legal in the United States (which is a good thing). This is so legal in Canada, apparently major banks are doing it as well!

Don't cash these cheques or any unsolicitied cheque. While this is legal, the offer will not produce strong results for advertisers. YPCom's medium stinks as does their methods. With a Google Page Rank of 3/10 and very few listings, an ad here will not likely do much for your business except cost your business money.

Again, this is legal but likely shouldn't be. The folks at YPCom.ca should be ashamed of this tactic and advertisers should be wary of any medium that feels the need to either trick or buy your business for $4.50 CDN



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