1. ASTROTURF, SOCKPUPPETS & FLOGS: A BRIEF HISTORY OF FAKES & FOOLS ASS’N OF THE BAR, CITY OF NEW YORK, KEN DREIFACH, KEN@ZWILLGEN.COM ZWILLGEN, PLLC APRIL 30, 2013 Ken Dreifach ZwillGen, PLLC ken@zwillgen.com

2. Sockpuppets, Astroturf & Flogs: An Introduction  Background  What are these things?  “Astroturfing” = fake grass(roots) Reviews, posts,  “Sockpuppet” = fake online identity  “Flog” = fake blog (undisclosed sponsor)  Purpose: Create buzz, viral marketing, influence decision-makers

3. Does is really matter (& Isn’t the Internet fake anyway... ?  These devices mimic influential groups:  Consumers  Peers  Journalists

4. A Brief History of Astroturfing...  Cassius “Astroturfs” Brutus: I will this night, In several hands, in at his windows throw, As if they came from several citizens, writings...

5. Walt Whitman reviews Walt Whitman circa 1855 = Leaves of Grass - - reviewed by Anonymous “as if all the sounds of earth and hell were tumbled promiscuously together”

6. Political Sockpuppetry  Lloyd Bentsen: “A fellow from Texas can tell the difference between grass roots and Astroturf... this is generated mail.”  Discussing mail supporting insurance cmpanies, 1985.

7. WHO’S ASTROTURFING NOW?

8. Book and Product Reviews  “The Best Book Reviews Money Can Buy,” NY Times (August 26, 2012)  Gettingbookreviews.com:  $499 = 20 reviews  $999 = 50 reviews  April 2013: Samsung apologizes for posting fake (negative) reviews of HTC devices  Hired students to do it

9. Political Sockpuppetry  Former SF Mayor Newsom’s Chief of Staff  Disguised blogs, posts  “It was fun -- it's [the Internet is] where people are having fun." But "there's probably a different standard for me.“  Russian youth group Nashi – payments to bloggers, journalists and others online to flatter Putin and discredit rivals.

10. Flogging Across America  “Wal-Marting across America” Blog (2006)  Laura & Jim in an RV, staying in Wal-Mart lots  Failed to Disclose Wal-Mart sponsorship

11. Whitman to Wal-Mart: Why Now?  Social Media  Viral, crowd-sourced  Big Data  “influencers” (and cheap labor) are cheap and easy to find  Need for online monetization  Entertainment is consumed online  Ad dollars & techniques are still catching up  Online ad models are still evolving

12. Whitman to Wal-Mart: Why Now?  Social Media  Viral, crowd-sourced  Big Data  “influencers” (and cheap labor) are cheap and easy to find  Need for online monetization  Entertainment is consumed online  Ad dollars & techniques are still catching up  Online ad models are still evolving

13. What Laws Apply?  FTC and deceptive practice laws  Ethics Standards  Advertising  Journalism  WOMMA  The law of public opinion

14. Advertorials & Journalistic Ethics

15. “Sponsor Content”

16. The Critics... SPONSORED: The Taliban Is A Vibrant And Thriving Political Movement NEWSNEWS News ISSUE 4903 Jan 15, 2013NewsISSUE 4903

17. On the Other Hand...

18. STOP TALKING NOW. Ken@zwillgen.com 347.210.1798