Lifestreaming is Social Networking on Steroids

At a time when the number of social network services is skyrocketing to the point where it's impossible to join them all, aggregating them into a single feed is the next challenge. FriendFeed does it for me.

Welcome to "lifestreaming".

Consumer Protection from Unfair Trading Regs 2008

I've given up my attempt to independently summarise the Consumer Protection from Unfair Trading Regulations 2008 ("CPRs" in the trade), and am simply going to refer you to what the OFT and BERR seem to make of them.

Oh, alright then. To summarise briefly:

• Regulation 3 bans unfair commercial practices - basically anything unacceptable from an objective professional standpoint which is (or is likely to) change an economic decision of the "average" consumer. In other words, because of the practice the consumer buys (or sells) what they would not otherwise have bought (or sold), or fails to cancel a transaction that they would otherwise have cancelled.
• Regulations 5-7 prohibit commercial practices which are misleading (whether by action or omission) or aggressive, and which cause or are likely to cause the average consumer to take a different decision.
• There are 31 practices that are prohibited in all circumstances - regardless of whether or not they actually affect a consumer.
• Oh, and this is all backed by criminal and civil enforcement powers and remedies.
  

Of course, this is fantastic example of EU overkill. There is simply no major consumer problem in the UK that deserves a whole swathe of new regulation which is harmonised with Greece.

Okay, so there are still dodgy traders, but we have TV shows that doorstep those guys for fun.

But some lawyers are getting pretty worked up about these regulations from a compliance standpoint (did I mention the criminal and civil enforcement provisions?). But this misses the wood for the trees. Any consumer-facing business that is reliant on these sorts of practices for its bread and butter has heavy cultural issues to contend with, and these issues could go right to the top of the tree. Cultural change is tough, and it isn't driven from the compliance coal face alone.

Which is why I enjoy advising Web 2.0 businesses - as they are predicated not only on treating consumers fairly, but enabling consumers to ensure that they are treated fairly.

Interesting issues for some eBay power sellers, though, and I guess there may be some old sharks who'll find themselves with a fine or making licence plates.

Lest we forget, there are also changes to the comparative and misleading advertising regulations. Basically, the Business Protection from Misleading Marketing Regulations 2008 ("BPMMRs"):

• prohibit advertising which misleads traders (Reg 3);
• sets out the conditions under which comparative advertising is permitted (Reg 4) - including the condition that the ad must not be misleading either under Reg 3 or the CPRs (see above);
• requires traders and bodies responsible for codes of conduct or monitoring compliance with such codes not to promote misleading advertising and comparative advertising which is not permitted (Reg 5).

And, unlike the rather limp Advertising Standards Association advertising codes, these puppies have teeth - criminal and civil enforcement remedies and nasty accompanying powers.

West End ad agencies will never be the same again.

Preparing Britain for the Future

Alarmed by the loose wheel nuts on this New Labour machine we're all riding in, I've been delving under the seats in a desperate attempt to find anything that might tell me where we're headed and just how dangerous it might get.

This evening, I found the Government's legislative proposals for 2008-09 under a jumbo crisp packet and the greasy remains of a cornish pasty in the rear of the cab.

Apart from the smell, the first thing that slaps you in the face is that these guys plan to do an awful lot - too much, one senses, if they are to really achieve much. This government is a great one for gallons of policies, tapping the brakes and U-turns. Not good if you're prone to motion sickness.

Second, while there are no funding details, of course, all this planning feels really expensive in terms of consultants, and additional civil servants to staff all the new agencies. In other words, boiling an ocean consumes a lot of gas. And all the chat about better regulation, only seems to mean more regulation, if only to gather the existing regulation into neat and tidy piles for lawyers to sift through (page 72). The words "Titanic" and "deckchairs" spring to mind.

Third, and most importantly, there's absolutely no sign that this government is remotely concerned about reducing public sector costs, eliminating waste, enhancing productivity or educating civil servants to work smarter rather than hiring extra "special advisers" to get things done around them. This can't end well.

Anyway, here are 7 things that shone at me out of the rubble:

1. We're going to get a a "Bill of Rights and Responsibilities" (p. 65), so be prepared to call Radio 4 to argue for outrageously generous personal rights and extremely high expectations of others.
   
2. A "community empowerment" bill (p. 66) will make it lawful to lynch local councillors for squandering our council taxes if we can only lobby hard enough.
3. Business rates will increase 2% to fund some kind of local authority "economic development" budget (p.12). Does this mean that local authorities are better at economic development than local businesses?
4. 8 million low income earners will be forced to take bank accounts to qualify for The Saving Gateway, a scheme that matches government handouts with individuals' own savings (p. 29). No mention of bank fees, or savings rates that will apply, but this is chum in the water for the retail banking sharks. You can already see their fins on the surface. Also a nice way to ensure that people lend to banks while the banks are refusing to lend it to each other (or anyone else, for that matter).
   
5. At last we are going to get 3 new, additional, extra education agencies - to regulate tests, skills funding and apprenticeships for some reason (pp 14-15). These agencies are vital, as they act as human shields for Ministers against citizens and the media.
6. An oddly named "Bureaucracy Champion" will be appointed to cut red tape the for the police (p. 18). Why can't the police find the people who created the red tape in the first place and beat them with truncheons until it's all removed?
7. Great news for IT vendors - a new Communications Data Bill will increase police access to our personal communications data, which will mean lots more IT kit to record and store it all. Really securely.

Remember: don't drink the Kool-Aid.

Government to Champion Bureaucracy

"The Government will also appoint an independent and high profile Bureaucracy Champion to focus on driving out unnecessary red tape and test future proposals for their impact on the front line..."

Source: "Preparing Britain for the future: the Government's Draft Legislative Programme" May 2008, page 18

The Evolution of Legal Services

Interesting coverage of Axiom's business model in The Lawyer this week. Flexible working infiltrates the Ivory Tower.

[See also subsequent coverage in the Wall Street Journal.]

Experienced specialist lawyers like the Axiom model because you get to earn good money consulting to some fantastic brands on big product launches, outsourcing deals, acquisition integration and so on. Great if you're looking for a new challenge but the "permanent" roles on offer don't light your fire.

In-house teams like someone with plenty of corporate experience to absorb the pain of servicing very demanding, one-off projects, rather than diverting the in-house team from business-as-usual or relying on a private practice lawyer who doesn't know the corporate processes and procedures.

Big law firms like the efficiency of dealing with a lawyer dedicated to a big transaction - especially where they have committed to fixed or capped fee arrangements. And it's an alternative career path for those who find the whole partnership thing a bit of a slog.

Of course, I should mention that I consult through Axiom.