SEC Leans Towards Allowing Blogs as Fair Disclosure
November 8th, 2006 by Chris Heuer
In a clear and succesfull attempt to show the power of Blogs as an open and credible conversation platform that seemingly meets the requirements of Fair Disclosure, SEC Chief Christopher Cox replied to Scott McNeely’s letter requesting clarification on whether the Internet adequately meets those requirements. Thanks to Kevin Dugan for the heads up via the Social Media Release mailing list (still misnamed as the New Media Release list).
This is exciting and I will have more to say later, but a few of the highlights and what it means for us:
- How cool that he actually commented in the context of the post he was replying to - at first I was concerned that I did not see the coment on the original post (which is where I would have put it) - but being able to make it relevant to another point - I can just see him reading it and feeling that sense of inspiration that many of us have felt when joining the conversation for the first time “OMG, I ‘get it’ - all I need to do is say what I am thinking right here and everyone can listen in or even join.” Just cool - total respect for him on this smart move.
- For the Social Media Release communite more directly, his statement is telling - his questions show a natural and deserving bias towards accepting this very logical conclusion - modern Web technology and network infrastructure, unobstructuted by discriminatory network access policies and practices, is sufficient to meet Regulation Fair Disclsoure - this is exactly what I have been discussing with so many of the wire services over the last few months.
- The other interesting thing - he still sent the letter ‘with the snails’ - there is a need to have the ability for validating both the source and the content of the communications vis a vis a mutually trusted source - this is what I have been talking about for a long time around the value of the wire services fully shifting from that of being the distribution platform to being the source for validating the authenticity of the content - we will be making an announcement about this issue in the near future.
- He ok’d the use of blogs and corporate Web sites - Quoting Mr. Cox “Indeed, because information that is not “selectively disclosed” or that is not material nonpublic information is not subject to the public dissemination provisions of Regulation FD, Sun and other public companies can already do this without implicating the provisions of Regulation FD.”
- It more fully opens the possibility of using a Social Media Release Microformat to distinguish between unofficial and offical corporate communications through Blogs.
- The timing is perfect for us.
- I am looking forward to Jonathan’s reply - the questions being asked, it seems, are easily answered in light of current capabilities and upcoming advancements.
This is also the topic of a community conversation we will be organizing in the near future, stay tuned for more details. (Apologies for the rush job and typos, need to finish another document and get some sleep at some point before Web 2point2 Unconference tomorrow.)
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These are all good points well made by Chris. What heartens and surprises me is how fast we have come to this point particularly with an organization like SEC – Sun obviously gets it because Web2.0 is their schtick – but I thought the SEC would be too corporate, too pinstripe to adopt it so quickly.
It would be interesting to test the case with the regulatory authorities in Europe and the UK particularly with the Financial Services Authority and the London Stock Exchange who are so tight-arsed about protecting their position. Is this the start of true shareholder democracy?
Ian
Hello,
Just wanted to let you know I linked to your blog in my column on CBSNews.com today. Thanks!
If you want to take a look, here’s the link: http://www.cbsnews.com/stories/2006/11/13/blogophile/main2178786.shtml
Thanks,
Melissa
Communications
In a rapidly moving news environment, FDF operates a 24/7 press office and provides communications support to members FDF is the voice of the UK food and drink manufacturing industry. We work hard to promote the interests of the UK’s most important manufacturing sector.
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