"...
Growth in the numbers of personal blogs tracked by Technorati continues to grow briskly as well as
corporate blogs. While the doubling of the blogosphere has slowed a bit (every 236 days or so), interest in blogging remains considerable. About 55% of all blogs are active, which means that they have been updated at least once in the last 3 months."
The integration of blogs and traditional media sites on the web continues. Technorati has put together the top 100 sites that make up "The short head" (as opposed to "the long tail"), which is still predominantly made up of traditional media sites, like The New York Times, Yahoo! News, CNN, and MSNBC.
By the time you reach the top 5000, blogs have essentially taken over, with very few well-funded mainstream media sites listed." For the full monty of graphics and analysis, check out the
full report.
So far, there is no tracking of
splogs that portent the
death of blogs as a reliable source of information.
However the real "raw data" comes from the Sun MicroSystems
blog. I've taken the liberty to capture the commenst against the post - which are often as interesting in their POV often representing "old media."
Monday Oct 02, 2006
One Small Step for the Blogosphere...
I've been an officer of a public company for a while, and I've had access to confidential information for a good while longer. And I'm used to holding my tongue on issues that'd be deemed material to Sun's financial performance. Like a pending acquisition or big sale, or data related to how our quarter's going. In a public company, there are very strict laws surrounding how information's disclosed.
So a couple years ago, when I first started blogging, I and our illustrious general counsel were far less worried about what I was saying, than where I was saying it. For example, I couldn't use my blog to announce our quarterly performance, or disclose a material transaction. I had to use a press release, or a conference call (with a telephone operator, no less!).
Why?
A regulation known as "Reg FD," or Regulation Fair Disclosure - which attempts to ensure no one audience gets preferential access to material non-public information. It's a great concept, designed to prevent selective disclosure, or actions that might advantage one investor over another.
Unfortunately, Reg FD doesn't recognize the internet, or a blog, as the exclusive vehicle through which the public can be fairly informed. In order to be deemed compliant, if we have material news to disclose, we have to hold an anachronistic telephonic conference call, or issue an equivalently anachronistic press release, so that the (not so anachronistic) Wall Street Journal can disseminate the news. I would argue that none of those routes are as accessible to the general public as a this blog, or Sun's web site. Our blogs don't require a subscription, or even registration, and are available to anyone, across the globe, with an internet connection. Simultaneously.
Now we happen to have a like-minded Chairman at the United States Securities and Exchange Commission (the 'SEC'), Christopher Cox. So Mike and I sent along a rather formal note last week, requesting a clarification to Reg FD, one that would permit our (and everyone else) using the internet (eg, a company blog or web site) to release material information. Without a press release or operator assisted conference call. We are, after all, the primary source of such material information - there's no point in going through an intermediary if what we're after is fair disclosure and full transparency. Let the light shine in, don't buy a flashlight.
We've had enough interaction with the Chairman (and read enough of his writings) to know he understands the utility of the internet to inform investors - but until we see a formal revision or clarification to FD, we'll still be limiting what we disclose via blogs and the internet. And consuming trees with press releases. Which can't, in the long run, be all that desirable.
But we'll take it one step at a time...
I've attached the letter below (and yes, before you ask, we did fax it, and send by overnight mail).
-------------------------------------------------------------------------------
Via Fax and Federal Express
September 25, 2006
The Honorable Christopher Cox
Chairman
United States Securities and Exchange Commission
100 F Street, N.E.
Washington, D.C. 20549
Dear Chairman Cox:
You have been a leader in the drive toward bringing greater transparency and access to information for individual investors. Indeed, you recently challenged us to the capitalize on the full potential of the Internet for the benefit of the American investor: "So the question for us today is how do we put the current communications technology to the service of the American investor. How do we harness the Internet which is serving so many customers in so many other ways to deliver the maximum benefit to those in our regulated capital markets." (Chairman Cox Remarks to Interactive Data Roundtable, June, 12, 2006).
Sun Microsystems fully supports and applauds your recognition that the Internet is a "great instrument of national and international communication... [and] also a critical engine of American productivity." (Id.) We have been on the same side of the issue from a technology perspective - from the evolution of open standards for document interchange (such as the Open Document Format), identity interchange (Project Liberty) to the drive toward open source (OpenSolaris and OpenOffice). Our view is that now is the time to fully exploit the innovation that only the Internet can yield in creating the most transparent environment possible for keeping all investors promptly and equivalently informed.
As adopted, Regulation Fair Disclosure's requirement of widespread dissemination can be met through the filing of a Form 8-K or "through another method (or combination of methods) of disclosure that is reasonably designed to provide broad, non-exclusionary distribution of the information to the public." (17 C.F.R Sec. 243.101(e)(2)) To date, the SEC has not taken the position that the Regulation's "widespread dissemination" requirement can be satisfied through disclosure through the web-postings alone. While that may have been a pragmatic approach in 2000, we believe that the proliferation of the Internet supports a new policy that online communications fully satisfy Regulation FD’s broad distribution requirement.
Our corporate website (www.sun.com) currently receives on average of nearly a million hits per day. This website includes a blog that I write as CEO of Sun Microsystems (www.blogs.sun.com/jonathan), as well as the blogs of over 4,000 of our other employees. My blog is syndicated across the Internet by use of RSS technology; thus, its content is "pushed" to subscribers. This website is a tremendous vehicle for the broad delivery of timely and robust information about our company. It is our view that proprietary news outlets are insufficiently accessible to the broad majority of Internet users and individual shareholders. It is certainly the case that the Internet represents a broader user base than those able to afford subscriptions to traditional forms of media and thus usage of this or any other freely available company blog or web site should be considered sufficient in satisfying the objectives of Regulation Fair Disclosure.
In 2001, upon the one year anniversary of the effective date of Regulation FD, Commissioner Unger requested a study designed to assess the implementation of the regulation. (“Special Study, Regulation Fair Disclosure Revisited,” U.S. Securities and Exchange Commission, December 2001, modified November 29, 2003.) Even then, the roundtable group recommended that “the Commission should embrace technology to expand opportunities for issuers to disseminate information online. The Commission should make clear that options such as adequately noticed website postings, fully accessible webcasts and electronic mail alerts would satisfy Regulation FD.” (Id.) The evolution of the Internet makes these recommendations even more compelling today.
We truly believe in the utility of the Internet - as a means of driving transparency throughout all governmental and corporate processes, as well as greater accessibility of health care, education and social services. Indeed, it is a principle on which Sun Microsystems was founded. We encourage you to look to the Internet to achieve the Commission's objectives of greater investor access to information and would welcome the opportunity to further discuss with you our views in this area.
Sincerely,
Jonathan Schwartz
Chief Executive Officer
Sun Microystems, Inc.
cc. Michael Dillon, General Counsel, Sun Microsystems, Inc
Posted by Thyaga on October 02, 2006 at 03:33 PM PDT #
Posted by Glynn Foster on October 02, 2006 at 03:49 PM PDT #
Posted by Vishal on October 02, 2006 at 05:40 PM PDT #
Posted by Gary McGoffin on October 02, 2006 at 06:16 PM PDT #
Errr... it's pulled by subscribers. Subscribers(their feed readers) fetch RSS feeds.
Posted by Carlos Andrade on October 02, 2006 at 07:54 PM PDT #
Posted by Zaiyong Tang on October 02, 2006 at 08:08 PM PDT #
Posted by François on October 03, 2006 at 12:36 AM PDT #
Posted by Justin on October 03, 2006 at 01:40 AM PDT #
Posted by Vijay on October 03, 2006 at 02:54 AM PDT #
Posted by Pierre GAUTHIER, CEO and President on October 03, 2006 at 05:00 AM PDT #
Posted by John Turner, CoreFiling on October 03, 2006 at 09:23 AM PDT #
Posted by Ralph Grabowski on October 03, 2006 at 09:56 AM PDT #
Posted by Russ Petruzzelli on October 03, 2006 at 03:50 PM PDT #
Posted by kempton on October 03, 2006 at 04:02 PM PDT #
Posted by Chris Heuer on October 03, 2006 at 04:08 PM PDT #
Posted by Len Bullard on October 03, 2006 at 07:50 PM PDT #
Keep up the good work.
Posted by Mayuresh Kathe on October 04, 2006 at 07:31 AM PDT #
Posted by Eric Lowe on October 04, 2006 at 09:06 AM PDT #
Posted by /PD on October 04, 2006 at 12:20 PM PDT #
Posted by Sass Peress on October 04, 2006 at 06:39 PM PDT #
Posted by Tim O'Reilly on October 05, 2006 at 12:23 AM PDT #
Posted by Barry Welford on October 05, 2006 at 02:43 AM PDT #
Posted by Dominic Jones on October 05, 2006 at 02:58 AM PDT #
Posted by Len Bullard on October 05, 2006 at 03:31 AM PDT #
Posted by Todd Van Hoosear on October 05, 2006 at 07:02 AM PDT #
This is great. As a fellow blogger, and a long-time investor relations professional, I concur with you and think this is absolutely the direction we should be going in.
As early as 2002, the SEC hosted a roundtable to discuss the disclosure process. One of the ideas to modernize the process that was floated was the idea of "real time disclosure." See the transcript here: http://www.sec.gov/spotlight/roundtables/accountround030602.htm
Lou Thompson, the former CEO and President of the National Investor Relations Institute (who recently retired), talked up real time disclosure for the past year. In his farewell address to the Philadelphia NIRI chapter last May, he said that he expected the quarterly earnings process to be replaced by a methodology for real time disclosure - and soon.
What could be more real time than having the CEO post material news on his blog? And then having that post forwarded to every interested investor, via RSS, immediately!?
Kudos, and please keep us "posted" of any SEC response to your letter. Best of luck, and let me know if I can help in any way,
Joe Crivelli
www.publiccompanyhell.com
Posted by Joe Crivelli on October 05, 2006 at 10:14 AM PDT #
Posted by Ed Dodds on October 05, 2006 at 01:45 PM PDT #
Posted by mike simonsen on October 05, 2006 at 07:27 PM PDT #
Posted by David Staub on October 05, 2006 at 09:35 PM PDT #
*********
Nov 9 week, this proposal was rebutted by SEC Chairman Christopher Cox, although in his reply, Mr Cox leaves the door open for further discussion.
Something similar was proposed back in 1999 by Commissioner Unger. It was subsequently dropped as being unworkable. Again in 2002, the European Commission in a consultation on what was to become the Transparency Obligations Directive, proposed it again. It was once again shown to be unworkable, and replaced with the tried and tested option of properly distributed press releases serving the financial services community best.
Here are 10 reasons why this will instill a backlash . . .
1. Push versus pull. A posting on a website requires investors to proactively set up to receive the information. This has consequences such as the institutional market (with greater resources to do this) being better informed than retail, creating selective disclosure.
2. Formatting. No matter what format is loaded on to the website, it will inconvenience some part of the media and delivery chain, reducing the visibility of news in the multitudes of media. The equity terminals are notoriously inflexible in catching news from multiple, random sources. Reuters et al are highly unlikely to redesign their entire editorial processes to accommodate this notion.
3. Validation/ editorial checking. There is well-substantiated evidence that show the number of occasions on which a release - fully approved by the company - has mistakes. 3rd party eyes and ears can help ensure that incorrect information does not reach the markets.
4. Security of posting. Is the person posting the release on the issuer's website entitled to do so? Would every company have to create restricted zones for IR, corporate secretary etc?
5. Role of financial PR companies. Financial PR companies post large numbers of results releases to the newswires. Would every company expect to give the PR companies access to the (secure) area of their website?
6. Down time. No single source can be relied upon 100% - the newswires have (had to) invest in redundancy of systems, ensuring permanent access. Not every company will have the resources to do this, and smaller caps are especially vulnerable.
7. Access to the 'editorial process'. Journalists work in many different ways, some on email, some using newswires, some on fax etc, with a constantly moving population. It is unreasonable to expect all companies to keep up to date with journalist changes, or to develop multiple mechanisms to deliver to these different audiences. And expecting investors and journalists to re-register is frankly unrealistic.
8. New media types are constantly emerging - it is in the commercial interests of the newswire to constantly patrol for these media, and harness them. Would all quoted companies be as diligent?
9. Simultaneity. The principles of good disclosure - never mind the law of the land - requires news to be accessible to all investors at the same time. This would be impossible for companies to achieve.
10. These challenges will inevitably hurt smaller companies most, a) by increasing cost to enhance their websites to the necessary degree, and b) investors will access large companies first; an investment story from a smaller company will win less prominence, ultimately strangling some prematurely, due to less access to capital.