Amazon says it is advertising when it compensates New York-based websites for posting links that refer customers to Amazon.com. New York says it’s soliciting business. The distinction means all the difference in the world for sales taxes, for Amazon, and possibly even print media, television and radio.

Amazon.com sued New York State earlier this month, challenging a newly enacted law that has serious implications for online advertisements. In April, the New York legislature passed a law designed to increase sales tax revenue from Internet sales. The law is known as the “Amazon tax” because of the way it broadens the sales tax law to apply to Amazon’s Associates Program, thereby achieving the necessary legal nexus for New York to force Amazon (and other Internet retailers) to collect and remit taxes on all sales to N.Y. residents.

A little bit of history helps put this law into context. The Supreme Court has held that a state can only impose sales or use tax-collection obligations on an out-of-state retailer if the retailer has a “substantial nexus” with the state (the Quill decision). Nexus occurs from a sufficient physical presence, which can be an office or warehouse, but physical presence can also derive from soliciting a state’s consumers via sales representatives located in the state. However, it can’t be just any sales rep, according to another Supreme Court case—in-state representatives must be “significantly associated with the taxpayer’s ability to establish and maintain a market in the state,” according to Tyler Pipe v. Wash. Dept. of Rev.

Amazon doesn’t have an office, warehouse or other physical presence in New York, but it has thousands of New York-based members of its Advertising Associates program. Per the Quill decision, advertising alone is insufficient to establish a substantial nexus. So New York has changed the definition of what it means to be a sales representative to capture these in-state associates that Amazon says merely hosts its ads. Under the new law, New York has changed the presumption of what it means to be “soliciting business” in the state. (more…)

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MALVERN, Pa.—Robert Marsh, 83, founder of American Telecast Corporation, died of congestive heart failure, May 4th, surrounded by his family at his Pennsylvania home.

During World War II, he served in the Army Signal Corps in the Pacific Theater where he participated in several landings. He was awarded the Bronze Star. Marsh’s early career consisted of numerous entrepreneurial ventures. In 1975, he founded American Telecast, an industry leader in direct response marketing. The industry pioneer wanted everyone to succeed in business. He intuitively understood that if you help enough people to get what they want, you eventually get what you want.

Marsh is survived by Marjorie Damron Marsh, his wife of 61 years; two sons, John and David; and daughters, Karen Heft and Laurie Shipley; 11 grandchildren and nine great grandchildren. In lieu of flowers, contributions can be made to Operation Smile at 1-888-OPSMILE or 6435 Tidewater Drive, Norfolk, VA 23509.

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Well, it’s getting to my favorite time of year! No, I’m not talking about the NHL and NBA playoffs, although they’re a bonus. I’m talking about an annual tradition where the cherry blossoms accent our nation’s capital and ERA members congregate to discuss with lawmakers important issues that affect the very vitality of our industry.

I was lucky enough to be embraced by the direct response community about 15 years ago. And, in that time, I’ve seen a lot of changes that have been mandated down to us by the very people we put into office to govern us. Most legislation I’ve applauded because it makes us stronger as an industry and solidifies our future. Some I’ve scratched my head at and wondered why they came to the conclusions they did. In the end, I determined that you and I are ultimately to blame for their poor decisions. WHAT?! YOU? ME?? How can one person or an individual be saddled with this blame? But, in reality, standing idly by and not participating in the legislative process is why.

ERA realized this fact three years ago and put together the Government Affairs Fly-In. It is an easy way to make our voices heard. I was fortunate enough to be a part of the first session. I was absolutely giddy to be a part of something so important. Upon arriving for the day’s events, we were broken up into teams and assigned a lobbyist that would serve as our guide through the halls and administrative offices of Capitol Hill. Each lobbyist caught us up to speed on the pending legislation. That year, it was net neutrality and online taxes, and how we could present our side of the issue in a uniformed and concise manner. We were also given a list of our congressional and senate members we had prearranged meetings with. Participation, so far, in the legislative process was as easy as getting on the waiting bus outside the hotel that took us to Capitol Hill.

Once on the Hill, our teams split up and headed for our perspective meetings. Standing on the front steps of the Capitol, I couldn’t help but feel dwarfed by the immenseness of what I was about to do. On the bright, sunny day, I reached the top of the stairs and took one last look down the Mall with its monuments and reflecting pools and knew this was going to be a special day. Entering the building I couldn’t help but feel that this is what our country is about. Hundreds of people swirled around me as they swept their way to their destinations at all levels of the rotunda. What struck me the most was how relatively quiet it was. I could hear every step I made on the marble floors echo through the labyrinth of hallways. It served as a comforting melodic beat as I moved to my meetings.

My first meeting was with a well-tenured congressman from Arizona. He and his staff were warm with their welcomes when we arrived. When we sat down, they listened respectfully as each one of us presented our part of the solution to pending legislation. It was an easy-going give and take of dialogue as the topics of our industry rolled on. Before I knew it, an hour had passed and our points were presented satisfactorily. Each meeting afterwards progressed in the same manner, with each party treating the other with respect and quite a bit of admiration for the task at hand. It was, to me, the democratic process at its best and as it was designed to be.

Getting on the bus to head back to the hotel, I took a last look back at the lit Capitol, shining outward into the night sky, and reflected. I realized then that we all made a difference that day because we came to voice our opinion on subjects that were important to this industry and to our livelihoods. I can remember a time when I thought I was a part of the legislative process by merely voting for my representatives. But, I now realize that checking a box (or hanging chad) is not the end of individual responsibility in the legislative process—it is only the beginning. The next step is as easy as joining hundreds of your fellow colleagues and me, on May 20th, on Capitol Hill for ERA’s GA Fly-In. I’m hoping to hear more than my own footsteps echoing through the halls, but rather the thunderous roar of all of us marching to ensure we influence those who influence us. After all, we’re all in this together!

Scott Swanson is vice president of sales for Motivational Fulfillment and Logistics Services

Have you been the GA Fly-In before? What was your experience like?

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Every morning I listen to the radio while I’m getting ready for work. Today was kind of interesting in that there were several sound bites from the president and would be presidents about various ideas to solve the “energy crisis.” While I have chosen a specific candidate for whom I am rooting, I have to say that my candidate’s response did not impress me. In fact, none of the proposed suggestions impressed me. Each seemed to be a half assed suggestion designed to get votes that would end up costing us more money in the long run and would not present a real solution to the problem.

After the politicians got done railing about things government could do to solve the problems, there was another story that caught my attention. It seems the Rockefeller family is demanding that Exxon Mobil invest more money into research on alternate fuels sources. You see, the Rockefeller family has a $4 billion stake in Exxon Mobil and they have this crazy idea that maybe the company should do a little work to develop potential revenue streams in case the public has actually gotten the notion that dependence on a finite resource for all of their energy needs is sort of a bad idea, or in case that finite resource reaches the ultimate fruition of its finiteness. While this is obviously an instance of the Rockefellers wanting to remain rich (and who can blame them?), it is refreshing to see someone stepping up and saying “Hey, you know what, we have a few billion dollars in record breaking profits this year, let’s get ahead of the curve, stop waiting for government subsidies to support this research and let’s just knuckle down and build something.” In other words: getting America back to the business of doing business, instead of hiding in a corner bitching about foreign competition, waiting for someone to hand them a subsidy, a tax break, and a tariff to cover their ass…

By now you are sitting there thinking, “What the hell does this have to do with electronic retailing?” Well, hearing about the Rockefellers take action made me wonder: Although I don’t have $4 billion invested in a single chunk with a company I can influence, let alone $4 billion, I started wondering if there was stuff I could be doing that would make a little dent in the fuel situation. The consensus seems to be that fuel prices are being driven higher by demand. So, the solution would be to stop buying gas. Well that’s all well and good, but I already use public transportation to get to work (a luxury we have in DC), so the only reason I ever really use my car is to go shopping.

That was when it occurred to me that shopping online or over the phone is the equivalent of carpooling to buy stuff. Here’s the scenario: on my street there is never a parking space… (more…)

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During my senior year of college, I was part of an intensive journalism program where I had to show up Monday-Friday from 9-5 to further develop my skills before entering the scary real world. It was almost like a forced internship, if you will. My concentration within the school of journalism was print, rather than broadcast, multimedia, advertising or public relations.

It was a rather sunny day in South Carolina, as I raced across campus for the first day of my new program. Hung-over, disheveled, and now awkwardly sweaty, I made it through the classroom door with just a few seconds to spare.

“I don’t know why you’re even here,” professor Fisher said to the class. “You’ve spent four years learning about a dying industry.” Wow. Not what you want to hear while calculating your looming student loans in your head. I thought I was just going to receive the syllabus and call it a day! He went on to explain dwindling advertising revenues and circulation rates for newspapers as the reason for his dark humor.

Things have changed even more dramatically since that spring day a few years ago. Newspapers have continued to fade, and TV has begun to fade as well, as the Internet continues to gain steam as our society’s main platform for entertainment and news. The ad spend budget for the Internet is now poised to surpass TV in the UK. As with popular music trends, it’s only a matter of time before that’s the scenario in the U.S., as well.

That same South Carolina professor once read a quote from Molly Ivans that I still have trouble shaking. “I don’t so much mind newspapers dying—it’s watching them commit suicide that pisses me off.” As a magazine focused on educating multichannel marketers, we urge those in traditional media spaces not to be the next medium to meet their demise. With the research, webinars, seminars and conferences that ERA and Electronic Retailer put on throughout the year, you can be sure to remain relevant and viable in this ever-changing media landscape.

If you think a world without newspapers seems likely down the road, check out this hilarious clip from South Park that highlights a world without Internet, and what effect it has on our behavior and media consumption.

Pat Cauley is Electronic Retailer Magazine’s eMedia Editor

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In preparation for our upcoming May “Green Issue,” we have just one question for you: What has your company done to go green? From retailers to suppliers, if there is an element of your business that’s done something positive for the environment, we want to hear about it! Simply click the comment link below or e-mail Vi Paynich, editor-in-chief, at vpaynich@retailing.org. We may include your story in the issue.

Vi Paynich is Electronic Retailer’s editor-in-chief

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I recently heard a statistic that 76 percent of consumers don’t trust advertising. Ouch, that’s gotta hurt. This means that your industry’s credibility is only slightly more viable than Hillary’s sinking odds at snagging the Democratic nomination.

Just when you think the direct response industry, or the advertising industry at large, have finally gained some street cred, we get sacked with more FTC complaints against Kevin Trudeau or revelations that Lipitor ads featuring Dr. Robert Jarvik are misleading.

There’s a reason why “Saturday Night Live” has consistently come up with relevant material to ridicule the ad industry…we practically spoon-feed it to them.

All jokes aside, enough is enough! Join ERA and Electronic Retailer at our upcoming events, where you have the power to learn about and change the course of your industry.

April 30, NYC – ERA Legal Series: Practical Knowledge for the New Technology Landscape

The seminar will shed light on the most recent FTC developments and offer practical insights and in-depth legal solutions in the area of emerging technologies, notably behavioral advertising.

April 31, NYC – Electronic Retailer LiveEdit Lab

Discover the fate of paid programming at our Executive Media Summit, followed by a day of relevant sessions geared to keep your business ahead of the game and afloat in times of economic uncertainty.

May 20, Washington, D.C. – ERA Government Affairs Fly-In

Finally, if you truly want to be involved and have your voice heard on behalf of the industry, join with your colleagues as we teach you the legislative issues facing your business. You’ll then be paired into groups with a seasoned lobbyist to meet with your elected representatives in Congress on Capitol Hill to voice your concerns.

It’s your industry; perhaps it’s time to take some ownership.

Pat Cauley, eMedia Editor, Electronic Retailer Magazine

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Here’s a few photo highlights from parties held during ERA’s recent eRetailer Summit in Miami. Check back often, your mug shot may be up next!

Click here for more information about upcoming events!

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