Kara Swisher

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Godspeed on That Investing Thing, Yertle–But I Still Have Some Questions for Your Boss, Arianna

Would it surprise you to know that BoomTown doesn’t really care anymore if TechCrunch editor Michael Arrington sidelines as a blogger while he makes investments in tech companies his tech news site covers?

In a post yesterday, titled “An Update to My Investment Policy,” Arrington made his seemingly cogent arguments that plenty of disclosure made it all “fine,” took one of his typical look-at-me swipes at anyone who dared to question this logic (apparently, we’re crappy “direct” competitors, so we haters have no standing to comment!) and presumably went on his merry investing way.

While I was first irked–because it was an appalling show to many of us cranky standards-insisting whiners–I soon realized Arrington had made a good argument about who he is and, frankly, who he has always been.

In other words, it’s a kind of there-he-goes-again thing, vaguely icky but hardly surprising and completely genuine.

Meanwhile, his new boss, AOL content head Arianna Huffington, pointed me to his post in an email.

When I asked her for an on-the-record comment, as usual, she politely and quickly complied, writing in support of Arrington:

“TechCrunch is committed to transparency. Michael has written about the guidelines he follows–that he rarely writes about companies in which he is an investor, and that, when he does, he clearly discloses this information. The same rules apply when TechCrunch’s writers cover these companies.”

Hold the phone.

Because while I kind of understand where Arrington is coming from, what I don’t understand is how this kind of convenient and on-the-fly rule-making can govern a much larger company whose strongly and repeatedly stated goal by Huffington herself is to create quality journalism.

Since I believed Huffington–whom I like very much as an Internet figure and as a friend–I was confused at what the rules for the whole of AOL content were now.

That’s why I sent her a long new list of questions to answer, which are:

1) What are, if any, the ethical guidelines about making investments for the editorial staff at HuffPo media group properties?

2) Since Arrington now seems to have permission to do so from you, can other editors at AOL properties do the same–that is, make very adjacent investments to what their site covers, as long as they disclose it? For example, can an editor who runs the entertainment site make investments in entertainment companies she/he has coverage responsibility over? (By the way, did you give him permission to make these investments? Did he ask?)

3) Is there anyone who polices what is fair coverage of competitors–i.e. companies competing with companies your editors invest in?

4) If an editor makes investments in a company and someone who works for them writes about that company, does that editor have to recuse himself from the story? Is that even possible?

5) Since you just fired someone for what you called an ethical breach–asking freelancers to work for free and also seemingly defending an attempt to curry favor with an advertiser/client–why is this not an ethical breach?

I had a lot more questions, still unanswered by Huffington, but you can see where this is going.

Simply put, does AOL, which is touting itself as a 21st-century media company, need to have 21st-century rules of the road? Or perhaps not so much?

UPDATE: Now, it is a real clown circus at AOL, with the company declaring that editorial personnel cannot make investments, except Arrington!

“As a rule, in order to avoid conflicts of interests, AOL Huffington Post Media Group editors, writers, and reporters may not have a financial interest in a company or industry that they regularly cover,” AOL said in a statement to Business Insider today, even though I nicely asked for a comment on the issue yesterday. “Arrington operates from a unique position.”

And how! Where do I get such a faboo ethical hall pass from Content Principal Huffington?

I suppose I should go all slouching-towards-Bethlehem here, and wring my hands over this unusual ruling, but what’s the use?

As you might have read: “The best lack all conviction, while the worst are full of passionate intensity.”

How did this all start, especially since I feel like this ridiculous tempest in a Silicon Valley teapot over Arrington’s investment-making might actually be my fault a little bit?

Here’s why:

On Tuesday night around 10 pm (just when I start getting revved up), I wrote a testy email to Arrington’s bosses at AOL–Huffington and CEO Tim Armstrong–as well as the Internet portal’s sharp PR head, asking for a response about what seemed to me to be a glaring conflict of interest at TechCrunch related to new investment activity by Arrington and the site’s coverage of those particular companies he had invested in.

It was all disclosed, of course, but it still felt, as I said, icky.

And, given the recent and loudly stated goal of promoting quality journalism by Huffington–including the recent dismissal of AOL’s Moviefone site editor over what the company considered ethical lapses–it seemed pertinent to ask.

Mostly because I don’t think they actually knew much–if at all–about Arrington’s increasing investing action. Armstrong said as much in an email to me, and Huffington assured me they were going to check it out tout de suite.

But rather than the answer I was waiting on, up popped Arrington’s missive yesterday, which I assume came after his bosses asked for some info on this.

In it, he explained his controversial decision to go back into investing again, in what is clearly a more significant manner.

It was a practice he had abandoned years earlier, apparently after being pecked by detractors for it.

But, dear readers, no more! Let Arrington be Arrington!

And that seems to be a talented blogger with a flare for the dramatic, with a clearly sharply-honed news nose and sassy writing skills, but a scribe who much prefers to be a playah than just an observer and chronicler of that play.

And, after more reflection, I thought: Well, maybe it is a better idea for Arrington to go play with all the boys in Silicon Valley, which would probably be more fun than taking flack for lack of traditional journalistic ethics he never ascribed to in the first place.

I once jokingly nicknamed Arrington Yertle the Turtle after the Dr. Seuss book on one dubious king of one small pond in Sala-Ma-Sond, after he went particularly nuts on the topic of news-embargo breaking.

That diatribe on how he saw news rules–which is to say, there aren’t any that bind him–was vintage Arrington, too. And, after reading his latest post, I suddenly realized that it’s pointless to give a turtle a hard time for not being a fish.

But Huffington is another story. She has put herself in word and deed right into the center of the debate on where news is going on the Web, especially after AOL paid $315 million for her Huffington Post news and opinion site.

Huffington has certainly taken a lot of hits over the years as the HuffPo has grown, some deserved, but she has clearly led an impressive effort.

In fact, I think the cute-kitten and celebrity-loving angle played up by her detractors to dismiss her is silliness, because she and the Huffington Post are clearly more than that and are obviously having a major impact on the future direction of content in the digital age.

But that power she has sought also gives her a responsibility to say exactly what that means on a real and granular and consistent level, beyond the platitudes of wanting to make great journalism that she declares all the time now.

In other words, very specifically: What does Arianna Huffington stand for in regards to journalism? What are her rules and standards and codes? And, perhaps more importantly, what does she not stand up for?

These are questions I hope Huffington–who is really good at smacking back at criticism, too (See: the New York Times’ Bill Keller)–will address in one of her patented blog-xplosions and many times over, too.

Until then, here’s a link to my very long and very detailed ethics disclosure on All Things Digital, which is exactly how our little site thinks it should be in the digital age.

In short, besides signing the Dow Jones Code of Conduct–standard at The Wall Street Journal and other DJ publications–all our editorial staff is required to also pen their own in-plain-English personal and detailed account of disclosures that are pertinent to their job.

(You can read an extensive interview with me on the subject, in fact, which was posted here by Two Bananas Marketing, this week.)

My ATD disclosure is probably the most detailed of all of them, since I gay-married Megan Smith a dozen years ago. She later became a VP at Google, which I cover from time to time, especially related to other companies I focus on more, such as Yahoo.

Most of the time, if you care to read my posts on Google, I am probably tougher and snarkier than not, mostly because I know the search giant from its earliest days.

And, even though I once wrote extensively for the Journal about Google since its founding and before Megan arrived there, I thought it wise to lay it all out in detailed detail.

(By the way, if you want to try to tweak me by asking what News Corp.-owned Fox News’ ethics rules are, I don’t know, as ATD belongs to Dow Jones, which has had them forever. I will say, though, that Roger Ailes often freaks me out.)

In any case, as Arrington preaches, the more disclosure the better, and perhaps I should say even more so here, given the current swirl, by noting explicitly that I garner exactly no financial benefits from my relationship with Megan.

That might seem odd, because she certainly earns more. But I don’t know how much nor do I ask, since we have separate bank accounts and she always pays up–well, almost always–when half the bills are due. While it sounds painfully un-romantic, we only spend overall what each of us can afford equally in an exact 50-50 split.

In addition, I also legally signed away all rights to inheritance–although I had no such marriage rights in the first place, being gay–of Megan’s assets, which are in a trust for her relatives and our sons (for when they are too old to have any fun).

More to the point, I believe this makes me the only person to marry an exec at a hot Silicon Valley company with no prospect of any gold-digging.

Thus, I clearly would make the worst investor ever–not that I ever invest in tech or plan to while I am a reporter covering the sector.

Thank god, I suppose, that Michael Arrington is there to take up the slack.


comments so far. Add yours.

  • http://www.letterfromhollywood.com will marks

    Bravo! Great post Kara. Arrington has, is, and will continue to fall short of any ethical line if there is controversy to be found or a penny to be made.

  • Anonymous

    Oh wow, OK that makes a little more sense I think.

    http://www.web-privacy.eu.tc

  • http://twitter.com/furrier John Furrier

    That was vintage Swisher !

  • http://www.twitter.com/stevenkane Steven Kane

    Thank you for this. Much needed.

    One quibb;e: Next time, please, no need to be so apologetic, eg continually praising the people you are questioning, in this case, ms huffington and mr arrington.

  • Anonymous

    I never read Arrington. Doesn’t seem like I’m missing much.

  • http://twitter.com/BenVear Ben Vear

    Good post. Not sure that there’s a problem w/ Arrington; as long as he continues to be clear and truthful. Clearly, this approach doesnt work for everyone (very very few people). What I took away from Kara was that Arrington is Arrington; just as (most of us) we generally know Trump is all bluster/self promotion, we generally know Arrington,.

    However, we do NOT know most of Huffpost/AOL holdings, and just as ATD is associated w/ WSJ, journalists expect a certain ‘distance’ from what they cover. This strays a bit off topic, but this neutrality can be overboard; why should Trump get his ‘birther’ news when it was seemingly proven wrong? Or why do Edwards’ girls get swept under the rug, or Dodd’s finances as he calls out banks, rather than investigated?

    Personally, I’d rather journalists be more like Arrington. Here’s what so and so said, here’s my biases, here’s how I feel about it, and here are the source links. We dont need anyone to tell us what or how to think or disseminate as much anymore, with the ease at which we can investigate ourselves. Perhaps this is a young and naive approach, but that’s my $.02

  • Anonymous

    Adiranna Huffington is a knee jerk Liberal whose always insists on strict ethical, moral, & economic rules—-EXCEPT when they are applied to her.

    As for Arrington, I find it hilarious that a Lawyer, former or present, would presume to lecture ANYONE on ethics in investing/blogging under ANY circumstances.

    Talk about feet of clay!

    Ayuh

  • http://www.ratdiary.com spragued

    Posts like this make the endless wading through Techmeme PR-driven muck worthwhile. Excellently written. But, sadly, I think you are on the wrong side of history. The Philistines aren’t just at the gate, they’re guarding the gate.

    The question, “What does Arianna Huffington stand for in regards to journalism?” is either poignantly sincere or the best fall-on-the-floor satire I’ve read in a while.

  • http://allthingsd.com/boomtown Kara Swisher

    But I like her. Really.

  • http://allthingsd.com/boomtown Kara Swisher

    He is not a journalist–we’ll have to disagree on that. He’s just some new creature of new media.

  • http://allthingsd.com/boomtown Kara Swisher

    We’re doing okay! Really. We believe we can prevail with quality and ethics. I am sincere! Poignant or not!

  • http://www.twitter.com/rurikbradbury Rurik Bradbury

    Great post — thoughtful and refreshing.

    Re: Mike Arrington, he clearly wants to be fired from AOL, so he is pushing the envelope over and over again, until Armstrong or Huffington simply cannot turn a blind eye any longer.

  • http://twitter.com/BenVear Ben Vear

    Very good key point I lost in the shuffle. I’d still like to see biases stated up front, like what you do when covering goog. I wonder if he thinks of himself as a journalists, especially when uncovering his big ‘gets’/leaks.

  • http://pulse.yahoo.com/_U2H7S4MG6PLQUVOA2CFNMZ2QUQ Ric Desan

    I like the perspective you provide here Kara and when we are talking MA its never straight forward or even logical, let alone ethical. His position in the mix is never conventional and I would be shocked if it ever became so, however, Huffington is another animal altogether.

    I personally think her clout and relevance has peaked but she could very well direct influence in the space and that makes me nervous for the direction of the in between content creators.

  • http://www.twitter.com/rurikbradbury Rurik Bradbury

    Indeed. It’s like asking “And where do you invading barbarians stand on human rights?”

  • http://rwwmike.posterous.com Mike Melanson

    Whenever I dare write something positive about a big company, a commenter inevitably writes “So, how much did X pay you for this post?” and I laugh, because it’s absurd.

    Looks like Arrington probably laughs too, but because he’s getting richer off of pimping his own investments. :)

  • http://www.twitter.com/stevenkane Steven Kane

    with good reason, i’m sure. but i think distracted from your very worthy and brave core message

    but what do i know? as mark twain said, “there is no greater urge than to edit someone’s elses copy.”

    ;)

  • http://twitter.com/sharescribe Sharescribe

    We’re giving Techcrunch too much credit. There was a time when getting your startup featured on Techcrunch and having Arrington give you a positive review was worth something. Today, not so much. His kingpin status and influence on startups are slowly dying.

  • http://twitter.com/everydaypanos Everydaypanos

    TC is really NOT journalism.
    There is a huge difference between a startup site and a tech blog. You know what is a tech blog. But a Startup Covering site is somehow different. It is a place where tech leaders go to scout, young entrepreneurs pray to get a post, and generally something that is much more.

    Can such a place have a BOSS w/ shares in many of the startups he covers? I think absolutely no. There is a clear breach of ‘fairness’, if we suppose we want that, with that practice.

    To the point: Will TC ever cover a clone of @milk or loic’s software? I think NOT. And because most writers there suck up to the BOSS they will ignore it too. Shame.

  • http://twitter.com/BongBong BongBong

    They should probably both fire him and get their money back from the TechCrunch deal. He’s poison.

  • http://blogs.zdnet.com/projectfailures mkrigsman

    Brilliant!

  • http://twitter.com/krisrak Rakshith

    Arrington is trying to get out of AOL by creating this conflict of interest, i’m guessing the AOL acquisition deal did not have any terms about investing in startups, so guess he is trying to highlight his investments so that he can get himself forced out of AOL. He is a clever man.

  • http://www.twitter.com/rurikbradbury Rurik Bradbury

    Oh I’m afraid there’s a strict ‘no refunds’ policy.

  • http://www.thenetworkgarden.com hypermark

    Great piece, Kara. Ironically, last night we were discussing the book ‘The Death and Life of American Journalism,’ and one of the questions that came up was what happens when all that is left is blogger-driven media?

    I suspect what you end up with is, as you say, all sorts of new media-driven creatures, each with differing agendas, ethics and levels of transparency, and the consumer left to figure out who (behind the facade) is a prince and who is a thief.

    Sadly, it’s harder than ever to define what constitutes a journalist.

    Keep up the XLNT work.

  • http://twitter.com/beezling Alex Brant-Zawadzki

    Is it eerie to anyone else that the name ‘Arrington’ is a combination of Ariana and Huffington?

    Arfington. Ariangton. Aruffington?

  • http://twitter.com/erinkoro erinkoro

    Helloooo…people with money and power MAKE the rules. They don’t FOLLOW them.

  • http://www.christinawarren.com Christina Warren

    I hope Megan won’t be offended for me exclaiming: Kara Swisher, I love you!

  • http://ilamont.blogspot.com ilamont

    Great post. Probably one of your best moments, alongside the Gates/Jobs talk and a few of your Yahoo exclusives.

    But in terms of conflicts of interest, I always thought that blasting away at Yahoo while being married to a Googler crossed the line. Maybe not as “icky” as Arrington, but uncomfortable nonetheless.

  • http://www.facebook.com/davhad David Haddad

    Kara, I think you’re overdoing it.

    Regarding your point about special treatment of employees: Michael is an entrepreneur. He sold his company for $30M, and will have to spend 3 or so years at AOL to get his full earnout. He’s an internet personality, and AOL needs him. So they loosen the limitations they put on him. Sorry, but there’s a difference in how you attract out of school journalists and successful entrepreneurs. Sure they can force him not to invest and show up to work from 8 to 5 but they’d lose him in a heartbeat. It’s common for wealthy employees in Silicon Valley to invest around in addition to their regular job.

    Regarding journalistic ethics, Michael is right in saying that he’s as stringent in covering startups he’s invested in as those in which he didn’t. Just look at Seesmic. I’m surprised that Michael and Loic still talk to each other.

    I ask you this. Conferences are usually a major way in which publications like ATD and TC make a lot of their money. And you and Michael have competing tech conferences. Some people could say that this could the reason why you’re targeting him. Why was this fact not mentioned as a potential conflict of interest in this specific article.

  • http://www.facebook.com/people/Nick-Prudent/644706631 Nick Prudent

    Bravo Kara. Great post. The simple solution is for Arrington and *every* Techcrunch editor to simply list all his investments at the end of every post they write.

    They won’t do it but it’s the closest thing from being ethical hey could do.

    Makes me appreciate Leo Laporte “no investment” policy even more…

  • http://www.facebook.com/theDaveNewton Dave Newton

    Anything goes, if you disclose. Arrington didn’t invent this non-ethic. I recall bitching about CBS Sunday Morning nodding while Ben Stein air-touted investments while serving as a paid spokesman for a financial promotion org. They were shocked, shocked, bewildered, that I was offended. This is America. Business Trumps all. (Capital intended)

  • Anonymous

    As a former analyst I can tell you the question to ask is, “if they come across bad or negative information, will they truthfully and fairly and accurately report it?”, or “will they look to their own self-interest and sell out before the news is revealed, or simply not report it?”

  • http://www.louderback.com jim louderback

    Great post, great job on disclosure. Trust is essential in any media relationship with an audience, and once lost it’s very hard to get back.

  • http://www.siliconvalleywatcher.com/ Tom Foremski

    I love the way you say you can’t expect a turtle to be a fish, but then why employ a turtle to be a fish?

    Also, Arrington’s claim that personal relationships are a larger problem than financial investments is a joke. If the money is large enough it always trumps relationships, friendly or family.

    I cannot see how Arianna Huffington can allow exemptions to the AOL ethics code. If it is OK for Arrington to invest as long as he discloses, then it is OK for Techcrunch writers to do the same. An ethics code has to apply to everyone or no one.

    She has to do something because this is ridiculous and also true:

    “Come To The New AOL – Now Nearly 100% Ethical!”

  • Anonymous

    Great topic but the idea that identifying one’s own conflicts of interests and disclosing them washes your hands is pure silliness — whether it’s Michael talking about company he invests in or Kara writing about google or yahoo or facebook. At best, it’s a compromise. It’s certainly better than not mentioning it but very different than changing one’s behavior because of it.

    It’s much easier to see it about others than oneself. Did David Sokol do the right thing in personally investing in a company that he convinced Warren Buffett to buy? Did Warren Buffett do the right thing by exonerating David Sokol of any wrongdoing? Should Supreme Court justices rule on cases where they’re having closed door meetings with interested parties before the case is heard? Or is it right for David Pogue to plug Apple products in the New York Time while writing books that depend on the succcess of those Apple products?

    There’s no doubt that the means by which we get our information is changing as well as the standards that govern them. There are more sources of information than ever before and disclosure is a reasonable compromise but no antiseptic

  • http://www.siliconvalleywatcher.com/ Tom Foremski

    I agree, disclosure does not absolve you of anything. It’s some weird artifact of the tech/geek culture that says ethics breaches are OK as long as they are disclosed.

    Even under these lax rules of responsibility, Mike Arrington failed. This is important: He did not disclose until he was forced to do so by his bosses at AOL!

    How long would he have waited until disclosing if Kara hadn’t forced his hand? He’d been an investor for several months without disclosing anything.

  • Anonymous

    The issue of ethics and reputation is important today, perhaps more so because of the sheer volume of information out there on the internet. And the ways we as consumers determine who to trust, who to listen to, are critical in a socialized web. I interviewed Kara on this issue because she is in my opinion one of the pioneers in getting it all on the table. Probably more so than most, and for this reason alone she should be applauded. But equally important, she is willing to discuss, and argue her views after posting. She engages with the viewer. The other point I was trying to make, albeit poorly, is that technology alone cannot take the place of, or supplant this most basic of human emotions. The need to trust. I’ll be continuing along these lines in the near future with others in the technology sector, so stay tuned.

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While it’s tempting to see the Huffington Post’s Pulitzer as a “big win for new media,” or something like that, the real story is that these organizations — the Huffington Post, the New York Times, the Washington Post — are becoming more like each other. Old media and new media are increasingly antiquated terms.

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