A senator from South Carolina has proposed that search engines returning links based on advertising partners rather than content relevance, (pay-to-play deals) have severe penalties applied to them such as sanctions and jail time for the company executives.
The proposed amendment to the communications act targets search sites which “prioritize or give preferential or discriminatory treatment in the methodology used to determine Internet-search results based on an advertising or other commercial agreement with a third party”.
With violators facing fines of up to $5mil and company executives liable for a custodial sentence, who could object to such a proposal? Certainly not Google and Yahoo!. Having recently gone to Washington DC to argue against network discrimination, they can’t really be seen fighting for the right to discriminate on a selective basis.
However the worlds three most popular search engines, Google, Yahoo! and Microsoft’s MSN are principally advertising resellers. In effect the more pages bearing their advertisements they return, the more likely they are to prosper. It’s a commercial conflict of interest that none of them have yet to address, let alone resolve.
So the concern for web surfers today isn’t so much that corporate giants will pay their way into the top SERP spots, but that thousands of low value pages are returned which shouldn’t really be there at all.

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