A ratings service says the FTC is trying to strangle it — and the First Amendment is now part of the fight
The headline reads like a legal thriller: a company that assigns "trust scores" to news websites has sued the Federal Trade Commission, accusing the agency of weaponizing regulatory power to cut it out of the advertising ecosystem. It's NewsGuard versus the FTC, fronted by Chairman Andrew Ferguson — and the dispute raises three big questions: who gets to police the media marketplace, when does regulation become censorship, and how much power do ad buyers and agencies hold over what counts as “acceptable” news?
Why this matters (hook)
- Advertisers funnel billions of dollars through a handful of ad agencies. If those agencies can't or won't buy inventory adjacent to particular outlets, the outlets' survival and audiences are affected.
- Independent evaluators like NewsGuard say they help brands avoid reputational risk and help readers assess reliability. Critics say these ratings can be subjective or politically skewed.
- When a regulator uses merger remedies or investigations that have the effect of freezing a ratings company out of the market, the stakes shift from commercial competition to free-speech and due-process questions.
Quick takeaways
- NewsGuard filed a lawsuit in early February 2026 alleging the FTC burdened it with sweeping document demands and inserted merger conditions that effectively bar major ad agencies from using its ratings. (Filed Feb. 6, 2026.) (washingtonpost.com)
- The contested merger remedy arose in the Omnicom–Interpublic transaction; the FTC’s order reportedly prevents those ad holding companies from basing ad buys on “journalistic standards or ethics” set by third parties — language NewsGuard says was crafted to target it. (washingtonpost.com)
- NewsGuard argues the FTC’s actions violate the First and Fourth Amendments and amount to government censorship of a private service. The FTC and some conservatives argue NewsGuard has a political slant and has inflicted commercial harm on certain outlets. (washingtonpost.com)
What NewsGuard does and why advertisers use it
NewsGuard, launched in 2018 by media veterans including Steven Brill and Gordon Crovitz, uses human journalists to score sites on nine transparency and credibility criteria and publishes a “nutrition label” explaining each score. Brands and agencies have used these ratings to reduce ad placement near sites they judge risky, and browser extensions surface those trust scores to consumers. NewsGuard emphasizes transparency in its methodology and publishes the criteria it applies. (newsguardtech.com)
Why advertisers care:
- Brand safety concerns: running ads next to fraudulent, extreme, or disinformation-filled content can cause reputational damage.
- Liability and client pressure: large advertisers increasingly demand oversight tools to demonstrate they’re avoiding harmful placements.
- Centralized buying power: big holding companies and ad agencies set de facto industry norms for what’s acceptable.
The FTC’s actions that sparked the lawsuit
According to NewsGuard’s complaint and reporting by The Washington Post, two lines of FTC activity prompted the suit:
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An extensive information demand: the FTC ordered broad disclosures of NewsGuard’s client lists, ratings deliberations, communications, and financials — an investigation NewsGuard says is so sweeping it chills its business and violates privacy and press protections. (washingtonpost.com)
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A merger condition in Omnicom–Interpublic approval: the FTC’s order included language preventing the combined agency from directing ad buys based on “adherence to journalistic standards or ethics established or set by a third party.” NewsGuard argues that language functions as a ban on companies using its ratings, effectively blacklisting the service. Newsmax and other conservative outlets publicly urged the FTC to broaden the language, which NewsGuard says revealed intent. (washingtonpost.com)
NewsGuard’s legal team frames these moves as retaliation driven by political disagreement, pointing to prior public criticism of the company by now-FTC Chair Ferguson. The company has asked a federal court to block enforcement of the merger condition and the investigative demand. (mediapost.com)
The competing narratives
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NewsGuard’s story: a neutral, transparent ratings firm is being targeted for its editorial judgments. The FTC is overreaching by using merger remedies and investigations to hobble a private business whose work touches on public discourse. That, NewsGuard says, raises free-speech and due-process problems. (newsguardtech.com)
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The FTC and critics’ story: regulators and some conservative outlets argue NewsGuard exercises editorial power that has real commercial effects and that its judgments may be politically biased. From this angle, the FTC’s scrutiny is about market power and potential exclusionary conduct — not censorship per se. Public comments from outlets like Newsmax influenced how the merger language was revised, suggesting industry players saw the remedy as relevant. (washingtonpost.com)
Both sides point to market realities: when ratings influence ad placement, they affect revenue flows. The novel legal wrinkle is whether a regulator may lawfully condition a merger or investigate a small ratings firm in a way that some regard as singling out protected speech.
Broader implications
- The case could reshape how third-party content evaluators operate in advertising markets. If agencies are barred from relying on such ratings, advertisers lose one tool for brand protection; if regulators are limited, they may be less able to police potential collusion or exclusionary tactics in ad buying.
- There’s a constitutional debate at the center: does the First Amendment protect the editorial judgments of a private ratings firm from regulatory interference? Conversely, do regulators have the authority to step in when a ratings product materially affects market competition or harms specific outlets?
- The dispute exposes how intertwined advertising, editorial judgments, and platform economics have become. A private score can effectively act like a traffic light for publishers; when government action changes who can see or use that traffic light, the ripple effects are political, commercial, and civic.
My take
This lawsuit sits at the intersection of market structure and speech. NewsGuard’s methodology is transparent and human-driven — that matters in an era of opaque algorithmic moderation — but its influence on advertisers gives its judgments real economic weight. Regulators worried about arbitrary exclusion in ad markets have a legitimate role; at the same time, wielding merger conditions or sweeping investigative powers in ways that single out a small player risks the appearance (and perhaps the reality) of viewpoint-based regulation.
The healthier path would be clearer rules and neutral standards for ad buyers and ratings services: transparent criteria (which NewsGuard publishes), robust appeals and correction processes for rated outlets, and merger remedies narrowly targeted at anticompetitive conduct rather than broad language that could be read as a blacklist. These guardrails would protect both market fairness and free expression.
Final thoughts
At stake is not only one company’s business but the architecture of trust in the information ecosystem. When ratings, advertisers, and regulators collide, the outcome will shape how audiences find reliable information and how publishers — of whatever stripe — survive. Courts will now have to weigh whether the FTC crossed a constitutional line or acted within its mandate to police markets. Either way, the case underscores that in today’s media economy, the line between commerce and speech is increasingly hard to draw.
Sources
Related update: We recently published an article that expands on this topic: read the latest post.
Related update: We recently published an article that expands on this topic: read the latest post.
Related update: We recently published an article that expands on this topic: read the latest post.
Related update: We recently published an article that expands on this topic: read the latest post.
Hook: When regulators look like editors, what happens to the newsroom of the internet?
The suit filed by NewsGuard against the Federal Trade Commission feels like a story ripped from a legal drama: a small company that grades news outlets accuses the chairman of the U.S. regulator of using merger conditions and investigations to choke off its business—because he dislikes its editorial judgments. But this is real, it’s happening now, and its consequences stretch beyond a single vendor or deal. (washingtonpost.com)
Why this matters now
- NewsGuard says the FTC, led by Chairman Andrew Ferguson, demanded sweeping documents and inserted language into a $13 billion ad‑agency merger order that effectively bars the largest holding company from hiring NewsGuard-style services—blocking a big client and chilling others. (washingtonpost.com)
- The company frames the agency’s moves as censorship and a politically motivated campaign that violates its First and Fourth Amendment rights. (newsguardtech.com)
- The dispute sits at the crossroads of advertising, platform safety, journalistic standards, and government power—raising questions about when a regulator’s concern about alleged “collusion” becomes government interference in private editorial tools. (washingtonpost.com)
Quick context and timeline
- NewsGuard launched in 2018 to assign "reliability" scores to news sites and sells those ratings to readers, platforms and advertisers. Its founders include Steven Brill and L. Gordon Crovitz. (washingtonpost.com)
- In 2024–2025 tensions escalated: then‑Commissioner Andrew Ferguson publicly criticized NewsGuard for allegedly leading ad boycotts and for perceived bias, and after his appointment as FTC chair, the agency opened an investigation and later included restrictive language in its approval of Omnicom’s merger with Interpublic Group. NewsGuard says the language was crafted to single it out. (mediapost.com)
- On February 6, 2026, NewsGuard filed suit in federal district court seeking to block the FTC from enforcing its demands and the merger condition. (newsguardtech.com)
Key takeaways
- NewsGuard frames the FTC’s actions as an unconstitutional attempt to suppress a private entity’s journalistic judgments; the company is seeking a judicial declaration and injunction. (newsguardtech.com)
- The FTC says it acted to prevent “potentially unlawful collusion” in the ad industry and to curb what it sees as a campaign to deny advertising to certain outlets—an argument that turns a market‑conduct issue into a speech and editorial one. (washingtonpost.com)
- This dispute highlights a slippery slope: regulators policing ad‑safety tools could end up shaping which voices survive economically, even if the stated aim is market integrity. (mediapost.com)
The legal and normative tug‑of‑war
At stake are two competing principles that rarely sit side‑by‑side without fraying: the government’s interest in preventing anticompetitive behavior and the constitutional guardrails that stop the state from penalizing particular viewpoints.
- NewsGuard’s legal angle: the FTC’s broad subpoenas and a merger condition that bars ad agencies from using third‑party “journalistic standards” to guide buys have tangible business effects—losing Omnicom as a client and scaring off others—and amount to viewpoint discrimination. The company says this is classic First Amendment territory. (newsguardtech.com)
- The FTC’s (and supporters’) angle: ad‑safety measures can be used as a chokepoint to direct advertising away from publishers for ideological reasons; the agency argues it must act to stop coordinated industry conduct that could harm competition or distort markets. The language in the Omnicom order was, per the FTC, aimed at preventing “potentially unlawful collusion.” (washingtonpost.com)
Which side the courts favor will depend on fine factual questions—was there unlawful collusion or a legitimate competition concern, and did the agency’s actions single out one company because of disagreement over its editorial judgments? The law treats government action that burdens speech differently depending on motive and effect; NewsGuard is betting it can show both a retaliatory motive and a suppressive effect.
The industry ripple effects
- Advertisers want brand safety; ad agencies want predictable rules. Ratings firms like NewsGuard filled a real market need by telling brands where their ads might appear next to misinformation or extreme content. (washingtonpost.com)
- If regulators begin to limit which third‑party evaluators ad buyers can use, advertisers might retreat into safer—but less transparent—systems, or the market could concentrate around a few vetted vendors, reducing choice and potentially embedding new forms of bias. (mediapost.com)
- Conversely, critics argue that some ratings services have been weaponized in the past to economically punish specific outlets—so the FTC’s concern about a "censorship‑industrial complex" is not purely theoretical. That worry is part of why the agency intervened. (washingtonpost.com)
My take
This fight reveals a messy truth: tools built to improve information ecosystems can easily become tools of influence. NewsGuard may have legitimate grievances if an independent regulator reshaped merger remedies to sideline a single company, but the company’s role in nudging advertiser behavior—sometimes against outlets with partisan followings—invites scrutiny too. The healthier path for advertisers and the public is clearer standards, transparent methods, and marketplace competition among evaluators—not regulatory fiat that risks swapping one kind of filter for another.
Regulation should police anticompetitive conduct, not adjudicate editorial judgments. At the same time, transparency about how rating firms score outlets and how advertisers use those scores would reduce the politics around this work. If ratings are defensible on disclosed criteria and buyers choose them for reputational reasons, that should be allowed in a free market; if ratings are coordinated to freeze out dissenting publishers, that should be investigated under competition law—carefully and evenly.
Final thoughts
What happens next—whether courts curb the FTC or uphold its authority to set merger conditions—will matter widely. The case is about NewsGuard, but it’s also a test of how the U.S. will balance marketplace rules, the First Amendment, and the private ordering of information in an era when ad dollars can make or break media outlets. Watch the litigation for its legal reasoning, but also watch the marketplace for how advertisers and agencies react: the practical answers will show up first in contracts, not just court opinions. (washingtonpost.com)
Sources
Related update: We recently published an article that expands on this topic: read the latest post.
Related update: We recently published an article that expands on this topic: read the latest post.
A GOP-only crypto draft lands on the Hill — and the bipartisan dream frays
The Senate’s crypto drama just entered a new act. One week after bipartisan talks produced hope for a market-structure bill that would give clearer oversight to digital assets, Senate Agriculture Chair John Boozman’s office circulated a GOP-only draft ahead of a committee markup. The move has industry lobbyists, Democratic negotiators and investors watching closely — because it changes the political math for how (and whether) the U.S. writes rules for crypto markets.
Why this matters now
- The Senate Agriculture, Nutrition, and Forestry Committee has been the focal point for sweeping crypto market-structure legislation that would, among other things, clarify which regulator oversees which digital assets and set rules for exchanges, custodians and decentralized finance.
- Lawmakers spent months negotiating a bipartisan discussion draft. That draft left several hot-button areas bracketed, signaling ongoing compromise. But tensions over core policy choices — jurisdictional lines between the Commodity Futures Trading Commission and the SEC, treatment of decentralized finance, and ethics provisions around lawmakers and stablecoins — kept a final agreement out of reach.
- Facing those unresolved issues, Committee Chair Boozman (R-Ark.) released a Republican-only draft to be considered in an upcoming markup. Boozman’s camp framed the move as necessary to keep the process moving; Democrats portrayed it as a retreat from bipartisan compromise.
Early reactions and the politics beneath the headlines
- A Senate Agriculture spokesperson told reporters there are “a handful of policy differences” but “many areas of agreement,” and that Boozman “appreciates the good-faith effort to reach a bipartisan compromise.” That phrasing signals two things: Republicans want to show openness to negotiation while also defending a decision to advance their own text. (mexc.com)
- Democrats — led in these talks by Sen. Cory Booker (D‑N.J.) on the Ag panel — have described continued conversations but remain reluctant to back the GOP-only package if core protections and balance-of-power provisions are missing. Industry players and some bipartisan supporters worry that a partisan markup could produce a bill that’s easier to block in the Senate or that would trigger a messy reconciliation with banking committee efforts. (archive.ph)
- For crypto businesses, the stakes are practical: clarity and safe harbor. Too much delay or partisan infighting risks leaving unclear custody, listing and compliance rules that keep legitimate firms from offering products and leave consumers exposed.
What’s at stake in the policy fight
- Regulator jurisdiction: Who gets primary authority over which types of tokens — the CFTC, the SEC, or a newly delineated regime — is the biggest technical and political dispute. This determines enforcement posture, registration requirements and litigation risk.
- DeFi and developer liability: Whether noncustodial protocols and their developers get exemptions or face new liabilities will shape innovation incentives in decentralized finance.
- Stablecoin rules and yields: Rules around issuer reserves, permitted activities and how yield-on-stablecoin products are treated could reshape the on‑ramps between traditional finance and crypto.
- Ethics and quorum issues: Proposals to limit officials’ ability to profit from digital assets, and changes to agency quorum rules, have caused friction because they touch lawmakers’ personal interests and how independent agencies operate.
What this GOP-only draft means practically
- Moving forward without bipartisan signoff increases the odds the Senate Agriculture Committee will vote on a Republican text that Democrats don’t support. That can expedite a timetable but risks another legislative stalemate on the floor — or a competing bill from the Senate Banking Committee.
- The GOP draft may signal priorities Republicans think are nonnegotiable — e.g., clearer roles for the CFTC, tougher rules on stablecoin operations, or narrower protections for DeFi developers. For industry players, that’s a cue to mobilize for amendments or for outreach to Democratic offices to restore bipartisan language.
- For markets, uncertainty often beats clarity short-term. The prospect of competing texts or protracted floor fights could keep firms cautious about product launches or migrations that depend on statutory safe harbors.
Practical timeline notes
- The Agriculture Committee has postponed and rescheduled markups in recent weeks as talks moved back and forth. At the time this draft circulated, committee leadership signaled a markup was scheduled later in January (committee calendars have shifted during the negotiations). Watch the committee’s public calendar and press statements for firm markup dates. (agriculture.senate.gov)
Key takeaways for readers watching crypto policy
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- The release of a GOP-only draft does not end bipartisan talks, but it does raise the political temperature and shortens the runway for compromise.
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- Regulatory jurisdiction and treatment of DeFi remain the most consequential sticking points for both lawmakers and industry.
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- A partisan committee vote could speed a bill through committee but makes final passage harder unless leaders from both parties find an off-ramp or trading ground elsewhere in the Senate.
My take
This episode is classic Congress: momentum from earnest, cross‑party drafting collides with raw politics. Boozman’s GOP draft is both a procedural nudge and a negotiating move — it forces issues into the open rather than letting them linger in bracketed text. That can be healthy if it clarifies choices and prompts serious amendment work. But if the result is two competing, partisan bills (Agriculture vs. Banking), we could be stuck with months of legal ambiguity instead of clear rules that businesses and consumers need.
For the crypto industry, the best outcome remains a durable, bipartisan statute that clearly assigns jurisdiction, protects consumers, and leaves room for innovation. If lawmakers want to claim wins on both consumer protection and responsible innovation, they’ll need to make meaningful concessions — and fast.
Final thoughts
Lawmakers are juggling technical complexity, industry pressure, and electoral politics. The path to effective crypto law will be messy, but insisting on clarity and enforceability should stay front and center. Watch for amendments during markup and any outreach from mixed House–Senate working groups — those will tell you whether this draft is a negotiating step or the start of partisan trench warfare.
Sources
Related update: We recently published an article that expands on this topic: read the latest post.
Related update: We recently published an article that expands on this topic: read the latest post.
Related update: We recently published an article that expands on this topic: read the latest post.
Related update: We recently published an article that expands on this topic: read the latest post.
When prediction markets meet college sports: who should hit pause?
The headline landed like a buzzer-beater nobody asked for: on January 14, 2026, the NCAA asked the Commodity Futures Trading Commission (CFTC) to suspend prediction markets from offering trades on college sports until stronger guardrails are put in place. That request — delivered in a letter from NCAA president Charlie Baker and amplified at the NCAA Convention — pulls into sharp focus a fast-moving collision between financial innovation, fan engagement, and the fragile integrity of amateur athletics.
This isn't just a regulatory squabble. It touches students, coaches, parents, regulators, market operators and every fan who cares whether a game is decided on the field or by outside incentives.
What happened and why it matters
- The NCAA formally asked the CFTC on January 14, 2026 to pause collegiate sports markets operated by prediction-market platforms. (espn.com)
- Prediction markets let users buy and sell contracts on yes/no outcomes (for example: “Will Player X enter the transfer portal?”). They are federally regulated by the CFTC, and many platforms argue they are distinct from state-licensed sportsbooks. (espn.com)
- The NCAA’s key concerns include:
- Age and advertising restrictions (prediction markets are often available to 18+ users nationwide, unlike sportsbooks where many jurisdictions set 21+). (espn.com)
- Stronger integrity monitoring and mandatory incident reporting (sportsbooks in many states must report suspicious activity; the NCAA argues prediction markets lack comparable requirements). (espn.com)
- Banning or limiting prop-style markets tied to individual athletes (increasing risk of manipulation or harassment). (espn.com)
- Anti-harassment measures and harm-reduction tools. (ncaa.org)
Why it matters: college athletes are not paid employees in the traditional sense (despite NIL changes), they’re still students whose careers and mental health can be affected by gambling-driven incentives and abuse. Prediction markets—accessible nationally and to younger bettors—create a different risk profile than regulated sportsbooks operating under state gaming laws.
The players on the court
- NCAA: Focused on athlete welfare and competition integrity; willing to work with the CFTC to design safeguards. (ncaa.org)
- Prediction market companies (e.g., Kalshi, Polymarket and others): Regulated by the CFTC and argue they operate as financial exchanges offering contracts between traders, not traditional wagering against a house. They have begun adding integrity partners and monitoring tools. (espn.com)
- CFTC: The federal regulator for event contracts. Historically has allowed event markets but has been cautious about drawing hard lines around sports-related markets. The NCAA’s request asks the agency to take a more active stance. (espn.com)
- State gaming regulators: Some have moved to restrict or challenge prediction markets, arguing those products violate state wagering laws. Recent enforcement actions and cease-and-desist letters show the state-federal regulatory boundary is contested. (barrons.com)
The core tensions
- Jurisdiction and labeling
- Are binary event contracts “financial products” under federal CFTC oversight, or are they sports betting that falls under state gambling laws? The answer determines who writes the rules. (barrons.com)
- Age and accessibility
- Many prediction platforms accept 18-year-olds nationwide; sportsbooks in many states restrict college-sports betting to older age groups or ban in-state college betting entirely. That gap concerns the NCAA. (espn.com)
- Types of markets and harm
- Prop markets or player-specific questions (transfer portal, injuries, playing time) can create perverse incentives and increase risk of manipulation, harassment, or targeted abuse. (espn.com)
- Speed of innovation vs. pace of regulation
- Prediction markets have evolved quickly; regulators and sports governing bodies are scrambling to adapt. That mismatch often leaves safeguards trailing innovation. (barrons.com)
What a workable compromise might look like
- Temporary moratorium: A pause limited in time that gives regulators and the NCAA room to draft specific safeguards tied to college athletics.
- Harmonized minimums: Federal rules requiring age verification (21+ for college sports?), targeted advertising restrictions, and robust geolocation enforcement for in-state protections.
- Integrity reporting: Mandatory, standardized reporting of suspicious activity and cooperation channels between prediction-market operators, leagues, the NCAA and law enforcement.
- Limits on player-level markets: A ban or strict controls on markets tied to individual athletes’ discrete actions (transfers, injuries, disciplinary outcomes), with exceptions only under university/athlete consent.
- Independent monitoring and penalties: Third-party integrity firms with transparent methodologies and enforcement mechanisms that include suspensions or delisting of risky markets.
Those steps would mirror many safeguards already required of licensed sportsbooks while recognizing the structural differences of exchange-style prediction products.
How this could play out
- The CFTC could accept the NCAA’s request and issue a temporary ban or guidance — an outcome that would quickly shape operator behavior and possibly defuse state-level enforcement actions.
- If the CFTC declines to act, states may intensify enforcement, producing a patchwork of restrictions that platforms must navigate, or litigate — a costly, slow path with inconsistent protections for athletes.
- Operators might self-impose stricter controls to avoid reputational and legal risk, especially if major leagues and associations amplify their objections.
Either route raises costs and complexity for prediction markets, but also pushes the industry toward clearer rules and stronger athlete protections.
What fans and college communities should watch
- Will the CFTC respond with emergency measures or a formal rulemaking? Watch for agency statements or action following the NCAA letter (dated January 14, 2026). (espn.com)
- Are states preparing enforcement actions, or crafting laws specifically addressing prediction markets and college-sports exposure? Recent history suggests more state attention is likely. (barrons.com)
- How platforms adjust: whether they pull college markets voluntarily, raise minimum ages, or harden integrity controls.
Something only partly covered in the headlines
Prediction markets aren’t inherently villainous: they can provide price discovery for political events, economic forecasts and even fan engagement when done responsibly. The core issue is context. College sports involve unpaid (in the employment sense) student-athletes, academic obligations and developmental stakes that make the same market structure riskier than in professional sports. That nuance should shape tailored rules, not blanket acceptance or reflexive bans.
My take
The NCAA’s ask is forceful but reasonable: when a new market intersects with young athletes’ careers and safety, regulators and operators should err on the side of stronger protections. A coordinated approach led by the CFTC — working with the NCAA and state regulators — that sets baseline safeguards (age, integrity reporting, limits on individual-player markets) would protect athletes without crushing innovation. If regulators balk, expect a messy, uneven landscape of state responses and legal fights that ultimately does more harm than a short, well-scoped pause would.
Where this leaves us
We’re at a crossroads where technology, finance and sports culture clash. The right answer will balance consumer innovation and market freedom with clear protections for vulnerable participants. The NCAA’s letter forced the conversation into the open on January 14, 2026. The next moves from the CFTC, prediction-market operators and state regulators will determine whether college sports get a pragmatic safety net — or whether the growth of prediction markets continues to outpace the rules meant to keep play fair and players safe. (ncaa.org)
Sources
Related update: We recently published an article that expands on this topic: read the latest post.
Related update: We recently published an article that expands on this topic: read the latest post.
Related update: We recently published an article that expands on this topic: read the latest post.
Related update: We recently published an article that expands on this topic: read the latest post.
Related update: We recently published an article that expands on this topic: read the latest post.
Related update: We recently published an article that expands on this topic: read the latest post.