On RSS-based Syndication: A Letter to NAR’s Multiple Listing Issues and Policies Committee

This week, MLSListings Chairman Robert J. Bailey sent a letter to NAR’s Multiple Listing Issues and Policies  Committee expressing our opposition to NAR’s latest position on Internet Data Exchange (IDX) as it relates to RSS-based syndication. We have shared the letter below and encourage all real estate professionals to engage with NAR on this critical issue.

November 1, 2011

Pat Callan, Chairman
Multiple Listing Issues and Policies Committee
National Association of REALTORS

Dear Pat,

Following the 2011 National Association of REALTORS® (NAR) Midyear Meetings held earlier this year, the NAR Leadership Team appointed a presidential advisory group (“PAG”) to address several aspects of the IDX policy including a provision allowing franchisor display of IDX listings. That provision went into effect in January of this year. It was subsequently amended in May to require listing broker “opt in” rights.

In August, the PAG recommended that the original policy be rescinded and that NAR support syndication of listings as an alternative method for franchise organizations and similar entities (e.g., real estate brokerage networks and regional real estate firms) to access and display listings. It is anticipated that this recommendation will go to the Multiple Listing Issues and Policies Committee in November. The PAG also studied other aspects of the IDX policy, including the display of IDX listings using mobile applications, via social media and using RSS subscription.

In reviewing the specific language outlined by the PAG IDX policy revision authorizing data re-distribution via RSS subscription, MLSListings strongly opposes their recommendation.

Really Simple Syndication (RSS) is a widely available data delivery method for web content bloggers to share the latest “news” with their subscribers. It is not a data “display” category under direct management by Broker Participants, and should be stricken from the proposed changes to the IDX Policy.

Our position is based on two fundamental practices broken by the inclusion of “RSS subscription” to the policy revision: the chain of custody brokers entrust to the MLS is broken; and the enforcement of MLS IDX rules regarding misrepresentation and/or repurposing of the MLS data becomes impossible.

Chain of Custody is Broken

If MLS data is allowed to be redistributed via an RSS feed to entities without direct data agreements in place with the MLS, then the MLS has turned over irretrievable custody and ownership of data to other unknown persons or entities. The subscriber to an RSS feed willessentially be granted ownership of the data, with no prior knowledge on proper data use, data refresh and updates, or the limitations placed on data re-distribution. In addition, RSS Readers hosted by the largest technology players will claim ownership on the presentation of data as a part of their product feature set. If they choose to co-mingle data from third-party sources along with broker listings, there is little recourse for brokers to block that distribution.

For example, imagine your broker listings listed right next to a “Zestimate” or an advertisement from another broker soliciting contact based upon the details of your listing information. Or envision a consumer blogging about your listings without explicit permission at syndication sites. There will be no remedy or control to prevent continued distribution and re-distribution of listing data co-mingled with unauthorized or stale content to persons or places unknown. RSS is like a news article or email—once forwarded, chain of custody is gone.

The enforcement of MLS IDX rules regarding misrepresentation and/or re-purposing of the MLS data becomes impossible.

If MLS data is distributed to persons or entities unknown who do not have explicit data use agreements with the data source (i.e. the MLS) these entities can manipulate or re-purpose the content without any consequence or penalty. RSS technology opens the door for savvy users or websites to essentially export any IDX data; aggregate, store, and manipulate that data without any consent from the Broker or MLS. In the hands of technology providers unaccountable to IDX data policies, the persons or entities receiving the data have no obligation to present or use the content in a manner defined by the policies. Without this obligation or agreement, the MLS cannot assert any governance or corrections. Any abuse or other use will have to be suffered in silence.

For example, when a broker provides a third-party vendor an RSS feed, this vendor can subsequently manipulate the data by adding other characteristics to the information and then resell (i.e. redistribute) the data to other entities such as lending institutions. The MLS no longer has direct legal authority to go after these institutions for misuse of the copyrighted MLS data. These scenarios may go undetected for years when the distribution process is uncontrolled and the MLS does not have direct relationships and binding agreements with the institutions which are receiving data third hand—as is possible with RSS feeds.

In closing, MLSListings understands why brokers would use RSS technology for distribution for greater listing exposure; however RSS is not the same as one of the “electronic data display” options controlled by MLS participants as governed by Internet Data Exchange (IDX) agreements and enforced by the MLS. An extension of IDX policy to include “RSS subscription” as an authorized distribution method outside of direct data management by the MLS is not an appropriate approach.

The MLS is in the best position to work with its broker community on driving and managing all the underlying data delivery methods—including RETS, FTP, HTTP, HTTPS, RSS, iFrame, and other industry specific syndication products—already covered within the IDX Data Use and Display policies.

Sincerely,

Robert J. Bailey
Chairman, MLSListings Board of Directors
MLSListings, Inc.