Tag Archives: Behavioral Advertising

Indianapolis Colts Set Their Eyes for Home-Field Advantage in Second Class Action Complaint

As a follow-up to our previous article, the Indianapolis Colts are moving to move venues in a federal class action lawsuit to Indiana.  The plaintiff alleges that the beacon technology integrated in the Colts mobile application secretly recorded all user’s audio, including private oral conversations, for purposes of targeted advertising.  In the latest development, the … Continue Reading

New Privacy Rules for Internet Service Providers

On October 27, 2016, the FCC adopted a new set of privacy and data security regulations applicable to “broadband service providers and other telecommunications carriers.” The rules place new restrictions on internet service providers’ (“ISPs”) ability to use and share their customers’ data. The Commission established two data classifications: (1) sensitive information, and (2) non-sensitive … Continue Reading

Google Makes Ad-Tracking Change in its Privacy Policy

In 2007, Google bought online ad network DoubleClick, which uses cookies to collect and store data about Google users from their browsing history, to best place clients’ ads. This past June, Google revised its privacy policy to state that users’ activities on other sites tracked by DoubleClick “may be associated with [their] personal information.”  This … Continue Reading

Class Action Filed Against Indianapolis Colts Over App

This month, the Indianapolis Colts, app developer Yinzcam, Inc., and ultrasonic technology provider Lisnr, Inc., were hit with a federal class action lawsuit in Pennsylvania for violating the Electronic Communications Privacy Act by allegedly allowing the Colts fan app to listen in on users’ personal phone conversations, and use that information for advertising purposes without … Continue Reading

OBA Principles Have Gone Native!

Last week, the Interest-Based Advertising Accountability Program (Accountability Program) released a compliance warning regarding the use of online-behavioral advertising (OBA) in conjunction with native advertisements. The compliance warning states that native advertisements tailored to a consumer based on the consumer's browsing history (i.e., OBA) must comply with the Self-Regulatory Principles for Online Behavioral Advertising ("OBA Principles"), just like any traditional-based advertisement utilizing OBA would. Enforcement of the compliance warning will begin January 1, 2015. The Accountability Program was developed by leading industry associations in order to regulate online behavioral advertising across the Internet. The Program issues compliance warnings to provide guidance on how to comply with the OBA Principles. The two key pillars of the OBA Principles are transparency and consumer control. The transparency principle requires companies to ensure that consumers are aware when their data is being collected for OBA purposes. The consumer control principle requires companies to provide consumers with an easy-to-use mechanism to opt out of having their data collected.… Continue Reading

ANA Submits Comments on Big Data in Response to Request for Information

In January, President Obama called on senior government officials to lead a review of the implications of Big Data for privacy, the economy and public policy. A Federal Register Notice by the White House's Science and Technology Policy Office sought comments from industry participants on a variety of issues related to Big Data. Earlier this week, the ANA submitted its comments in response to the Notice, focusing on the public policy implications of the collection, storage, analysis, and use of Big Data. In determining what the potential concerns of Big Data are, the ANA said that the focus should be on the sensitivity and potential vulnerability to harm of the data, not the amount of data in and of itself. As an example, the ANA pointed out that, "[c]ommercial privacy issues must not be allowed to be conflated with government surveillance and potential reforms at the NSA. These issues must not be confused with interest-based advertising or online behavioral advertising (OBA)." The ANA also urged that any governmental decisions about commercial data collection and use be made "carefully, correctly and judiciously." In its comments, the ANA highlighted the progress made over the past few years by the private sector to enhance privacy protections for consumers, making specific reference to the self-regulatory efforts by the Digital Advertising Alliance.… Continue Reading

The Countdown to Compliance Has Begun

The countdown is underway to the deadline when the digital marketing ecosystem needs to be in compliance with the Digital Advertising Alliance guidelines for Online Behavioral Advertising. Failure to comply may expose brands and companies to actions by the Online Interest-Based Advertising Accountability Program and potentially negative press releases.… Continue Reading

BBB Accountability Program Reminds Advertising Industry to Act Now to Comply with Enhanced Notice

In its first ever compliance warning, the Online Interest-Based Advertising Accountability Program Council ("Accountability Program") noted that many website operators are omitting notices of data collection for online behavioral advertising ("OBA") on their websites where third parties, such as ad networks, are not able to provide notice without the website operator's assistance. Such notices are required under the Self-Regulatory Principles for Online Behavioral Advertising ("OBA Principles"). In an effort to encourage compliance, the Council has delayed enforcement against first parties that fail to provide the required enhanced notice beginning until January 1, 2014.… Continue Reading

DAA Continues Focus on Obligations for Website Operators Employing OBA

The Digital Advertising Alliance (DAA), the self-regulatory program for online behavioral advertising (OBA), was busy last week, releasing four formal review decisions. The cases discussed below highlight DAA's commitment to spreading consumer awareness about OBA, educating consumers on OBA activities, and providing consumers with options regarding the collection of their data. The cases were initiated by DAA itself, and not by competitors or consumers. OBA activity is a relatively unregulated area, and consumer protection authorities have largely relied on businesses self-regulating to protect consumers. To avoid heavier regulation, it is important that businesses make concerted efforts to be aware of and comply with DAA's Self-Regulatory Principles for Online Behavioral Advertising (OBA Principles).… Continue Reading

Do-Not-Track Working Group: Survey Shows Dwindling Support

The future of the Do-Not-Track working group remains unclear, according to a recent survey taken among its participants. Forty-three of the 100 or so working-group participants submitted responses to the survey, which proposed five paths for the group moving forward. According to the survey, 17 participants voted that they have "no confidence" in the group and that all work should be discontinued. Some of the comments described the proceeding as "so flawed [that] it's a farce." Others called the progress made to date, "shameful." Other participants remained somewhat more hopeful; though, ideas on how to achieve a more meaningful Do-Not-Track standard varied. Twenty-six participants voted against continuing to stay on the current path and resolving the remaining open issues as outlined in the proposal. The remaining proposals, which garnered the most votes, recommended splitting up the working group's focus on establishing a technical means for sending a Do-Not-Track signal and establishing compliance standards for when a company receives a signal.… Continue Reading

Who’s Watching You? Facebook Agrees to Provide More Transparency with Online Advertising

This post was also written by Christine Nielsen. Yielding to pressure from advertisers, ad agencies, the media, consumers, and, perhaps, the FTC, Facebook has agreed to place The Digital Advertising Alliance’s (DAA) “AdChoices” logo on ads served on its site via its FBX ad exchange. The move makes Facebook more accountable for educating users about online … Continue Reading

FTC OKs Self-Regulation Program for Online Behavioral Advertising

The Federal Trade Commission issued an advisory opinion letter this week saying that it has no present intention to challenge the Council of Better Business Bureaus’ accountability self regulatory program for companies engaged in online behavioral advertising. The program is designed to foster compliance with the Self-Regulatory Principles for Online Behavioral Advertising, which were released by … Continue Reading

Privacy Remains At the Forefront

Last week saw a flurry of activity on the privacy front, likely unprecedented at least in recent history. Over the course of less than 48 hours, three different privacy bills were introduced in the House of Representatives, one by Rep. Bobby Rush (D-Ill.), and two by Congresswoman Jackie Speier (D-Cal.). Speier is no stranger to the privacy … Continue Reading

The Industry Speaks Out – Developments Within the Digital Advertising Alliance

This post was written by Edgar Hidalgo. The online behavioral advertising sector received a rude awakening at the end of 2010 from unsatisfied federal regulators. Both the Federal Trade Commission and the Department of Commerce published reports espousing increased regulation of online behavioral advertising – the former report encouraging Congress to consider a “Do Not Track” … Continue Reading

The Online Behavioral Advertising Debate Heats Up in D.C.

A draft Commerce Department report being reviewed by the White House that recommends the creation of a privacy policy office and passage of legislation that establishes "a baseline privacy framework" was leaked yesterday and is proliferating as we speak (or write). In all, the report makes 10 recommendations and poses dozens of questions on many … Continue Reading

Enhanced Control over Behavior Advertising In the Works

A group of the nation’s largest media and marketing trade associations, with support from the Council of Better Business Bureaus, today announced the details of a self-regulatory program that will give consumers enhanced control over the collection and use of data regarding their Web viewing for online behavioral advertising purposes.… Continue Reading

Letter from the President of the Council of Better Business Bureaus — Self-Regulation of Behavior Advertising

Dear Corporate Partners, As the Internet and the advertising practices that increasingly support online content continue to evolve, a group of the nation’s largest media and marketing trade associations in conjunction with the Council of Better Business Bureaus (CBBB) have been working to develop enhanced industry self-regulation in ways that will foster transparency, knowledge and … Continue Reading

Important Developments within Behavioral Advertising in Europe

Behavior advertising is not solely a contemporary and hotly debated issue on these shores. Case in point, last month the influential Article 29 Working Party (“Working Party”), consisting of all the European Union’s national data privacy regulators, adopted Opinion 2/2010 on online behavioral advertising (the “Opinion”). The Working Party has made it clear they are … Continue Reading

There is an ‘I’ in Behavioral Advertising

Coming soon to many websites near you (possibly…), you may find a slew of little blue “I” icons populating the Internet. This icon represents the latest collaboration between the Federal Trade Commission, Congress and the advertising industry to create a standardized icon, known as the “Power I,” intended to notify consumers of the online behavioral advertising … Continue Reading

Déjà Google

Give Google credit that when it announced its acquisition of AdMob, a leading provider of mobile advertising services and technology, in November 2009, it proactively addressed the likelihood of a Federal Trade Commission (FTC) investigation into the transaction. Google even went as far as posting a web page that the media, regulators and other interested parties … Continue Reading

Advertising and Online Music: An Overview

This post was written by Laura Hicks. This article was previously published in Media & Marketing Online. It is no secret that the consumer habits for accessing and consuming music are changing incredibly quickly. In December 2009, radio audience measurement body Rajar revealed that 4.5 million people in the UK regularly use personalised online radio … Continue Reading

Reminder: Global Regulation of Behavioral Marketing Teleseminar

As behavioral marketing becomes an increasingly important and embattled area both from within government ranks and industry, with implications extending far beyond merely advertising to e-commerce, privacy, global compliance and more, you won't want to miss Reed Smith's tele-seminar tomorrow (Wednesday, September 30 at 12 p.m. (EDT)) on the topic of "Global Regulation of Behavioral Marketing. Join moderator Doug Wood as he probes the issues with Joe Rosenbaum (New York) and Gregor Pryor (UK) for a 45-minute discussion, followed by a Q&A period to address your specific concerns. It's still not too late to sign up for, and participate in, this important seminar. View the invitation: http://guest.cvent.com/i.aspx?1Q,M3,e5fb07a6-6842-450b-957a-2eafa3fc6c27 Register for this event: http://guest.cvent.com/i.aspx?4W,M3,e5fb07a6-6842-450b-957a-2eafa3fc6c27… Continue Reading

Global Regulation of Behavioral Marketing Teleseminar

In response to the global needs of our clients, Reed Smith is pleased to announce the next installment of our 2009 “Doing Business Globally” teleseminar programs, a series focused on issues that companies should understand about doing business in the global marketplace. Our next teleseminar will take place Wednesday, September 30 at 12 p.m. (EDT), … Continue Reading

Are self-regulatory ad guidelines sufficient to satisfy federal regulators?

Reprinted with permission from Mobile Marketer at http://www.mobilemarketer.com. Earlier last month the leading media, advertising and marketing trade associations, including the American Association of Advertising Agencies, Association of National Advertisers, Interactive Advertising Bureau, Direct Marketing Association and the Better Business Bureau, representing an overwhelming majority of industry participants, released their Self-Regulatory Principles for Online Behavioral … Continue Reading
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