Increasingly, it is the leading members of the business community who are raising the most serious questions about online data use. Is it credible to claim that a user should feel anonymous when their offline data is pulled in to be used for online targeting? Read what a leading online marketer has to say.
So-called “social ads” are those that display data and reflect actions taken by social network members. Recently, the Interactive Advertising Bureau (IAB) released its “Social Advertising Best Practices”, [LINK HERE], developed by a 151-company committee with 218 members including MySpace, Microsoft, Google, Facebook, SocialMedia.com, CBS, Accenture, PriceWaterhouseCoopers LLC, Condé Nast Digital, IDG Entertainment, and Nielsen Online. The report addressed advertising on social platforms, (which it distinguishes from behavioral advertising). Kudos to the IAB and its committee for the attention given to privacy. The report emphasizes the importance of privacy rules that “ensure that data collected from consumers is fone with consumer consent, that consumers have appropriate notice and choice in what and how their data is used, and that data access and use are consistent with the privacy expectation set by the consumer.”
I have long admired Andrew as one of the most thoughful thinkers at the intersection of business, technology and policy. Good luck to him as he joins the Obama administration as deputy chief technology officer.
The following is a guest post from one of our summer legal fellows, Noam Kutler of GWU School of Law.
As many of you reading this blog are aware, FPF focuses a good deal of attention on the issue of online behavioral advertising and the need for greater consumer control and transparency.The FTC has issued stern warnings and Congress is on the case, but what would the third branch of government have to say?
Recently, Justice Scalia provided some insight into his opinion of online privacy rights during a conversation with FPF Co-Chair Jules Polonetsky, but what about Supreme Court nominee Sonia Sotomayor? In her 2002 Specht v. Netscape Communications Corp (306 F.3d 17) opinion, Sotomayor held that online contract terms must be displayed in a manner that provide “reasonably conspicuous notice” to the user. Specht found that a terms of service agreement applying to a downloadable Netscape plug-in which sent data back to the company was invalid because the user was unlikely to notice the agreement prior to downloading the plug-in and therefore could never manifest consent to the agreement’s terms. This line of thought has direct implications on website privacy policies and could give an indication of Sotomayor’s view regarding a user’s consent to web site data collection.
Hopefully, FPF’s recently announced a new project aimed at developing innovative means for notifying web users about online behavioral advertising will be helpful in guiding companies towards the best options for informing users about online data use. Click here to learn more about this initiative.
On Monday, June 1st Christopher Wolf and I will be presenting tutorials at Computers, Freedom and Privacy 2009. Christopher will be giving a presentation about Data Mining and I will be discussing profiling from online data. After that I will be rushing over to the Center for American Progress for the release of 3 key reports by FPF Advisory Board member Peter Swire. Join or follow online…webcasts and twitter details available.
Please be our guest…
The Future of Privacy & Data Security:
A Briefing on Related Legal Issues and Leading Practices
Wednesday, June 3, 2009
5:00pm – 7:00pm
Remarkable developments in privacy and data security law and business practices have already been seen in 2009 and more changes are on the horizon.
Come, hear, and interact with a panel of thought leaders on the latest in this evolving field that has implications for every business.
Among topics to be covered:
1. New Laws and regulations at the federal and state level that impact companies’ data protection obligations
2. The new privacy and data security enforcement environment
3. The current focus on behavioral marketing and a discussion of leading practices consistent with the Federal Trade Commission guidelines
4. Leading privacy and data protection risk management strategies and controls
Speakers include special guests and noted privacy thought leaders, Christopher Wolf and Jules Polonetsky, co-chairs of the think tank, The Future of Privacy Forum. Chris is also a partner at Hogan & Hartson, a leading law firm with a special focus on privacy.
Speakers:
Rena Mears, Partner, Deloitte & Touch LLP, Global & US Leader Privacy & Data Protection
Jules Polonetsky, Co-Chair, The Future of Privacy Forum
Christopher Wolf, Partner and Privacy & Data Security Practice Group Leader, Hogan & Hartson; Co-Chair, The Future of Privacy Forum
Please RSVP to Amy [email protected] or 310.785.4730
Location: Deloitte
50 Fremont Street
San Francisco, CA 94105
Time: 5:00pm – 6:15pm – Presentation
6:15pm – 7:00pm – Cocktails
In collaboration with Deloitte and Hogan & Hartson
They are reading Supreme Court nominee Sonia Sotomayor’s opinion regarding electronic privacy in Second Circuit case of LEVENTHAL v KNAPEK.
Just got off conference call with Beth Noveck at the White House Office of Science and Tech Policy as they launched their new open dialogue site. It is pretty cool – check it out by reviewing and commenting on the FPF proposal on government use of cookies. Thumbs up or down?
Can WPP Demystify Behavioral Targeting?
Media Post
By Wendy Davis
May 20, 2009
The think tank Future of Privacy Forum announced this week that it tapped ad agency WPP to come up with new ways of notifying Web users about online behavioral advertising.
Director Jules Polonetsky hopes that advertising creatives will be able to come up with something more intelligible than the lengthy jargon-filled policies that are all too often incomprehensible. Federal Trade Commission Chair Jon Leibowitz, who has urged Web companies to provide clear and succinct notice about ad targeting, is cheering the project.
Jules Polonetsky quoted:
“I’m very heartened with what the Future of Privacy Forum has announced,” he tells MediaPost. “Most current online privacy policies are essentially incomprehensible for even the savviest online users.”
Click here to view the full article.