Data Privacy Monitor

Data Privacy Monitor

Commentary on Data Privacy & Information Security Subjects

Category Archives: Behavioral Advertising

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The FTC and DAA Set Their Sights on Cross-Device Tracking

Posted in Behavioral Advertising, Big Data
Gone are the days of single-browser tracking. Accordingly, cross-device tracking – the process of tracking a single consumer across all of the consumer’s devices – is the new Holy Grail for marketers. Both the Federal Trade Commission (FTC) and the Digital Advertising Alliance (DAA), a U.S. advertising industry self-regulatory program, have taken notice. On November… Continue Reading

Industry Regulatory Organization to Outbrain and Gravity: Interest-Based Native Advertising Must Comply With Self-Regulatory Principles

Posted in Behavioral Advertising
In two decisions issued last week, major native advertising players Gravity and Outbrain were found to have failed to comply with the online advertising industry’s self-regulatory principles for interest-based ads. The decisions, issued by the Better Business Bureau’s Online Interest-Based Advertising Accountability Program (OIBAAP), are the first to address whether native advertising targeted toward consumers’… Continue Reading

Guidance on Mobile Device and Cross-App Data Collection and Interest-Based Ads

Posted in Behavioral Advertising
In a September post, we announced that the DAA had begun enforcing its Guidelines for Mobile Advertising.  Publishers, advertisers and ad networks need to know what they should be doing to comply with the DAA’s self-regulatory program for mobile app and cross-app data collection, including regarding interest-based ads, precise location data and device data access.… Continue Reading

DAA Begins Enforcing Its Guidelines for Mobile Advertising This Month: What You Should Know in Order to Prepare

Posted in Behavioral Advertising
Effective September 1, 2015, the Digital Advertising Alliance (DAA) is now enforcing its Self-Regulatory Principles for Online Behavioral Advertising and Multi-Site Data (collectively, the “Principles”) in the mobile ecosystem. The DAA, a cross-industry, self-regulatory group of advertising and media companies, has until now focused its enforcement of the Principles exclusively on the desktop browser environment.… Continue Reading

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part V

Posted in Behavioral Advertising
In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin,[1] we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the practice.  After canvassing the many faces of native advertising and the applicable law, the series ultimately examines the pervasive assumption… Continue Reading

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part IV

Posted in Behavioral Advertising
In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin,[1] we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the practice.  After canvassing the many faces of native advertising and the applicable law, the series ultimately examines the pervasive assumption… Continue Reading

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part III

Posted in Behavioral Advertising
In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin,[1] we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the practice.  After canvassing the many faces of native advertising and the applicable law, the series ultimately examines the pervasive assumption… Continue Reading

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part II

Posted in Behavioral Advertising
Editor’s Note: This blog post was originally published on September 8, 2014, courtesy of iMedia Connection’s Blog. It is repurposed with permission. In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin,[1] we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the… Continue Reading

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part I

Posted in Behavioral Advertising
Editor’s Note: This blog post was originally published on September 2, 2014, courtesy of iMedia Connection’s Blog. It is repurposed with permission. In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin,[1] we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the… Continue Reading

Media Convergence and Privacy Attorney Alan Friel Joins BakerHostetler in LA

Posted in Behavioral Advertising, Marketing, Online Privacy, Social Media
BakerHostetler is proud to announce that Alan Friel has joined the firm, resident in the Los Angeles office and practicing in the Intellectual Property Group, as a key member of the Privacy and Data Protection and the Information Technology and Transaction teams. Friel’s practice focuses on intellectual property transactions, regulatory schemes, and privacy and consumer… Continue Reading

iBeacons Usher in New Era of Mobile Advertising in 2014, Raise Old Privacy Concerns

Posted in Behavioral Advertising, Marketing, Mobile Privacy, Online Privacy
Editor’s Note: This blog post was originally published on February 6, 2014 courtesy of iMedia Connection’s Blog. It is repurposed with permission. Remember that scene from Minority Report? The one where John Anderton (Tom Cruise) takes a trip to GAP, virtual billboards call out his name and bombard him with offers as he walks through… Continue Reading

The FTC Mobile Privacy Staff Report

Posted in Behavioral Advertising, Enforcement, Mobile Privacy, Online Privacy
As reported here, the FTC earlier this month released a staff report on mobile privacy. The report, Mobile Privacy Disclosures: Building Trust Through Transparency, provides privacy practice recommendations to firms operating in the mobile app development “ecosystem.” The report’s recommendations are geared mainly toward developers and app store operators, such as Apple, Google, or Microsoft.… Continue Reading

Video Interview: Discussing the Potential Impact of the FTC’s “Do Not Track” Initiatives on Premium Online Content with LXBN TV

Posted in Behavioral Advertising
This week Gerald Ferguson, National Co-Leader of the Baker Hostetler Privacy Security and Social Media Team had the opportunity to speak with Colin O’Keefe of LXBN TV on the subject of a post from last week: “FTC’s “Do Not Track” Initiative Could Create New Market for “Paid For” Internet Content.” In the post, Mr. Ferguson discussed the… Continue Reading

Key Government and Industry Leaders Discuss Data Privacy at IAPP Summit

Posted in Behavioral Advertising, Children’s Privacy, Enforcement, Mobile Privacy, Online Privacy
Last week in Washington, DC, officials from the U.S. Federal Trade Commission, the Department of Commerce, major trade associations and key stakeholders from around the world gathered at a global privacy summit convened by the International Association of Privacy Professionals.  During the two day conference, panels covered a broad range of topics from mobile device… Continue Reading

Facial Recognition: The End of Privacy or a Precursor for New Laws?

Posted in Behavioral Advertising, Federal Legislation, Identity Theft
Do you feel compelled to wear a Richard Nixon mask or a baseball hat equipped with infrared signal emitters on the brim when you leave the house?  If so, you may be trying to prevent a passerby on the street from guessing your name, interests, Social Security number, or credit score using only a pair… Continue Reading

Snack Food Company’s Social Media Marketing Campaign Directed at Teens Draws FTC Complaint

Posted in Behavioral Advertising, Enforcement
A consumer institute, Center for Digital Democracy, filed a complaint and request for investigation with the FTC on October 19 related to the marketing of Doritos to adolescents.  The complaint cites a research report, Digital Food Marketing to Children & Adolescents, which identifies digital marketing practices that purportedly pose threats to the health of children. … Continue Reading

MMA Releases Mobile Application Privacy Policy

Posted in Behavioral Advertising, Information Security
On October 17, in furtherance of their continued support for self-regulation of online behavioral advertising, the Mobile Marketing Association released the MMA Mobile Application Privacy Policy for public comment.  The policy is intended to spark self-regulation of privacy and data processing of mobile applications.  The policy was created with the input of a committee of market… Continue Reading

Focus on Behavioral Advertising, Part 2

Posted in Behavioral Advertising
Last week we reviewed recent tracking litigation.  As part of our ongoing focus on behavioral advertising, below is a summary of recent developments regarding Do Not Track legislation, industry self-regulatory efforts in the United States and abroad, and the FTC’s plan to update its Dot Com Disclosures guidelines.    FTC Commissioner J. Thomas Rosch, concerned with… Continue Reading

Focus on Behavioral Advertising

Posted in Behavioral Advertising
As the FTC is evaluating its Dot Com Disclosures guidelines and Congress considers Do Not Track legislation, the debate over regulation of online advertising has intensified.  On one side, opponents of new legislation explain how online advertising subsidizes many of the free services Internet users enjoy and point to studies showing that Internet advertising contributes… Continue Reading

Restrictions on Commercial Advertising Speech in Vermont Data Mining Law Violate First Amendment

Posted in Behavioral Advertising
As we briefly discussed here, on June 23, 2011, the U.S. Supreme Court in Sorrell v. IMS held that a Vermont statute restricting the sale, disclosure and use of pharmacy records containing the prescribing practices of doctors for marketing purposes by pharmaceutical companies violated the First Amendment’s protection of commercial advertising speech.  From a commercial advertising… Continue Reading

Focus on Advertising to Children

Posted in Behavioral Advertising, Children’s Privacy, Online Privacy
The Interagency Voluntary Working Group on Food Marketed to Children released Preliminary Proposed Nutrition Principles to Guide Industry Self-Regulatory Efforts to improve the nutritional profile of foods marketed to children in April 2011.  Today, FTC Commissioner David Vladeck addressed 12 myths about the recommendations, including: (1) providing reassurance that the guidelines do not provide a… Continue Reading

Mobile App and Geolocation Data Roundup

Posted in Behavioral Advertising, Children’s Privacy, Mobile Privacy
A recent national survey of smartphone users, not surprisingly, revealed that privacy, transparency, choice, and control are important considerations for users.  Indeed, many users indicated that they want more choices and easier access to controls regarding advertising tracking and geolocation data.  Legislators and consumer advocacy groups are taking heed. On May 10, 2011, the Senate… Continue Reading