Data Privacy Monitor

Data Privacy Monitor

Commentary on Data Privacy & Information Security Subjects

Category Archives: Behavioral Advertising

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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 Data Tracking
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

A guide to native advertising’s legal issues

Posted in Behavioral Advertising, Online Privacy, Privacy
Native advertising has by all accounts been the darling of the digital marketing world in 2013. Although it comes in all shapes and sizes, the general consensus defines “native advertising” as the practice of designing ads to look like the natural editorial content of the website on which they appear. Native’s proponents hail it as … 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, COPPA, 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

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, Privacy
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, Privacy
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, Privacy
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, COPPA, 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, COPPA, 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

Senator Rockefeller Introduces Do-Not-Track Legislation

Posted in Behavioral Advertising, Federal Legislation
Similar to the bill introduced by Rep. Jackie Speier in February 2011, Sen. John Rockefeller (D-WV) introduced the Do-Not-Track Online Act of 2011 on May 9, 2011.  Sen. Rockefeller announced that the bill would offer a “simple, straightforward way for people to stop companies from tracking their movements online.” The FTC would be given one … Continue Reading

Kerry & McCain Release Commercial Privacy Bill of Rights

Posted in Behavioral Advertising, Federal Legislation, Online Privacy
Senators John Kerry and John McCain introduced the Commercial Privacy Bill of Rights at a press conference today.  The stated purpose of the bill is to “establish rights to protect every American when it comes to the collection, use, and dissemination of their personally identifiable information (PII).”  According to a summary of the bill released by … Continue Reading

Speier Introduces “Do Not Track Me Online Act of 2011″

Posted in Behavioral Advertising, Federal Legislation, Financial Privacy, Online Privacy
The FTC—in its December 2010 online privacy report and testimony before Congress—discussed the need for a browser-based “Do Not Track” mechanism to give consumers greater control over behavioral advertising.  Under the “Do Not Track Me Online Act of 2011” (H.R. 654)—introduced by Rep. Speier (D-CA) on February 11—the FTC will have 18 months to establish … Continue Reading

Noteworthy Data Privacy and Information Security Events in 2010

Posted in Behavioral Advertising, Breach Notification, Data Breach Notification Laws, Enforcement, Federal Legislation, Financial Privacy, HIPAA/HITECH, Information Security, Medical Privacy, Online Privacy
The two events that drew the most attention in 2010, both of which occurred at year-end, were reports from the FTC and the Department of Commerce.  Below is a brief summary of those two reports and other issues drawing attention in the past year: (1) FTC Issues Long-Awaited Consumer Privacy Policy Report On December 1, … Continue Reading

“Advertising Option Icon” Will Allow Opt-Out of Online Tracking

Posted in Behavioral Advertising, Enforcement
A coalition of advertising trade groups launched a new online behavioral advertising (“OBA”) opt-out program on October 4, 2010, to build on the self-regulatory principles they released last summer.  The program, which is explained on the group’s website, features an “Advertising Option Icon” that can be placed near online ads that collect data used to … Continue Reading