Government Regulation:
Everything Publishers Need to Know,
and Nothing They Don't.
Alan Chapell, JD, CIPP
Chapell & Associates
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Must be time
for the privacy
guy to
speak…

Lots of Moving Parts…
 Industry Self-Regulation
 Network Advertising Initiative
 IAB / AAAA / DMA Coalition
 Government Regulation
 FTC Principles
 Boucher Principles
 Privacy Advocates
 CDT, CDD, FOPF, Soghoian

“Industry needs to do a better job of
meaningful, rigorous self-regulation or it
will certainly invite legislation by
Congress and a more regulatory
approach by our Commission. Put simply,
this could be the last clear chance to
show that self-regulation can – and will –
effectively protect consumers’ privacy in a
dynamic online marketplace.”
FTC Chairman Jon Leibowitz

The New FTC
 In synch with privacy advocates’ views
 “Privacy is an important value by itself”- it should be
protected even without quantifiable harm to consumers
 “Online behavioral tracking and targeting can be used to
unfairly discriminate against consumers.”
 Notice and Choice for BT should exist
OUTSIDE of the privacy policy
 Non-PII BT more important than social security #?
 Town Hall Meetings – Dec 7 is the first

Consumer Research
 Annenberg Study Conclusions
 Consumers don’t like targeted ads
HOWEVER……….
 Consumers don’t like taxes – should we get rid of them?
 Do consumers like ANY advertising?
 Where is the study from Industry?
 IAB Economic Impact study a good start
 Trade off between targeted ads and free content?

Boucher Bill
 “Just a bill….”
 Support in DC is inversely proportional to Industry Response
 Definitions are key
 “third party” “ad network” “network operator”
 Safe Harbor
 Participation in Industry Assoc more important than ever.
 Affirmative Consent vs. Opt-out Consent

The Industry Response
 Notice OUTSIDE the Advertisement
 Opt-out Choice Protector
 Data Retention Standards
 Consumer Education
 Other Industry Issues
 Educating Washington
 Flash cookies?

Outside the Ad Notice

Outside the Ad Notice

What Should You Do?
 Join a Self-Reg Program (if you haven’t already)
 Participate in the Process
 Don’t throw each other under the bus in DC
 Vet your ad targeting partners
 Hire a privacy officer (even part-time)

QUESTIONS / DISCUSSION
Alan Chapell
Chapell & Associates
alan@chapellassociates.com
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