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YunLi

COM 558 PRESENTATION

Technology News & Politics

Behavioral Advertising And Privacy COM 558 Digital Law And Policy Yun Li June, 03, 2009

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Privacy, particularly on location, is a huge area of concern for all major brands. The opportunity is so big that it’s hard to pass up use of consumer mobile data. But with so much at stake, you don’t want to overplay your hand and get into a legal quagmire. Matthew will cover the latest in the every-changing legal landscape of mobile marketing. This information session covers (a) an overview of the legal framework affecting mobile marketing, (b) federal and state enforcement measures and expectations, (c) emerging issues in mobile privacy expectations, including location-based ads, (d) recent rulings and implications relative to the TCPA.

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Data, the gold of the online world, can be both an asset and a liability. Online tracking mechanisms and data matching/segmentation techniques have become far more sophisticated and make programmatic media buying more effective. 1st party and 3rd party data can be acquired and used for a wide variety of purposes. Regulators and lawmakers are slowly catching up and raising privacy and consumer protection concerns. Avoiding potential pitfalls should be a key strategic business decision for every player in the programmatic space using services through which data is collected and/or exploited. This session will discuss best practices for exploiting big data in the programmatic and digital media worlds in a compliant manner.

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We strongly support the objectives of the California Consumer Privacy Act (CCPA), but we have notable concerns around the likely negative impact on California consumers and businesses from some of the specific language in the law. We provide this initial comment to provide you with information about the significant importance of a data-driven and ad-supported online ecosystem, industry efforts to protect privacy, and in section III of the letter draw your attention to several areas that can be addressed and improved through the rulemaking process. We will provide more detailed comments over the coming weeks.

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The FDA’s role in the approval and subsequent review of Vioxx, a pain medication with- drawn from the market by its manufacturer after it was associated with heart attacks and strokes, is discussed in a case at the end of this textbook. In 2010, Congress established, as part of the Dodd-Frank Act (also discussed in Chapters 8 and 14), a new consumer regulatory body, called the Consumer Financial Pro- tection Bureau. The purposes and actions of this agency are described in Exhibit 15.B. The debate over whether government should become involved in protecting consumer privacy is discussed in the next section of this chapter. All seven government regulatory agencies shown in Figure 15.2 are authorized by law to intervene directly into the very center of free market activities, if that is considered nec- essary to protect consumers. In other words, consumer protection laws and agencies substi- tute government-mandated standards and the decisions of government officials for decision making by private buyers and sellers. Consumer Privacy in the Digital Age In the early 21st century, rapidly evolving information technologies have given new ur- gency to the broad issue of consumer privacy. Shoppers have always been concerned that information they reveal in the course of a sales transaction—for example, their credit card or driver’s license numbers—might be misused. But in recent years, fast-changing technologies have increasingly enabled businesses to collect, buy, sell, and use vast amounts of personal data about their customers and potential customers. The danger is not only that this information might rarely be used fraudulently, but also that its collection represents a violation of privacy and might lead to unanticipated harms. Individuals are often unaware of how much information about themselves they reveal to others as they shop, interact with friends, play games, or look for information online. A variety of technologies make this possible. Many websites place cookies—or more power- ful Flash cookies—on a computer hard drive, to identify the user during each subsequent visit and to build profiles of their behavior over time. Web beacons embedded in e-mails and websites retrieve information about the viewer. In deep packet inspection, third parties access and analyze digital packets of information sent over the Internet, such as pieces of e-mails or Skype calls, to infer characteristics of the sender. Not just retailers, but also Internet service providers such as Comcast, search engine operators such as Google, and informational services such as Dictionary.com, also track their users. So-called data aggregators purchase and combine data about individuals collected from various sources and compile them into highly detailed portraits to be sold to retailers, service providers, and advertisers.15 An example of a data aggregator is Acxiom Corporation, based in Conway, Arkansas. Acxiom, called the “quiet giant” of the industry, has built the larg ...

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