Compliance. It' More Than A Buzz Word
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Compliance. It' More Than A Buzz Word

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This panel will present a survival guide to existing in an industry that is regulated by the Federal government, 50 state attorneys' general, industry associations and self appointed watchdog groups.

This panel will present a survival guide to existing in an industry that is regulated by the Federal government, 50 state attorneys' general, industry associations and self appointed watchdog groups.

More in: Technology , Business
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  • 1. Compliance. It’s More than a Buzz Word Moderator Steven Richter, President & General Counsel, Media Breakaway, LLC Panelists Sanj Goyle, Sr. Director of Lead Generation, Yahoo, Inc. Carolyn Hodge, VP of Communications, TRUSTe Gary Kibel, Partner, Davis & Gilbert LLP
  • 2.
    • Our Goal: 100% Compliance
  • 3. Be Proactive
    • Prepare (To Be Compliant)
      • Keep current regarding compliance statutes, case law, regulations & industry standards and support industry wide compliance practices
    • Prevent (Being Non-Compliant)
      • Thorough Affiliate & Advertiser application process
    • Protect (Your Integrity)
      • Identify compliance issues and take appropriate action
  • 4. Compliance. It’s More than a Buzz Word Gary Kibel Partner Davis & Gilbert, LLP
  • 5. Can Spam – Enforcement Actions
    • FTC v. Cleverlink
      • (July 2006)
      • Defendant’s “date lonely wives” spam violated nearly every provision of Can Spam:
        • Contained misleading headers and deceptive subject lines
        • Failed to allow consumers to opt-out
        • Failed to contain a physical address
        • Did not label the content “SEXUALLY-EXPLICIT”
      • Defendants order to pay $2,635,000 (reduced to $303,000 based upon available assets)
    Prepare
  • 6. Defendant ordered to sell 2001 Dodge Viper Prepare
  • 7. Affiliate Monitoring Program
      • Stipulated Affiliate Monitoring Program
        • Obtain Affiliate’s name , physical address, tel #, email, DOB & bank account info.
        • Provide each Affiliate a copy of the FTC-Cleverlink Order .
        • Obtain from each Affiliate a written agreement to comply with the FTC Order and CAN SPAM.
        • Put email address on first page consumer visits for reporting violations.
        • Comply with all industry standards .
        • Investigate all consumer complaints.
        • Require consumers to indicate how procured (i.e., email, banner).
        • Immediately terminate any Affiliate who violates Cleverlink’s contract, CAN SPAM or the FTC Order.
        • Notify all Affiliates that violations will result in immediate termination and forfeiture of all monies earned.
        • Provide links to Cleverlink’s commercial email policy .
        • Require Affiliates to maintain records to prove compliance.
    Prepare
  • 8. Affiliate Liability? - NO
    • FTC v. Impulse Media
    • (May 2008)
      • Defendant’s affiliate program terms prohibited email.
      • Defendant provided affiliates with creative materials.
      • Court/Jury held that Impulse Media did not “initiate” the spam.
        • “ The Court rejects plaintiff’s effort to characterize the CAN-SPAM Act as a strict liability statute……the plain language of the Act requires that plaintiff prove that defendant intentionally paid or induced another party to undertake the specific act of sending a commercial email.”
    Prepare
  • 9. Enforceability Concerns
    • Greer v. 1-800 Flowers.Com Inc. (Texas – 2007)
      • Facts
      • Internal Procedures
      • Website Privacy Policy
    Prepare
  • 10. Compliance. It’s More than a Buzz Word Sanj Goyle Sr. Director of Lead Generation Yahoo! Inc.
  • 11. Yahoo! Mail Feedback Loops The current Yahoo! Mail feedback loop program is temporarily shut down. An improved, streamlined and AUTOMATED system will be launching by the end of September. http://help.yahoo.com/l/us/yahoo/mail/postmaster/ Prepare How does Yahoo! Mail help senders minimize complaint rates?
  • 12. Yahoo! Mail White Lists
    • Senders undergo a subjective evaluation by Yahoo!’s Mail team.
    • Two major factors are considered:
    • Quantity of mail being sent from servers
    • Number of complaints received by users
    Prepare How does a sender get on Yahoo! Mail’s White List? Yahoo! Mail protects its users against unwanted mail, regardless if they have opted-in or not. The SENDER must ensure that their opt-ins are properly disclosed and meaningful.
  • 13. Guidelines and Best Practices Prepare http://help.yahoo.com/l/us/yahoo/mail/postmaster/ http://www.maawg.org/about/MAAWG_Sender_BCP
  • 14. Compliance. It’s More than a Buzz Word Carolyn Hodge VP of Communications TRUSTe
  • 15. TRUSTe: Self Regulation and Certification
    • Certification to standards, monitoring and enforcement for publishers/ 2,000 consumer websites and their service providers and ~24 software publishers (ComScore, Conduit, WeatherBug, Coupons)
    • Get to know the rules of the road for consumer data collection and privacy (TRUSTe, NAI, IAB, OPA)
    • For lead collection the seal of approval can lift registrations by 20+%, for consumer brands collecting data 3-5% increase
    Prepare
  • 16. TRUSTe Best Practices
    • DO know where your brand is being distributed and promoted.
    • DO implement security and audit measures to verify correct notices are presented to consumers by affiliates and distribution partners.
    • DO implement security and audit measures to verify that consent is obtained from the consumer prior download or engagement.
    • DO have a contract with your distribution and promotion partners that binds them to good practices.
    • DON'T assume a contract with your distribution partners or affiliates fully protects you. It's still your responsibility to monitor their practices for compliance. 
    • Develop a monitoring and alert scheme for monitoring affiliates or distributors
    • Enforce similar monitoring contractually on affiliates, distributors, and sub-affiliates
    Prepare
  • 17. Compliance & Enforcement Trends
    • Increasing consumer privacy complaints
    • Majority of serious compliance issues for websites result from partner or affiliate slip–ups
    • TDP Monitors 3 major affiliate networks for 24 companies
    • For software distributors all serious enforcement actions were rogue distribution or low distribution controls
      • Miva A lot Toolbar, Rabio SearchHancer and ComScore Relevant Knowledge
    Prepare
  • 18. Prevent Ringtone Checklist Pending Affiliate Checklist Ad Checklist Ringtones Marketing Guidelines
  • 19. Protect Termination Notice Compliance Review Affiliate Agreement
  • 20.
    • Q&A