FTC Privacy Roundtable Background And Summary

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Background and Summary of FTC Privacy Roundtable of December 7, 2009.

Background and Summary of FTC Privacy Roundtable of December 7, 2009.

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  • 1. FTC PRIVACY ROUNDTABLE BEHAVIORAL FEDERAL TRADE PRIVACY CONSUMER REGULATION TRANSPARENCY TARGETING COMMISSION Background and Summary
  • 2. The Past is Prologue
  • 3. 1999 ♦ FTC Conference on Online Profiling ♦ OECD Consumer Protection Guidelines ♦ Network Advertising Initiative 1999-2000 2000 ♦ FTC Report to Congress 1999 2000 2001 2002 2004 2006 2007 2008 2009 2005
  • 4. A Call for Regulation • Commends NAI but . . . • [Recommends] legislation that would set forth a basic level of privacy protection for all visitors to consumer-oriented commercial Web sites with respect to profiling. – Basic standards of practice governing the collection and use of information online for profiling, and provide an implementing agency with the authority to promulgate more detailed standards – [Including] authority to grant safe harbors to self- regulatory principles which effectively implement the standards of fair information practices articulated in the legislation and subsequent rulemaking.
  • 5. 2001 ♦ FTC Conference on Consumer Data ♦ NAI adopts opt-out cookie ♦ Chairman Muris – legislation “premature” 2002-2005 2001-2005 ♦ “Dewey the Turtle” 1999 2000 2001 2002 2004 2006 2007 2008 2009 2005
  • 6. 2006 ♦ CDD FTC Complaint attacking BT ♦ Protecting Consumers in Next TechAde ♦ AOL Release of Search Histories 2006 1999 2001 2002 2003 2005 2006 2007 2008 2009 2000 2004
  • 7. 2007 ♦ Merger Mania ♦ ehavioral Advertising Workshop ♦ CDD “Do Not Track” Proposal ♦ FTC Proposes BT Self-Regulatory Guidelines ♦ Facebook’s Beacon Program 2007 2004 2007 2007 2007 2007 2007 2007 2008 2009 2009
  • 8. 2008 ♦ Industry Pushback on Self Regulatory Principles ♦ NAI Updates Principles ♦ NebuAd and BT 2.0 Blow up on Capitol Hill ♦ FTC Workshop on Mobile Marketplace 2008 2008 2008 2008 2008 2008 2008 2008 2008 2008 2009
  • 9. JAN-AUG 2009 ♦ FTC Releases Revised BT Guidelines ♦ Leibowitz Repeated Warnings to Industry ♦ House hearings, explore BT ♦ IAB, DMA, AAAA Release BT Guidelines 2009 JAN FEB MAR JUNE JULY SEPT NOV DEC DEC DEC
  • 10. SEPT - DEC 2009 ♦ FTC Announces Roundtable ♦ Privacy Wars ♦ FTC Panel on Newspaper Industry ♦ FTC/OECD Conf. on 10th Anniv. Of Guidelines 2009 JAN FEB MAR JUNE JULY SEPT NOV DEC DEC DEC
  • 11. Privacy Wars
  • 12. Privacy Wars
  • 13. Questions for Comment • What risks, concerns, and benefits Roundtable #1 arise from the collection, sharing, and use of consumer information? • Are there commonly understood or recognized consumer expectations about how information concerning consumers is collected and used? • Do the existing legal requirements and self-regulatory regimes in the United States today adequately protect consumer privacy interests?
  • 14. FTC Chairman Leibowitz • We're at another watershed moment in privacy, and the time is right for the commission ... to take a broader look at privacy . . . Our minds are open. • We all agree that consumers don't read privacy policies, or EULAs for that matter. I've been a supporter of opt-in for quite opt- some time.
  • 15. FTC Commissioner Jones-Harbour I believe action has not been a high enough priority to date. [The] United States needs comprehensive privacy legislation. If we continue the piecemeal approach to privacy in this country, we merely push aside the underlying issues. Industry attempts to provide notice and choice to consumers have been insufficient thus far. We have strayed far from the Fair Information Practices that should serve as a baseline for any comprehensive privacy legislation.
  • 16. Shift in Focus – Use not Collection We are taking a look at a number of technologies and business practices— including social networks, cloud computing, mobile, data broker relationships, and behavioral advertising—and will Christopher Olsen Asst. Director - Division of assess both the benefits Privacy and Identity Protection and risks of those practices.
  • 17. Roundtable #2 January 28, 2010 UC Berkeley School of Law Berkeley, California
  • 18. Questions for Comment Roundtable # 2 • What role do privacy enhancing technologies play in addressing Internet-related privacy concerns? • What challenges do innovations in the digital environment pose for consumer privacy, and how can those challenges be addressed without stifling innovation or otherwise undermining benefits to consumers?
  • 19. THANK YOU! 100 Wilshire Blvd., Suite 950 Santa Monica, CA 90401 www.internetlawcenter.net www.ilccyberreport.wordpress.com (blog) Bennet Kelley (310) 452-0401 bkelley@internetlawcenter.net
  • 20. Appendix ♦ Consumer Data Ecosphere Slides ♦ CRS Report on Advertising in Digital Age ♦ About the Internet Law Center ♦ About Bennet Kelley
  • 21. Consumer Data Ecosphere
  • 22. http://www.fas.org/sgp/crs/misc/R40908.pdf
  • 23. About the Internet Law Center The Internet Law Center is dedicated to helping businesses navigate the evolving legal standards for today’s digital economy, while also contributing to the development of the policies of tomorrow. The firm serves a diverse client base that includes startups and public companies both online and offline across North America and Asia. The professionals of the Internet Law Center possess years of practical experience as lawyers and entrepreneurs with internet companies and have played a leading role in shaping Internet law and policy. This unprecedented combination of business, legal and policy experience makes the Internet Law Center uniquely qualified to provide the professional advice needed to address emerging issues of internet law in an uncertain economy. Sign up for the Cyber Report – our award winning newsletter which was named one of the Top 100 Internet Law Resources. It is also available on our blog (along with other materials) at www.ilccyberreport.wordpress.com.
  • 24. About Bennet Kelley Bennet is one of the nation’s leading Internet attorneys and founder of the Internet Law Center. He is Co-Chair of the California Bar Cyberspace Committee and a frequent speaker on the latest developments in Internet law at conferences throughout North America. Bennet also is a regular guest on Webmaster Radio’s “InBoxed”. Bennet has played a leading role in shaping Internet law and policy having testified and lobbied on Internet issues in Washington and Sacramento, winning praise from a key Congressional committee for his contributions to federal spyware legislation. In addition, the Internet Law Center’s bi-weekly newsletter, Cyber Report, was named one of the top 100 Internet law resources and recognized by the LA Press Club.