1. Bennet Kelley
© 2014. Internet Law Center
ONLINE ADVERTISING 2014!
“[C]onsumers still await an effective and functioning
Do Not Track system, which is now long overdue”.
FTC Sting of
FTC approached 45 companies seeking such consumer
financial data, and "10 appeared willing to sell
information without complying with the requirements of
ü  FTC Commissioner Brill cites Snowden ﬁasco in
launching “Reclaim Your Name” initiative
ü  Mozilla-Stanford team up for cookie clearinghouse to
block 3rd party cookies
ü  Still not operational
IAB: COOKIE CLEARINGHOUSE,
“A NUCLEAR FIRST STRIKE AGAINST
C O U RT
C A L L S M O Z I L L A’ S
M AY E R “ A
PA S S E S
P R I VA C Y
L E G I S L AT I O N
OF HOW THEY
ü  The categories of personally identifiable information (“PII”) collected;
ü  the categories of third-parties with whom the information is shared;
ü  whether there is a process for the consumer to review information
collected and/or make changes;
ü  whether 3rd parties collect a user’s PII; and
ü  how the website responds to DNT requests.
FTC TO HOLD
ü  How are companies utilizing these predictive scores?
ü  How accurate are these scores and the underlying data used to
ü  How can consumers beneﬁt from the availability and use of these
ü  What are the privacy concerns surrounding the use of predictive
ü  What legal protections currently exist for consumers regarding the
use of predictive scoring, both in the United States and
ü  H A R R I S
D E LTA O V E R
ü  H A R R I S
Delta won dismissal of suit on preemption grounds.
10. FTC Releases
Staﬀ Reports on
D i s c l o s u re a n d
f a i l u re o f
d i s c l o s u re s i n
Mobile Apps for
What different types of mobile device tracking are companies currently implementing, how do
they work, and where are they used?
What are the similarities or differences between mobile device tracking and online tracking
What types of information and benefits do retailers gain from these technologies?
What benefits do consumers derive from these technologies?
What are the privacy and security risks associated with these technologies?
How are companies addressing these risks?
What information and choices are provided to consumers about this type of tracking?
How anonymous is the tracking?
12. U P D AT E P R I O R
ü  S O C I A L
ü  M U LT I P L E
P L AT F O R M S
Hey @InternetLawCent check out our
new .com Disclosure Guides. Its Free*!
Dotcom Disclosure Guidelines
13. THE FOUR P S
¡ P ROMINENCE
Is it big enough for consumers to
¡ P RESENTATION
I s w o rd i n g a n d f o r m a t e a s y f o r
consumers to understand?
¡ P LACEMENT
Is it where consumers will look?
¡ IPi ROXIMITY
c l a i m i t q u a l i ﬁ e s ?
s t close to the
15. THE CURSE OF 140 CHARACTERS
“ J u l i e B ro w n –
Result s integrated into the natural search results, search
e ng ine s should use:
¡  MORE PROMINENT SHADI NG that has a clear outline;
¡  A PROMINENT BORDER th at distinctly sets oﬀ
advert isi ng from the natura l search results; or
¡  TEXT CUES
Increasingly, advertisements that more closely
resemble the content in which they are embedded are
replacing banner advertisements – graphical images
that typically are rectangular in shape – on publishers’
websites and mobile applications.
FTC No Action Letter
20. Including one
O v e r s t o c k ’s
21. AMAZON TAX HEADS TO
ü  N E W Y O R K
H I G H C O U RT
A M A Z O N TA X
ü  S E N AT E
PA S S E S
FA I R N E S S A C T
“Don't tax you, don't tax me, tax that man behind the tree.”Sen . Russell B. Long
22. AMAZON TAX
¡  Quill v North Dakota:
Adopts Bright Line Rule
under Due Process and
Commerce Clause: Need
Physical Presence in State
to Be Required to Collect
504 U.S. 298 (1992)
¡  New York “Amazon Tax”.
Deemed to have in-state
§  Aﬃliate Marketers who receive
§  generate gross receipts in
excess of $10,000 during
preceding four quarters
23. AMAZON TAX
ALL EYES ON WASHINGTON
¡  NEW YORK COURT PUNTS UPHOLDS
§  The world has changed dramatically in the last two
decades, and it may be that the physical presence
test is outdated. An entity may now have a profound
impact upon a foreign jurisdiction solely through its
virtual projection via the Internet. That question,
however, would be for the United States Supreme
Court to consider.
§  Amazon has ﬁled petition for cert.
Overstock.com v. New York, 20 NY3d 586 (2013).
¡  ILLINOIS SUPREME COURT STRIKES
§  Violates Internet Tax Fairness Act (47 USC Section
151) by imposing discriminatory obligations.
§  Performance Marketing Ass’n v Hamer, 2013 IL
24. SUPREME COURT DENIES CERT
25. AMAZON TAX
ALL EYES ON WASHINGTON
¡ M ARKETPLACE
STALLS IN THE
§  Allow states to collect online
sales tax if they are part of
Streamlined Sales and Use
§  Small Business Exemption
§  Passed Senate 69-27
§  Stalled in the House
26. N e w Yo r k A G
re v i e w s o n
Ye l p e t c .
I n D e c e m b e r,
re p u t a t i o n
re v e n g e p o r n
ROB ERTS e t al.
Court denies Rip-off Report request for preliminary
injunction against company promoting boycott of its
In ter net and
Wireles s Spam
JULY 1, 2014
Regs go into
Canada’s enforcement authorities indicated they were ramping up and their first
enforcement priority would “the most egregious violators: the high-volume spammers, the
6,000 malicious URLs and the 20 botnets currently located in Canada.”
Photo Creative Commons “Canada’s Gold” by Sheezix1000.
29. KEY PROHIBITIONS
ü Sending commercial email
without express or implied
consent of the recipient
ü I mplied consent if existing
business or non-business
ü I mplied consent if posting
email address on website or
providing business card
without a statement indicating
not to send unsolicited
commercial email .
ü Failure to include opt-out
mechanism and identify
the advertiser by name and
ü Alteration of transmission
data in an electronic
message to a destination
other than that speciﬁed
by the sender without
express consent; and
ü Installation of a computer
program on another
person's computer without
express consent of the
30. THANK YOU!
Internet Law Center
100 Wilshire #940
Santa Monica, CA 90401
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