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Online Advertising Legal Update 2014
Online Advertising Legal Update 2014
Online Advertising Legal Update 2014
Online Advertising Legal Update 2014
Online Advertising Legal Update 2014
Online Advertising Legal Update 2014
Online Advertising Legal Update 2014
Online Advertising Legal Update 2014
Online Advertising Legal Update 2014
Online Advertising Legal Update 2014
Online Advertising Legal Update 2014
Online Advertising Legal Update 2014
Online Advertising Legal Update 2014
Online Advertising Legal Update 2014
Online Advertising Legal Update 2014
Online Advertising Legal Update 2014
Online Advertising Legal Update 2014
Online Advertising Legal Update 2014
Online Advertising Legal Update 2014
Online Advertising Legal Update 2014
Online Advertising Legal Update 2014
Online Advertising Legal Update 2014
Online Advertising Legal Update 2014
Online Advertising Legal Update 2014
Online Advertising Legal Update 2014
Online Advertising Legal Update 2014
Online Advertising Legal Update 2014
Online Advertising Legal Update 2014
Online Advertising Legal Update 2014
Online Advertising Legal Update 2014
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Online Advertising Legal Update 2014

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Presentation for Beverly Hills Bar Ass'n on Nuts and Bolts of Online Advertising,

Presentation for Beverly Hills Bar Ass'n on Nuts and Bolts of Online Advertising,

Published in: Technology, Business
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  • 1. Bennet Kelley www.internetlawcenter.net © 2014. Internet Law Center ONLINE ADVERTISING 2014!
  • 2. DEC 2012 FTC SENDS INFORMATION REQUESTS TO DATA BROKERS 2
  • 3. 
 APRIL 2013
 RAMIREZ CALLS FOR DO-NOTTRACK MECHANISM THAT COVERS ALL DATA COLLECTION “[C]onsumers still await an effective and functioning Do Not Track system, which is now long overdue”. 3
  • 4. 
 
 MAY 2013 
 
 FTC Sting of Data Brokers Shows High Rates of Abuse FTC approached 45 companies seeking such consumer financial data, and "10 appeared willing to sell information without complying with the requirements of the FCRA." 4
  • 5. 
 
 JUNE 2013
 DO NOT TRACK Debate Heats Up as Advocates Seize the Offensive 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 5
  • 6. JUNE 2013 
 IAB: COOKIE CLEARINGHOUSE, “A NUCLEAR FIRST STRIKE AGAINST ADVERTISERS” IAB DENOUNCES COOKIE CLEARINGHOUSE AS KANGAROO C O U RT C A L L S M O Z I L L A’ S M AY E R “ A BOLSHEVIK OF THE INTERNET WORLD”. 6
  • 7. 
 
 
 CALIFORNIA PA S S E S P R I VA C Y L E G I S L AT I O N REQUIRING WEBSITE DISCLOSURE OF HOW THEY HANDLE DO NOT TRACK REQUESTS 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. 7
  • 8. MAR 2014 
 
 FTC TO HOLD ANOTHER BIG DATA WORKSHOP ü  How are companies utilizing these predictive scores? ü  How accurate are these scores and the underlying data used to create them? ü  How can consumers benefit from the availability and use of these scores? ü  What are the privacy concerns surrounding the use of predictive scoring? ü  What legal protections currently exist for consumers regarding the use of predictive scoring, both in the United States and internationally? 8
  • 9. 
 
 
 
 DEC-JAN 2013-14 
 ü  H A R R I S FILES SUIT AGAINST D E LTA O V E R MOBILE APP
 ü  H A R R I S RELEASES BEST PRACTICES GUIDE FOR MOBILE APP Delta won dismissal of suit on preemption grounds. 9
  • 10. FTC Releases Staff Reports on Mobile Privacy D i s c l o s u re a n d highlighting f a i l u re o f d i s c l o s u re s i n Mobile Apps for Kids 10
  • 11. 
 
 What different types of mobile device tracking are companies currently implementing, how do they work, and where are they used? FTC TO HOLD WORKSHOP ON MOBILE DEVICE TRACKING What are the similarities or differences between mobile device tracking and online tracking technologies? 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? 11
  • 12. U P D AT E P R I O R GUIDELINES TO ADDRESS ü  S O C I A L MEDIA
 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*! FTC Updates Dotcom Disclosure Guidelines 12
  • 13. THE FOUR P S ¡ P ROMINENCE
 Is it big enough for consumers to notice?
 ¡ 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 13
  • 14. MULTI-PLATFORMS WEB MOBILE 14
  • 15. THE CURSE OF 140 CHARACTERS 15
  • 16. UOANHO SYNDROME “ J u l i e B ro w n – PS” Use Of Acronym Nobody’s Heard Of 16
  • 17. JUNE 
 2013 FTC ISSUES GUIDANCE TO SEARCH ENGINES 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 17
  • 18. 
 FTC WORKSHOP ON NATIVE ADVERTISING 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. 18
  • 19. FEB 2013 
 Another FTC No Action Letter 19
  • 20. Including one on comparative pricing, that might have spared O v e r s t o c k ’s $6.42 million judgment for deceptive price advertising. 20
  • 21. AMAZON TAX HEADS TO WASHINGTON MARCH APRIL 2013 ü  N E W Y O R K H I G H C O U RT UPHOLDS A M A Z O N TA X 
 ü  S E N AT E PA S S E S MARKETPLACE 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 21
  • 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 Sales Taxes
 
 504 U.S. 298 (1992)
 ¡  New York “Amazon Tax”. Deemed to have in-state presence if 
 §  Affiliate Marketers who receive commissions §  generate gross receipts in excess of $10,000 during preceding four quarters 22
  • 23. AMAZON TAX
 ALL EYES ON WASHINGTON ¡  NEW YORK COURT PUNTS UPHOLDS LAW §  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 DOWN LAW §  Violates Internet Tax Fairness Act (47 USC Section 151) by imposing discriminatory obligations. §  Performance Marketing Ass’n v Hamer, 2013 IL 114496 (2013). 23
  • 24. SUPREME COURT DENIES CERT 24
  • 25. AMAZON TAX
 ALL EYES ON WASHINGTON ¡ M ARKETPLACE FAIRNESS ACT STALLS IN THE HOUSE §  Allow states to collect online sales tax if they are part of Streamlined Sales and Use Tax Agreement §  Small Business Exemption §  Passed Senate 69-27 §  Stalled in the House 25
  • 26. N e w Yo r k A G Busts 19 Companies for writing fake re v i e w s o n Ye l p e t c . I n D e c e m b e r, California AG files indictment against online re p u t a t i o n company linked to re v e n g e p o r n site. 26
  • 27. XCENTRIC VE NTURES, LLC v. ROB ERTS e t al. Court denies Rip-off Report request for preliminary injunction against company promoting boycott of its advertisers. 27
  • 28. 
 DEC 2010 Figh ting In ter net and Wireles s Spam Act (C-28) pas ses JULY 1, 2014 Law and Implementing Regs go into effect 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. 28
  • 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 relationship; 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 address; 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 recipient. 29
  • 30. THANK YOU! Bennet Kelley Internet Law Center
 100 Wilshire #940
 Santa Monica, CA 90401
 www.internetlawcenter.net (310) 452-0401 bkelley@internetlawcenter.net Twitter: InternetLawCent WPBlog: ILCCyberReport Sign Up for our Newsletter on our website. Also be sure to listen to Cyber Law and Business Report Wednesdays at 10AM Pacific on WebmasterRadio.fm. Download the WebmasterRadio mobile app and take us with you. Website: Cyberlawradio.com Twitter: CyberLawRadio 30

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