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Changing markets (2012 VOASA Conference)
Changing markets (2012 VOASA Conference)
Changing markets (2012 VOASA Conference)
Changing markets (2012 VOASA Conference)
Changing markets (2012 VOASA Conference)
Changing markets (2012 VOASA Conference)
Changing markets (2012 VOASA Conference)
Changing markets (2012 VOASA Conference)
Changing markets (2012 VOASA Conference)
Changing markets (2012 VOASA Conference)
Changing markets (2012 VOASA Conference)
Changing markets (2012 VOASA Conference)
Changing markets (2012 VOASA Conference)
Changing markets (2012 VOASA Conference)
Changing markets (2012 VOASA Conference)
Changing markets (2012 VOASA Conference)
Changing markets (2012 VOASA Conference)
Changing markets (2012 VOASA Conference)
Changing markets (2012 VOASA Conference)
Changing markets (2012 VOASA Conference)
Changing markets (2012 VOASA Conference)
Changing markets (2012 VOASA Conference)
Changing markets (2012 VOASA Conference)
Changing markets (2012 VOASA Conference)
Changing markets (2012 VOASA Conference)
Changing markets (2012 VOASA Conference)
Changing markets (2012 VOASA Conference)
Changing markets (2012 VOASA Conference)
Changing markets (2012 VOASA Conference)
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Changing markets (2012 VOASA Conference)

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  • \n
  • My name is Paul Jacobson. I am web.tech.law’s director and a self-styled Web and digital media lawyer. This is where you can find me on Twitter, feel free to talk about me as we go.\n
  • \n
  • The temptation is to think that everything is different since the Web became social and that the way we do everything has changed\n
  • The truth, as I see it, is that while the means we use to do what did before have changed, our underlying behaviours are pretty much the same\n
  • This is where things are changing rapidly. The Cluetrain is the unheralded social media bible. It talks about a shift from a command and control approach to business to a conversational model which is fast becoming the norm.\n
  • When the Web became social, a variety of new social platforms emerged which are changing how we do virtually everything.\n
  • Much of what people are doing on the social Web, they did before they started using social media\n
  • \n
  • When you market to your potential customers, you may think you are engaging with your customers like this ...\n
  • But what your customers experience is more like this!\n
  • The impact on marketing has been profound. For one thing it has given marketers ways to collect vast amounts of personal information.\n
  • Privacy is about choice more than its about secrecy.\n
  • If you did, was the consent opt-in or opt-out?\n
  • The policy is the basis for consent to process personal information. This is confusing and contradictory:\n1. 1 month validity (and consent ends?). 2. Opt-out focus when policy changes?\n
  • Is this consistent with informed consent? Customers are aware they are transacting with VOASA but do they expect their personal information to be passed around like this?\n
  • \n
  • POPI is still being drafted but incorporates stronger opt-in requirements for electronic marketing (SMS, email)\n
  • POPI is largely hypothetical but these two self-regulatory codes are in effect now.\n
  • \n
  • Where many marketers go wrong is they expect the Web to be another 1 way push channel. Remember, this is a conversational medium. Prospective and existing customers are talking about you.\n
  • Some of those customers are very vocal about your marketing practices\n
  • Streisand-Giggs-Spear Effect: where traditional legal approaches dramatically aggravate the harm clients have suffered in spite of clear legal remedies that should prevent further harm. Barbara Streisand (2003). Coastal properties photographed, sued for $50 million for privacy infringement, went public, 420 000+ views\n
  • Streisand-Giggs-Spear Effect: where traditional legal approaches dramatically aggravate the harm clients have suffered in spite of clear legal remedies that should prevent further harm. Barbara Streisand (2003). Coastal properties photographed, sued for $50 million for privacy infringement, went public, 420 000+ views\n
  • \n
  • It may not matter what your legal rights are, you customers probably don’t care.\n
  • \n
  • \n
  • \n
  • Transcript

    • 1. Changing PlatformsThe more things change ... and then they do
    • 2. @pauljacobson* * Something for you at the end of this presentation
    • 3. Some quotes I like
    • 4. “The only constant is change” Heraclitus (535 BC – 475 BC)
    • 5. “The more things change, the more they stay the same.” English proverb (derived from French saying)
    • 6. “Markets are conversations ...” Cluetrain Manifesto (1999) http://cluetrain.com/
    • 7. How are you talking to your customers?
    • 8. Doing things the way theywere always done is part of the problem
    • 9. You maythink you’reengaging like this ...
    • 10. Technological change has radically expanded the marketplace
    • 11. Privacy = choice
    • 12. Did you get consent?
    • 13. This policy is valid for one month from the time youvisit our site. If our information practices change in thefuture, we will use only data collected from the time of the policy change forward for these new purposes, or we will contact you before we use your data for these new purposes and offer you the ability to opt out of these new uses. – VOASA Privacy Policies for Businesses and Consumers
    • 14. “For Web site visitors who make purchases or otherwise sign on toour site…When you sign on to our site or make a purchase, we collect yourname, company name, contact information, profile and preferenceinformation.When you make a purchase we retain the details of your currentpurchase and we keep information on your purchase history.This information is used by us and/or our agents: to support yourinteraction with our site, to deliver your purchases and to contactyou again about other services and products we offer. We may alsoshare your name and geographic address with our members whohave offers we think may interest you. These members may in turncontact you.” – VOASA Privacy Policies for Businesses and Consumers
    • 15. You need to do things a little differently ...
    • 16. Protection of Personal Information Bill
    • 17. WASPA and ISPA Codes
    • 18. One more thing ...
    • 19. “If you try to stick up for what you have alegal right to do, and youre somewhatworse off because of it, thats an interestingconcept.” Michael Avery, Toshiba’s attorney, commenting on the 2007 Digg revolt
    • 20. Something for you:http://j.mp/VOASAstuff * * Copy of this presentation, some links and more.
    • 21. Thank you!
    • 22. Paul Jacobson @pauljacobsonpaul@webtechlaw.com Web•Tech•Law @webtechlawwebtechlaw.com

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