Do Not Track & Search Marketing<br />Travis Crabtree<br />Looper Reed & McGraw<br />Tuesday, March 8, 2011 <br />SMX Searc...
Privacy	<br />Recent inventions and business methods call attention to the next step which must be taken for the protectio...
Louis Dembitz Brandeis<br />
Penumbra<br />the part of a shadow where the light source is only partially blocked<br />http://en.wikipedia.org/wiki/Penu...
http://www.maximumpc.com/files/u46168/federal-trade-commission-ftc-logo_jpg.png<br />
The Good . . .<br />“Companies are using this information in innovative ways to provide consumers with new and better prod...
The Bad . . . <br />http://www.seeklogo.com/<br />
Privacy by Design<br />Companies should promote consumer privacy throughout their organizations at every stage of the deve...
Simplified Choice<br />Companies should simplify consumer choice.<br />Companies do not need to provide choice before coll...
Greater Transparency	<br />Companies should increase the transparency of their data practices.<br />Privacy notices should...
DoNotTrack<br />
Legislation<br />
Perception<br />http://www.peopleofwalmart.com/<br />
I Always Feel Like . . . <br />http://www.seeklogo.com/<br />
Travis CrabtreeLooper Reed & McGraw<br />tcrabtree@lrmlaw.com<br />www.lrmlaw.com  |  www.emedialaw.com<br />713.986.7000<...
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SMX Do Not Track & Search Marketing

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  • Instantaneous photographs and newspaper enterprise have invaded the sacred precincts of private and domestic life; and numerous mechanical devices threaten to make good the prediction that &quot;what is whispered in the closet shall be proclaimed from the house-tops.&quot; For years there has been a feeling that the law must afford some remedy for the unauthorized circulation of portraits of private persons;[11] and the evil of invasion of privacy by the newspapers, long keenly felt, has been but recently discussed by an able writer.  Harvard Law Review 1890
  • SPAMSpywareCOPPA
  • Been there before. in 2000, FTC put out a similar report, and no action was taken.
  • SMX Do Not Track & Search Marketing

    1. 1. Do Not Track & Search Marketing<br />Travis Crabtree<br />Looper Reed & McGraw<br />Tuesday, March 8, 2011 <br />SMX Search Marketing Expo <br />
    2. 2. Privacy <br />Recent inventions and business methods call attention to the next step which must be taken for the protection of the person, and for securing to the individual what Judge Cooley calls the right “to be let alone”.<br />
    3. 3. Louis Dembitz Brandeis<br />
    4. 4. Penumbra<br />the part of a shadow where the light source is only partially blocked<br />http://en.wikipedia.org/wiki/Penumbra<br />
    5. 5. http://www.maximumpc.com/files/u46168/federal-trade-commission-ftc-logo_jpg.png<br />
    6. 6. The Good . . .<br />“Companies are using this information in innovative ways to provide consumers with new and better products and services.”<br />“…the significant benefits enabled by the increasing flow of information.”<br />http://www.ftc.gov/os/2010/12/101201privacyreport.pdf<br />
    7. 7. The Bad . . . <br />http://www.seeklogo.com/<br />
    8. 8. Privacy by Design<br />Companies should promote consumer privacy throughout their organizations at every stage of the development of their products and services.<br />Companies should incorporate substantive privacy protections into their practices, such as data security, reasonable collection limits, sound retention practices, and data accuracy.<br />Companies should maintain comprehensive data management procedures throughout the life cycle of their products and services<br />http://www.ftc.gov/os/2010/12/101201privacyreport.pdf<br />
    9. 9. Simplified Choice<br />Companies should simplify consumer choice.<br />Companies do not need to provide choice before collecting and using consumers’ data for commonly accepted practices, such as product fulfillment.<br />For practices requiring choice, companies should offer the choice at a time and in a context in which the consumer is making a decision about his or her data.<br />http://www.ftc.gov/os/2010/12/101201privacyreport.pdf<br />
    10. 10. Greater Transparency <br />Companies should increase the transparency of their data practices.<br />Privacy notices should be clearer, shorter, and more standardized, to enable better comprehension and comparison or privacy practices.<br />Companies should provide reasonable access to the consumer data they maintain; the extent of access should be proportionate to the sensitivity of the data and the nature of its use.<br />Companies must provide prominent disclosures and obtain affirmative express consent before using consumer data in a materially different manner than claimed when the data was collected.<br />All stakeholders should work to educate consumers about commercial data privacy practices.<br />http://www.ftc.gov/os/2010/12/101201privacyreport.pdf<br />
    11. 11. DoNotTrack<br />
    12. 12. Legislation<br />
    13. 13. Perception<br />http://www.peopleofwalmart.com/<br />
    14. 14. I Always Feel Like . . . <br />http://www.seeklogo.com/<br />
    15. 15.
    16. 16. Travis CrabtreeLooper Reed & McGraw<br />tcrabtree@lrmlaw.com<br />www.lrmlaw.com | www.emedialaw.com<br />713.986.7000<br />

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