“If everything seems under control, you’re just not going fast enough.” Mario Andretti
Sis tue 0845 joseph rosenbaum
The Tornado Hits Kansas (and the rest of the world)
Pay no attention to that man behind the curtain! So let’s look behind the curtain at the implications to advertising, marketing ‚What chance has the and the confusion arising between ignorant, uncultivated search, surveillance and privacy, liar against the educated expert? What chance spawned by the convergence of three have I . . . . against a innovative technological platforms that lawyer?‛ Mark Twain, ‚On the Decay of the Art are also transforming our world: of Lying,‛ 1882 Cloud Computing Social Media/Networking Mobile/Wireless
If I Only Had Courage The Rise of Cloud Computing Cloud Computing: Dynamically scalable virtualized Yeah, its sad, believe me, Missy,When youre information services born to be a sissy, Without the vim and verve. But I could show delivered on demand my prowess, Be a lion, not a "mowess,‚ If I only over the Internet. had the nerve. Yankee Group: ‚Clouds in 2010: Vendor Optimism Meets Enterprise Realities, Yankee Group Research, Inc. AND With IPv6 there will be a unique, static IP address for every device
Cloud Computing What Me Worry? Privacy & Data Security Business Continuity Regulatory Compliance Insurance Intellectual Property Antitrust – Competition Ownership Pricing Performance Metrics Availability & Access Jurisdiction Shared Applications Litigation & Government Shared Infrastructure Contractual Relationship Shared Data Resources Termination Competitive Issues Tax Enforcement Issues Disaster Recovery INTEROPERABILITY
Cloud Trends to Watch Telecom providers will begin Cloud providers to close the gap between will be able to grow public and private cloud mindshare but not environments market share (yet) Private clouds present both opportunities and challenges Cloud providers and infrastructure builders will invest in security and compliance management The collaboration between infrastructure builders and software vendors will intensify
If I Only Had A Heart The Rise of Social Media “The web is more a social creation than a technical one. When a mans an empty kettle, He should be on I designed it for a social effect his mettle, And yet Im torn apart. Just because – to help people work Im presumin‘ That I could be kinda human together – and not as a If I only had a heart. technical toy.” Tim Berners-Lee, “Weaving the Web: The Original Design and Ultimate Destiny of the World Wide Web”
Another “C” ??? Social Media Market Dynamics In the 1970s, Deep Throat, a sexually explicit pornographic movie migrated sexually Remember Content Context Control explicit sex from the home into the movie theater – hardly •Enable Conversations confidential, private or hidden from public •Influence Conversations view. Yet also in the 1970s, the label ‚Deep •Monitor Conversations Throat‛ became the code-name for the confidential source used •React to Conversations by Carl Bernstein and Bob Woodward of The •Monetize Conversations Washington Post investigating the Watergate scandal during the Nixon In social media add: Conversation administration.
And now social climbing? Given that studies consistently show consumers trust other consumers – their peers – more than advertisers (and government) when it comes to product and service recommendations, does it come as any surprise that ‘influence’ peddling has now been extended to consumers.
If I Only Had A Brain . . . . . The Rise of Mobile Tickets to Discount Events Newspapers Coupons & Magazines Web Access TV, Radio Search & E-mail & Movies I could wile away the hours, Conferrin with the flowers, Text, Image Consultin with the rain. & Voice Music And my head Id be scratchin While my thoughts were busy hatchin If I only had a brain. Payments Prescriptions Books DVR Currency Podcasts Bluetooth ID & GPS Security
Advertising Goes Has Gone Mobile Web Technology, GPS, RFID, Bluetooth, Virtual Reality, QR Codes, Augmented Reality Overlaid with Mobile Further Blurs Surveillance and Privacy User Search & Input Social Networking with Location Sharing Geo Targeting – Location, Location, Location Coupling Location with Context Coupling Location with Behavior Coupling Location with Content Location Sharing Capabilities • Among Users; Among Devices; Among Others
Lions and Tigers and Bears, Oh My! Content = Intellectual Property "Content is King‚ William Henry "Bill" Gates III, essay of the same title, 1996. Context = Search, Surveillance ‚It is of interest to note that while some dolphins are reported to have learned English - up to fifty words used in correct context - no human being has been reported to have learned dolphinese.‛ Carl Sagan Control = Privacy = $$$$$$ ‚Privacy is the right to be alone--the most comprehensive of rights, and the right most valued by civilized man.‛ Louis D. Brandeis
The ________ to Privacy ?? "The Right to Privacy" Louis Brandeis & Samuel Warren ‚The intensity and 4 Harvard Law Review, 193-220 (1890-91) complexity of life, attendant upon advancing civilization, have rendered necessary some retreat from the world…solitude and privacy have become more essential to the individual; but modern enterprise and invention have, through invasions upon his privacy, subjected him to mental pain and distress…‛
1993 On the Internet, nobody knows you’re a dog.
2012 On the Internet, everybody knows you’re a male beagle who prefers dry dog food, sneaks into the master’s bedroom, lying on the bed watching cable and who wears a specially designed, hypo-allergenic flea collar.
I Have a Feeling We’re Not In Kansas Anymore Privacy is no longer just about controlling access to us and information about us. We have become schizophrenic in our use of terminology and distinguishing between the information and the collection and use of the information. Sometimes I lie awake at References to privacy are now consistently and night and ask ‚Where have I gone wrong?‛ persistently used to refer to online search, Then a voice says to me, surveillance, data matching, data mining, ‚This is going to take profiling, geo-targeting and other forms of more than one night.‛ behavioral data gathering Charlie Brown, from Peanuts, by Charles Schulz Perceived as a belief there is also a right to control information about us . . . even if that information is publicly available and even if it is neither confidential, nor sensitive.
Everyone is Schizophrenic, Why Should the Law Be Different Surveillance is viewed both as a way to avoid or minimize risk and also as a cause of risk. We welcome the prevention Law of accidents, terrrorism and crime, but bemoan the intrusion by governments, Contextual & Societal corporations and private Norms & Rules citizens, into our private lives and the use and exploitation of information Technology/Platform about us.
Changing the Tires on a Moving Car? Governmental intervention may be necessary to protect consumers from abuse, but can a concretized, codified piece of legislation remain relevant or defensible as innovation and technology which could not be predicted remains unpredictable? Since consumer privacy and data protection have always been context specific and will continue to evolve, how can they be harmonized across nations, cultural and local boundaries; Mobile devices will expand the domain of advertising, challenging the ability to capture consumers’ interest on mobile screens, while the opposite takes place in living rooms – distinctions between desktop computing and home entertainment being irrelevant; Cloud computing and interoperable providers will make content, application programming and processing accessible anywhere, anytime and will effectively outsource the evolution of technology, making distinctions between and among devices irrelevant. Online gaming and the interplay between gaming console, entertainment and product placement, virtual worlds and display advertising are all blurring (pardon the pun) right before our eyes. Since advertising models and economics, together with legal frameworks, continue to change, with metrics and quantification methodologies argued over, the roles of advertisers, agencies, media buyers, broadcast and publishing networks as well as ISPs, search engine, browser and web hosting companies – the technology players – will also continue to change.
Everything is Changing And Change is Difficult If consumers are empowered and brands and advertisers and agencies can’t control what they traditionally controlled then: •Advertising & Marketing must change; •Economics & Revenue Streams must change; •Rules of Engagement must change; and •Regulation, Law & Lawyers must change! But Change is Difficult
Does This Make You Happy or Make You Nervous? Pizza Palace ‘30 Minutes or it’s Free’
Resources – More Information www.adlawbyrequest.com www.advertisingcompliancelaw.com www.reedsmith.com/networkinterference http://www.reedsmith.com/cloudcomputing Coming Soon: Mobile Mayhem: A Legal Guide to a Wireless World
Thank You ! April 22-25 • South Seas Island Resort • Captiva Island, Florida Questions??Joseph I. RosenbaumPartner & ChairAdvertising Technology & Media Law PracticeT: 212 702—1303 M: 646 email@example.com.LegalBytes.com