The document summarizes emerging technologies like cloud computing, social media, and mobile and how they are blurring the lines between search, surveillance, and privacy. It notes how these converging technologies are transforming the world while also raising implications for advertising, marketing, and potential consumer confusion. The document also examines some of the key issues and trends around these technologies like privacy and data security, intellectual property, and how everything is currently changing.

2. The Tornado Hits Kansas
(and the rest of the world)

3. 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

4. If I Only Had Courage
The Rise of Cloud Computing
Cloud Computing:
Dynamically
scalable virtualized Yeah, it's sad, believe
me, Missy,When you're
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

5. 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

6. 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

7. If I Only Had A Heart
The Rise of Social Media
“The web is more a social
creation than a technical one. When a man's an empty
kettle, He should be on
I designed it for a social effect his mettle, And yet I'm
torn apart. Just because
– to help people work I'm 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”

8. 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.

9. 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.

10. 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 I'd be scratchin'
While my thoughts were busy
hatchin'
If I only had a brain.
Payments Prescriptions
Books DVR
Currency Podcasts
Bluetooth ID & GPS
Security

11. 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

12. 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

13. 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…‛

14. 1993
On the Internet, nobody knows you’re a dog.

16. 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.

17. 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.

18. 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.

19. Technology Changes the Rules
and the Game

20. 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.

22. 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

23. Does This Make You Happy
or Make You Nervous?
Pizza Palace ‘30 Minutes or it’s Free’

25. 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

26. Thank You !
April 22-25 • South Seas Island Resort • Captiva Island, Florida
Questions??
Joseph I. Rosenbaum
Partner & Chair
Advertising Technology & Media Law Practice
T: 212 702—1303 M: 646 522-0083
jrosenbaum@reedsmith.com
www.LegalBytes.com