Archives: Behavioral Advertising

Subscribe to Behavioral Advertising RSS Feed

FTC Settles Complaint against Mobile Ad Network InMobi over Location-Data Collection & COPPA Violations

The FTC announced today that it reached a settlement with mobile ad network InMobi. InMobi offers a software-development kit (SDK) that its third-party app-developer customers can integrate into their mobile applications. The SDK allows InMobi to target advertisements to app users based on data collected and allows the app developer to thereby better monetize its advertising … Continue Reading

New State Privacy Regulation for Connected Televisions

California will become the first state in the nation to regulate information gathered by connected television manufactures through the televisions they sell. Assembly Bill No. 1116 (“AB 1116”) was signed into law by California Governor Jerry Brown on October 6, 2015 and will take effect January 1, 2016. There are three major provisions to AB … Continue Reading

ALERT: Google’s Plan to Open Its Services to Children Could Spur Changes to COPPA Enforcement

Recent reports indicate that Google is developing a program that would allow children under the age of 13 to obtain accounts on Google services such as Gmail and YouTube.  The Wall Street Journal  recently reported that “Google is trying to establish a new system that lets parents set up accounts for their kids, control how … Continue Reading

FTC Report: Mobile Apps For Kids Not Making The Grade (NOTE: Not Just A Privacy Report)

On December 10, 2012, the FTC released a follow-up to its February 2012 report on mobile apps for kids.  The February 2012 report found that little or no information was available to parents about the privacy practices of the mobile apps the FTC surveyed on Apple’s App Store and Google’s Android Market.  The FTC’s follow-up report finds … Continue Reading

FTC Recommends Best Practices for Facial Recognition Technologies

Regardless of your view of government, you have to on some level hand it to the Federal Trade Commission (“FTC”).  It is doggedly persistent, like perhaps few other federal agencies, in working to stay ahead of the ever breaking digital security and privacy wave. At the end of 2011 the FTC hosted a unique workshop … Continue Reading

Posting a Privacy Policy May Not Be Enough – NARC to Enforce Industry Principles

If your company has a posted privacy policy, it may be a good time to confirm that the cookies, tracking technologies, and other activities currently being used on your web site or sites are still consistent with your existing policy and industry standards. The National Advertising Review Counsel ("NARC") of the Better Business Bureau has recently … Continue Reading

The Kerry-McCain Bill

Dave, Scott and I recently spoke with Nymity about the Commercial Privacy Bill of Rights Act of 2011 introduced by Senators John Kerry (D-MA) and John McCain (R-AZ) last Tuesday. You can read the interview here. We provide a general summary of the bill and identify some of the key challenges organizations will face if the bill becomes law. … Continue Reading

Privacy a Key Concern (and Opportunity) for Venture Capital Firms

Venture capitalists (good ones, at least) focus heavily on changing market dynamics to help mitigate the tremendously high risk of investing in pre-seed, seed and early stage companies. As online privacy becomes an increasingly prominent concern, Internet companies and the VCs that back them should develop a solid understanding of the changing legal and regulatory … Continue Reading

FTC’s Report on Privacy Sets Forth Framework for Consumers, Businesses and Policymakers

On December 1, 2010, the Federal Trade Commission issued a preliminary report entitled "Protecting Consumer Privacy in an Era of Rapid Change, A Proposed Framework for Businesses and Policymakers". The report proposes a framework to balance the privacy interests of consumers with innovation that relies on consumer information to develop beneficial new products and services. … Continue Reading

Reactions to the Boucher Bill, Part Two

This post is Part Two in my review and discussion of some of the comments submitted in the response to the Boucher Bill privacy and data security legislation discussion draft. As in Part One, Part Two will describe and summarize at a high level some (but not all) of the issues identified by the commenters. Part Two covers comments submitted by American Business Media (ABM), which focuses on the Business-to-Business online information market; the Association of National Advertisers (ANA); the Marketing Research Association (MRA), an association of the survey and opinion research profession; the National Retail Federation and Shop.org (collectively, NRF); and the U.S. Chamber of Commerce. … Continue Reading

Reactions to the Boucher Bill, Part One

As previously reported, in early May Reps. Rick Boucher (D-Va.) and Cliff Stearns (R-Fla.) introduced a discussion draft of proposed federal privacy and data security legislation. Reps. Boucher and Stearns sought comments on the discussion draft, setting a deadline of last Friday, June 4, 2010. Numerous organizations have submitted comments. This multi-part post will describe and summarize, at a high level, some (but not all) of the issues identified by the commenters. … Continue Reading

Social Networking: Setting Boundaries in a Borderless Brave New World

Social networking entails some risks and responsibilities. It may implicate privacy and labor law, confidentiality and nondisclosure agreements, advertising regulations, defamation, and other legal regimes, across borders in a global medium. Users, and their employers, need to be aware of these risks and responsibilities in deciding how to make best use of social media. … Continue Reading

Breaking Down the Boucher Bill

In early May, Reps. Rick Boucher (D-Va.) and Cliff Stearns (R-Fla.) introduced a long anticipated "discussion draft" of a bill "[t]o require notice to and consent of an individual prior to the collection and disclosure of certain personal information relating to that individual." You have probably heard that industry and consumer groups alike are not happy with the discussion draft. What exactly is the Boucher Bill and what would it mean for almost every company engaged in the collection, use or disclosure of personal information (not just companies engaged in online behavioral advertising)? Following is a FAQ. Comments on the draft legislation are due June 4 (mark your calendars). … Continue Reading

My Notes from the IAPP Global Privacy Summit 2010

As some of you know, I tweeted my notes from the IAPP Global Privacy Summit 2010 yesterday and today (@Forsheit for those of you on Twitter). Since many of our readers are not on Twitter, I thought I would provide you with those notes here (minus the usual Twitter hashtags and abbreviations). Please note that there were multiple sessions, and this reflects only those I was able to attend, and only the information I could quickly record, putting virtual pen to paper. These are not direct quotes, unless specifically designated as such. Overall, I think it was a great conference, a wonderful opportunity to reconnect with other lawyers and privacy professionals, and to meet students, lawyers, and others looking to learn more about this constantly evolving legal and compliance space. For me, the conference highlight was Viktor Mayer-Schonberger's keynote this morning on The Virtue of Forgetting in the Digital Age. Without further ado, here are my notes. Would love to hear your thoughts/reactions. … Continue Reading

Live from the IAPP Global Privacy Summit in Washington, DC, It’s Monday Afternoon

This week, I will be providing short updates from the IAPP Global Privacy Summit in Washington, DC. The conference will be in full swing tomorrow, and I will report on various panels and topics of interest. In the meantime, as I prepare to see old and new friends at the Welcome Reception this evening, a few thoughts on what I expect to see and hear a lot over the next few days. … Continue Reading

Are We Living in a Post-Disclosure, Opt-In World?

Today's New York Times Media Decoder Blog features an "on-the-record" discussion with Federal Trade Commission chairman Jon Leibowitz and Bureau of Consumer Protection chief David Vladeck. The question presented: "Has Internet Gone Beyond Privacy Policies?" The FTC (and Congress, for that matter) continue to signal that change may be imminent in the world of online privacy policies and traditional notions of opt-out consent. … Continue Reading

Highlights of the FTC’s Self-Regulatory Principles for Online Behavioral Advertising

Earlier this year the Federal Trade Commission released an FTC Staff Report entitled “Self-Regulatory Principles for Online Behavioral Advertising” (the “Report”).  The Report arose after over a year of public comments and debate by both marketers and consumer privacy advocates.  The Principles allow for a self-regulatory approach that purportedly strikes a balance between marketing innovation … Continue Reading
LexBlog