Category: privacy

Google+AdMob=Mobile Privacy Issues for the FTC. Questions should be raised about mobile targeting via “ethnicity”

The Federal Trade Commission should examine the privacy issues connected to the Google/AdMob deal.  As we informed the FTC yesterday, AdMob says it can target via “age, gender, HHI, ethnicity, education & context.”

The CDD/USPIRG complaint on mobile advertising provides useful analysis. Here’s an excerpt on its discussion about AdMob:

AdMob: “Mining All the Data We’ve Captured”
AdMob is a “mobile advertising network” seeking to “target mobile users and monetize mobile traffic.” There is inadequate notice and little opportunity to opt-out of this data- gathering. Few mobile users realize that their communications and actions are monitored and recorded in order to create intimate profiles for marketing purposes.
AdMob also targets the youth demographic. It segments “market audiences” into several categories, including a “Digital Natives” category, which include boys and girls as young as 13.  AdMob also focuses on social networking sites, claiming it “enables developers to monetize Facebook mobile applications by integrating AdMob’s industry-leading mobile publishing solutions into any Facebook mobile application. Developers building mobile web applications for the Facebook community using the Facebook Platform for Mobile can easily integrate the AdMob code to start serving ads….”

And AdMob is continually seeking to mine and monetize the data gathered on unsuspecting youths and other mobile users. AdMob’s CEO Omar Hamoui admitted, “We are investing a fair amount of development resources into mining all the data we’ve captured over the last 12 months of ad serving and targeting.”

AdMob gathers this data (and targets youths) without adequate notice to the consumer, making it difficult for a mobile user to weigh the costs and benefits and choose whether to opt out of this profiling. This constitutes unfair and deceptive practices, and the Federal Trade Commission should scrutinize these actions.

Bravo to Public Voice’s “Global Privacy Standards for a Global World” Madrid Declaration

Last week, NGO’s and activists from across the world met in Madrid Spain to discuss threats to privacy and human rights.  It was part of the Public Voice’s excellent work to ensure that civil society is well represented in the debates over privacy and other digital media issues.  Over 100 NGO’s, including my own CDD, were initial endorsers of the “Global Privacy Standards for a Global World” Madrid Declaration. It was well received by policy makers, including the data protection commissioner community.  The all day meeting and related efforts was organized by the remarkable Katitza Rodriquez.  Bravo to her and everyone involved.

The Declaration and related work at the Data Protection conference provided a much needed counter-balance to the failure of leading online companies to seriously address their data collection practices and plans.

“Cookie Wars, Real-Time Targeting, and Proprietary Self Learning Algorithms: Why the FTC Must Act Swiftly to Protect Consumer Privacy”

That’s the title of comments filed at the U.S. Federal Trade Commission by my Center for Digital Democracy and U.S. PIRG.  I also just gave a presentation with the same name at last week’s meeting of data protection commissioners in Madrid, Spain.   It’s available here.

Here’s an excerpt:   Today, consumers online face the rapid growth and ever-increasing sophistication of the various techniques advertisers employ for data collection, profiling, and targeting across all online platforms. The growth of ad and other optimization services for targeting, involving real-time bidding on ad exchanges; the expansion of data collection capabilities from the largest advertising agencies (with the participation of leading digital media content and marketing companies); the increasing capabilities of mobile marketers to target users via enhanced data collection; and a disturbing growth of social media surveillance practices for targeted marketing are just a few of the developments the commission must address. But despite technical innovation and what may appear to be dramatic changes in the online data collection/profiling/targeting market, the commission must recognize that the underlying paradigm threatening consumer privacy online has been constant since the early 1990’s. So-called “one-to-one marketing,” where advertisers collect as much as possible on individual consumers so they can be targeted online, remains the fundamental approach.

Groups & Scholars Urge Congress to Strengthen FTC’s Ability to Protect Consumers

The advertising lobby has been working to undermine the FTC’s ability to serve the public interest.  Advertisers are fearful that the FTC–finally awakened from a long digital slumber–will actually investigate the numerous problems linked especially to marketing (think prescription drugs, financial marketing of subprime loans, etc.).  They are especially concerned that the FTC will effectively address privacy and consumer protection problems related to privacy, interactive advertising, children and adolescents, and “green” marketing.  Here’s the letter which was sent late yesterday to Chairman Waxman and Ranking Member Barton:


October 28, 2009

Chairman Henry Waxman

Rep. Joe Barton, Ranking Member

Energy and Commerce Committee

(via email)

Dear Chairman Waxman and Rep. Barton:

We write to support the provisions in H.R. 3126, the “Consumer Financial Protection Agency Act of 2009” (CFPA Act), designed to ensure that the Federal Trade Commission has the resources and authority to protect consumers from unfair and deceptive practices.

We believe that the FTC must play a more proactive role addressing critical consumer concerns, including privacy, online marketing, and food advertising to young people.  Therefore, we fully support the legislative language in H.R.3126 that would enable the commission to conduct consumer protection rulemaking under the provisions of the Administrative Procedures Act (APA); provide it with aiding and abetting liability for violations of the Section 5 of the FTC Act involving unfair or deceptive practices; and enable it to seek civil penalty liability for unfair and deceptive practices found to violate Section 5.  We also support providing the FTC independent litigating authority in civil penalty cases.

As you know, the FTC’s ability to serve consumers has been hamstrung because of its “Magnuson-Moss” rulemaking procedure.  As a result, the FTC has not been able to effectively engage in a timely and effective rulemaking process.  By providing the FTC with the same APA rulemaking authority enjoyed by other federal agencies, it will enable the commission to engage in consumer protection activities in a timely manner.

Respectfully,

American Academy of Child and Adolescent Psychiatry

Campaign for Commercial Free Childhood

Center for Democracy and Technology

Center for Digital Democracy

Center for Science in the Public Interest

Children Now

Consumer Federation of America

Consumer Action

Consumers Union

Consumer Watchdog

Free Press

Electronic Frontier Foundation

Media Access Project

Privacy Rights Clearinghouse

Privacy Times

Public Citizen

Public Knowledge

Public Health Institute

U.S. PIRG

World Privacy Forum

David Britt, CEO (retired) Sesame Workshop

Prof. Kelly Brownell, Yale University

Prof. Robert McChesney, University of Illinois at Urbana-Champaign

Prof. Kathryn C. Montgomery, American University

Prof. Joseph Turow, University of Pennsylvania

Prof. Ellen Wartella, UC Riverside

Facebook: “selling fans between $4 and $10” to Brands and others

The Facebook economy—built on allowing marketers to harness what’s called the “social graph”–is big business (and will grow as consumers also buy more virtual goods).  AllFacebook reports that:

“When the Facebook platform launched two and a half years ago a massive cost per install economy sprouted up. Whether it was individual developers looking for more users or large brands looking to expand the user base of their branded applications, money was flowing…There are entire ad networks still supported by the cost per install economy…So how much do fans sell for? There’s a wide range but I’ve heard Facebook is selling fans between $4 and $10. That adds up to substantial revenue for Facebook. For example, let’s assume that the top 100 advertisers each want to purchase 100,000 fans. Theoretically Facebook could generate $100 million just from the top 100 advertisers. As you move down the long tail the numbers begin to add up quickly.”

source:  If Brands Want Fans, Facebook Will Sell Them Fans.  Nick O’Neill.  AllFacebook.  Oct. 20, 2009.

Customized Online Ads using vast data sets

Steve Lohr of the New York Times reports in Bits that “Murthy Nukala, the chief executive of Adchemy, calls his company’s technology “statistical personalization.” It doesn’t really identify a person, he said. But by probing vast data sets, from click streams to marketing information from firms like Acxiom, Adchemy can identify the sorts of people -– by age, gender and interests -– that advertisers want to pinpoint.“We don’t hold any data. We just connect to 30 or 40 data sources,” Mr. Nukala said.”

Adchemy is a good example of the growing data collection apparatus that fine-tunes the pitch by using “customized marketing content” along with its real-time analysis.  Here’s an excerpt from its website:

Highly customized marketing based on visitor context. All prospects – even anonymous ones – can be described by multiple attributes, including publisher, placement, search query, ad displayed, ad element clicked, geography, demographics, time of day/week/month and other marketer-defined attributes. Adchemy calls the sum total of all these attributes “visitor context.” At every level of the Customer Acquisition Funnel, the Adchemy Digital Marketing Platform dynamically generates the most customized marketing content for the prospect based on the visitor context.

Continuously optimized, real-time content delivery. Based on the user’s visitor context, the best content is served to each visitor in real time without any manual, human involvement. The learning engines proactively synthesize advertising performance and respond automatically to each customer with appropriate content based on powerful patent-pending statistical techniques. Adchemy’s patent-pending statistical techniques speed up the traditionally slow process of gathering statistically significant marketing insights.

Neuromarketing Hollywood style [inc. Fox!]: “This allows our clients to see what their audience is seeing and feeling, not what they say they’re seeing and feeling”

The intrepid Variety columnist Brian Lowry took readers on a tour of a neuromarketing outfit that works for show-biz companies, among others.  Here’s a excerpt:

Innerscope Research was birthed just three years ago, but the company has already found various entertainment and advertising clients for its biometric research, which employs eye-tracking technology as well as EKG monitors to gauge subconscious response along four key criteria: heart rate, breathing, moisture levels (or sweat) and movement.

“It’s very hard for people to accurately reflect their internal world,” says Innerscope CEO Carl Marci, noting that 75% of brain processing “is below conscious awareness.”…they have notched a number of entertainment clients looking to augment traditional research, including Fox, NBC and Discovery, along with a growing number of advertisers…Biometrics thus provides a diagnostic tool, able to pinpoint physical reactions to specific moments that the viewer might not even realize…Innerscope’s findings have included the revelation that people exhibit emotional responses as they fast-forward through commercial pods, meaning that ads are still registering to those viewing via TiVo or another digital video recorder. The company can also pinpoint whether a movie trailer, say, is generating the sort of “emotional engagement” that marketers hope to achieve.

“This allows our clients to see what their audience is seeing and feeling, not what they say they’re seeing and feeling,” Marci explains [Innerscope CEO Carl Marci].

source:  The future of focus group testing/This test gets under your skin.  Brian Lowry.  Variety.  October 5-11, 2009,

“Behavioral targeting, by camouflaging the tracking of consumers, can damage the perceived trustworthiness of an e-commerce site or the actor it represents”

That’s from an important new research paper by Professor Catherine Dwyer of the Seidenberg School of Computer Science and Information Systems, Pace University.  “Behavioral Targeting: A Case Study on Consumer Tracking on Levis.com” was presented at the 15th Americas Conference on Information Systems.   We have sent the paper to Congress, the European Commission and the FTC.  In its summary, Prof. Dwyer explains that:

In order to illustrate the nature of consumer tracking, a case study was conducted that examined behavioral targeting within Levis.com, the e-commerce site for the Levis clothing line. The results show the Levis web site loads a total of nine tracking tags that link to eight third party companies, none of which are acknowledged in the Levis privacy policy. Behavioral targeting, by camouflaging the tracking of consumers, can damage the perceived trustworthiness of an e-commerce site or the actor it represents.

“Targeting in the Internet world”–Nielsen counts the ways

excerpt:  Marketers determine a schedule of web sites, portals or ad networks that will deliver the desired audience… online media buyers can also buy actual audience segments based on elements like geo-coded inventory through a reverse IP look-up, modeled segmentation based on cookie or panel data, offline sales data, registered user data and a host of other possibilities.

source:  Does Online Advertising Deliver the Target Audience.  Nielsen.  Oct. 6, 2009.

Yahoo tells Advertisers: “We even know their online user behaviour and when they are ready to buy” [Annals of Behavioral Targeting]

Via Yahoo’s UK site:

Precision is where the real value lies. We know what our users are interested in. We also know their demographics, geographics and psychographics. We even know their online user behaviour and when they are ready to buy. So we can find you whoever you fancy and you won’t be bothered by anyone you don’t.