Is Google Doing a Turn-about on Network Neutrality Law?

As reported by Drew Clark and others, high-ranking Google senior policy counsel Andrew McLaughlin told a Silion Valley crowd that “Net neutrality will ultimately be solved by competition in the long-run…Cutting the FCC out the picture would probably be a smart move. It is much better to think of this as an FTC or unfair competition type of problem.” It doesn’t appear at the moment that his view is official Google policy. But it underscores why we have never been confident that the corporate supporters of network neutrality, especially Microsoft, Yahoo!, IAC, and Google, could ultimately be counted upon to place the public interest before their own corporate futures. The Google’s and Yahoo!’s of the new media world are fearful of fostering public policies that would ultimately rein-in their efforts to collect huge amounts of personal data about each of us—so they can deliver ubiquitous interactive advertising and branded entertainment. As we’ve noted in the past, word from friendly policymakers is that Google and the coalition have done a terrible job lobbying for network neutrality rules. These developments underscore why those concerned about the future of the public interest and the digital era must quickly move beyond the policy realm. The real decisions about the quality and diversity of our digital media system in the short term will be primarily determined–sadly–in the marketplace.

We note that our friends at savetheinternet have written that Google still firmly supports network neutrality legislation, including the Dorgan/Snowe/Markey proposals. They have a quote from a Google spokesperson saying so. But we believe still that all the key work to promote net neutrality will have to be done by the folks outside the “gang of six.”

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Bill Gates Fails to Address Real Threats to Privacy–from Microsoft and other Interactive Advertisers

Here’s a link to the speech Mr. Gates gave at the CDT “gala” the other night. Note that Mr. Gates failed to address data collection related to marketing and advertising. Why? Because interactive advertising is Microsoft’s new business model. Mr. Gates and much of the industry wish to narrowly frame the debate, permitting both big business and government to have access to our data. Microsoft and its allies basically want a system where the default is data collection and microtargeting. What’s really needed are strong protections requiring an informed opt-in (which would require, for example, for Microsoft, Google, AOL, MySpace, etc. to precisely explain what is being collected and how it’s being used. Then ask for periodic affirmative permission).

The Center for Democracy and Technology hosted a “gala dinner” last night featuring Bill Gates. Billed as a “night for networking,” the event was to (self) honor CDT. CDT has long raised tremendous amounts of money from the very industries it is supposed to serve as a watchdog for. How can the organization really press Microsoft on privacy when it uses Mr. Gates to help the group sell tables at $5,000 each! Having a host committee filled with folks opposing network neutrality and safeguards for online advertising doesn’t help either. For a list, see here. Verizon, the Network Advertisers Initiative, Comcast, Progress and Freedom Foundation are just a few listed. There are some public interest folks as well. How can groups such as CDT act as truly independent advocates for the public interest in digital communications when their hands are out for such donations. Ask yourself.

A Post-script. CDT is part of a corporate coalition pushing for a national privacy policy that would not truly protect the public. It would permit Microsoft and the others to continue their unprecedented collection and abuse of our personal information. Note the huge loopholes–and disingenuousness–in this key section from the CDT/Microsoft backed “Consumer Privacy Legislative Fourm:

Consumer Privacy Legislative Forum Statement of Support in Principle for Comprehensive Consumer Privacy Legislation

The time has come for a serious process to consider comprehensive harmonized federal privacy legislation to create a simplified, uniform but flexible legal framework. The legislation should provide protection for consumers from inappropriate collection and
misuse of their personal information and also enable legitimate businesses to use information to promote economic and social value. In principle, such legislation would address businesses collecting personal information from consumers in a transparent manner with appropriate notice; providing consumers with meaningful choice regarding the use and disclosure of that information; allowing consumers reasonable access to personal information they have provided; and protecting such information from misuse or
unauthorized access. Because a national standard would preempt state laws, a robust framework is warranted.

About the Consumer Privacy Legislative Forum: The Consumer Privacy Legislative Forum was organized in the winter of 2006 to support a process to consider comprehensive consumer privacy legislation in the United States. The Forum began with a Steering Committee of companies eBay, Hewlett-Packard, and Microsoft, the consumer group Center for Democracy and Technology, and Professor Peter Swire of the Ohio State University..

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MySpace Keeping Tabs on You

Thanks to Peter Levinsohn of Fox Interactive for–once again–helping us make the case for a national privacy policy where opt-in and full-disclosure is required from all online sites. Here’s an excerpt of a news story in Broadcasting & Cable:

Levinsohn also talked about the wealth of data MySpace collects from its users. He said that 90% of users register, which includes “an enormous amount of information,” which he said includes “age, marriage status, likes, dislikes, where you live.” He said the site then “combines that data with data we extract from the profile pages…marry it with the enormous amount of inventory we have and then target our ads more effectively.” He said he saw it as a way to dramatically increase the CPMs (cost per thousand) across the overall network.”

Source: “Fox Interactive Claims 40 Billion Page Views in January.” John Eggerton. Broadcasting & Cable. 3/7/07

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Will Arianna Huffington tell Madison Ave. to first serve the Public Interest?

Ms. Huffington will be a keynote speaker at Advertising Age’s “360 degree Media” conference on March 21. The editor-in-chief of the Huffington Post will share the podium that day with Yahoo’s Terry Semel and other marketing executives. We hope Ms. Huffington will warn the online ad industry that its aggressive moves to track all of our digital behaviors– so they can create a variety of desired actions (“conversions”)– raise fundamental questions about privacy. Ms. Hufffington should boldy challenge their plans to manipulate consumers through the “always-on, always-being branded to” interactive media machine that has been developed. Lastly, Ms. Huffington should especially urge advertisers to rein-in messages and campaigns promoting consumption. It’s time advertisers owned up to their own role which contributes to global warming. Ms. Huffington’s Post has a real opportunity to be a model for responsible interactive advertising–where privacy, a “green” ethos,” and a pro-civic engagement commitment–shape the message and the marketing.

We always appreciate when media industry leaders, such as Viacom’s Philippe Dauman, reveal how the business really operates. From Broadcasting & Cable, reporting on today’s tony Bear Stearns media conference held in Palm Beach: “While Viacom’s U.S. margins are close to 50%, Dauman said he hoped to maintain them even having to invest in more original programming and getting its digital sales operation up to speed. To help in that effort, he has cut jobs and salaries and restructured, saying there were redundancies and people who were, frankly, overpaid.”

It’s also revealing when key executives explain their vision for the U.S. and global digital media future. It’s not plastics, as it was decades ago in “The Graduate.” It’s “immersive.” Here’s Mr. Dauman view, written by B&C: “In a fragmented world, he said, the ability to reach key demos in an immersive, branded way becomes more and more valuable…. “Our business is to reach consumers through our content everywhere they are, and sell to advertisers that consumer relationship.”

This is real life, Mr. Dauman, not the virtual branded broadband reality you are creating at Viacom. There are consequences to squeezing out such fat profit margins–including the cost to peoples lives as you lay them off. B&C has reported two rounds of cuts. Advocates should press Viacom to spend some of its cable monopoly gain on public interest programming.
Source:”Viacom’s Dauman: YouTube Wasn’t Best Environment for Content.” John Eggerton. B&C [sub may be required]

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Online Alcohol Promotion in Web 2.0: A-B+Blue Lithium

Stuart Elloitt of the New York Times reports today that “Anheuser-Busch is teaming up with Blue Lithium, an online marketing company in San Jose, Calif., to introduce a promotional program called Clink as part of its “Here’s to beer” campaign. The program, to be housed on MingleNow, a social-networkingWeb site, will let members upload and share photographs as well as video clips. Anheuser-Busch also plans to add a video-sharing feature to Bud.tv…”

But those concerned about inappropriate marketing of beer and alcohol products to underage youth—as well as online privacy—should know more about the deal between A-B and Blue Lithium. It illustrates how marketing is dramatically changing as a result of digital technologies. Data collection, one-to-one targeting via new broadband platforms, and better ways to meld the consumer’s psyche with the brand (such as encouraging user-generated content to promote “engagement”) are just a handful of the new techniques.

Blue Lithium is more than just an “online marketing company” described by the Times. It provides advertisers a broad range of digital tools to deliver precision advertising and marketing, via its “ad network” of online content providers (called publishers). Blue Lithium touts the power of its technology to drive change in consumers, something called “conversions.” Advertisers using Blue Lithium can count on it “identifying the right people, based on tracking user actions and interests, then bundles those individuals up into a highly-receptive audience for your messages.” [Many other companies engage in such behavioral techniques via ad networks].

As consumers are attracted to Blue Lithium connected websites to view consumer generated video content, they will be targeted with a variety of multimedia ads. AdRoll, explains Blue Lithium, permits advertisers to “[L]ayer with advanced targeting capabilities to refine the focus of your video campaigns, reaching those consumers with certain demographic profiles…” AdRoll’s network of publishers permits advertisers to engage in “behavioral retargeting,” which means that consumers will see a refined video pitch from the same advertisers as they travel to entirely different websites. Blue Lithium notes that such retargeting “has been show to improve click-through and conversion rates by [more than] 300%.

The A-B and Blue Lithium deal involve the latter’s “MingleNow,” called an “online/offline social network.” MingleNow, launched in December, “is dedicated to connecting users to their favorite clubs and bars and the people who go there.” It’s worth checking out the various functions of MingleNow’s approach to social networking and marketing. According to its press release (Google cached for now): “MingleNow is built along three fundamental dimensions: Profiles, Places and Events. Once users indicate which bars and clubs, they frequent, their photos show up on the Place page of that establishment and they become part of the community that goes there to share photos and video, trade comments, plan events and in person meetings. MingleNow has over 900,000 place pages representing the most popular drinking, clubbing and socializing establishments in the U.S. Event pages enable users to see what’s going on in their area or publicize their own event. Profile pages give users a place to share information about themselves, feature their favorite people and places, make plans, upload video and more. In order to create an open social network, MingleNow allows users to import feeds and data from other social networks, and export feeds from MingleNow to other networks.”

In another example of techniques to engage users, MingleNow lets you “earn VIP points” as you bring others in to join it. Such rewards can be used for free drinks. We don’t know whether MingleNow is using behaviorally targeting nor the extent of its deal with A-B. But we think both companies need to be candid about what is going on.

Death of Broadband Privacy in Venice? What’s the Deal with Joost & Viacom?

Reporters are hyping the new deal between Joost and Viacom. Missing from the discussion is the impact of the new video service on privacy and commercialism. According to Advertising Age (my bold):

“So far, Joost’s ad model includes five- to seven-second ads that pop up when certain videos are initiated and mid-roll video ads in videos more than five minutes long, the number of which are scaled pro rata to the length of the content. Wrigley, T-Mobile, Maybelline and Phillips are among the beta advertisers. The idea is to have a single advertiser sponsor a piece of content, but to give it multiple elements, Mr. Clark said.

Like other web ads, they’re interactive and let users click through for more info, e-mail offers and long-form messages. The service also touts what will be powerful targeting and reporting capabilities. Echoing Joost’s founders, Mr. Clark said, “We’re combining the best of the web with the best of TV.”

We hope Joost will clearly spell out what data is being collected and reported to Viacom and others. We don’t believe its privacy policy addresses what it will be providing, for example, its new partner Viacom. But services such as Joost should embrace privacy policies which fully disclose precisely the information provided to advertisers. Opt-in should also be the standard, once users are formally and proactively informed.

Joost update. Here’s how Joost plans to help marketers conduct precision targeting, according to Octagon Music blog: “For every user that downloads the Joost application, part of the registration process is to complete a user profile with typical demographic information. It’s this user profile that will be an advertiser’s dream. Imagine being able to target viewers by location, time of day, viewing habits, and other profile information to serve up the perfect ad… Friis and Zennstram believe this unlocked targeting power will command a premium in terms of dollars from advertisers, which will hopefully keep Joost up and running.”

Media industry watcher Jack Myers reports that “advertisers will be able to cherry pick users by location, time/date of viewing, viewing history and preferences, and even profiles of Joost members who opt-in. In the future both advertisers (and programmers) will have the flexibility to upload content themselves…”
Source: Why Joost Isn’t Just Your Average `YouTube Killer’. Abbey Klaassen. Advertising Age. Feb. 26, 2007 [sub. required]

Thank You, Fox’s Levinsohn. Did You Hear What He Said, FTC?

It always helps to have interactive ad industry leaders make the case for the public interest. So we are gratful to Fox Interactive’s Peter Levinsohn (MySpace, IGN) for telling the New York Times that [my bold] “We have more information about our users, I believe, than any other site on the Web today.” Levinsohn’s comment was to explain the importance of its new interactive advertising technology acquisition, Strategic Data Corporation (SDC). Here’s what Online Media Daily said about the deal:
“Fox Interactive is already taking steps to mine the wealth of personal information found on profile pages on MySpace and other sites to better target ads. “With SDC, we’ll be able to plug all that rich data into their ad optimization technology and be able to fine-tune our ad delivery on a much more targeted basis,” explained Burkart. She said Fox is already working with brand marketers to figure out what kinds of user data are most valuable to them.”

SDC’s technology helps deliver precision targeted marketing. As the new Fox acquisition explained on its site, SDC automatically optimizes the selection of creative for each impression to maximize profitability by combining sophisticated statistical and predictive algorithms, demographic and geographic segmentation, and performance tracking. Our clients typically see network-wide (not just individual campaign) revenue increases of 50-150%. We are so confident of these results that we charge based on the actual increase in profit you measure… Using standard Intel-based servers, the software sustains real-time optimization of over 15-30 million impressions per server per day with a 1-2 millisecond response time.”

Source: “Fox Interactive Acquires Technology Ad Company.” Louise Story. New York Times. Feb. 23, 2007

“Fox Interactive Buys Strategic Data Corp., Plans Ad Targeting Upgrade.” Mark Walsh. Online Media Daily. Feb. 23, 2007

Rupert

We couldn’t resist this: “Fox Interactive Media (FIM)… announced today that it has completed the acquisition of interactive advertising technology company, Strategic Data Corporation (SDC)…SDC’s technology will enable FIM to deliver highly-targeted graphical performance-based advertising on literally billions of Web pages viewed each day across its growing network. Fox Interactive Media, which spans MySpace, IGN, Direct2Drive, AmericanIdol.com, AskMen.com and more, is among the most visited networks on the Internet with more than 135 million worldwide unique visitors each month and is the number one most viewed network in the U.S. with over 40 billion pages viewed each month…“We couldn’t be more pleased to join the Fox Interactive Media family,” said Richard Janssen, SDC CEO. “FIM is truly innovating how brands reach consumers in a socially networked world and we look forward to bringing our technologies and team to the effort.”

Paidcontent.org reports that SDC’s technologies provide “sophisticated statistical and predictive algorithms, demographic and geographic segmentation, and performance tracking…”

Source:
FOX INTERACTIVE MEDIA ACQUIRES INTERACTIVE ADVERTISING TECHNOLOGY COMPANY STRATEGIC DATA CORPORATION

Enhanced Media Network to Bring Hyper-targeted Ad Serving to Reality

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