ATT: DoJ, EC and Congress: Yahoo!’s own claims should raise alarms about a Google or Microsoft deal

No one should sit by and let either Google or Microsoft carve-up or take-over Yahoo! without a serious examination of the competition, privacy, and other consumer protection issues. This week, Yahoo! ran a four-page ad inserted in Advertising Age. Here’s some of Yahoo!’s own copy for regulators and the public to ponder:

“Yahoo! delivers the largest audience in the U.S.-the most 18-34 year olds, the most 35-54 year olds, the most women….Today, Yahoo! reaches over half the world’s Internet users. And with our growing network of premium publishing partners, including over 625 leading newspapers, we’re working with the other half…Our insights and understanding of our users lead to smarter targeting, so we can connect the right audience with the most relevant message–yours…With more ways to connect to your customers more deeply than ever, the future is wide open.”

From Yahoo! Advertising Age insertion. June 2. 2008 entitled: “What Happens When You Can Connect To More Than 550 million People From Over 170 countries Who Spend 2 Billion Hours Each Month In One Place?”

Privacy Oxymoron: “Anonymous” but “custom ads for each and every individual”

We file this in the `FTC has to change its definition of what should be considered personally identifiable information’ department.

Via adknowledge. “Our Targeting: Adknowledge use behavioural targeting technologies behind the scenes to deliver the most appropriate ads. Our system processes billions of calculations a day to deliver ads to the right user at the precise moment that they are most likely to purchase…These systems are strictly anonymous and operate without any specific user-level data (non-PII data). Our systems work with over 200 million behavioral data points and 100 terabytes of storage to calculate custom ads for each and every individual.”

Online Ad Firm Agrees that Cookies Can “Be Matched to Specific User Details”

The online ad industry has been hiding behind the claim that cookies, IP addresses, pixel tags, and other methods of tracking don’t identify users. But inside the industry, a different conversation occurs. That’s why it’s always important when an industry official offers us a glimpse of how they view online ad industry data collection practices. In “Digital Brands 2008,” a UK-based publication, there’s such a helpful comment: “Rob Watt, media director at digital agency Avenue A/Razorfish, says, “If users fully understood how cookies work and how they can be used for behaviourial targeting, for example, then they’d probably opt out. Although data is anonymous, it could be matched to specific user details.” [Digital Branding-Privacy Issues. Nicola Smith, NMA Magazine. April 3, 2008. sub required].

sub. required

Google Opens its Network to 3rd Party Ad Servers, but Fails to Candidly Address the Privacy Issues

Google announced Tuesday that it [our emphasis] “is accepting third-party advertising tags on the Google content network in North America. This will empower advertisers to work with approved third parties to serve and track display ads, including rich media ads, across the Google content network through AdWords, giving them more options, flexibility and control over their campaigns.” Among the companies it lists that can track us through the Google network includes its own DoubleClick, as well as Eyeblaster, Eyewonder, Pointroll, Unicast, Dynamic Logic, and Interpolls.

Google has created a three-part video series on YouTube to “explain” how ad serving works. But like so much of Google’s privacy PR, it doesn’t really explain what the goals are of its expanded ad service. It also attempts to minimize the very real privacy concerns. Google uses its online ad industry Orwellian-like Doublespeak to suggest that the profiling and targeting of users is “enhancing their web experience.” Google could have included in its YouTube script what it is telling prospective YouTube ad sales persons: “that Google technology enables the world’s biggest advertisers to enjoy immediate and accountable communication with the consumer…to drive revenue… to top-tier brand advertisers and agencies…[via]… a next-generation advertising platform.” It could have said that its expanded online ad platform was designed, as its job announcement for a New York-based “Google Financial Services Account Executive” states, to help “the biggest financial services companies in the world. This includes investment, credit card, tax, banking and insurance companies.” Or as it explains in its “Google entertainment account executive” job announcement, “you’ll help to provide integrated, cross-platform advertising solutions for media and entertainment clients including TV, movie, gaming, music and web publishing companies.”

Google’s blog announcement for the opening up of its network to 3rd party ad servers, and its three-part series, could have detailed the range of data being collected and tracked by its DoubleClick and now other companies. That would include DoubleClick’s “Rich Media’s Audience Interaction Metrics package,” which “lets you analyze data on more than 100 unique interactions in every creative unit including multiple exit links, counters, timers and video metrics.” Or Eyeblaster’s “advanced …powerful tracking and optimization capabilities” that examine “unique viewer behavior– why look at impressions and clicks when you can look at the behavior of individual customers.” Or Unicast’s “User Engagement Index (UEI), that measures a user’s interaction with a rich media ad and provides a score made up of key engagement metrics.” Or what its now 3rd party approved from Eyewonder collects, such as “track all video interactions, rich media interactions, brand interactions and time, and …Custom tracking… to also measure metrics critical to your specific campaign.”

Google really requires both a privacy and online marketing ombudsman, to say the least. They have a very hard time being straight-forward about what information about us is being collected, how it’s really used, etc. Perhaps independent observers and consumer advocates whose mission is to help the company be more honest with itself, its employees, and its users would help. Meanwhile, we will just have to help regulators, policymakers, and the public better understand what Google isn’t really telling us.

PS: This announcement also has implications for mobile privacy. We think this quote from Mobile Marketer is very telling (hey, Google. Put him on your GoogTube channel!): “As mobile advertising evolves and matures, advertisers will demand consistent, in-depth analytics and immersive consumer engagement frameworks,” Mr. Rahav said [Amit Rahav, VP, Marketing, Eyeblaster]. “…To be able to retain client confidence and quality of user experience, Google defined a process for certifying trusted partners like Eyeblaster and other companies. Defining such rules of engagement creates the win-win ecosystem that helped scale Web advertising and stands to do the same for the mobile world.”

PPS: Perhaps Google should have addressed this, from its new 3rd Party approved partner Interpolls: “Interpolls is the only rich media company providing a complete end-to-end suite of integrated marketing solutions. In addition to rich media advertising, Interpolls provides clients with interactive promotions, live on-air voting, site polling, online sweepstakes and more. All of Interpolls services can be integrated into its proprietary platform, offering customers tremendous convenience while maximizing reach, awareness and results. “Expanding our distribution network to include the Google content network was a critical piece needed to provide our clients with the industry’s largest rich media distribution to reach their customers and prospects without limitations,” said Peter Kim, CEO and president, Interpolls. “The agreement opens the door for our clients to increase their distribution through the Google content network, and provides Google publishers and advertisers access to our innovative rich media advertising and widget solutions.”

PPPS (and we promise this is the last one!). Google also announced that several research firms were now allowed to work with its network and, we assume, help “measure performance” of Internet ads. They include Dynamic Logic, IAG Research, InsightExpress, and FactorTG. For example, IAG (now owned by Nielsen) says it “is the only panel-based measurement service that provides continuous evaluation of Internet ad performance and a direct comparison to TV ad effectiveness.” In another words, to help grow Google’s ad business it has, understandably, opened up its service to the network of tracking, analysis, and interactive media delivery services which comprise the world of marketing. But, we believe, Google should have explained all this clearly to users, and not–in our view–gloss over what this all means.

Bravo to Reps. Markey & Barton for Raising Alarm on Charter Communication’s ISP eavesdropping plans

Today, Rep. Ed Markey and Rep. Joe Barton sent a letter to the CEO of Charter Cable. They have acted quickly to help protect the privacy of Internet users and, in this case, Charter’s customers.  Preventing ISPs from monitoring our online behaviors is important to fight for.  More will be coming.

Yahoo/WPP Alliance=More Data Collection via Targeting and Privacy Concerns

Regulators will need to examine the privacy implications of the new Yahoo and WPP alliance. When the display ad leader–Yahoo--links up with the global ad agency holding company powerhouse–WPP--data collection issues must come to the fore. Under the deal, explains Reuters, “WPP advertising agencies would, through its 24/7 Real Media arm, develop a proprietary advertising media trading platform that takes advantage of Yahoo’s Right Media exchange.” WPP’s “brands” include Ogilvy, Cheskin, Dentsu Y&R and many, many others.

WPP’s 24/7 says the following about its “comprehensive” targeting:

“Whoever you want to reach, we have targeting down to a science.

  • Behavioural. We can serve ads based on your customer’s browsing behaviour.
  • Demographic. We can target campaigns based on a number of demographic criteria such as race, age, income, sex, employment, education, and home ownership.
  • Technographic. We can target based on browser, browser version, bandwith or operating system.
  • Retargeting. We can flag visitors to a site based on what they did on their last visit, and then “retarget them” when they return.
  • Geo-dem. We can overlay geographic data such as country, state or zip code with demographic information.
  • Daypart. You can tell us what hour of the day or day of the week that you’d like an ad to be viewed.
  • Content. You can choose specific sites, sections or positions on a page for ad placement.
  • Keyword/search. We can serve ads based on specific words that are entered into a search engine by your customer.
  • Custom. We can develop a comprehensive targeting strategy that is customised for whatever your marketing goal may be.”

Mind over our data: It was 24/7 that just announced it was also using “psychographic targeting through a partnership with Mindset Media…[that] will enable brand advertisers to target consumers with specific personality traits that drive buyer behavior and brand affinity across a broad range of consumer goods and services.”

From MediaPost’s coverage (excerpt):  “ The multi-year deal will pair Yahoo’s Right Media ad exchange with the targeting prowess of WPP’s 24/7 Real Media, giving WPP agencies a more effective system for buying mass quantities of display inventory worldwide… WPP’s GroupMwill be able to access the platform directly through 24/7 Real Media and plug in various targeting options-… Ryan Jamboretz, director of corporate development at GroupM…said “[T]his only improves the product by allowing us to do things like behavioral and retargeting on a larger scale.”

source:  Yahoo, WPP Partner to Buy, Sell Rich Media More Effectively.   Tameka Kee.  Online Media Daily. May 15,2008.

BT Watch: Tell me, is it the cookie or You that online marketers are “packaging” for targeting

How long can they get away with the “it’s anonymous” cover story as they identify, analyze, track and target our online interests and behaviors? Excerpt from Media magazine: “behavioral segmentation refers to a media seller’s packaging of groups of cookies who have visited sites (other than the client’s own) that suggest a need or receptivity for the client’s category of product. For example, all cookies that have visited automotive-related sites over the last 60 days may be packaged as a segment of people likely to be in the market for a new car…Predictive targeting uses more than behavior data…It uses mathematical algorithms to predict what a user will most likely interact with, and then learns and is adjusted based on the actual results...It is based on cataloging what a user has done in the past.”

source: Taking Measure: Savor the Flavor. John Nardone. May 2008

Eyebaster Tells the SEC about its business “to track Internet users and their online behavior” for profiling

Eyeblaster is a rich media online advertising technology company which filed a S-1 with the SEC last March (for an initial public offering). Here’s the section on privacy:

“Privacy concerns could lead to legislative and other limitations on our ability to collect usage data from Internet users, including limitations on our use of cookie or conversion tag technology and user profiling, which is crucial to our ability to provide our solutions and services to our customers.

Our ability to conduct targeted advertising campaigns and compile data that we use to formulate campaign strategies for our customers depends on the use of “cookies” and “conversion tags” to track Internet users and their online behavior, which allows us to build anonymous user profiles and measure an advertising campaign’s effectiveness. A cookie is a small file of information stored on a user’s computer that allows us to recognize that user’s browser when we serve advertisements. A conversion tag functions similarly to a banner advertisement, except that the conversion tag is not visible. Our conversion tags may be placed on specific pages of clients of our customers’ or prospective customers’ websites. Government authorities inside the United States concerned with the privacy of Internet users have suggested limiting or eliminating the use of cookies, conversion tags or user profiling. Bills aimed at regulating the collection and use of personal data from Internet users are currently pending in U.S. Congress and many state legislatures. Attempts to regulate spyware may be drafted in such a way as to include technology like cookies and conversion tags in the definition of spyware, thereby creating restrictions that could reduce our ability to use them. In addition, the Federal Trade Commission and the Department of Commerce have conducted hearings regarding user profiling, the collection of non-personally identifiable information and online privacy.

Our foreign operations may also be adversely affected by regulatory action outside the United States. For example, the European Union has adopted a directive addressing data privacy that limits the collection, disclosure and use of information regarding European Internet users. In addition, the European Union has enacted an electronic communications directive that imposes certain restrictions on the use of cookies and conversion tags and also places restrictions on the sending of unsolicited communications. Each European Union member country was required to enact legislation to comply with the provisions of the electronic communications directive by October 31, 2003 (though not all have done so). Germany has also enacted additional laws limiting the use of user profiling, and other countries, both in and out of the European Union, may impose similar limitations…

If our ability to use cookies or conversion tags or to build user profiles were substantially restricted due to the foregoing, or for any other reason, we would have to generate and use other technology or methods that allow the gathering of user profile data in order to provide our services to our customers. This change in technology or methods could require significant reengineering time and resources, and may not be complete in time to avoid negative consequences to our business. In addition, alternative technology or methods might not be available on commercially reasonable terms, if at all. If the use of cookies and conversion tags are prohibited and we are not able to efficiently and cost effectively create new technology, our business, financial condition and results of operations would be materially adversely affected.”


See if you believe this Behavioral Targeter is really accessing “anonymous” info on you and your friends!

excerpt: “A behavioral targeting firm called Media6degrees said it’s engineered a workaround to the dual problems of data and relationship glut. Rather than look at a person’s friend list, the company uses a combination of cookies and ad server logs to pinpoint a person’s interests and generate anonymous profiles of her real friends… Media6degrees found an Internet analogy in referral information stored in ad server logs. Those logs can be made to cough up specific social networking profile pages an individual has visited recently by analyzing referring URL structures, which is potentially actionable information when juxtaposed with an action taken by the ad-clicker… Affinity groups of presumably anonymous individuals are created by grouping individuals who have visited the same set of profiles.”

But how does the firm get access to those server logs?… it partners with a network of advertisers that each volunteer to place a cookie on the browsers of Web users visiting its sites. Participating advertisers and site owners receive a small CPM to distribute its pixel.

“If you put up a media pixel on your site, we can not only help you retarget an individual who came to that site, but we can help you identify micro-affinity groups…”

source: New Firm Combines Social and Behavioral Ad Targeting. Zachary Rogers. ClickZ.com May 6, 2008

IAB’s Response to Calls for Consumer Privacy Rules: Hire More Lobbyists to Protect the “Wild West” of Data Collection & Ad Targeting

Granted, the IAB’s Washington, D.C. lobbying shop, opened last year, is a small operation. Now the IAB is in the process of hiring a second person for the office. No doubt IAB wants to protect the data collection and micro-targeting digital turf of its members. Former Tacoda and Time Warner exec. Dave Morgan perhaps revealed why the political stakes are so high for IAB members such as Google, AT&T, Comcast, Time Warner, Disney, CBS, NY Times, Washington Post, etc. in Media Post. As Morgan explained, “.. Everybody now knows that data is the fuel for growth. Everyone is starting to mine it and make it available to third parties…The big four (Google, Microsoft, Yahoo and AOL’s Platform A) are all opening up their networks and systems to leverage third-party data; so are the ad servers like WPP’s 24/7 Real Media; and so are the ad networks…We’re moving into a wild, wild west in monetizing real-time marketing data, and we’re going to need many more people that know how to do this…As we see this data take on more value and play a bigger role in our industry, the public policy implications are going to become much more pronounced.”