New AT&T-funded “Future of Privacy” Group: Will it Support Real Privacy Protection or Serve as a Surrogate for Self-regulation and Data Collection?

A new group co-directed by former DoubleClick and AOL chief privacy officer Jules Polonetsky, called the “Future of Privacy Forum,” has been announced. It is connected to the law firm representing AT&T–Proskauer Rose–which has a considerable practice in the online marketing and data collection area. Other backers include Intel, General Electric, IBM and Wal-Mart.

We are concerned, however, that the role of the Forum is to help discourage Congress from enacting an opt-in regime for data collection. Both ISPs–such as AT&T, Verizon, Comcast and Time Warner–as well as online advertising companies such as Google/DoubleClick, Yahoo, and Microsoft must be governed by privacy laws which empower and protect consumers. The role of ISPs in any data collection for targeted online marketing, in particular, requires serious analysis and stringent safeguards. AT&T, Google, Microsoft, Comcast, the online ad networks, and social media marketers (to name a few) must be required to provide meaningful disclosure, transparency, accountability and user control (with special rules governing health, financial and data involving children and youth). Self-regulation has failed. If the Future of Privacy group is to have any legitimacy, it will work to support serious federal rules. But if it trots out some sort of voluntary code of conduct as a way to undermine the growing call for real privacy safeguards, this new group may soon be viewed as beholden to its funders and backers.

Google, the Global Youth Obesity Crisis & its “Branded Entertainment” Division Deals with Pepsi and Burger King

Google’s top executives and corporate-responsibility concerned investors should consider the consequences of the online ad company’s major promotion of Burger King and Pepsi. Google is broadly distributing two new online programming series backed by either Burger King and Pepsi via its “branded entertainment” division. A new Pepsi-backed show called Poptub, notes paidcontent.org, “resides on its own YouTube channel and is distributed through Google AdSense (via “Gadgets” or widgets), increasing the number of eyeballs for potential advertisers. Ad revenue will be split between Google, Pepsi-backed Embassy Row, and the website that hosted the clip.” CNET reports that Poptub features “perky hosts, amusing videos, promotional interviews, and a prominent Pepsi sponsorship.”

Google’s Burger King backed “Seth MacFarlane’s Cavalcade of Cartoon Comedy” is a huge online hit, Mediaweek reports. The YouTube based series “generated 14 million total views since their Sept. 9 debut across various syndication partners…One short, Super Mario Rescues The Princess, has amassed over 6 million views on YouTube alone…the Cavalcade channel was YouTube’s most popular during the week ending Sept. 12, generating millions of views in less than 48 hours… The first 10 of the MacFarlane-produced shorts are being sponsored by Burger King. The fast food company’s branded channel, youtube.com/bk, is now the second most popular sponsored channel of all time on YouTube.”

Hollywood Reporter explains that “Over at Burger King’s YouTube channel, a new application allows consumers to dub their voices in over the animation of select “Cavalcade” videos.”

Google role as a facilitator of unhealthy food products will become part of the global youth obesity and public health debate.

Interactive Ad Bureau to Congress and Public: If Your Privacy is Protected, The Internet Will Fail Like Wall Street!

It’s too disquieting a time in the U.S. to dismiss what a lobbyist for the Interactive Advertising Bureau said as merely silly. The IAB lobbyist is quoted in today’s Washington Post saying: “If Congress required ‘opt in’ today, Congress would be back in tomorrow writing an Internet bailout bill. Every advertising platform and business model would be put at risk.” [reg. required]

Why is the IAB afraid of honest consumer disclosure and consumer control? If online ad leaders can’t imagine a world where the industry still makes lots of money–while simultaneously respecting consumer privacy–perhaps they should choose another profession (say investment banking!).

Seriously, online ad leaders need to acknowledge that reasonable federal rules are required that safeguard consumers (with meaningful policies especially protecting children and adolescents, as well as adult financial, health, and political data). The industry doesn’t need a bail-out. But its leaders should `opt-in’ to a responsible position for online consumer privacy protection.

Behavioral Targeting Lawsuit Illuminates How Data is Collected From You

Look for a moment at an excerpt from a legal tangle between behavioral targeting companies Valueclick and Tacoda (the latter now owned by Time Warner). Valueclick filed suit on July 15 claiming patent infringements, including for one entitled “Method and Apparatus for Determining Behavioral Profile of a User.” Read the “Abstract” and part of the “Summary of the Invention” for this patent and think about your privacy (and that this is based on 1998 technology!):“Abstract: Computer network method and apparatus provides targeting of appropriate audience based on psychographic or behavioral profiles of end users. The psychographic profile is formed by recording computer activity and viewing habits of the end user. Content of categories of interest and display format in each category are revealed by the psychographic profile, based on user viewing of agate information. Using the profile (with or without additional user demographics), advertisements are displayed to appropriately selected users. Based on regression analysis of recorded responses of a first set of users viewing the advertisements, the target user profile is refined. Viewing by and regression analysis of recorded responses of subsequent sets of users continually auto-target and customizes ads for the optimal end user audience.”

Summary Of The Invention: …Over time, the tracking and profiling member holds a history and/or pattern of user activity which in turn is interpreted as a users habits and/or preferences. To that end, a psychographic profile is inferred from the recorded activities in the tracking and profiling member. Further, the tracking and profiling member records presentation (formal) preferences of the users based on user viewing activity. Preferences with respect to color schemes, text size, shapes, and the like are recorded as part of the psychographic profile of a user…The tracking and profiling member also records demographics of each user. As a result, the data assembly is able to transmit advertisements for display to users based on psychographic and demographic profiles of the user to provide targeted marketing.”
source: Complaint for Patent Infringement: Jury Trial Demanded. Valueclick, Inc. v, Tacoda, Inc. Case No. CV08-04619 DSF. U.S. District Court, Central District of California, Western Division.

The IAB (US) “mobilizes” to Fight Against Consumer Protections for Online Media

Watch this online video of Randall Rothenberg speaking before a June Federated Media Publishing event. In Mr. Rothenberg’s worldview, demon critics of advertising (such as myself) are deliberately trying to undermine democratic digital media. This would be absurd, if it wasn’t so sad. Mr. Rothenberg is using scare tactics to whip up his members into a frenzy-all so they can fight off laws and regulations designed to provide consumers real control over their data and information. Luckily, Mr. Rothenberg will be on the losing side of this battle to protect consumers in the digital era. Regulators on both sides of the Atlantic understand how the digital marketing ecosystem raises serious concerns about privacy and consumer welfare. We have to say we are disappointed in John Battelle, the CEO of Federated (who wrote a very good book entitled The Search: How Google and Its Rivals Rewrote the Rules of Business and Transformed Our Culture). Mr. Battelle should know that the online marketing system requires a series of safeguards which protects citizens and consumers. There is a balance to be struck here. Online advertisers have unleashed some of the most powerful tools designed to track, analyze, and target individuals–whether on social networks, or watching broadband video, or using mobile devices. We have never said there shouldn’t be advertising. We understand the important role it must play, including for the underwriting of online content. But the online ad system should not be designed and controlled solely by ad networks, online publishers, trade groups and online ad lobbying groups. It must be structured in a way which promotes as much freedom for individuals.

Google’s Hispanic Targeting via Search

Every marketer wants to target Hispanics and they are tracking their online behaviors closely. Here’s a view from Google:
Sarah Carberry, team leader at Google, says, “Connect with U.S. Hispanics at the right time and right place when receptivity is at its greatest. The consumer is choosing when to engage with your brand and signals their interest when they search for information on Google or on trusted content sites such as Univision or MySpace en Espanol. You can now tailor messaging to many niche markets, such as U.S. Hispanics, and target them with various ad formats in more places where consumers are throughout the web. This relinquishes marketers from the confines of traditional media where a standard design has been the norm.”

Carberry recommends optimizing on the fly after seeing what keywords, channels and messaging are working best. Also, she says, “take advantage of Google’s geo-targeting capabilities where there are higher concentrations of U.S. Hispanics. With AdWords, you can set your ads to show only to users within a certain radius of your business.”

source: 10 Experts Weigh in on Marketing to U.S. Hispanics. Joe Kotchera. imediaconnection. May 5, 2008