Canadian Privacy Group Raises Key Concerns on Google, Doubleclick and Threat to our Privacy

We urge everyone to read the CIPPIC petition filed yesterday in Canada asking for a investigation of Google and Doubleclick. Among the key questions raised is whether the two companies are violating Canadian privacy law (Personal Information Protection and Electronic Documents Act-PIPEDA). The full document is on the Canadian Internet Policy and Public Interest Clinic website. But here are some key excerpts raising very important issues. Bravo! (and Merci) CIPPIC.

“37. Google’s servers automatically record information when the user visits Google’s website or uses Google products. Google server logs record the search request, URL, Internet Protocol (IP) address, browser type and language, and the date and time of the request, and one or more cookies that may uniquely identify the user’s browser. Google stores server logs indefinitely, but “anonymizes” them after 18 months.

38. The act of collecting user search queries and IP addresses invokes PIPEDA, requiring Google to provide adequate notice to users of any collection, retention, use, or disclosure of personal information other than that which can be reasonably implied (in this case, collection, retention and use necessary to deliver search results to the individual user). Without such notice, Google cannot be said to be obtaining meaningful consent from users to any other information practices, including retention and use for targeted marketing purposes.

39. The fact that Google’s search service is entirely dependent upon targeted marketing to users is not evident to the ordinary computer user. It cannot therefore be said that users implicitly consent to the use of their data for marketing purposes, even if such use is central to Google’s business model. Indeed, most users likely do not reasonably expect Google to retain their search queries in connection to their IP address for much longer than necessary to deliver the requested search results.

62. Google collects a variety of personal information about its users and uses that information to, among other things, improve its target marketing services. Online advertising services are constantly being improved, sometimes in ways that involve greater collection and use of personal data. This raises the question of what level of data collection and analysis is necessary for the purpose of target marketing; at what point is Google collecting more personal data than necessary for advertising purposes? No doubt Google is limiting its collection of data to that which is relevant for the marketing purposes, but the test in Canada is necessity, not relevance.

63. CIPPIC submits that a determination of what is necessary under Principle 4.4 should be driven not by what is possible or desirable from an advertising perspective, but rather what is actually necessary for Google to provide the service. The same test should be applied to all online advertisers, not just Google.”

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Google’s Mobile Search Advertising Ambition: Control the Market

From Online Media Daily [“Google’s Mobile Ad Move Gets Everybody Talking.” Tameka Lee. September 14, 2007] excerpt:

The search giant “is acting fast to take control of the mobile search ad market–a crucial move if it expands as predicted,” said Silicon Alley Insider’s Dan Frommer. And with The Kelsey Group predicting mobile search to generate more than $1.4 billion in ad revenue by 2012, Google is trying to get a jump on what right now is anyone’s game.

Google had been testing mobile text ads since last year, but decided to expand the effort–informing all AdWords advertisers through emails that if they didn’t opt-out, their sponsored links would now be served to mobile searchers…

According to a Google spokesperson, the company went full-scale with mobile search ads, partly because of the sheer volume of mobile-ready ads in place, and because “the mobile space is an increasingly important part of how users are accessing information.

Google: Cash, not Quality, Redefines Top Paid Search Placement

As Google changes its policies so it can dramatically broaden its reach for advertisers, esp. the ones with the deepest marketing pockets, it’s key to understand what it means for the future of democratically distributed content. We believe Google’s recent change to its “top rank” formula for paid search ads is important to note. One day, “quality” can be a parameter is helping define what sites show up first; the next, as it works to generate greater revenues, it’s who can pay the most. Here are key excerpts from a two-part story on ClickZ: [my italics] “The change is to the formula used to calculate whether Google gives the advertiser (and specifically, the ad) top placement. Top slots are defined as the slots above the organic results, as opposed to ads shown down the right rail…What changed is the formula Google uses to decide whether to show your ad in the top portion of the page or leave it in the right rail. To have an ad considered for top placement, you need a minimum Quality Score…Assuming you have a sufficiently high Quality Score, the new formula uses a combination of maximum bid and Quality Score to determine eligibility subject to a new minimum price for top placement set by Google.

This allows Google to decide, on a keyword-by-keyword and SERP-by-SERP basis, how much it wants to earn for the top spots. The minimum bid price for top positions is undisclosed and subject to change.” [blog note: SERP is the search engine results page]

The search function has become an important part of democratic media. Keeping the leading search engine accountable and transparent—let alone ensuring competition and meaningful access for diverse information—is key. All of the major search engines, btw, inc. Yahoo! and MSN, require serious public interest scrutiny.

Google’s Ad Industry-related Job Openings: help us become the “definitive source of marketing intelligence”

These three job announcements from Google are too good to ignore. They say a lot about where Google–and global society–are headed. I’ve excerpted from the complete ad (but links are there if you want to apply!). Take a look esp. at # 2.:

1. “The role: Industry Marketing Manager, Advertising Agencies – New York

As an Industry Marketing Manager in Industry Development, you’ll establish and build marketing strategies and tactics for Advertising Agencies. This involves positioning and tailoring Google products to the Advertising Agencies Vertical, staying current with consumer and industry trends, developing a reputation as a thought leader, contributing to effective collateral and interactive presentations, and working with Research on identifying your sector’s needs, contributing to the custom research scope and packaging the results. Expertise in the Ad Agencies Vertical is preferred…

Responsibilities:

  • Create and execute strategic marketing plans and programs to support Google’s advertising sales efforts in search, display, TV, audio, print, online video and commerce…”

2. “Consumer Advertising Insights Director… As the Consumer Advertising Insights Director, you will develop and grow our existing team of consumer and industry research analysts. Working with stakeholders across functions here at Google, you will drive the overall advertising research business strategy. Your team will be responsible for developing external communication frameworks for proprietary insights, primary research roadmaps, and secondary research programs. Working with the world’s leading marketers, your team will provide actionable marketing insights across industries, brands, and customers, informing the very marketing decisions that get executed through Google and beyond.

Key responsibilities will include demonstrating the value of Google as a brand-building platform, providing unique insights into consumer perception, behavior, and attitudes around the brands we are building, and managing relationships with vendors and clients. This role will provide the opportunity to work side-by-side with Google’s sales organization to provide subject matter expertise for our customers’ marketing and consumer research functions.

Responsibilities:

  • Establish Google as the definitive source of marketing intelligence.
  • Produce actionable and industry-leading insights around consumer web behavior.
  • Assess online advertising effectiveness and manage related programs.
  • Develop correlations between online and offline media and become an intelligent broker of media mix solutions, by client, industry, and marketing objective.
  • Analyze consumer web behavior for macro insights and trends.
  • Develop new industry intelligence by conducting independent primary research studies.
  • Partner with leading think-tanks (industry groups, academia, consulting firms).”

3. “The role: Industry Marketing Manager, Brand Advertising Solutions

The Industry Marketing Manager for Brand Advertising Solutions will work to define and execute marketing programs that help drive advertiser adoption of Google’s online display and video advertising solutions. With the rapid evolution of the online advertising landscape, and Google as the leading innovator in that market, this role will be at the center of much industry change. You’ll work closely with both Google and YouTube sales management on marketing programs that educate and influence the world’s largest advertisers and ad agencies. You’re an outstanding writer, an excellent communicator and a team leader. You also have the ability to create effective, interactive presentations and deliver them in front of large groups. Your thought leadership, excellent client-servicing and relationship skills, and entrepreneurship allow you to make persuasive presentations in front of new and existing customers.

Responsibilities:

  • Create and execute strategic marketing plans and programs to support Google’s advertising sales efforts, with focus on YouTube ads and online display ads.
  • Analyze data, trends and client performance, contribute to solid strategic sales plans, and prepare research and data for presentations the Sales team will use.
  • Create marketing materials such as case studies, thought-leadership pieces, client presentations, executive presentations, videos, media kits and white papers.
  • Provide insights and case studies that promote Google’s advertising platforms in your proposals.
  • Develop event strategy and drive your sector’s visibility by speaking at industry events and interacting with the media.”

Video Ads Likely to Appear on Searches from Google

The evolution of Google from a system designed to provide the public with information into a full-blown data–collection broadband video platform promoting the interests of brands and marketers will make a very good Ph.D. thesis (we think Stanford would be a great place to write it up!). Here’s an excerpt from today’s Online Media Daily entitled: Google Considers Video for Search Listings:

Sundar Pichai, Google’s director of product management, and Nicholas Fox, Google’s group business product manager, addressed the possibility of bundling image or video ads into Google’s Universal Search. The discussion took place Thursday at the Citigroup Technology Conference in New York.

Fox says integrating video or image ads into sponsored search results is an option that has come up in internal discussions, since search ads are there to give users information that is most relevant to their query. “In many cases that’s a text ad,” Fox says. “In some cases, it may be an image, a video, or something else…” He gives the example of a local butcher: A video with shots of fresh meat and the overall store experience would be more enticing than a 10-word text ad. More value is provided to both the consumer and advertiser. Currently there is more thinking than action around the issue at Mountain View, and for potential experiments, Google will proceed “cautiously and slowly,” Fox says.

According to Pichai…[A]ny steps Google makes will have to be “incremental and evolutionary.”

source: “Google Considers Video for Search Listings.” Tameka Lee. Online Media Daily. September 7, 2007

Knight Foundation and a Grant for Viacom’s MTV: Funding a giant on its Journalism advisory committee

We have long had concerns about foundations funding media conglomerates to provide public service content. So, the John S. and James L. Knight Foundation’s recent award of $700,000 to MTV was troubling for us. The grant, part of Knight’s News Challenge awards, was so MTV can create “a Knight Mobile Youth Journalist (Knight “MyJos”) in each of the 50 states and the District of Columbia to report weekly – on cell phones, and other media – on key issues including the environment, 2008 presidential election and sexual health.” Viacom’s 2006 revenues were $11.5 billion. Don’t you think there’s enough left over to pay for the mobile journalism program! The idea that MTV should be subsidized for contributing to public service is wrong-headed. Besides, MTV is engaged in such mobile activities to help build up its brand so it can earn more online advertising dollars.

Journalism foundations such as Knight–and J-Schools–should be holding the media industry’s editorial feet to the fire, shaming them to spend more money on serious journalism. Knight should not be funding media conglomerates whose owner resides comfortably in Beverly Hills. Meanwhile, it what raises some interesting questions about “insider funding,” we note that Viacom’s MTV VP Ian Rowe serves on the Knight Foundation advisory committe for journalism. Rowe is quoted in the Knight Foundation press release announcing its News Challenge grants as a grantee spokesperson.

PS: What timing. Broadcasting & Cable just reported that Knight is again teaming with Viacom’s MTV to give away $500,000 to support “young people who have ideas for pushing journalism into the digital age.” It’s called the “Young Creators Award.” We hope all the money has come from Viacom. By the way, Knight and media beat reporters should be asking what MTV is doing with the data it can collect from mobile users. Will it engage in targeting for its other products? In what ways are the Knight supported work designed to build up the commercial role of MTV? How much is such pro-social ad campaigns worth to Viacom’s bottom-line?

Dow Jones Conflict Watch: Murdoch, WPP, China Broadband

Just for the record, we want to highlight this Telegraph (UK) story about ad giant WPP investing in China Broadband Capital Partners [via the ever vigilant folks at paidcontent.org]. Here’s an excerpt about Murdoch:
“Co-investors in the China Broadband fund include Rupert Murdoch’s News Corporation, which owns MySpace and holds a stake in the social networking site’s embryonic Chinese operation, and China Netcom, one of the country’s two major state-owned fixed-line operators. PCCW, the Hong Kong-based media group, is also an investor in the fund…China Broadband’s most significant investment to date was its acquisition of a stake in MySpace China, which has yet to be formally launched. A beta version of the site was unveiled in April, and News Corp has not disclosed any details about its performance.”

How can the good journalists at the WSJ and Dow Jones ever hope to really tackle the issues involving Murdoch’s holdings and relationships? They will try, but probably can’t sustain it in the long run. Let’s keep an eye, meanwhile, on News Corp, WPP and the China connection. The Chinese people have a lot at stake about who controls their media future, especially when it combines state control with hyper-commercialization.

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Role of Interactive Advertising & the Subprime Scandal: Another wake-up call for FTC

Yesterday’s Financial Times has an important story which should trigger an investigation into how the online marketing industry has faciliatated the selling of subprime mortgages and other credit. The online ad industry–including search engines and publishers–have to begin to act more responsibly. It’s time for real public policies by the FTC and Congress to protect consumers. Here’s an excerpt from Richard Waters FT piece:

“Internet companies are bracing for a possible fall-off in one of their biggest sources of advertising following the meltdown in the subprime mortgage market…Pricing could also be hurt more broadly on some classes of advertising on web search engines, because fewer advertisers are expected to be competing in the advertising auctions run by companies such as Google to have their messages displayed next to specific keywords.

“A lot of the subprime [advertising] has gone away,” said David Jakubowski, general manager of Microsoft’s MSN service.

This loss had yet to have a broader effect in the search business, he added…

Many online companies depend for a disproportionate amount of their income on financial services advertising, with subprime in some cases accounting for a large part of it.

Sixteen per cent of all online advertising comes from financial services companies, making it the second biggest source of advertising behind the retailing sector…

Companies that lent to subprime borrowers relied heavily on the internet to attract customers, concentrating the effect of the meltdown…According to data from Nielsen/NetRatings, mortgage lenders Countrywide and Low Rate Source were two of the 10 biggest online advertisers in the US in July.”

Take a look as well at this very interesting ZDNet Aug. 16th online column by Dan Farber and Larry Dignan (excerpt):

onlineads.png

The top spender on advertising is a mortgage referral company Low Rate Source (woops). The third ranked company is credit rating firm Experian (may actually do better because if your credit rating isn’t pristine you’re not getting a mortgage). And the fourth ranked advertiser was Countrywide Financial, which just tapped its credit line because mortgage liquidity is drying up. Countrywide is a lock to cut spending and its online advertising budget. And you can’t peruse Yahoo Finance or Google Finance without getting a mortgage pitch somewhere.

InterActive Corp. is the fifth ranked advertiser and it’s a safe to bet that some of that advertising directs folks to LendingTree, which also refers folks to lenders…Meanwhile, there are a lot of keywords being bought by those aforementioned companies. Watch the language from Google, Microsoft or Yahoo to monitor the fallout.”

And when Congress, the FTC or state attorneys-general begin investigating, it may be useful to consider this, courtesy of MediaPost’s Marketing Daily:

A recent article by Patricia A. McCoy in the Harvard Journal on Legislation, titled “Rethinking Disclosure in a World of Risk-Based Pricing,” found that “numerous subprime ads are tantamount to affirmative misrepresentations.”

Specifically, McCoy found two main areas of advertising deception under the terms of the Truth in Lending Act. First, “TILA allows sub-prime lenders to tout their best rates, without disclaimers and regardless of the fact that numerous sub-prime customers will not qualify for those rates.” Second, TILA also “permits lenders to dangle alluring teaser rates before consumers without notifying them how high their interest rates might go following rate reset.”

In effect, she adds, this means that “sub-prime lenders can entice customers with rosy prices that are not available to weaker borrowers, hike the price after customers pay a hefty application fee, then raise the price again at closing.”

Murdoch’s MySpace expands data collection/ad targeting, including on whether users say they smoke, drink, religious beliefs, etc.

The powerful commercial forces shaping new media platforms like MySpace–so they can better reap big dollars from powerful brand advertisers– should raise user alarm bells. MySpace is going to [our italics] “leverage the data input by each MySpace user into their profile from a group of predefined menu choices (related to questions such as drinker, children, education, smoker, religion, college, employer, etc). Within the next year, MySpace will be able to target ads based on what users write and place on their Myspace page itself, such as what TV shows members like to watch or music they listen to. Aside from focusing on members’ login pages, the ad targeting will be used across all of the MySpace-programmed, “safe” advertising sections, such as the Music homepage and MySpaceTV.” That’s according to a 8/24 report from paidcontent.org

On August 17th, Coca Cola also paid $1 million to “have its logo splashed across the entire home page of the Fox Interactive Media social net for the entire day.”

Such news follows last week’s report from the Wall Street Journal on Facebook’s plans to expand the role of advertising and targeted marketing as well. Much more work needs to be done to create social networks where marketing is done responsibly in terms of privacy, environmental sustainability, and with the focus on revenues serving community interests.

Meanwhile, the Federal Trade Commission should open up an investigation. It’s additional evidence that the agency has to swiftly act to protect consumers, including youth. The upcoming town hall on online marketing and data collection–done in response to a complaint filed by this blogger’s group and USPIRG–is insufficient. What will it take for the FTC to be proactive in this area? Congress should hold hearings on how well the agency is truly addressing the ever-growing threats to online privacy from interactive marketing, including its impact on the public health.

PS: Just a reminder about what a former Fox Interactive president said about MySpace, according to trade reports: the “digital gold inside of MySpace wasn’t the number of users, but the information they’re providing, structured and unstructured data” …

PPS: More on what to expect from profile-based targeting via MySpace [excerpt from 8/7/07 Mike Barrett interview] :”By October or November we’ll have broken these 11 segments into 100 segments. So you can target people who are not just interested in beauty, but makeup. Or people not just interested in travel, but safari travel. Being able to break down the segments even more finely will add more value to marketers.”

Social Relationship data collection and targeting [via imediaconnection]: “Conventional wisdom says that MySpace and Facebook are powerful because of their massive reach and addictive usage. While true, they are in fact even more powerful because they are able to add significant layers of data to make their advertising more relevant. Indeed, very few properties other than social networks collect the various layers of data necessary to provide true relevance. Social networks have the potential to serve advertisements based on a user’s age, sex, interest, relationship data, and with some modifications, they could add the rest of the data as well.”

The imediaconnection piece says that social network marketers can define relationship data by asking itself: What do we know about the user’s friends that can enable us to better target the advertising.”