Category: media criticism

CDD Urges Regulators to Protect Consumer Privacy in Comcast/NBCU deal

The Center for Digital Democracy will ask both the FCC and FTC to ensure that consumer privacy is protected as part of the regulatory review of the Comcast/NBCU partnership.  Comcast is currently deploying interactive TV applications, including for advertising, on its cable systems.   The nation’s largest cable company and broadband ISP  has played a leading role in developing next-generation “advanced advertising” services through the Canoe Ventures interactive TV cable consortium, as well as with CableLabs (Comcast chair Brian Roberts is the chair of the board of CableLabs, the industry’s R&D center).  For advanced advertising, information on household viewing, including from individuals, will be collected from set-top boxes that can be combined with outside databases to form viewer ad targeting profiles.   Highly personal ads will be created, practically instantaneously, for real-time delivery based on these profiles. Cable and other video providers are creating a “real-time decision-making system” for marketing that analyzes user data–including income, ethnicity, and viewing and behavior patterns–to help determine the precise ad to be delivered. Comcast is reportedly planning  “a gigantic database called “TV Warehouse,” able to store a full year of statistics gathered from digital set-tops in more than 16 million households nationwide… having a massive 500 Terabytes of storage, would then feed up to a database even broader in scope operated by Canoe Ventures…”

As the nation’s biggest “video provider” and “largest residential Internet service provider,” Comcast has access to detailed financial information on its TV and broadband subscribers.  It also has a treasure trove of consumer data on viewing behaviors online and with TV.  Comcast can also use its dominate position as the leading high-speed ISP and cable TV provider to extract additional consumer information from its programming partners.   Regulators will need to ensure effective safeguards on network neutrality, programming access and competition, and consumer privacy—especially for “advanced advertising.”

CDD also will ask competition authorities to review Comcast’s relationship with Canoe Ventures, and its implications on content diversity.
Some Background:

http://www.comcastmediacenter.com/media/news-releases-detail.html?content_item_id=161;

http://www.comcastspotlight.com/sites/Default.aspx?pageid=7680&siteid=62&subnav=3

http://www.canoe-ventures.com/;

http://www.cablelabs.com/projects/dpi/;

http://www.experianmarketingservices.com/capabilities_digitaladvertising.php;

http://www.lightreading.com/document.asp?doc_id=183658&site=cdn;

http://www.multichannel.com/article/161894-Comcast_TV_Warehouse_To_Collect_STB_Clicks.php;

http://www.screenplaysmag.com/corporate/sigma/;

http://www.comcast.com/corporate/about/pressroom/corporateoverview/corporateoverview.html

Huffington Post CEO Opposes Consumer Privacy Safeguards [HuffPost CEO Eric Hippeau Doesn’t Get Privacy]

File this under “we aren’t concerned about the public interest when it may affect our bottom line.”  At yesterday’s Web 2.0 Summit conference, a panel on the future of news included representatives from HuffPo, Google, the NYT and others.  When a question was asked from the audience about behavioral targeting, here’s what Huffington Post CEO Eric Hippeau said [according to the WSJ]:

“it’s much ado about nothing. “I’d much rather see an ad I’m interested in,” he says. Efforts at regulation are made by people who “don’t get it.”

Shame on Mr. Hippeau.   Perhaps he opposes protecting consumer privacy because it would be inconvenient while his company expands its online ad targeting business.  HuffPost uses a range of online data collection and targeting tools, including Pubmatic for ad optimization, and Admeld. It uses Time Warner’s behavioral targeting subsidiary Tacoda [advertising.com] and also Google’s DoubleClick service.  Here’s an excerpt from HuffPost’s privacy policy:

“The more we know about you, the better we are able to customize our web site to suit your personal preferences and interests… We may also from time to time send you messages about our marketing partners’ products. To maintain a site that is free of charge and does not require registration, we display advertisements on our web site. We also use the information you give us to help our advertisers target the audience they want to reach…the ads appearing on HuffingtonPost.com are delivered to you by DoubleClick, our Web advertising serving partner. Information about your visit to this site, such as number of times you have viewed an ad (but not your name, address, or other personal information), is used to serve ads to you on this site. And, in the course of serving advertisements to this site, third party advertisers may place or recognize a unique cookie on your browser.”
As we have said, we can both protect privacy and also foster the growth of the online ad market.  Mr. Hippeau revealed a starkly uninformed–and crass–dimension to the HuffPo’s corporate leadership.



A Microsoft/Yahoo! Deal will Raise Privacy and Competition Issues [Annals of Behavioral Targeting Mergers]

Microsoft and Yahoo!  should expect privacy and consumer groups to vigorously press regulators to closely and skeptically examine any deal–and at the very least urge them to impose a series of tough conditions on data collection and ad practices.  This digital duo will not get a free data collection pass from privacy and consumer groups, even if a new combination would provide much needed competition to Google.  Microsoft and Yahoo have created elaborate data collection services across platforms and applications, including for behavioral targeting.  They have competing ad targeting businesses in search, display and mobile, for example.  Both companies operate leading ad exchanges (where our profile data is bought and sold like food commodities). They also have competing ad targeting research and development efforts. Beyond the US, there are important competition and privacy issues for the EU as well.

A merger that further concentrates control by a dwindling very few over the digital marketing and advertising business illustrates how quickly consolidation has emerged as a principal and worrisome feature of the Internet era.

Progress & Freedom Foundation Comes to Aid of its Data-Collecting Backers (Using a `save the newspapers’ as a ploy to permit violations of consumer privacy protection!)

This report from Internetnews.com on the Progress and Freedom Foundation’s “Congressional” briefing illustrates how desperate some online marketers are that a growing number of bi-partisan congressional leaders want to protect consumer privacy.  So it’s not surprising that some groups that are actually financially supported by the biggest online marketing data collectors in the world would hold a Hill event to help out the friends who pay their bills.

It should have been noted in Ken Corbin’s that Google, Microsoft, Time Warner (AOL), News Corp. (MySpace) financially back the Progress and Freedom Foundation (PFF).  Other behavioral data targeting `want to be’s’ who monopolize U.S. online and other platforms are also backers:  AT&T, Comcast, NBC, Disney/ABC, Viacom/MTV/Nick, etc. For a list, see here.

PFF and some of its allies deliberately distort the critique of consumer and privacy groups.  We are not opposed to online marketing and also understand and support its revenue role for online publishing.  But many of us do oppose as unfair to consumers a stealth-like data collection, profiling and ubiquitous tracking system that targets people online.  One would suppose that as a sort of quasi-libertarian organization, PFF would support individual rights.  But given all the financial support PFF gets from the major online data collectors, how the group addresses the consumer privacy issue must be viewed under the `special interests pays the bills’ lens.

PFF and its allies are playing the ‘save the newspaper’ card in their desperate attempt to undermine the call for lawmakers to protect consumer privacy.  Newspapers and online publishers should be in the forefront of supporting reader/user privacy; it enhances, not conflicts, with the First Amendment in the digital era.  Finally, PFF’s positions on media issues over the years has actually contributed to the present crisis where journalism is on the endangered species list.  This is a group that has worked to dismantle the FCC, eliminate rules designed to foster diverse media ownership, and undermine network neutrality.

PS:  The article quotes from Prof. Howard Beales of George Washington University (and a fCV,ormer Bush FTC official with oversight on privacy).  Prof. Beales was on the PFF panel.  Prof. Beales, according to his CV has served as a consultant to AOL and others (including  Primerica and the Mortgage Insurance Companies of America).  Time Warner, which owns AOL, is a PFF financial backer.  All this should have been noted in the press coverage.

Time Warner’s AOL Spin-off: How the Failure to Require Network Neutrality (Open Access) Led to a Failed Mega-Media Merger

News that Time Warner will spin-off AOL should also be analyzed in the context of the network neutrality debate.   AOL would never have had to pursue merging with Time Warner if the Clinton FCC had supported its call–backed by many consumer groups–for “open access” to broadband.  Denied the ability to migrate its successful telephone/common carrier-based business model to cable broadband by the FCC, AOL had no choice but to buy its way into the cozy cable industry club.  Here’s what Steve Case, then president of AOL, said at the National Press Club in 1998, as covered by my CDD:

“Government,” as he told the National Press Club in October 1998, “has a responsibility to preserve an open playing field—to preserve the openness, innovation and competition that are at the heart of the Internet….” Nor did Case shrink from suggesting that regulation was the key to untangling the broadband puzzle. “Significant challenges currently face regulators in the communications realm,” he conceded. “There is currently one set of policies that governs telecommunications, and another governing cable. These legal, policy and regulatory frameworks have little to do with each other….” Thus it was the government’s responsibility, Case concluded, to see that the cable broadband environment conformed to the “openness, competition and rapid innovation” that is the very “DNA” of the Internet. “The bottom line,” Case insisted, “is that competition in all ‘last mile facilities’ should remain open so that consumers have the same kind of choices in broadband that they do in narrowband.”

If the Clinton FCC, then under Chairman William Kennard, had supported open access, we (including the many Time Warner and AOL investors who lost considerable sums) may have avoided further media consolidation and the wreck which became AOL Time Warner.  It’s a history lesson the in-coming FCC chair and others should review.

Technology Policy Institute’s Funders: An Online Marketing and Data Collection Lobby [Annals of Undermining Privacy Safeguards]

The Technology Policy Institute has a new study designed to help its corporate backers undermine the growing call to protect consumer privacy online.  Look who funds the TPI (and look for the failure of the study to acknowledge the funders and the conflict of interest) :

  • Ewing Marion Kauffman Foundation

Online Behavioral Profiling & Targeting of Individuals Based on their Political Interests: Privacy Safeguards Are Required for Interactive Marketing

This week an online marketing company called Resonate Networks “announced the first online ad network built for political and public affairs advertising.” According to the company, “Resonate’s ad network is powered by its proprietary Attitudinal Targeting platform that, for the first time, provides public affairs and political advertisers with the ability to identify, persuade, motivate and organize like-minded audiences online and drive them towards an actionable step—whether it is joining a campaign, contributing to a cause, or supporting an initiative.”  Resonate’s platform, they say, was “[D]eveloped by world-class research and online industry experts, Resonate’s Attitudinal Targeting platform incorporates extensive and proprietary algorithms, data modeling and analysis to map Web users’ attitudes and issue positions against their online behavior.  Attitudinal data that advertisers can leverage include…Targeting highly influential individuals with a history of taking action related to an issue of interest…”   “It’s really drilling down to people’s beliefs and where they stand on issues,” Resonate’s CEO told MediaPost.

Resonate told the Washington Post’s Cecilia Kang that the company’s approach doesn’t raise any privacy concerns.  But they are wrong.  How citizens and others are tracked, analyzed, profiled and targeted based on their political views is a privacy (and consumer protection) issue.  Both Congress and the FTC need to look closely at the growing role online profiling and targeting is playing in the political and policy arena.   

Financially backed by well-known political campaigners from both parties,  Resonate also explains that it “has developed one of the most advanced engagement models available, with the ability to not just understand who is influential, but where you can find influentials who care about specific issues.”   Here are excerpts of its pitch to corporate advertisers:

“For the first time, corporate advertisers and agencies have the power to precisely pinpoint and reach web users whose attitudes and issue positions make them most receptive to certain messages and calls-to-action…Micro-Targeting Means Higher-Performance Campaigns: Resonate Networks delivers higher concentrations of your target audiences, translating into greater exposure for your campaign among the right mix of people…Message Segmentation: The success of your campaign may require reaching different audiences with different messages: A supportive audience may receive a direct response offer, while others who are unaware of your products or their benefits may receive an educational message designed to nurture their interest over time. Reduced Budget Waste:  Resonate offers the ability to reach web users that are pre-disposed to your message or product based on their attitudes or beliefs. Conversely, Resonate can help avoid those who hold opposing or conflicting beliefs.”

In addition, Resonate says that it uses “Rich Attitudinal Data:

  • Resonate targets campaigns based on layers of detail on a range of audience attitudes, including:
    • Issues and issue positions
    • Engagement/influencer status
    • Ideology
    • Media consumption
    • Religiosity
    • Partisanship
    • Vote history”

Memo to Acting FCC Chair Michael Copps on Cable TV “Branded Storytelling”: A Tour of Embedded TV Advertising

Dear Mr. Chairman:

We are emailing you the link to this week’s Advertising Age’s story called “Designing a Custom Fit: Cable Offering more integrated, multiplatform deals.”  If you needed any additional evidence that the business model that further merges programming content with advertising requires scrutiny, debate, and safeguards (especially in the youth market), we offer the following article excerpts as evidence.  Clearly, the comedy writers are creating the marketing strategies for some of the cable programming networks.  But I’ve put a few of the best lines in bold:

Call it extreme sponsorship.

As advertisers look for maximum returns on their media investments, cable networks are offering an increasing number of creative, customized and multiplatform ways to partner with marketer brands—and to make sure viewers are paying attention.

The options for integrated marketing have gone far beyond a title sponsorship or a simple product placement. Today the buzzwords are “content-mercials,” “intromercials,” “branded storytelling” and custom marketing. Network series stars are featured in marketers’ commercials—and marketers’ products have a starring role in hit series…USA Network’s approach is to treat an advertiser’s brand as a supporting character in its multiplatform “Characters Welcome” credo. “Our network is not about one genre or one demographic. We are about characters. We celebrate the character of your brand,” says Chris McCumber, exec VP-marketing, digital and brand strategy for USA Network…

USA’s hottest show right now is “Burn Notice.” In its inaugural season, “Burn Notice” partnered with Saab 9-3 for an online game, “Covert Ops,” that allowed users to “drive” a virtual Saab all over Miami…In “Covert Ops,” “while you are playing the game, you are using the elements of Saab. The game drew more leads to Saab.com than the number of cars available to sell,” Mr. McCumber says. “The gaming area has incredible opportunities for brand integration.”…USA’s on-air integrations include using Hoover vacuums to “sweep” graphics off the screen during “Clean House.”…

On A&E Television Networks’ History, Subaru is a presenting sponsor for the upcoming “Expedition Africa: Stanley & Livingstone.”…

“We provided the explorers at certain points in the expedition [in four episodes] with the Subaru—where it made sense,” says Mel Berning, exec VP-ad sales for A&E Television Networks.

The integrations highlight features such as trunk space capacity and vehicle toughness off-road. Thirty-second “content-mercials” will run in every episode…AMC is promoting its Branded Storytelling—a way for advertisers to tell their brand stories through AMC’s programming, says Bill Rosolie, AMC exec VP-sales….Examples include: Takeovers, where marketers can own an entire episode, movie or day with their messages; Matching Moments, where AMC breaks the action with a sponsored pod that directly follows relevant content; and “Matching Attributes,” where brands’ messages are connected to key movie content by using custom creative to run within the film…

Nickelodeon has made multiplatform integration central to its ad sales efforts. This year Nick teamed with Walmart for an integrated effort celebrating the 10th anniversary of the No. 1 kids show, “Sponge Bob Square Pants.” The plan included TV, print and online media backed by in-store support. The Happy Place inside its Walmart stores offered exclusive Sponge Bob merchandise. A microsite (www.spongebobhappyplace.com) requests a sign-on code, only available at Walmart stores, to allow visitors access to exclusive content.

In 2008 Nick and AT&T joined efforts on a Web site where kids could text “iCarly,” get an iCarly ringtone, view cool gadgets (such as the Palm Centro or the AT&T Slate) and see a sneak peek of the iCarly movie “iGo to Japan,” which aired last November.

source:  Designing a Custom Fit.  Nancy Coltun Webster.  Ad Age.  May 4, 2009

John Wilke of the Wall Street Journal

John Wilke was a wonderful investigative journalist.  He had passion, style, and was relentless when on a story.  It was evident that although John was very serious about the work, he also had fun while in pursuit.   I had the privilege of first meeting John during the FTC review of the AOL Time Warner merger.  We all know how rare investigative reporters are in journalism–especially those interested in ensuring that both business and government be held accountable.  John was a breath of spirited fresh air–someone you could give documents, a source or a story angle to and would then do their best.  It was a joy to see him at work.

He will be missed.  I know he inspired me and I’m sure countless others.  My condolences go to his family, his colleagues, and his many fans among the public.

I urge everyone to read the comments of many of Wilke’s colleagues.   They are a moving homage to a terrific journalist, colleague and friend.  They also remind me of how precious great journalism is–exactly the type of work John embodied.