Two years after CDD & USPIRG warn about online advertising & media consolidation, a call to “monitor the state of competition”

Yesterday, Sen. Herb Kohl, the chair of the Senate Antitrust Committee, sent a letter to the Department of Justice about the proposed Google/Yahoo alliance. Two years ago next month, in its initial complaint filed at the Federal Trade Commission calling for an investigation into behavioral online ad targeting, CDD and USPIRG also petitioned the agency to open up an antitrust investigation. It was clear two years ago–as one surveyed the dizzying global shopping spree by Google, Yahoo, Microsoft, Time Warner/AOL–that a tiny handful would soon dominate the online ad market. Given that online ad revenues are the key to the funding of almost all interactive and online content, we were disturbed by the trend then towards consolidation. Of course, fewer companies controlling all that consumer data also raised fundamental privacy concerns.

Two years later, of course, we have even fewer independent companies left standing. Google swallowed DoubleClick (and is poised to partially operate Yahoo); Yahoo acquired Blue Lithium and Right Media; Microsoft acquired giant aQuantive; Time Warner bought Tacoda and Third Screen Media. Etc.

Regulators on both sides of the Atlantic have been asleep at the digital switch. They have failed to both protect competition and privacy. However, there is a growing awareness that there are serious problems looming. As we know, the same deregulatory philosophy which helped wreck our economy is also the foundation for communications and media policy. It is accompanied, of course, by a `golden’ revolving door between government and private industry that has left consumers and citizens vulnerable to a wholesale set of unfair practices. Addressing these issues will be the focus of much work over the next several years.

The Financial Meltdown & Media Deregulation Connection

Much of journalism has a `deer-caught-in-the-headlights’ quality as it reports on the current fiscal crisis. Why was this issue off the radar screen for so many reporters and producers? Part of it is that the very system that underlies professional reporting is connected (and funded) by the very forces that have helped wreck the economy. But over the last ten years, journalism in the U.S. has undergone a further serious deterioration, with its ranks thinned. Investigative reporting is on the endangered professions list (with investment bankers perhaps now joining that list as well).

Media consolidation has helped play a role here, further contributing to a news culture where reporters and their parent news organizations really don’t spend time examining beneath the surface of events. All the media mergers we have witnessed since the 1996 Telecom Act has decimated newsrooms, slashed news budgets, and has left journalism on life support (at best).

Just as the Congress failed to engage in meaningful oversight of the financial markets–and spurred the crisis along through deregulation– so too have they largely failed to address the impact of what’s called media deregulation (which meant eliminating rules designed to benefit both the public and press with policies that favored their largely giant corporate owners). As we write in Digital Destiny, Republican and Democrats have long been captured by the influence-wielding (and job promising and donation giving) Big Media “well-connected.” We blame the current deep crisis that has undermined the country’s system of reporting and journalism on the failure of policymakers to ensure meaningful diversity of ownership, public service rules, and new proactive policies which would have addressed this critical problem.

Former FCC Chairman Michael Powell’s key congressional patron was Sen. John McCain. Powell’s enthusiastic and uncritical embrace of a deregulatory philosophy during his recent tenure at the helm of that oversight agency helped spur media mergers, journalism lay-offs and other editorial cutbacks. Powell is currently a “technology adviser” for the McCain campaign.  For those of you who are interested in learning more about Mr. Powell and Senator McCain, it’s covered in Digital Destiny (New Press, 2007).

We don’t want to suggest our column is intended to be partisan. Many people know we have been equally critical for the failure of William Kennard, Mr. Powell’s predecessor during the Clinton era, to respond to the call by consumer groups to implement open access for broadband (now known as network neutrality). Mr. Kennard is one of Senator Obama’s major donors. We were also critical of Reed Hundt, Mr. Kennard’s predecessor. Both Pres. Clinton and Al Gore hailed the passage of the 1996 Telecom Act. Frankly, we have concerns about the fate of public interest media and telecommunications policies regardless of who wins the election. But it’s important, in our view, to recall history–including the recent events involving former FCC chairman Michael Powell. How both candidates would fix the mess with our communications system–including ensuring meaningful content and ownership diversity for digital media–should be part of the national debate.

We should realize by now that deregulation of the financial markets contributed to a culture of greed that bought down—at taxpayers expense–an economic house of cards. Fixing our system of journalism for the digital era must be on the policy agenda [we need legions of investigative reporters asap].

Google Policy Blog Fails to Address Yahoo! Deal & Threat to Competition & Privacy

Google’s post today by Tim Armstrong on why its proposed deal with Yahoo! isn’t a competition problem attempts to weave and spin this critical issue. It’s very revealing as well about Google’s own failure to develop into a company which honestly engages in self-examination and reflection. As one can see from the current melt-down of the financial markets, making money shouldn’t be the sole motivation for behavior. Google should have been able to acknowledge that a major deal with its leading search competitor raises serious questions worthy of broad debate and critical analysis.

The failure of Google to respond to the concerns raised by the World Association of Newspapers this week is reflective of this. Newspapers and content publishers are rightly worried about ensuring a diversity of funding sources for the production of news and other information necessary for a democratic society. It’s not as simple as Google’s Tim Armstrong (who wrote today’s post) suggests, that this deal with give consumers “relevant ads” and help keep Yahoo afloat as a robust competitor. In fact, Armstrong and Google, we believe, aren’t being candid here. When an online ad company dismantles (or turns over) a core part of its search function to its leading competitor, it becomes fatally wounded. As Google knows all well, search and display (and online content) are all intertwined. Yahoo’s future, in my opinion, as a full service online ad company is endangered, as more businesses realize that its search ad business relies increasingly on Google.

There are many troubling privacy issues with this deal, something Mr. Armstrong tries to dismiss by saying that [our emphasis]: “[W]e have taken steps in the Yahoo! agreement to make sure that neither company has access to personally identifiable user information from the other company.” But that leaves open an array of personal data collection points, such as cookies, IP addresses, and other statistical analysis online related data. (The failure, by the way, for the privacy issues of the proposed deal to be investigated by the FTC and Congress, is also disturbing).

Mr. Armstrong is Google’s “President, Advertising and Commerce, North America.” He directs their online ad sales. In responding to concerns about competition in the online advertising market–given its links to broader societal concerns–more than just assurances from the sales department is required.

Time for National Policy Providing Basic & Free Broadband for All: Metering and Ad-Supported Access Not the Answer

As Time Warner and the other broadband monopolists craft schemes to begin imposing pricing plans for broadband which limit and meter our online use, it’s time to push for a meaningful public interest “universal service” digital age policy. A 21st Century democracy should provide a reasonable amount of free access to every citizen in their home (along with more plentiful free access in schools, libraries, and community sites). Today’s New York Times has an non-analytical article on the Time Warner broadband metering trial [“Putting a Meter on the Computer for Internet Use.” Reg may be required].

Under Michael Powell’s FCC, the Bush Administration gave a broadband monopoly to the phone and cable giants–ending the hope for any serious competition. By rewarding the old monopolists (cable TV & phone) with a new digital domain to lord over, the Powell FCC ensured that consumers and citizens would eventually have to confront threats to both affordable service and content diversity online [that’s the network neutrality part of the story]. The plan by Google and others to free up extra spectrum isn’t a complete answer either. More bandwidth governed by an advertising-centric business model will foreground some kinds of content over others–leaving, we believe, digital content that illuminates democratic expression a hostage to commercial forces.

That’s why everyone must be guaranteed some form of free basic bandwidth so they can access news, information, and even entertainment without fear of running afoul of a cut-off (or huge bill) by their local cable or phone ISP. What that free access amount should be needs to be debated; but it should be generous enough so individuals can consume mighty multi-media amounts of educational, civic, and political content.

It will be a true test for the groups working on communications policies–as well as the leaders of our major political parties–to see if they have the vision and courage to call for what is right. If they merely confine themselves to be a part of the safe and narrow dimensions of what are the usual U.S. media policy debates, they will fail to address one of the critical public interest issues of our time.

Faster than the CBS Blinking Eye: CNET now offers behavioral targeting for its advertisers

We know the folks at Viacom and CBS know a great deal about digital marketing. The new overhaul of the CNET site, which CBS acquired last June, includes behavioral targeting in the redesign. CNET now–“[B]ased on what users are searching for, manufacturers will be able to connect with them… within the comparison shopping process. In addition to its traditional focus on tech products, CNET is adding appliance and kitchen gadget reviews, covering such products as built-in ovens, dishwashers, microwaves, refrigerators, small appliances, stoves and ranges, and washers and dryers.”

Of course, we hardly don’t know any media outlet that isn’t using some form of behavioral targeting and other interactive marketing techniques. But what’s generally missing is real disclosure to users and their ability to determine what is collected and by what methods. And while online advertising is the key business model for the future of online publishing, the rush to embrace of behavioral targeting by news organizations raises a number of disturbing questions. It’s an issue we will cover.

source: CNET.com undergoes major revamp. btobonline.com. August 28, 2008

Annals of Digital Product Placement: Brand Integration Deals & Online Video

Eventually, both the FTC and FCC–and Congress–will need to address this (as will the EU, etc). As “brand integration” increasingly becomes a key business model for online video publishing, more than disclosure should be required. Here’s an excerpt from TV Week:

“Some market research firms forecasting the size of the online video ad economy aren’t counting money spent on brand integration and product placements…

That suggests the size of the Web video economy is being underestimated by the amount of ad dollars flowing into high-profile Web shows such as NBC-backed “Gemini Division,” EQAL-owned “LG15: The Resistance” and Revision3’s “Diggnation.”

That’s a problem because they generate most of their ad revenue from brand integration and host shoutouts, as do many Web studios including Next New Networks, Revision3, ManiaTV and For Your Imagination.

“The vast majority of revenue we derive for our shows are from brand integration,” said Greg Goodfried, one of the executive producers of “LonelyGirl15” and its spinoffs, which have inked deals with MSN, Disney, Paramount and Procter & Gamble…“Brand integration is one of the biggest segments of the online video ad market, maybe bigger than pre-rolls,” said Raj Amin, CEO of HealthiNation, the online video health information network…There are no current estimates on the size of product placement deals in Web video. But Web TV networks such as Revision3 and For Your Imagination said they charge $60 to $80 on a cost-per-thousand basis for such buys.”

source: “Problems Emerge Measuring Web Video Ads: Product Placements Left Out of Estimates.” Daisy Whitney. TV Week. August 31, 2008.

Google/Yahoo deal and its impact on newspapers

One of the issues the Center for Digital Democracy has asked the Department of Justice to investigate is the impact of the proposed deal between Google and Yahoo and its impact on the already endangered newspaper business. Both Yahoo and Google provide online search ads or related services for the majority of the country’s newspapers. Analyzing how the pairing of Yahoo and Google may affect payments to newspaper publishers, and whether there may be the potential loss of competition, is necessary. Given the current financial pressure on newspapers, CDD urged ‘DoJ to examine the deal to address whether it will contribute to a loss in revenues necessary to ensure Americans have access to print-oriented news resources.” (It’s also interesting to note that Yahoo was reported in the trade press in February 2008 as seeing the potential of its newspaper ad platform to even compete with DoubleClick–which at the time was already acquired by Google

IAB’s Lobbying Against Privacy Safeguards: Trade Group Will Add New Members to Help Fight Consumer Protection Legislation

The trade lobbying group Interactive Advertising Bureau (IAB) plans to add new members to help it generate “grassroots support against proposed legislation in New York and Connecticut that would ban the collection of data about online consumers without a person’s specific consent.” According to ClickZ, the IAB will create a new low-dues membership structure which will enable smaller online advertisers to swell its ranks. What is IAB’s pitch to its prospective members about privacy safeguards offered by state legislators in New York and Connecticut? ClickZ says that “[T]he IAB contends that the proposed measures would have a disproportionate negative impact on small publishers that rely on ad networks to manage advertising sales.”

The IAB’s leadership is off on a irresponsible mission to persuade online marketers and the public that privacy rules would “kill the web.” Such an self-serving view of why privacy rules are required in the age of online marketing will only further diminish the credibility of the IAB.

The New York Times Tracks its Online Audience: Boolean Boola

We have long believed that the New York Times needs to explain to readers and users the range of digital marketing technologies and strategies it deploys. The Times (and its Times Digital) uses behavioral targeting and is currently working with Revenue Science. Revenue Science proudly proclaims that the “behaviors of more than 120 million individuals are tracked and aggregated from across the Internet.” Claiming it relies on “powerful Boolean logic” to propel its tracking and targeting effort, Revenue Science explains that it places users into discrete targeting segments “… based on multiple criteria that demonstrate interest or intent to buy. For example, to qualify for our automotive audience, users might read multiple articles and take specific actions such as filling out a loan calculator. Revenue Science uses Boolean logic to find and segment multilayered behaviors to reach the right audience…Revenue Science Targeting Marketplace connects people to engaging advertising with the most advanced behavioral and targeting capabilities available, and the marketers that choose Revenue Science benefit from advanced data intelligence to reach the right people, at the right time, every time.”

The Times Co. has been a leader in the online marketing arena for almost two decades now (as we explain in our book). Online is an important revenue segment for the Times Co. (as it must and should be for all newspapers). The Times “web analytics group” is looking for a “senior web analytics manager.” We think what such a person and the group does raises privacy and related issues. Here is an excerpt from the job announcement: “The New York Times web analytics group is responsible for measuring and understanding the largest and most influential online newspaper audience in the world… As a senior web analytics manager, you will be expected to:

• Deeply understand the NYTimes.com audience and their behavior
• Support the analytic needs of the company by using WebTrends and other analytical tools to understand trends in web traffic…
Work with the NYT customer insight group to coordinate and focus quantitative and qualitative analysis related to audience behavior…”

Ultimately, web analytics, tracking and targeting techniques will have an impact on journalism-some good, others not-so-good.  When an online publication understands exactly what the most desirable demographic–or even individual–wants in terms of news, it will have an impact on news budgets, we believe. So think more entertainment and less serious journalism down the road. Not at places like the Times, we hope, but certainly at many other publications.  But for newspapers to remain a credible source of information during this crucial transition phase for journalism, they must address the privacy and online marketing “ecosystem” they have embraced.

U Penn Prof. Joseph Turow responds to the

Randall Rothenberg of the Interactive Advertising Bureau lobbying group wrote a commentary where he made a number of misleading statements. He incorrectly characterized the work of Professor Joseph Turow. Prof. Turow, a leading academic expert of the online marketing industry, is on the faculty of the Annenberg School for Communication, University of Pennsylvania. Here is Professor Turow’s response:

In one sentence, Mr Rothenberg manages to make two fundamental misrepresentations. What I really say on page 2 of my 2006 book Niche Envy (where the quote originates) explicitly relates to marketers use of surveillance technologies without consumers understanding: “Over the long haul, however, this intersection of large selling organizations and new surveillance technologies seems sure to encourage a particularly corrosive form of personal and social tension.” Nor do I anywhere lament the passage of the three network universe. For example, I explicitly state in Breaking Up (on page 199, for example) that three network era had its own forms of social exclusions and state that “that “the proper response to this hypersegmentation of America is not to urge a return to the mass-market world of the 1960s and 1970s.” My conclusion: when I see Mr Rothenberg quote someone I will be sure to check the source to make sure the passage has not been wrenched from its context. I should add, too, that I accept the need that digital interactive media have for target marketing and database marketing. But there are many creative ways to meld data analytics and their implementation with openness and public engagement. I fear that Mr Rothenberg”s policies and writings indicate he will lead this important organization in directions that are misguided for marketers and for society.

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