IAB Self-Reg Plan Permits Further Data Profiling–Even When You opt-out!

File this under, please send the icon-based scheme back to rewrite! [our emphasis]
Excerpt via clickz.com:  excerpt:  The online ad industry’s self-regulatory program could allow some companies to continue tracking consumers even when they’ve opted out through the system…As it exists currently, the self-regulatory program overseen by the alliance allows consumers to opt out from data collection and use for behavioral advertising, explained Stu Ingis, a partner at Venable, a law firm working with the industry coalition. If data is only being collected for behavioral advertising, it will no longer be collected from those who opt out using the program. However, when companies involved with the program also use data for additional purposes such as analytics, they may continue tracking and collecting data from people who have opted out through the program – even though those who have opted-out will no longer receive behaviorally targeted ads.

U.S. Online Marketers Want Obama Adm. to Press for Weaker Privacy Safeguards for EU, Asia-Pacific & Other Global Citizens & Consumers

The U.S.’s larger marketing, advertising and media lobbying organizations want the Obama Administration to help them continue to engage in behavioral data profiling and other digital marketing techniques without meaningful safeguards.  Trade groups–including the Direct Marketing Association, Interactive Ad Bureau, and the 4A’s–  told the Obama Commerce Department it wants it to negotiate a trade deal with the EU and elsewhere that would give U.S. online ad companies, in essence, a free pass on data collection and tracking.  Can you believe they want U.S. self-regulation (ineffective and a cover to permit the expansion of consumer data collection) to be the global standard.  File this under digital Chutzpah!  They wrote in a [my emphasis]  filing:

We support the Department’s recommendation that the U.S. government continue to develop a framework for mutual recognition of an international data privacy framework. The Department has an important role in representing and advocating for the interests of American businesses.  We believe that the Department has the experience and expertise needed not only to represent the interests of U.S. industry, but to lead the global privacy policy debate.  We recommend that the Department advocate for a global framework consistent with U.S. privacy standards, including the Self-Regulatory Principles for Online Behavioral Advertising, which have allowed U.S. companies to lead the world in innovation and to remain economically competitive.  In addition to decreasing regulatory barriers to trade and commerce, global interoperability should promote—or at a minimum not impede—economic competition and innovation.  We believe the U.S. approach to privacy policy meets these goals.

Here’s who signed the filing.  Attention EU–watch out.  And a question for the Obama Administration.  Which side of the keeping the online medium a real reflection of democratic potential will you be on?

American Advertising Federation
American Association of Advertising Agencies
ASAE
Association of National Advertisers
Coalition for Healthcare Communications
Direct Marketing Association
Electronic Retailing Association
Interactive Advertising Bureau
MPA — The Association of Magazine Media
National Business Coalition on E-Commerce and Privacy
Newspaper Association of America
Performance Marketing Association
TechAmerica

Innovation, Digital Marketing & Privacy: Debunking the Google, Facebook and online ad lobby myths






As was done during the 1990’s by the online marketing industry to oppose consumer privacy rules at the FTC and eleswhere, once again digital advertising companies disingenuously claim that enacting appropriate privacy safeguards will [as Google puts it]: “thwart the ability of companies to develop new services and tools, and in turn make U.S. Internet companies less competitive globally and make the Internet a less robust medium….an anti-innovation framework would counterproductively choke off the development of new tools and services to protect personal privacy.”  Facebook similarly told the industry-friendly Commerce Department that “imposing burden privacy restrictions could limit Facebook’s ability to innovate, making it harder for Facebook to compete...”  The facts—as Google, Facebook and the other companies undoubtedly know—show this to not be the case. First, online marketers, including Google, did not build-in serious privacy and consumer protection safeguards into their online marketing products.  All the innovation has and is focused on expanding the data collection, profiling and targeting of each user, across multiple platforms and applications.   Google, Yahoo, Microsoft, Facebook, ad agencies and digital marketing companies have significantly invested in creating new forms of digital data collection and new ways to measure it.  That point is something that the industry doesn’t volunteer and that regulators and policymakers should recognize.  It has taken a global public uproar and governmental pressure that has forced Google, Facebook and the entire online ad industry to more seriously acknowledge and respond to concerns on privacy practices.  (In fact, it was only due to the pressure brought by CDD, EPIC and colleagues opposing Google’s acquisition of DoubleClick that forced the FTC to issue new staff proposals for behavioral advertising and privacy.  Pressure from NGOs has been a key factor on industry and policymakers).

The U.S. is the global leader in developing and deploying online advertising applications and data targeting technologies.  It sets the standard in the E.U, Asia Pacific, South America and elsewhere.  Once the FTC establishes its new Framework, and as the EU revises its own to reflect contemporary online commercial data collection techniques, U.S. online marketers can engage in the same spirit of innovation that will make their online products and practices truly privacy friendly.  The FTC, the White House and Congress should not permit Google and other digital marketers to invoke the term “innovation” as it was some magic political talisman that automatically will choke-off reasonable consumer privacy policy safeguards.  Its time to set aside the self-serving claims that privacy safeguards will undermine innovation.  Indeed, it is common sense to also admit that once consumers know that their privacy is respected, there will be greater confidence in e-commerce and online marketing generally.  But many in the online ad lobby are afraid that if a consumer is honestly told about the digital marketing process, including the tactics used to harvest their data, an aware public will be wary of the online system.  They will undoubtedly be concerned–but it’s an excellent reason to work together and enact new serious public policies that ensure consumers are fairly treated in the digital marketplace.

PS:  In Facebook’s privacy filing it cites President Obama’s State of the Union speech where he singled out Facebook and Google as examples of innovation in the U.S.  We doubt the President intended Facebook to use his speech as a political tool arguing against protecting consumers online through privacy regulation.  Everyone should read Facebook’s submission–especially Facebook users.  It is one of the most self-serving and narrow-minded policy screeds I have read recently.  They invoke the concept of the “social web” as if it should automatically permit Facebook to be a consumer protection free- zone.  Note in the document how Facebook urges the FTC (which is likely investigating it as we speak) to “continue to pursue a retrained approach to enforcement.”  How wonder it just hired another lobbyist--a former Bush White House top staffer.

Arianna Huffington’s AOL Privacy Problem–Will She Be a “Progressive” and Limit Behavioral Targeting?

Ms. Huffington’s HuffPost used behavioral targeting and other forms of interactive marketing to help make the news site successful.  At HuffPost, the privacy issues involved with such practices were never seriously addressed.  But now Ms. Huffington has a new role as the editorial executive for AOL’s content service.   But AOL is engaged in extensive and manipulative forms of behavioral targeting–including the pervasive online targeting of teens, African Americans, health and medical consumers and patients, for financial service products, etc.  Like other online marketers, AOL claims such online tracking, profiling and targeting isn’t really personally identifiable–which is both inaccurate and deceptive.  We challenge Ms. Huffington to engage in a serious journalistic investigation of AOL’s privacy practices and redress them.  There should be absolutely no targeting of adolescents.  Behavioral targeting of African-Americans, financial and health products should be by prior opt-in consent only.  Ms. Huffington should be held responsible for AOL’s privacy and online marketing practices–and we expect her to address them as she increasingly plays a greater leadership role in the online ad industry.  Meanwhile, here’s what AOL says it does using behavioral targeting focused on African-Americans:

Behavioral. Target consumers based on their interests:

  • Black Voices. People who visit Black Voices for the latest in news, entertainment, sports, lifestyle, careers, money and more.
  • You can target the following subsections of the Black Voices audience:
  • Auto Intenders. In-market car, truck or motorcycle shoppers who are looking for specific makes and models. They read reviews, look at pricing and features, and research financing options.
  • Die Hard Sports Fans. Dedicated fans who follow professional and collegiate sports, stay on top of player rankings, and shop for sports memorabilia.
  • Entertainment Buffs. People who follow the latest news about celebrities, movies, music and soaps. They purchase DVDs, music and video games online and also take an active interest in memorabilia.
  • Money Minders. Affluent, older individuals who are seeking online financial advice, checking the performance of their investments, getting tax advice, planning their retirement and researching insurance options.
  • Moviegoers. Movie buffs who read the latest reviews, follow celebrity gossip and purchase tickets/DVDs online.
  • Travelers. Personal and business travelers who are interested in travel advice and deals. They use the internet to purchase airline tickets, book accommodations, make car reservations and research financing options.

Accurate. Pinpoint your customers with other powerful targeting solutions:

  • Develop a custom audience segment modeled after visitors to your site (Look-Alike Modeling).
  • Find African American households that have the greatest propensity to purchase specific products or brands (MRI Lifestyle Clusters).
  • If you’re sponsoring an AOL page, retarget consumers who have visited it (Sponsorship LeadBack).
  • Find your ideal African American audiences on the sites they are most likely to visit (Subnet Targeting).
  • Find AOL members who have selected the AOL Black Voices Welcome Screen as their homepage option, or who have indicated (through third party data) that someone in their household is of African American ethnicity (Audience Rosters).

and its behavioral targeting of consumers looking for mortgages and other financial products:

Behavioral. Target consumers based on their interests:

  • Business Decision Maker. Individuals with an active interest in business news and strategy.
  • Money Minders. Affluent, older individuals who are seeking online financial advice, checking the performance of their investments, getting tax advice, planning their retirement and researching insurance options.
  • Real Estate Intender. In-market individuals looking to buy, sell or rent property.
  • Small Business Owner. Small business professionals shopping for real estate, health care and office and computer equipment.
  • Investors. Affluent individuals who read business news, evaluate stocks, seek financial advice and conduct trades online.
  • Insurance Intender. Individuals seeking information about life, auto, home or health insurance.
  • Mortgage Intender. Individuals seeking information about mortgage rates and/or home loans.

and AOL’s adolescent targeting [for shame!]:
Behavioral. Target consumers based on their interests:

  • Active Gamers. Teens and adults looking for online and console game strategies, tracking game release dates and purchasing video games.
  • Television Watchers. Individuals who keep up with their favorite television shows via TV network sites and online communities.
  • Style Mavens. Trend-focused women interested in the latest fashion, jewelry, and health and beauty items. They like to feel as good as they look by also paying attention to diet and fitness. 
  • AIM Audience. Individuals who have visited AIM properties.

Do-Not-Track will Boost Journalism/Publishing Says Nieman Fdn. Expert

Online ad lobbyists disingenuously claim that privacy safeguards will doom the commercial Internet, choking off content and publishers.  They are fearful that consumers will have the power to actually decide who can collect and make money off their data–instead of their “Big Brother Can Steal Your Data Anytime, Anywhere” model.  In a new column written for the journalism think-tank and resource Nieman Foundation,  Ken Doctor (who covers the business of news for them) writes [excerpt, our emphasis]:  “Enter a new age of Do Not Track. Maybe, in that world, news media’s role — and its engagement with audiences — becomes much more valuable. Maybe, it’s a reintermediation of a kind, as news media’s role in the shopping/buying lives of its readers re-emerges, digitally.  How might this happen? If we look at the potential newsonomics of Do Not Track, we can see at least two ways that real revenue can be driven out of the reordering of the tracking world…If Do Not Track puts more power back into the hands of the publisher, then publishers may be help to re-sell the information — and that could help build toward the new business model news publishers’ need…The big opportunity, perhaps, is the ability of news publishers to transparently offer reader/consumers the opportunity to “opt in” to a wider world of reading and shopping targeting. Then, they could re-emerge, in the tablet era no less, as community and national centers of news — and commerce. Forget Foursquare; readers could check into their favorite news companies.

Behavioral Targeting is About Tracking an “Individual,” Explains Online Marketer

The online ad industry and lobby better stop saying that cookies and other forms of data collection aren’t personally identifiable–so-called PII [personally identifiable information].  As we know, behavioral targeting (BT) identifies, profiles, tracks and targets an individual.  Here’s just one example of how online marketers discuss what BT really is when they are talking among themselves and to clients (our emphasis):

What is behavioral targeting?
Behavioral targeting is a technique used by online advertisers to improve the effectiveness of their campaigns by increasing the relevance of product offers and promotions on a visitor-by-visitor basis.

Behavioral targeting uses information collected on an individual’s web-browsing behavior, such as the pages they have visited or the searches they have made, to select and deliver online ads to the users who are most likely to be interested…As the effective mixing and mining of audience data has become increasingly important to online advertisers, the role of behavioral targeting and retargeting have grown more central…The typical approach to behavioral targeting starts by using web analytics to group visitors into discrete channels. Each channel is analyzed and a virtual profile is created to for each channel…
Most platforms identify visitors by assigning a unique id cookie to each and every visitor to the site, allowing them to be tracked throughout their web journey.  An example is a user who visits content about auto insurance, clicks on an insurance advertiser button or banner, and then searches for “auto insurance.” This user would be assigned to the insurance prospect channel and the next time that user goes to Yahoo they will see ad for insurance…

Time Warner Cable Funds Scholars to Boost Big Cable Goals on Data Collection and Consumer Targeting [Annals of Buying Access to Scholars]

Lobbyists like to hire academics in order to give their agenda the patina of scholarly respectability.  Many academics are ideologically aligned with the interests of major media and telecom companies–supporting an unregulated environment (and like to reap the bucks as well).  Some academics want to schmooze with deep-pocketed special interests.  So it’s not a surprise to learn that Time Warner Cable has a “Research Program on Digital Communications.”  They have already released a volume of papers on the “Future of Digital Communications: Policy Perspectives.”  Time Warner’s so-called research agenda is so self-serving that it would be laughable if the goal wasn’t ultimately to undermine the public interest and consumer protection.  Luckily, there are scholars and other policy experts who care more about their integrity and the academic issues and wouldn’t consider taking such funding.  Here’s what the first “research question” is for those seeking funding to ultimately help undermine consumer privacy by enabling Time Warner and other digital marketers to expand their behavioral targeting approaches:

Topic One: Advertising, Two-Sided Markets, and the Role of Network Operators (ISPs, MSOs)
The emergence of more precisely targeted (interest-based or so-called “behavioral”) advertising offers potential benefits to consumers while at the same time raising possible concerns about privacy. Application providers, network owners, advertisers, content providers, and other interested parties may play a role in allowing these potential benefits to be realized. By facilitating two-sided markets, or platforms that enable two distinct but related groups of customers (such as advertisers and consumers) to obtain value, service providers can expand the scale and scope of their offerings to consumers. Industry groups and the Federal Trade Commission have developed principles for self-regulation online, while some advocacy organizations and members of Congress have pointed to potential harm from more targeted advertising and are calling for new government mandates.
Key questions concern the types of disclosures and the level of consumer consent that should be required.
Questions
• What are the benefits of more precisely targeted advertising, and how prevalent is the practice?
• What technological innovations support the development of more targeted advertising over digital media?
• How are consumers affected by increasingly prevalent forms of targeted advertising, and what is the appro-
priate public policy response?
• What is the role for self-regulation, government intervention, and industry standard-setting?
• What role should network operators play in regulation (voluntary or prescriptive)?
• Describe the future of the advertising marketplace and the role of new and potential entrants, such as
Internet service providers (ISPs), cable operators, and other multichannel video programming distributors
(MVPDs) offering interactive television services.
• How can two-sided markets help encourage the development of new broadband and video services?
• How can regulation of advertising or privacy affect, promote, or retard the development of these new
services?

What AOL Should Have Told Reps. Barton & Markey


AOL also describes to Reps. Barton and Markey the way they use cookies that doesn’t reflect what they say to clients--such as “Target users based on attributes from user registration or third-party data (e.g. age, gender, income, kids)… Retarget users who visit your website… Target users within households using Experian’s statistical modeling based on hundreds of offline data elements that are most predictive for defining the specific audience of consumers.” For question 1, they refer to their privacy policy—something few consumers would read or understand.  Nor does the privacy policy spell out how AOL collects and targets users, as they do for potential clients.  See and compare to privacy policy. See how they offer targeting based on political information.

Question 2:  They didn’t answer completely.  They should have included information from here. And what their partners collect.

Question 3.  They should have said they urge advertisers to use pixels, beacons and other tracking tools:   “Place pixels on all high-traffic pages… Target broadly… Most networks, including Advertising.com, look at IP or cookie data to determine if a user is part of a specific demographic or has demonstrated a particular online behavior, such as shopping for a car, browsing cooking sites, and so on. With user targeting, you reach those consumers directly, regardless of the sites they happen to be visiting.”

And they say that the third party cookies don’t identify the “specific user.”  But that’s what AOL says it can target:  “Target users within households… Retarget users who visit your website… Target users within households that demonstrate the highest propensity to buy certain products…”

Question 7.  They don’t say what they do.  It’s monetizing all the data:  “We monetize nearly 1.5 billion impressions per day on average.”

10.  They should have said how they target based on financial and health info.  They didn’t.  See its targeting for health, finance, teens, Hispanics, African-Americans.


14.   Users don’t have enough information on the process to really determine whether they should opt-out.  Nor is AOL’s opt-out really visible.

What News Corp/MySpace Should Have Told Reps. Markey and Barton


Yahoo isn’t alone in not being candid to Congress.  Here’s what News Corp should have also said to the Congress about its data collection, profiling and targeting system. 

It should have informed Congress how its Fox Interactive Media (FIM) data-mines its users daily.  From its data-mining company: “FIM operates some of the highest-traffic websites in the world, including MySpace, and serves over 5 billion online ads across its sites per day.  Each of these ads is optimized and targeted to specific audiences based on analysis of web traffic, user behavior and click patterns.  As part of our targeted ad serving platform, we analyze nearly 2,000 identifying variables for each of the millions of visitors to our sites every day (tracking and analyzing, for example, whether a visitor likes jazz, but also whether they respond more to car ads than to pizza ads).  While our targeting process was already one of the most advanced in the industry, we were eager to improve ad click-through rates further by fine- tuning targeting.  To get to this next level of targeting precision, we needed to analyze massive volumes of data to discover patterns and identify relevant targeting criteria across segments and demographics.  FIM implemented Greenplum for its parallel, multi-core architecture that could scale to support our massive data volumes, but also because the Greenplum data warehouse allows data analysis to be performed directly within the warehouse 

– instead of having to extract it first…our team can execute lightning-fast queries against a matrix that is 4 billion rows tall and 1 million rows wide, running tests against thousands of variables for each for the 5 billion ads FIM serves to visitors each day. What’s more, we can now complete 10,000 experiments against 20 million site visitors in just three hours. Previously, it took an entire day just to extract the data – and then another whole day to run the tests.  The result has been faster and more efficient data analysis, which has in turn enabled more precise ad targeting, delivering up to 200% higher click- through rates for the 5 billion ads served daily across the FIM network…our research analytics team uses Greenplum Database to conduct tens of thousands of real-time tests against millions of users every day, analyzing each visitor’s reaction to ads against over with an absolute deluge of data.”

Online Ad Biz to Reps. Markey/Barton: We Really Don’t Have to Tell You the Facts! The case of Yahoo!




If George Orwell were writing today, 1984’s Winston Smith would be working as a “Doublespeak” specialist crafting privacy policies and creating self-regulatory regimes for the online ad industry.  None of the replies provided to Reps. Markey and Barton answered the basic charge posed by the WSJ in its series and previously raised by privacy advocates:  that “[O]ne of the fastest-growing businesses on the Internet is the business of spying on Internet users.”   All the companies hide behind `it’s a business as we created it and good for everyone’ facade.  Many use a scare tactic claiming that the data collection model they developed is responsible for funding online content/publishing and without it much/if not all of the Internet would vanish (as if you can’t have both robust e-commerce and privacy!).  Many of the answers to Congress also say that their privacy policies and membership in self-regulatory groups (such as the NAI) reflect best practices (as if they automatically vanish the problems!).  The companies don’t take responsibility for the problem or acknowledge that there are privacy concerns outstanding. 

The responses reflect the Orwellian recasting of industry terms on the data collection practices it created and operates.  Behavioral targeting (with $1.13 billion this year in spending for this type of ad) has been transformed into “preference,” “relevant,” or “interest” targeting.  Online profiling and targeting is now called “customization.”  The industry is running away from the precise definitions they created and use because they are honest terms showing consumers are being tracked, profiled and targeted based on our behaviors and actions.  Finally, several of the companies submitted their privacy policies.   In order to full understand them, a consumer (in between taking their children to school or a soccer game, working, shopping, cooking) would simultaneously also have to be a technologist, lawyer, and investigator, to understand and control all the cookies, etc.

Also, the companies resort to a now out-of-date definition of what’s considered so-called personally identifiable information (PII).  Cookies, IP addresses, pixels and web bugs, they claim, are “non-PII” and hence fail to raise privacy concerns.  Yet both the EU and FTC have said that in today’s online data collection world, the old definition of what’s identifiable no longer really works.  The FTC explained last year that “[S]taff believes that, in the context of online behavioral advertising, the traditional notion of what constitutes PII versus non-PII is becoming less and less meaningful and should not, by itself, determine the protections provided for consumer data.  Indeed, in this context, the Commission and other stakeholders have long recognized that both PII and non-PII raise privacy issues…

Companies such as Yahoo, AOL, About.com (NYTimes Co), News Corp/MySpace and others are disingenuous in their responses—failing to inform the Congress what they tell their clients and prospective advertisers.  Among the most cynically self-serving is Yahoo. First, Yahoo did not describe all the ways it collects data on users when it answered question 1.  For example, examine Yahoo’s Advertising Blog, where you can find a discussion of far-ranging techniques used in the data collection process.  Most of which are not spelled out or really explained in the privacy policy;  See also, Yahoo’s “smart ad” technology that changes the copy in real time based on the data it collects.  Its privacy policy really doesn’t explain it in the same way it pitches itself to clients.  Yahoo says in its Hill letter that it “may” acquire data from external sources and gives the link to that section of its privacy policy.  Not even a multi-tasking genius could opt-out all of that.  Nor does Yahoo tell you about the tons of data on consumers their partners collect.  Also, they say in question 3 how they collect data, but tell potential clients a more informed story:  “Yahoo! gets to know its visitors to give them what they’re looking for, even when they’re not actively looking. In part, Yahoo! does this by using an industry practice called behavioral targeting (BT)… Yahoo! BT goes beyond common rules-based segmentation or grouping of consumers by the sites they’ve visited. The tool is powered by sophisticated modeling technology based on extensive online interactions that include searches, page views, and ad interactions. With these models, Yahoo! identifies what consumers are interested in and predicts where they are in the buying process, thereby determining which consumers may respond best to your ad placements.”  In question 4-5, Yahoo claims its users have all the information they require via the privacy policy.  But Yahoo’s information for perspective clients tells a more complete and different story:  “With rich media, you benefit from deep reporting that goes way beyond the click. Track time spent watching video, mouse-over interactions, poll results, average number of panels interacted with and much more.  If you design it, we can track it… Partner with Yahoo! to produce unique, immersive consumer experiences that integrate your brand…”Question 9, again, they call it “customized experience” to Congress—and “smart ads” that track and learn about you when they explain it to advertisers.   Question 10.  Health and finance.  Yahoo failed to tell Congress they track and target consumers health and financial info.  And they target teens.  For health; finance.