Microsoft’s Vision for the Internet’s Future: Not a Pretty Picture

“We can tell you who saw…we let you target that…we will let you serve that on dayparting…” Yusuf Mendi, Microsoft’s Senior VP and “Chief Advertising Strategist” delivered such words—and more— yesterday. We urge you to watch and listen to his presentation. One learns that Microsoft is willing to help its wealthiest customers to better “pop” their brands. This includes helping them `know’ “who the user is and target to the user.” Mendi told the group that he knows they don’t want to target only “raw tonnage.” So, for Microsoft, the “quality of the user” can be better defined by the “25 behavioral segments” that can be targeted to the “280 million people who use Hotmail” at least once a month. The 280 million Messenger users can be targeted with rich media marketing technologies that sense their mouse hovering and interacting with an ad. For Microsoft, the “end to end IP experience” is all about transforming the global digital platform into one powerful brandwashing system.

Mr. Mendi told the audience that Microsoft is “open for business” to help “redefine” the Internet’s future. Such a future—given to us by Microsoft, Google, Yahoo!, major ad agencies and marketers—raises a series of disturbing questions and should be a cause for alarm and debate. The foremost role for digital media should be to promote civil society (that’s not the “cause” marketing cases Microsoft and others have embraced as the “Trojan Horse” to convince everyone to endorse the idea about data collection and targeted interactive marketing). Shaping the most powerful platforms so it can better collect our data and then drive our behaviors—without our full awareness and informed consent—is not a responsible act. That’s why it’s time for a much more robust debate about where this is headed—before it’s too late.

We will be come back to Mr. Gates and the Summit.

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We Need FTC to Protect Privacy. Privacy Groups Should Be Calling for Real Action–not Industry Friendly “Workshops”

My organization and the U.S. Public Interest Research Group have asked the Federal Trade Commission to swiftly act and protect our privacy online. Last November, we filed a lengthy complaint asking for an intervention to stop behavioral targeting [pdf from Doubleclick] and associated spyware. But it seems that some groups aren’t that interested in action. They want the industry bigshots (who may be their funders) to come into the FTC and agree on “best practices.” That will likely mean no real privacy protection. Here’s the excerpt from a CNET story:

“The CDT has urged the FTC to hold a workshop on behavioral targeting to set best practices in the industry and get players like Microsoft, Google and Yahoo to agree on them. The organization wants to ensure that people have control in the event that these companies begin to merge consumer information from search and Web-surfing records to personalize ads.”

Privacy groups need to demand that the FTC finish its investigation (it launched one last November as a result of our complaint). We have provided the FTC with so much additional information, they should be able to act by now. Workshops are a delaying tactic designed to help out the special interests. If you want to see just a small fraction of what we’ve sent the FTC investigative team, go to adwatch.

PS: Here’s the blog post from the Center for Democracy and Technology on its request for a FTC workshop. Read its letter to the FTC. Then ask yourself. Shouldn’t public interest groups identify in such a letter the companies which fund them and engage in behavioral targeting? Shouldn’t they acknowledge that one of their key supporters, Microsoft, is the subject of a related complaint now before the FTC? Follow the money and the data mining it helps bring.

Congressional Internet Caucus—–Break Your Special Interest Ties

Today’s column by Washington Post reporter Jeffrey Birnbaum focusing on the sale of products and services at Congressional Internet Caucus events [“Soliciting for Good Citizens” reg. required] underscores why it’s time for the bi-partisan group to restructure its relationship with the Internet Education Foundation’s Advisory Committee.

This Congress is supposed to be breaking the ties between the powerful lobbying infrastructure and its political deliberations. Permitting the most powerful corporate media and telecom special interests to, in essence, determine the Caucus agenda is inappropriate (to say the least!). No group funded by the telecom and media industry should play a role as well in shaping the Caucus agenda. We hope the Net Caucus will clean house. Will Caucus co-chairs Senator Pat Leahy, Rep. Rick Boucher, and Rep. Robert Goodlatte do the right thing?

Congressional Internet Caucus: It’s For Sale!

Who really runs the U.S. Congressional Internet Caucus–Members of Congress or the companies and special interests with the deepest checkbook? Take a look at how a forthcoming Congressional Caucus meeting on wireless issues is, literally, for sale. At the NetCaucus website for the event, chaired by Congressman Mike Honda [Chair of the Congressional Internet Caucus’ Wireless Task Force] is a pitch for “sponsorship.” Here’s how you can push your message before the Hill:

“Sponsorship Opportunities

We are seeking responsible industry players to help facilitate this important policy dialogue with a few key sponsorships. These promotional sponsorship options will help position your organization as a thought leader during the substantive discussions. Your assistance will help to bring together leading location-service providers, social networking sites, advertising service providers, wireless carriers, government officials and Congressional players will come together to start discussing the range of issues, policies and opportunities presented by this emerging marketplace.

Options include:
Dialogue pens: Distribute pens with your logo in conference bags and binders.
Dialogue breaks: We’ll announce your sponsorship of the morning continental breakfast or mid-morning coffee break and feature your logo or brand in the break area.
Dialogue Wi-Fi Hotspots: We will blanket the meeting area with wireless Internet access and include you as a promotional sponsor.
Post-Dialogue VIP Dinner End the conference on a high note and host a VIP event; choose from some of D.C.’s finest restaurants. ICAC staff will work with you to craft the perfect guest list.

Contact us for details & pricing.”

It’s time that the Caucus break its ties with the Advisory Committee and become a truly independent forum. Take a look at the Advisors!

Will the Interactive Advertising Bureau `Mess-up’ Branding Online By Opposing Privacy Safeguards?

The IAB appears to have engaged in a Congressional game of deception today, warning Congress that legislation designed to protect privacy and digital marketing abuses would “curtail consumer choice and hinder the growth of advertising that is proving one of the Internet’s economic underpinnings.” The IAB lobbying group used the same, tired, old refrain as it sought to protect its special interests from having to act responsibly. If Congress protected consumers with online marketing safeguards, warned IAB, it would threaten the nature of the Internet itself. Dave Morgan, representing the IAB (and with the behavioral targeting company Tacoda) told a House subcommittee that “there is always a risk that legislation that governs complicated technology could result in limiting and/or stifling innovation. We want to ensure that the availability of free content online continues to grow and that consumers receive the richest, most relevant internet experience, without unduly burdening the advertising engine that makes these websites run.” The IAB’s new president Randall Rothenberg said that interactive advertising was the “primary means of support for cost-free, rich Internet content, as well as free access to unparalleled products and services. Such advertising has lowered barriers to market entry, enabling new businesses, both small and large, to thrive.”

The ad industry always plays the content card when it engages in self-protection. But the IAB’s leaders are doing a disservice to their industry. No one is saying that there can’t be interactive advertising. What is being said is that there have to be safeguards to ensure it’s done responsibly. There is going to be a growing movement to rein-in the abuses emerging. If the IAB was truly interested in the public, it would get in front of the issue. Instead, they are hiding behind the content the American public actually pays for (through higher prices to cover marketing, and now with unprecedented violations of personal privacy, data collection and more).

Unless the IAB, its members, and the ad industry as a whole begins to honestly address what is being put in place and support meaningful safeguards, marketing in the digital era will increasingly be distrusted. Where are the ad industry leaders who place the interests of the public before more narrow concerns about market share, brand engagement, and `closing’ the `conversion’ loop?

When I look up Orwell’s “doublespeak” on the Google search engine, I hope I receive Google.com near the top. Their new so-called privacy policy is a sham. They should be truly ashamed of themselves for engaging in such intellectual dishonesty. Google will now make its personalized data search information about us anonymous–but only after 18-24 months! Read Google’s annoucement here.

What this means is that Google will have access to all the current and relevant personal info about each of us, so they can target us while searching, on YouTube, Gmail, Google mobile, etc. The company knows very well that such search information is less relevant for precision targeting after 18 months. Besides, their data `cup’ on us will always be runneth over–or, more precisely, flowing into their servers and data mining centers. Google should have announced a policy where no collection and retention occurs for U.S. users–without explict and informed prior consent. As noted elsewhere, Google is using as an excuse the need to comply with EU-related policies on data retention.

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Is Google Doing a Turn-about on Network Neutrality Law?

As reported by Drew Clark and others, high-ranking Google senior policy counsel Andrew McLaughlin told a Silion Valley crowd that “Net neutrality will ultimately be solved by competition in the long-run…Cutting the FCC out the picture would probably be a smart move. It is much better to think of this as an FTC or unfair competition type of problem.” It doesn’t appear at the moment that his view is official Google policy. But it underscores why we have never been confident that the corporate supporters of network neutrality, especially Microsoft, Yahoo!, IAC, and Google, could ultimately be counted upon to place the public interest before their own corporate futures. The Google’s and Yahoo!’s of the new media world are fearful of fostering public policies that would ultimately rein-in their efforts to collect huge amounts of personal data about each of us—so they can deliver ubiquitous interactive advertising and branded entertainment. As we’ve noted in the past, word from friendly policymakers is that Google and the coalition have done a terrible job lobbying for network neutrality rules. These developments underscore why those concerned about the future of the public interest and the digital era must quickly move beyond the policy realm. The real decisions about the quality and diversity of our digital media system in the short term will be primarily determined–sadly–in the marketplace.

We note that our friends at savetheinternet have written that Google still firmly supports network neutrality legislation, including the Dorgan/Snowe/Markey proposals. They have a quote from a Google spokesperson saying so. But we believe still that all the key work to promote net neutrality will have to be done by the folks outside the “gang of six.”

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Bill Gates Fails to Address Real Threats to Privacy–from Microsoft and other Interactive Advertisers

Here’s a link to the speech Mr. Gates gave at the CDT “gala” the other night. Note that Mr. Gates failed to address data collection related to marketing and advertising. Why? Because interactive advertising is Microsoft’s new business model. Mr. Gates and much of the industry wish to narrowly frame the debate, permitting both big business and government to have access to our data. Microsoft and its allies basically want a system where the default is data collection and microtargeting. What’s really needed are strong protections requiring an informed opt-in (which would require, for example, for Microsoft, Google, AOL, MySpace, etc. to precisely explain what is being collected and how it’s being used. Then ask for periodic affirmative permission).

The Center for Democracy and Technology hosted a “gala dinner” last night featuring Bill Gates. Billed as a “night for networking,” the event was to (self) honor CDT. CDT has long raised tremendous amounts of money from the very industries it is supposed to serve as a watchdog for. How can the organization really press Microsoft on privacy when it uses Mr. Gates to help the group sell tables at $5,000 each! Having a host committee filled with folks opposing network neutrality and safeguards for online advertising doesn’t help either. For a list, see here. Verizon, the Network Advertisers Initiative, Comcast, Progress and Freedom Foundation are just a few listed. There are some public interest folks as well. How can groups such as CDT act as truly independent advocates for the public interest in digital communications when their hands are out for such donations. Ask yourself.

A Post-script. CDT is part of a corporate coalition pushing for a national privacy policy that would not truly protect the public. It would permit Microsoft and the others to continue their unprecedented collection and abuse of our personal information. Note the huge loopholes–and disingenuousness–in this key section from the CDT/Microsoft backed “Consumer Privacy Legislative Fourm:

Consumer Privacy Legislative Forum Statement of Support in Principle for Comprehensive Consumer Privacy Legislation

The time has come for a serious process to consider comprehensive harmonized federal privacy legislation to create a simplified, uniform but flexible legal framework. The legislation should provide protection for consumers from inappropriate collection and
misuse of their personal information and also enable legitimate businesses to use information to promote economic and social value. In principle, such legislation would address businesses collecting personal information from consumers in a transparent manner with appropriate notice; providing consumers with meaningful choice regarding the use and disclosure of that information; allowing consumers reasonable access to personal information they have provided; and protecting such information from misuse or
unauthorized access. Because a national standard would preempt state laws, a robust framework is warranted.

About the Consumer Privacy Legislative Forum: The Consumer Privacy Legislative Forum was organized in the winter of 2006 to support a process to consider comprehensive consumer privacy legislation in the United States. The Forum began with a Steering Committee of companies eBay, Hewlett-Packard, and Microsoft, the consumer group Center for Democracy and Technology, and Professor Peter Swire of the Ohio State University..

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IAB: Worried that the Feds Will Do the Right Thing

Here’s a brief update on IAB. They are, notes ClickZ’s Kate Kaye, “…in the process of creating a Public Policy Council, to be comprised of Chief Public Policy Officers, General Counsels and IAB members. Tacoda Chairman Dave Morgan is heading up that operation, according to the IAB. Legislation and regulatory issues will have an enormous impact” on the interactive ad industry, said Rothenberg, noting, “We should be concerned, but we shouldn’t be crazy scared.”

Given that IAB’s new president Randall Rotherberg used to be a journalist (covering advertising for the New York Times and Ad Age), one would hope that he would be in the forefront of having his industry face up to facts. The basic business model is a threat to privacy and more. It’s gone beyond the time for “public policy councils” run by the industry’s spinmeisters. What’s needed is an honest admission of the problem, and support for a federal policy where consumers opt-in to all the techniques (after they are fully informed). That’s right. You need to get permission from individuals before you engage in behavioral targeting, retargeting, immersive rich media, etc. We imagine most people will consent. But it should be up to each person-not Ad Networks, IAB members, etc.

PS: Mr. Rothenberg: Don’t hide behind the press! We see that the IAB president quoted saying “The Interactive media industry is committed to striking the right balance between consumer protection and a consumer’s free online access to information and entertainment.” That’s not the real issue. No one is saying there shouldn’t be interactive advertising–or even the kind of personalized interactive practices the industry has embraced (with some notable exceptions). We understand the role which advertising plays to support the media. What we are saying is there have to be safeguards. In fact, ironically, I believe interactive ad practices done in the current stealth manner will help to undermine public confidence in the news media. The growing debate over online advertising is primarily about giving the public real information and control.