Interactive Ad Bureau to Congress and Public: If Your Privacy is Protected, The Internet Will Fail Like Wall Street!

It’s too disquieting a time in the U.S. to dismiss what a lobbyist for the Interactive Advertising Bureau said as merely silly. The IAB lobbyist is quoted in today’s Washington Post saying: “If Congress required ‘opt in’ today, Congress would be back in tomorrow writing an Internet bailout bill. Every advertising platform and business model would be put at risk.” [reg. required]

Why is the IAB afraid of honest consumer disclosure and consumer control? If online ad leaders can’t imagine a world where the industry still makes lots of money–while simultaneously respecting consumer privacy–perhaps they should choose another profession (say investment banking!).

Seriously, online ad leaders need to acknowledge that reasonable federal rules are required that safeguard consumers (with meaningful policies especially protecting children and adolescents, as well as adult financial, health, and political data). The industry doesn’t need a bail-out. But its leaders should `opt-in’ to a responsible position for online consumer privacy protection.

Yahoo! fails to address privacy concerns about its behavioral targeting apparatus. Letter to Hill not candid

The spinmeisters who wrote Yahoo!’s letter to House leaders didn’t do a real service for the troubled online company. They weaved and dodged the issue. Yahoo! took a trick from George Orwell by trying to reframe the privacy-threatening interactive data collection & targeting system by calling it “customized advertising.” Yahoo! also tried to hide behind the First Amendment by suggesting, as others have done, that without online ad revenues we would lose what “has made Internet content and services available to millions of people in the United States and around the world(3) – for free.”

Hold it Yahoo! No one is saying there shouldn’t be online advertising and targeting. But what is needed is full control by individual users who can decide what can be collected and how it should be used. That’s called opt-in, and it’s the approach Yahoo should have announced–instead it is trying to protect itself by resorting to an “opt-out” process that it knows won’t really safeguard users.

Yahoo should have told Congress exactly what it collects and how it does it. For example, they should have told Congress what it said to advertisers in 2007: That “Yahoo’s pinpoint targeting capabilities can zero in on a large concentration of precisely the prospects you want.” They should have added that in the same document they explained that advertisers could use Yahoo to “Motivate consumer behaviors (registration, trial, purchase, store visit, frequency, brand loyalty).” It could have explained the “data collection ad units” it offers to advertisers. Missing too, for example, was any discussion of so-called Yahoo “Smart Ads.” The company should have told Congress that these behavioral ads provide “Ease of micro-targeting and segmentation of campaigns…Using an offer management database and user insights…”

Instead of claiming that it doesn’t really do local targeting, Yahoo should have cited from its “Spot Marketing” materials, telling Congress about its “4 Steps to Local Media Efficiency…Reach!–Use Geo/Demo targeting on a State, DMA or Zip Code Basis; Relevance!–Behavioral Targeting, Yahoo! Maps and Contextually Relevant Properties; Creativity!–Maximize Engagement By Combining The Best of Offline & Online Creative Into A Single Rch Media Ad Unit; Insights!–Measure Campaign Effectiveness With Yahoo’s Analytics Suite Including Rich Media Engagement Metrics.”

Yahoo could also have told Congress what it says to pharmaceutical and health marketers:
Treat with Surgical Precision.
Utilize purchase data from Yahoo! / AC Nielsen Consumer Direct to target actual buyers of related and competing products – while monitoring offline sales impact.

Find consumers by health condition with Yahoo!’s anonymous Behavioral Targeting – drawn from search, editorial, registration and more.”

Yahoo should have done better, especially at this time of real crisis over its future and management. By the way, we also believe that Yahoo was engaged in doing political damage control. With the Department of Justice currently reviewing the proposed Google/Yahoo joint venture, we think Yahoo is attempting to head off concerns about the merging of two of the world’s largest data sets on user behavior.

Why did Yahoo Tell SEC in 2007 that Google was biggest competitor, but now–with proposed new deal–it becomes its partner?

In its most recent 2007 SEC 10K, Yahoo listed Google as its primary competitor: “We face significant competition from large-scale Internet content, product and service aggregators, principally Google, Microsoft and AOL…. Google’s Internet search service directly competes with us for Affiliate and advertiser arrangements, both of which are key to our business and operating results.” But now, with this proposed arrangement, Yahoo’s former principal competitor is its partner. The same 2007 SEC report submitted by Yahoo also cited the development of its “Panama” search ad system as one of its major accomplishments.

When the Senate raises questions this week on the deal, it should ask Yahoo how it could tell the SEC and investors one thing–and then quickly reverse itself.

source: Yahoo Form 10K. Filed February 27, 2008. Available at: http://yhoo.client.shareholder.com/sec.cfm?DocType=Annual

Google/Yahoo! Combine also raises questions about Publicis and WPP deals

Officials need to examine the recent deals made both by Google and Yahoo! with advertising agency powerhouses, Publicis and WPP, respectfully. The Google/Yahoo! combine reduces competition in the online ad sector, and these agreements need to be part of the analysis. Google and Publicis completed their deal last January “based on a shared vision of how new technologies can be used to improve advertising.” Last month, Yahoo! and WPP formed a “multi-year strategic partnership” that is connected to the online ad trading Right Media Exchange.

Search should not be considered a “natural monopoly,” as some cynics suggest. Nor should search by viewed as separate from display; increasingly the two are intertwined. Marketers desire cross-platform strategies. Perhaps that’s one reason Google is hiring cross-platform ad specialists. To quote from a Google job posting: “The Cross Platform Solutions team forms partnerships with advertisers and agencies to build brands online. We strive to deliver the most efficient and effective digital platform upon which the world’s leading brands are built. We connect advertiser’s brand messages to their target audience through innovative, precise and accountable online marketing solutions whose reach can extend around the world.”

It’s hard to keep up with the online ad world, so it’s not surprising that regulators have been slow to address the critical consumer and competition issues. But much is at stake in how diverse and consumer-friendly the new media world will become. That’s why the DoJ and the Hill need to look at these ad agency deals, among other issues we will discuss soon.  Btw, privacy is a serious issue in the deal, no matter how Yahoo! may be spinning it.

Yahoo opposed Google/DoubleClick Deal a few months ago: Tales of corporate turn-around

via Paidcontent.org. October 15, 2007:

“Yahoo (NSDQ: YHOO) has made its first public comments on the European Commission’s review of Google’s (NSDQ: GOOG) $3.1 billion purchase of DoubleClick, and, as you can probably guess, its take is pretty negative. In a submission to the Commission, Yahoo says the purchase, if approved, will mean higher prices for online display ads and less competition in the digital publishing sector. Andrew Cecil, public policy head for Yahoo Europe: “Combining Google’s search business with Doubleclick’s ad technology will strengthen Google’s dominant position in Europe. The competitive landscape for online advertising will be negatively impacted.”

and via Search Engine Watch: “Meanwhile in Europe Yahoo is heading the push with the EU. Yahoo has longer online advertising standing in Europe.
“Combining Google’s search business with DoubleClick’s ad technology will strengthen Google’s dominant position in Europe,” Andrew Cecil, head of public policy for Yahoo! Europe, said in an e-mailed statement today, Bloomberg reported. “The end result will be higher prices for Internet publishers and advertisers and less choice for European consumers.”

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.

Facebook Fails to Address Privacy Concerns, as Powerful Canadian Complaint Documents

They ought to change the name of a corporate position entitled chief privacy officer to chief data collection protector. That’s our response to the comment from Facebook’s Chris Kelly, who serves as its chief privacy officer. According to the Associated Press, Mr. Kelly responded to the privacy complaint filed by the Canadian Internet Policy and Public Interest Clinic (CIPPIC) with the following comment: “We’ve reviewed the complaint and found it has serious factual errors — most notably its neglect of the fact that almost all Facebook data is willingly shared by users…”

We find such a remark incredibly revealing about Facebook, and it raises questions about how well they have structured the role of its “chief privacy officer.” For example, does Mr. Kelly believe that Facebook users understand, as pointed out in the very important CIPPIC complaint on page 22, that outside developers are given access to a wide range of user information. As the complaint notes:

“(a) Information That May Be Provided to Developers. In order to allow you to use and participate in Platform Applications created by Developers, Facebook may from time to time provide Developers access to the following information: (i) any information provided by you and visible to you on the Facebook Site, excluding any of your Contact Information, and
(ii) the user ID associated with your Facebook Site profile.
(b) Examples of Facebook Site Information. The Facebook Site Information may include, without limitation, the following information, to the extent visible on the Facebook Site: your name, your profile picture, your gender, your birthday, your hometown location (city/state/country), your current location (city/state/country), your political view, your activities, your interests, your musical preferences, television shows in which you are interested, movies in which you are interested, books in which you are interested, your favorite quotes, the text of your “About Me” section, your relationship status, your dating interests, your relationship interests, your summer plans, your Facebook user network affiliations, your education history, your work history, your course information, copies of photos in your Facebook Site photo albums, metadata associated with your Facebook Site photo albums (e.g., time of upload, album name, comments on your photos, etc.), the total number of messages sent and/or received by you, the total number of unread messages in your Facebook in-box, the total number of “pokes” you have sent and/or received, the
total number of wall posts on your Wallâ„¢, a list of user IDs mapped to your Facebook friends, your social timeline, and events associated with your Facebook profile.”

Whoa! Do users really know this and give away their data consciously? We think not. Our friends from Up North have ignited a campaign which will grow throughout the world.

Google Opens its Network to 3rd Party Ad Servers, but Fails to Candidly Address the Privacy Issues

Google announced Tuesday that it [our emphasis] “is accepting third-party advertising tags on the Google content network in North America. This will empower advertisers to work with approved third parties to serve and track display ads, including rich media ads, across the Google content network through AdWords, giving them more options, flexibility and control over their campaigns.” Among the companies it lists that can track us through the Google network includes its own DoubleClick, as well as Eyeblaster, Eyewonder, Pointroll, Unicast, Dynamic Logic, and Interpolls.

Google has created a three-part video series on YouTube to “explain” how ad serving works. But like so much of Google’s privacy PR, it doesn’t really explain what the goals are of its expanded ad service. It also attempts to minimize the very real privacy concerns. Google uses its online ad industry Orwellian-like Doublespeak to suggest that the profiling and targeting of users is “enhancing their web experience.” Google could have included in its YouTube script what it is telling prospective YouTube ad sales persons: “that Google technology enables the world’s biggest advertisers to enjoy immediate and accountable communication with the consumer…to drive revenue… to top-tier brand advertisers and agencies…[via]… a next-generation advertising platform.” It could have said that its expanded online ad platform was designed, as its job announcement for a New York-based “Google Financial Services Account Executive” states, to help “the biggest financial services companies in the world. This includes investment, credit card, tax, banking and insurance companies.” Or as it explains in its “Google entertainment account executive” job announcement, “you’ll help to provide integrated, cross-platform advertising solutions for media and entertainment clients including TV, movie, gaming, music and web publishing companies.”

Google’s blog announcement for the opening up of its network to 3rd party ad servers, and its three-part series, could have detailed the range of data being collected and tracked by its DoubleClick and now other companies. That would include DoubleClick’s “Rich Media’s Audience Interaction Metrics package,” which “lets you analyze data on more than 100 unique interactions in every creative unit including multiple exit links, counters, timers and video metrics.” Or Eyeblaster’s “advanced …powerful tracking and optimization capabilities” that examine “unique viewer behavior– why look at impressions and clicks when you can look at the behavior of individual customers.” Or Unicast’s “User Engagement Index (UEI), that measures a user’s interaction with a rich media ad and provides a score made up of key engagement metrics.” Or what its now 3rd party approved from Eyewonder collects, such as “track all video interactions, rich media interactions, brand interactions and time, and …Custom tracking… to also measure metrics critical to your specific campaign.”

Google really requires both a privacy and online marketing ombudsman, to say the least. They have a very hard time being straight-forward about what information about us is being collected, how it’s really used, etc. Perhaps independent observers and consumer advocates whose mission is to help the company be more honest with itself, its employees, and its users would help. Meanwhile, we will just have to help regulators, policymakers, and the public better understand what Google isn’t really telling us.

PS: This announcement also has implications for mobile privacy. We think this quote from Mobile Marketer is very telling (hey, Google. Put him on your GoogTube channel!): “As mobile advertising evolves and matures, advertisers will demand consistent, in-depth analytics and immersive consumer engagement frameworks,” Mr. Rahav said [Amit Rahav, VP, Marketing, Eyeblaster]. “…To be able to retain client confidence and quality of user experience, Google defined a process for certifying trusted partners like Eyeblaster and other companies. Defining such rules of engagement creates the win-win ecosystem that helped scale Web advertising and stands to do the same for the mobile world.”

PPS: Perhaps Google should have addressed this, from its new 3rd Party approved partner Interpolls: “Interpolls is the only rich media company providing a complete end-to-end suite of integrated marketing solutions. In addition to rich media advertising, Interpolls provides clients with interactive promotions, live on-air voting, site polling, online sweepstakes and more. All of Interpolls services can be integrated into its proprietary platform, offering customers tremendous convenience while maximizing reach, awareness and results. “Expanding our distribution network to include the Google content network was a critical piece needed to provide our clients with the industry’s largest rich media distribution to reach their customers and prospects without limitations,” said Peter Kim, CEO and president, Interpolls. “The agreement opens the door for our clients to increase their distribution through the Google content network, and provides Google publishers and advertisers access to our innovative rich media advertising and widget solutions.”

PPPS (and we promise this is the last one!). Google also announced that several research firms were now allowed to work with its network and, we assume, help “measure performance” of Internet ads. They include Dynamic Logic, IAG Research, InsightExpress, and FactorTG. For example, IAG (now owned by Nielsen) says it “is the only panel-based measurement service that provides continuous evaluation of Internet ad performance and a direct comparison to TV ad effectiveness.” In another words, to help grow Google’s ad business it has, understandably, opened up its service to the network of tracking, analysis, and interactive media delivery services which comprise the world of marketing. But, we believe, Google should have explained all this clearly to users, and not–in our view–gloss over what this all means.

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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Former journalist and now online ad industry lobbyist Randall Rothenberg, in a BusinessWeek commentary, suggests that the call for privacy rules ensuring individuals have control over their data will undermine the Internet. You would think a Madison Ave. trade group could craft more creative PR copy. But the online ad industry’s position is indefensible, since they built a system based on the harvesting of our information without believing they would need to get our permission first. The IAB board should realize it has embarked on a very dangerous campaign here that will undermine credibility for many marketers. Here’s my response submitted to BusinessWeek:
Mr. Rothenberg, as head of the interactive ad trade group lobbying against the call from consumer groups for the government to protect personal privacy online, fails to address the central question regarding online advertising. The call for regulation is designed to ensure individuals control their data while on the Internet or using their mobile phones—not companies such as Google, Microsoft, and AOL. Public interest groups are not opposed to interactive marketing: indeed, we recognize it as a key source of funds for online publishing. But Mr. Rothenberg’s members have created a commercial surveillance system that rivals the NSA—tracking and analyzing our every move while on the Internet, all so we can be encouraged to behave favorably to some marketing message. Responsible ad industry leaders will seriously address the privacy threats created by the interactive marketing apparatus—and not hide behind self-serving claims that unless our privacy is lost, we won’t have a robust digital medium.

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