World Association of Newspapers Tells DoJ What CDD Has Been Saying: Google/Yahoo Combo Deal Threat to Newspapers and Online Content Diversity

Last July, my CDD wrote to the Department of Justice Antitrust Division raising a number of concerns about the proposed consolidation between Google and Yahoo! In particular, we were concerned about the impact the deal melding together the two leading online ad companies for newspapers would have on that imperiled business. Now, the World Association of Newspapers has issued a statement opposing the deal, citing many of the same issues. Here’s a link and the first few graphs of their important communique:

For over 60 years, the World Association of Newspapers [W.A.N.] has vigorously defended the freedom of the press. From its beginning, W.A.N. has recognized that newspaper journalism can be truly free only if newspaper publishers are economically independent. This means having the freedom to decide what news to publish, where to publish it, and the ability to build sustainably profitable businesses around it. As newspaper publishers endeavor to adapt to the Internet, their independence increasingly hinges on their ability to monetize news through online advertising.

 

In this pursuit, one company – Google – has emerged as the significant market power in online advertising. Google has built a very impressive business in 10 years, generating billions of dollars by indexing and linking to online content, then profiting from it through Google’s own ads. However, of the very impressive $48 billion in online advertising revenue that Google has amassed since 2001, less than one third of that has been returned to online publishers (1), and a much tinier fraction has benefitted the news and content generation industries. As such, most publishers are acutely aware that Google’s ever-tightening grip on internet traffic, its unbridled use of online content, and its dominance in online advertising poses a very real threat to the continued viability of the independent content generation industry.

It should be pointed out that most of W.A.N.’s 18,000 newspaper title members are, in fact, regular customers of Google (and to a lesser extent, Yahoo). These publishers depend on Google (and Yahoo) for a significant portion of their online advertising revenue and rely on each company’s respective search engines (both their paid search ads and their natural search results) to drive traffic to their websites. To date, competition between both these two search companies has provided a necessary check to any potential market abuses, and has helped to ensure that publishers and content generators are capable of earning an equitable and fair return on their content.

It is in that context that W.A.N. believes that the competition that currently exists between Google and Yahoo is absolutely essential to ensuring that our member titles receive competitive returns for online advertising on their sites, and for obtaining competitive prices when they purchase paid search advertising. In our view, the proposed advertising deal between Google and Yahoo would seriously weaken that competition, resulting in less revenues and higher prices for our members. W.A.N. is also concerned that this deal would give Google unwarranted market power over important segments of online advertising.

While Google and Yahoo have stated that their proposed agreement is limited in scope to North America, W.A.N. believes it will have a significant and adverse effect on all newspaper publishers worldwide, as it could have the potential of reducing the incentive for Yahoo to vigorously compete against Google across the globe.

More Google Ad Tag Targeting & Data Collection via DoubleClick’s new “DART Natural Search”

Google now does the hiring and firing over at DoubleClick. It’s also responsible, of course, for its business activities and privacy policies. Here’s an excerpt from a 2008 “beta programme” called DART Natural Search. We think the growing role of user tracking across a myriad of online content, which other companies are also doing, is a very disturbing practice:

“By working with DART Natural Search, the impact of the entire search experience and click history can provide directional and prescriptive insight for your business’ search strategies. The DART Natural Search solution empowers businesses to better understand consumer search activities, through a robust tool that leverages existing spotlight tags used in paid search management and a simple tag on landing pages. DART Natural Search reports on where your traffic originates via the following search engines properties. [they list Google, MSN, Yahoo, Windows Live, ASK & AOL]…Conversion data from both Paid Search and Display is de-duplicated. And you get full exposure-to-conversion pathway reporting, giving you a snapshot into what influences a customer purchase decision… DoubleClick implements a state-of-the-art, single tracking tag and system for both Paid Search and Natural Search… By understanding the complete picture of the online media mix, you gain insight into the visits and conversions attributable to natural searches. Specifically for Natural Search, you’ll be able to understand what country people search from, and the search engine property they use (images, video, news, etc). Lastly, learn what search terms and landing pages are most valuable to your business.”

source: “Gain Insight into Your Customers’ Natural Searches.” DoubleClick [UK]. 2008.

Google Pushes Junk Food via Burger King Online “Branded Content” ‘Toon Deal [Do a Search for Obesity Crisis and Search Engines]

Google will launch tomorrow a new online series sponsored by Burger King that features “animated webisodes” created by Seth MacFarlane (of Fox’s “The Family Guy”). Google will be promoting the series via its YouTube service as well as on its Adsense Content Network. Burger King gets its logo and mascot in a spot. Google says, notes one online publication, that its Adsense network will only target “18 to 34” year old men. The same report explained that “Burger King gets a direct line into its consumers, who find these nuggets of entertainment where Google might otherwise post ads. Google says this is its biggest-ever deal using the Google Ad Network to distribute and monetize content. I spoke to Alexandra Levy, the director of Google’s relatively new Branded Entertainment division. The idea is that Google has all this inventory and access and branded entertainment may prove a more compelling way to communicate an advertiser’s message.”

For the folks at Google to empower Burger King ads during the current youth obesity crisis is poor judgement on its part. Google isn’t alone, however. Microsoft, Yahoo and others are also backing the digital targeting of young people with unhealthy food and beverage products. Google should think more carefully about the consequences to the nation’s health from the products it promotes (and also consider what will eventually happen to its brand reputation).

A Few Thoughts on Google, Data Collection, and Privacy: The Search Giant Blinks as Regulators Review

Google’s announcement today is a classic case study on how modern media companies deal with pressure from regulators and advocates. The company announced it would “anonymize IP addresses on our server logs after 9 months.” First, this would not have occurred without the extraordinary pressure brought by EU officials, especially data protection commissioners. [We should also thank numerous privacy and consumer advocates]. Nor would it have happened so readily if Google wasn’t trying to appease policymakers to ensure it can continue unfettered its online advertising shopping spree–such as DoubleClick and the pending joint venture with Yahoo! (and soon perhaps Verizon). Google blinks a bit on privacy when its corporate plans are under the regulatory cross-hairs (such as precisely this moment by the U.S. Department of Justice).

Google still needs to really limit its data collection practices, and become the global leader in privacy protection. It needs to become fully transparent about the myriad–and ever-growing–ways it collects, analyzes, and utilizes consumer data. It shouldn’t take regulatory review, policy pressure, or an attempt to blunt the outcome of a review from competition authorities, for Google to do the right thing. More coming.

Google’s YouTube: Home-Page to Feature More Brand-friendly Ads says trade story

That’s from a story written by Silicon Alley Insider. As YouTube further transforms into more of a deep-pocketed brand friendly online video service, it will be important to identify how it tries to better serve advertisers (via data collection, targeting, placement, etc.). Here’s an excerpt from the story [our emphasis]:

Take a good, long look at YouTube’s homepage. You may not recognize it soon…Advertising sources say YouTube is revamping the homepage to accommodate a huge new banner ad that will span the entire width of the page. The ad will [sic] is roughly the same height as the current video ad unit on the upper right of the page, and designed to accommodate high-definition video… Sources who have seen the unit describe it having multiple tabs that activate when rolled over by a cursor.

YouTube is …offering inaugural sponsors a deal to buy the new unit for roughly the same price as the old, or about $200,000 a day… Industry observers think that News. Corp.’s MySpace is getting more than a $1 million for takeover ads on its homepage.”

source: “YouTube Finally Figures Out How To Make Money: Big Ads On Its Homepage.” Michael Learmonth. Silicon Alley Insider. August 28, 2008

Google/Verizon Deal: will increase “Google’s stranglehold on the mobile search market”

That quote in the headline comes from a new analyst note written by ad agency Avenue A/Razorfish. It explains [our emphasis] that: “[T]he deal will most certainly increase Google’s stranglehold on the mobile search market, and will be another blow to Yahoo and Microsoft, who are rapidly losing browser search share as well. Google currently owns 61% of the mobile search market, and already has deals in place with Sprint Nextel and T-Mobile. A deal with Verizon would give the search engine access to the current no. 2 wireless provider – but soon to be no. 1 once Verizon’s acquisition of Alltel closes.”

Regulators need to examine this deal on both competition and privacy grounds. The current review of the Google/Yahoo combination underway by the Department of Justice would be remiss if it didn’t address the mobile marketing issues. After all, Yahoo! mobile is a significant part of that company’s ad serving business. We still want to know whether Google will also be serving up mobile ads on Yahoo! as part of its forthcoming alliance.
source: Issue No 112 | August 27, 2008. SMTrends. Ave A/Razorfish.

Google Behavioral Targeting Watch: Certifies Online Ad Targeter for its content network that “delivers unparalleled consumer insights”

Google’s growing number of “certified” third-party ad companies–many whom engage in behavioral targeting–which now operate over its “content Network” should raise questions from policymakers and privacy advocates around the world. Take Tumri, for example, which won such Google approval last month. Tumri is the “new player in the behavioral targeting space that promises seamless integration of highly targeted content with heightened consumer relevancy,” according to trade publication Clickz. Tumri says it combines “behavioral, contextual, geographic, demographic, and more” so advertisers can, for example, ensure that “the target audience take action rather than simply generating awareness…”

When it announced it had gained the Google seal of targeting approval last month, Tumri explained that [our emphasis]:

“We are excited to be included as one of the platforms certified on the Google content network,” said Calvin Lui, President & CEO of Tumri…Tumri’s participation in the Google content network combines the impact and effectiveness of today’s most dynamic and targeted ad delivery platform with Google’s broad reach. The combination of Tumri’s patent pending targeting and optimization platform with Google’s leading content network will deliver unmatched relevancy to consumers and performance for advertisers. As part of the certification, Tumri worked with Google to ensure that all Tumri ads meet Google’s policies, specifications, and performance requirements.

Attack of the AdPod People:

Tumri describes its service this way: “Dynamic and interactive by design, the Tumri AdPod enables publishers to deliver the right message to the right customer at the right time, yielding greater consumer relevancy, stronger click through and conversion metrics, strengthened monetization and heightened user satisfaction.” They explain that:
“Across traditional web sites, social networks, and the incredible amount of user-generated content that users interact with daily, consumers’ unique needs and personalities are reflected in the content of the pages they visit, the context of their visits, and the aggregated behavior pattern they demonstrate online. Given the power of the Internet, marketers and content developers can reach consumers using measurable dialogs across all online channels – web sites, advertisements, email, widgets, instant messaging, and many more….”

They also discuss the company’s tools, including its “matching engine,” which enables it to “match in real-time users with commercial content…
We utilize information from site visits, geographical location, browser context, search behavior, ISP/bandwidth characteristics, time of day, and past interactions which then become input to our classifiers who work in collaboration to determine:

  • Who is this user?
  • What is this user about?
  • What are they doing right now?
  • What are they in the market for?
  • What are they most likely to respond to NOW?”
	

Google/Yahoo deal raises competition and privacy concerns: the redacted SEC filing

The proposed deal where Yahoo turns over to Google a great deal of its search ad function is available via the SEC. Although it’s the redacted version, there’s enough detail to raise questions. Policymakers, consumer advocates, competitors, and the public should be concerned. The document underscores how competition has eroded in the online ad marketplace for search. The agreement first graph has this phrase [our italics]: “WHEREAS, Yahoo! desires to obtain the right to utilize Google’s monetization services in connection with certain web sites and Google desires to make these services available to Yahoo!.”

In other words, Yahoo! simply can’t make it on its own. Google gets to “conduct a review of each Prospective Yahoo! Partner Property” for the deal–which means Yahoo!’s relationships are now also Google’s. Google controls the ad copy–which Yahoo! can’t touch. Yahoo! becomes a mere licensee of Google services [“Google grants to Yahoo! a limited, nonexclusive and non-sublicensable license during the Term to access and use the Google Materials solely for the purpose of implementing and receiving the Services…”].

Beyond the deal’s threat to competition, there are privacy issues. Policymakers must ensure that we understand what data is being collected and shared by the two leading search firms. What information is to be obtained in what the agreement terms as a “client ID” [“Client ID” means a unique alphanumeric code or other designation or identifier that is provided to Yahoo! by Google to be used by Yahoo! as a Client ID in accordance with the Documentation…Yahoo! must assign a separate Client ID to each category of [*].”] The * indicates a redacted portion of the agreement.

We believe this deal will further undermine competition in a key online ad sector,  and only further strengthen Google. But beyond competition, consumers need to know how the deal will involve their data. Both Google and Yahoo should make it clear what data and analytics will be developed and shared.

Behavioral Targeting Lawsuit Illuminates How Data is Collected From You

Look for a moment at an excerpt from a legal tangle between behavioral targeting companies Valueclick and Tacoda (the latter now owned by Time Warner). Valueclick filed suit on July 15 claiming patent infringements, including for one entitled “Method and Apparatus for Determining Behavioral Profile of a User.” Read the “Abstract” and part of the “Summary of the Invention” for this patent and think about your privacy (and that this is based on 1998 technology!):“Abstract: Computer network method and apparatus provides targeting of appropriate audience based on psychographic or behavioral profiles of end users. The psychographic profile is formed by recording computer activity and viewing habits of the end user. Content of categories of interest and display format in each category are revealed by the psychographic profile, based on user viewing of agate information. Using the profile (with or without additional user demographics), advertisements are displayed to appropriately selected users. Based on regression analysis of recorded responses of a first set of users viewing the advertisements, the target user profile is refined. Viewing by and regression analysis of recorded responses of subsequent sets of users continually auto-target and customizes ads for the optimal end user audience.”

Summary Of The Invention: …Over time, the tracking and profiling member holds a history and/or pattern of user activity which in turn is interpreted as a users habits and/or preferences. To that end, a psychographic profile is inferred from the recorded activities in the tracking and profiling member. Further, the tracking and profiling member records presentation (formal) preferences of the users based on user viewing activity. Preferences with respect to color schemes, text size, shapes, and the like are recorded as part of the psychographic profile of a user…The tracking and profiling member also records demographics of each user. As a result, the data assembly is able to transmit advertisements for display to users based on psychographic and demographic profiles of the user to provide targeted marketing.”
source: Complaint for Patent Infringement: Jury Trial Demanded. Valueclick, Inc. v, Tacoda, Inc. Case No. CV08-04619 DSF. U.S. District Court, Central District of California, Western Division.

Google’s patent to target social media ads: monitoring online communities

Google has been assigned a patent which abstract says is: “[A] computer-implemented method for displaying advertisements to members of a network comprises identifying one or more communities of members, identifying one or more influencers in the one or more communities, and placing one or more advertisements at the profiles of one or more members in the identified one or more communities.” Google may be joining the rush to further monetize (and spy, as far as I’m concerned) on social network communities. Social media marketing is the latest boomlet in online advertising. Here’s an excerpt from the patent.  Btw, I don’t see the word privacy mentioned in the patent application! [my bold]:

As the Internet has become increasingly popular, online social networks are becoming an important and pervasive mechanism for communication, entertainment, and professional and social networking. Members of a network implicitly associate or explicitly link themselves with one or more members within the network based on factors such as common interests. Interaction and signaling between members either directly or through other members cause the formation of communities of common interests within the online social network. The members of such communities are connected by one or more common interests.

Factors such as member interactions, content on member profiles, dynamically changing size of the community, and the like establish a hierarchy within a community where certain members are more popular than others and, consequently, wield enhanced influence over other members in the community.

SUMMARY

The present inventors recognized that blanket advertising across the network tends not to be cost-efficient to advertisers, since the members of the network tend not to be interested in the products and services being advertised unless the advertisements are relevant to the members’ interest. Presenting to advertisers a community of members sharing a common interest provides advertisers with an opportunity to present products and services of interest to the members of the network, thereby maximizing the return on the investment made to advertising.

The present inventors also recognized that advertising to members of an online social network based solely on the content of their profile lacks targeted generation of advertisements. Members of a community may have content on their profile in addition to the common interest of the community, such as personal information, etc. Relying solely on the content of the profile of a member of a community decreases the specificity of advertisements to the community since the presence of additional information distorts the signal from the content related to the common interests.

In one implementation, a computer-implemented method for displaying advertisements to members of a network is described. The method includes identifying one or more communities within a network, wherein the community can include a plurality of members of the network, identifying one or more influencers in the one or more communities, and placing one or more advertisements at the profiles of one or more members in the one or more communities…

The systems and techniques described here may provide one or more of the following advantages. First, a system can identify communities of common interests within an online social network. This may allow advertisers to target the communities based on the common interest of the community, as opposed to the content of individual profiles. Second, a system can identify members who belong to overlapping communities as a result of more than one common interest. By blending advertisements relevant to the interests of each of the overlapping communities, advertisers may target the members common to these communities. Third, a system can identify the influencers from among the members of a community. This may provide advertisers with the option of targeting either all members in the community or advertising only on the profile of the influencer, thereby targeting the entire community.

In addition, the system encourages members of communities in online social networks to enrich the content on their profiles. The presence of high quality content relevant to shared interests on a member’s profile increases the popularity of the member in the community and improves a member’s chances of being an influencer. An influencer may receive financial incentives from advertisers in exchange for permission to display advertisements on the member’s profile.