Google, AOL, Yahoo, Facebook and Comcast Fear NY State bill protecting online privacy

Oh, what a tangled web when you build a business mode based on the collection and unfettered use of microtargeting data. New York state Assemblyman Richard Brodsky has proposed some modest safeguards–but has scared the supposedly privacy-respectful companies such as Google with it. Google, AOL, Yahoo and others sent the letter below to Brodsky. Yesterday, we are told, AOL and News Corp lobbyists met with Brodsky’s office and claimed that the online ad industry would have to flee New York if consumers are protected in that state. Perhaps they plan to relocate Madison Avenue to a digital green zone outside the U.S.! Btw, note the addition of Comcast, which also wants to protect its TV version of behavioral targeting via its Spotlight service.

The letter:

State Privacy and Security Coalition, Inc.

April 7, 2008

The Honorable Richard Brodsky
New York General Assembly
Legislative Office Building
Room 422
Albany, NY 12248

Re: Opposition to A. 9275

Dear Assemblyman Brodsky:

We are writing to express our strong opposition to A. 9275, which is
unnecessary, most likely unconstitutional, and would have profound
implications for the future of Internet advertising and the availability of free
content on the Internet.

A. 9275 would subject advertising networks to an extremely
detailed, unprecedented array of notice, consent, and access obligations
relating to “personally identifiable information” and “non-personally
identifiable information ” that is used for “online preference marketing.”
Every website that an advertising network contracts with would be subject
to detailed notice requirements.

This bill is unnecessary because advertising networks have already
agreed to self-regulation commitments relating to most of the components
of this bill. If they fail to live up to these commitments, then the Federal
Trade Commission and the New York Attorney General’s office would
have enforcement authority. Moreover, the bill appears to be based on
Network Advertising Initiative principles that will soon be outdated, as new
principles are expected to be released in the near future.

This self-regulatory system is continuing to advance. The Federal
Trade Commission has issued further self-regulatory principles relating to
behavioral advertising on which it will receive extensive comments later
this week, and several major network advertisers have announced new self-
regulatory initiatives. New York does not need to, and should not, jump
into this process.

This is particularly true because the Dormant Commerce Clause of
the U.S. Constitution prevents any State from dictating activity across the
Internet. Yet network advertisers and websites across the country and
operating in other countries would have to attempt to change their practices
to conform to the very specific notice, consent and access requirements in A. 9275. It is simply not feasible to comply with Internet advertising regulations that vary from state-to-state. Time after time, state laws that have attempted to impose this sort of broad Internet regulation have been struck down by the courts, doing nothing more than making taxpayers bear the expense both of defending the lawsuit and paying the successful plaintiffs’ attorneys fees.

For all these reasons, we urge you to oppose A. 9275 and allow self-regulation and federal initiatives to address online behavioral advertising.

Sincerely,

Jim Halpert
Counsel

[Members]

AOL, LLC
Comcast
eBay Inc.
EDS
Facebook
Google
Internet Alliance
Monster Worldwide
NAi
NetChoice
Reed Elsevier, Inc.
Yahoo!
500 8th Street, NW
Washington, DC 20004
202.799.4000 Tel
202.799.5000 Fax

Report on online ad market: "DoubleClick owns the head and Google owns the tail"

A new study conducted in January 2008 by Attributor and Compete shows that [excerpt]:

  • DoubleClick and Google dominate overall market share capturing 35% and 34% of unique users, respectively.
  • DoubleClick owns the head and Google owns the tail. For sites with over 1MM monthly unique users, Doubleclick has a 48% share, a 3x advantage over 2nd place Yahoo. For sites with less than 100k monthly unique users, Google has an 8x share advantage over 2nd place MSN…

The GoogleClick combination is an ad-serving juggernaut.

See this discussion as well from eMarketer on the study. Search Engine Journal also covers it.

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TV advertising, as we discussed in our book, is going interactive. The same privacy problems we now have with online–and will also have with mobile–are being migrated to television. Here’s an excerpt from a trade story on a meeting just held by the advertising industry to discuss interactive and highly targeted TV commercials [our emphasis]:

…Google executive Dan Gertsacov demonstrated the latest iteration of the search giant’s so-called “Goolge TV Ads” program, which is [sic] marries an online, auction-based system for buying TV advertising with Google’s methods for analyzing the clickstream data produced by TV digital set-top devices to give advertisers and agencies the ability to buy and evaluate TV the way they would online search.

The first iteration of the system enabled advertisers to buy TV time based on networks and dayparts. The iteration shown at Carat Wednesday revealed that advertisers and media buyers can now procure TV advertising time based on key words or terms, much the way they would buy online search.

A computer laptop marketer, for example, can now type in the word “laptop” and find a schedule of TV shows referencing computer laptops that they might place ads into.”

source: Carat Meeting Reveals Addressable TV Roll Out, Google ‘Key Word’ TV Buying System. Joe Mandese. Media Daily News. March 27, 2008. reg required.

PS:  Here’s another addition.  Google will track and analyze targeting done via TV and its impact online [excerpt]:

Both [Michael] Steib and [Dan]Gertsacov spoke about Google TV Ads’ ability to offer insight into how a campaign functions simultaneously on TV and online. Steib mentioned the potential for gauging what transpires online–with site visits and transactions–soon after a TV spot runs.”

source: Google Crawls Stations, Tells Broadcasters ‘TV Ads’ Makes Good AdSense.  David Goetzl.  Media Daily News.  March 28, 2008
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Simpson, Thatcher &

Here’s an excerpt from an article in GCP, the “Online Magazine for Global Competition Policy” by Peter C. Thomas, entitled “Lifting the Fog: Google/DoubleClick Demystified.”
“In the end, both the FTC and the Commission cut through the fog of the complaints surrounding the proposed merger to get to the right answer, namely that Google and DoubleClick operate in different, already competitive markets, and that their complementary services, when combined, will not harm competition in any relevant market.”

But readers should follow the asterisk next to Mr. Thomas’s byline, which reads [our emphasis]: “∗ The author is the Managing Partner of Simpson Thacher & Bartlett LLP’s Washington, D.C. office…Simpson Thacher represented Hellman & Friedman and DoubleClick in the acquisition by Google.”

We love objectivity!

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Big Ad Agency Expectations: Google will “leverage” and “combine” with DoubleClick’s data

From an interview published March 17, 2008, via paidcontent.org, with Ogilvy’s chief digital officer (excerpt): “Google and DoubleClick have been partners with Ogilvy for a long time. Half of our clients are on DoubleClick ad serving platform and obviously, we’re buying a lot of media from Google, in the form of keywords. So both continue to be key partners to Ogilvy – as are Yahoo and MSN. From an industry dynamic, it’s going to be interesting to see how Google can leverage the data that DoubleClick has and combine that with the search data to further optimize the display media.”

Google (and many others) embrace “always on marketing”

We believe it’s important to help the public understand where Google, Microsoft and the other digital marketing firms are headed. An excerpt from Adweek: “Google is consulting with several top clients to help them move their internal marketing systems to support what it calls a “portfolio-management” approach to marketing that has all corporate assets digitized and available on demand…After closing its deal to acquire DoubleClick last week, it can move ahead to extend… always-on marketing into forms of assets beyond simple text ads, including display, video and audio. What’s more, thanks to behavioral targeting, advertisers are increasingly able to reach discrete audiences, meaning their budgets can go farther.

“As targeting gets more refined, marketing will be more efficient and the mind-set will shift to serving key audiences on a more continuous and on-demand basis rather than push messaging,” said Jeff Marshall, digital managing director at Starcom USA.

Of course, Google executives go even farther. As long as the matching of customer demand to advertiser is right, Penry Price, Google’s director of North American sales, said, “the budget is almost irrelevant.”

from: “Flights of Fancy? How social media and search are extending the life of marketing campaigns.” Brian Morrissey. Adweek. March 17, 2008

excerpt from new DoubleClick job posting: “The newly formed Emerging Media Team is currently searching for a seasoned Program Manager to help introduce and expand the team’s offerings in Social Media and Services. The Program Manager (PM) is responsible for ensuring successful execution of select Advertisers’ social media ad buys and social media presence (i.e. page creation and management, buzz creation and monitoring, application development and distribution, etc.). The PM is charged with building strong relationships and establishing clear lines of communication with their advertisers, specialist partners, and internal resources including members of account management, search and affiliate program management, sales, and the publisher development teams. The PM is resourceful in leveraging their social network and buzz marketing knowledge, technical skills, client service experience, analytical and problem-solving capabilities, and organizational skills to ensure flawless program execution that drives insights and helps define future client/publisher opportunities and social media and services offerings.”

from “Program Manager, Social Media and Services, DoubleClick Performics

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Google, Microsoft, others: Tracking our every interaction to determine the click that delivers for advertisers

excerpt: “DoubleClick and Atlas have both been working on a process commonly known as multiple attribution protocol (MAP). As storage is cheap, we can now keep in the data cube all digital interactions of a consumer with a campaign. Every view, every click, every visit to a site, whether click-through or view-through… MAP reporting and algorithms will permit us to take into account the underlying banner and other campaigns that happen prior to the final action. With this methodology, we’ll be able to consider other actions besides the last click for partial attribution. DoubleClick has a reporting process in release now and Atlas is said to be releasing reporting and algorithms into beta in Q1 of this year.”

from: “The New Metrics Landscape.” David L. Smith. imediaconnection. January 29, 2008

Google’s target as it absords DoubleClick: “big world of brand and display dollars”

One phase of the regulatory review is over, but the effort to protect privacy online continues. The work of EU and U.S. privacy and consumer groups during the merger encouraged officials on both sides of the Atlantic to more closely examine online data collection practices of Google and others. We believe that EC privacy commissioners will continue to press for more effective safeguards. We were told that the EC competition authorities met resistance to their merger analysis from other officials concerned about privacy and media diversity. In today’s digital media era, the diversity of content creation, protecting privacy, and the competitiveness of the online ad business are intertwined.

We intend to keep our Google watch (along with our focus on the online ad industry). Today’s Advertising Age article on the Google/DoubleClick merger gives a sense of where the search leader is headed [excerpt. our emphasis. subscription required]: Google executives were meeting with reporters in their New York office this morning when the official news came through. “There’s a big world of brand and display dollars we haven’t been as aggressive in or played in,” Penry Price, VP-North America sales for Google, said at the meeting… “We want to build on top of that platform [DoubleClick’s] and create next-generation tools to work with marketers and agencies to have an end-to-end solution from planning to reconciliation”….”I think would we be disappointed in 2008 and 2009 if we don’t have a very significant presence in the display marketplace,” Google President-Advertising Tim Armstrong said yesterday at the Bear Stearns Media Conference.

PS: Here’s what JP Morgan said, in part, about the consequences of the Google/DoubleClick merger in a report released yesterday: “Better targeting opportunities. Google will now have behavioral data from search, email, video, and web usage on network sites. We believe this will allow the company to provide much better ad-targeting, leading to increased CPMs on DoubleClick sites.”