Category: FTC

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.

Wal-Mart Tracks & Targets its Customers Online via Behavioral Targeting

Wal-Mart has signed a behavioral targeting deal with Yahoo!  DM News reports that “when a shop­per puts a digital camera into a shopping cart and then takes it out, Walmart.com will be able to deliver an ad for a digital camera the next time that shopper returns to the site. If a shopper performs a search for digital cameras, an ad for digital cameras will be pre­sented with the results.”

We haven’t examined Wal-Mart’s privacy policy yet. But they should be held to a standard where its customers are treated fairly, not like retail guinea pigs. For example, will Wal-Mart tell its users what Yahoo! says it can do with its behavioral targeting product:

“With more behavioral data, real-time updates and audience modeling, Yahoo! Behavioral Targeting can deliver larger audiences and better performance than before.

With Engagers, advertisers can target consumers specifically interested in a product category, moving them down the sales funnel and eliminating waste. With Shoppers, advertisers can target consumers based on likelihood to click, improving response and conversion rates.
Yahoo! offers:
• The most experience with behavioral data and targeting, and the most sophisticated targeting technology online
• The largest online user base & the most detail about users (what they do, not who they are)
• The largest volume of behaviorally targeted ad impressions”

Will Wal-Mart tell its customers that can be classified under such Yahoo! behavioral categories entitled:

“Female Fashion Freaks
Consciously Cruising (Alt. Fuel Vehicles)
Seeking out the Silver Screen
Female Electronic Gurus
Home Hopping
Hunting for Trucks
Female Gamers (18-24)
Planning for the Golden Years
Nutrition Nuts
Aspiring African Adventurers”

ATT: DoJ, EC and Congress: Yahoo!’s own claims should raise alarms about a Google or Microsoft deal

No one should sit by and let either Google or Microsoft carve-up or take-over Yahoo! without a serious examination of the competition, privacy, and other consumer protection issues. This week, Yahoo! ran a four-page ad inserted in Advertising Age. Here’s some of Yahoo!’s own copy for regulators and the public to ponder:

“Yahoo! delivers the largest audience in the U.S.-the most 18-34 year olds, the most 35-54 year olds, the most women….Today, Yahoo! reaches over half the world’s Internet users. And with our growing network of premium publishing partners, including over 625 leading newspapers, we’re working with the other half…Our insights and understanding of our users lead to smarter targeting, so we can connect the right audience with the most relevant message–yours…With more ways to connect to your customers more deeply than ever, the future is wide open.”

From Yahoo! Advertising Age insertion. June 2. 2008 entitled: “What Happens When You Can Connect To More Than 550 million People From Over 170 countries Who Spend 2 Billion Hours Each Month In One Place?”

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.

Privacy Oxymoron: “Anonymous” but “custom ads for each and every individual”

We file this in the `FTC has to change its definition of what should be considered personally identifiable information’ department.

Via adknowledge. “Our Targeting: Adknowledge use behavioural targeting technologies behind the scenes to deliver the most appropriate ads. Our system processes billions of calculations a day to deliver ads to the right user at the precise moment that they are most likely to purchase…These systems are strictly anonymous and operate without any specific user-level data (non-PII data). Our systems work with over 200 million behavioral data points and 100 terabytes of storage to calculate custom ads for each and every individual.”

Online Ad Firm Agrees that Cookies Can “Be Matched to Specific User Details”

The online ad industry has been hiding behind the claim that cookies, IP addresses, pixel tags, and other methods of tracking don’t identify users. But inside the industry, a different conversation occurs. That’s why it’s always important when an industry official offers us a glimpse of how they view online ad industry data collection practices. In “Digital Brands 2008,” a UK-based publication, there’s such a helpful comment: “Rob Watt, media director at digital agency Avenue A/Razorfish, says, “If users fully understood how cookies work and how they can be used for behaviourial targeting, for example, then they’d probably opt out. Although data is anonymous, it could be matched to specific user details.” [Digital Branding-Privacy Issues. Nicola Smith, NMA Magazine. April 3, 2008. sub required].

sub. required

A Yahoo! & Google Deal is anti-competitive, raises privacy concerns

Based on news coverage [reg. required], it appears that Google and Yahoo! will attempt to team up in some way. We will await to see the details. But we want to point readers to Yahoo! 2008 annual 10K report. It discusses Google’s role as a competitor–something which would basically vanish in any outsourcing of its search ad business. As Yahoo! explained, “[W]e face significant competition from companies, principally Google, Microsoft, and AOL, that have aggregated a variety of Internet products, services and content in a manner similar to Yahoo! 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…Additionally, Google and Microsoft both offer many other services that directly compete with our services, including consumer e-mail services, desktop search, local search, instant messaging, photos, maps, video sharing, content channels, mobile applications, and shopping services.” Yahoo! also made clear that search was an integral part of its business plan: “We believe that we can expand our communities of users by offering compelling Internet services and effectively integrating search, community, personalization, and content to create a powerful user experience. We leverage our user relationships and the social community the users create to enhance our online advertising potential, as well as our fee-based services.” Once Yahoo!, in our view, cedes part of its search ad business to its leading competitor, it will not have the viability to pursue growth relying primarily on building out its display business. Search and display, cross-platform and application, are increasingly inseparable necessities in order to survive in the online ad business.

Why too, would Yahoo!, in essence, neglect its investment to improve its search ad technology–known as Panama. In its annual 10 K, Yahoo! explained that it “launched its new search marketing system, known as Project Panama, in the fourth quarter of 2006. This system provides advertisers with additional tools for budgeting, testing, and optimizing their marketing campaigns. This new system also provides a new ranking model launched in early February 2007 as the second phase of Project Panama that ranks ads by relevance in addition to keyword bid price. We believe the new search marketing system provides a more relevant search experience to users, more valuable customer leads to advertisers, and additional opportunities to our distribution partners. We have completed the global roll-out of the technology across all relevant geographies.”

As Yahoo! told shareholders and the SEC in 2007, “[O]ur Search offerings are often the starting point for users navigating the Internet and searching for information, whether from their computer or mobile device. In Search, our goal is to provide the world’s most valued and trusted search experience for users, advertisers and developers…” Undermining its own business by outsourcing search ads to its leading competitor will weaken Yahoo!s ability to be a “starting point” for both users and advertisers. Permitting Google to operate a portion of its leading competitor’s business would be harmful to online diversity as well. Having Microsoft acquire Yahoo! also raise serious competitive concerns, although they require thoughtful examination in a post `Google now owns DoubleClick’ environment.

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.

Yahoo/WPP Alliance=More Data Collection via Targeting and Privacy Concerns

Regulators will need to examine the privacy implications of the new Yahoo and WPP alliance. When the display ad leader–Yahoo--links up with the global ad agency holding company powerhouse–WPP--data collection issues must come to the fore. Under the deal, explains Reuters, “WPP advertising agencies would, through its 24/7 Real Media arm, develop a proprietary advertising media trading platform that takes advantage of Yahoo’s Right Media exchange.” WPP’s “brands” include Ogilvy, Cheskin, Dentsu Y&R and many, many others.

WPP’s 24/7 says the following about its “comprehensive” targeting:

“Whoever you want to reach, we have targeting down to a science.

  • Behavioural. We can serve ads based on your customer’s browsing behaviour.
  • Demographic. We can target campaigns based on a number of demographic criteria such as race, age, income, sex, employment, education, and home ownership.
  • Technographic. We can target based on browser, browser version, bandwith or operating system.
  • Retargeting. We can flag visitors to a site based on what they did on their last visit, and then “retarget them” when they return.
  • Geo-dem. We can overlay geographic data such as country, state or zip code with demographic information.
  • Daypart. You can tell us what hour of the day or day of the week that you’d like an ad to be viewed.
  • Content. You can choose specific sites, sections or positions on a page for ad placement.
  • Keyword/search. We can serve ads based on specific words that are entered into a search engine by your customer.
  • Custom. We can develop a comprehensive targeting strategy that is customised for whatever your marketing goal may be.”

Mind over our data: It was 24/7 that just announced it was also using “psychographic targeting through a partnership with Mindset Media…[that] will enable brand advertisers to target consumers with specific personality traits that drive buyer behavior and brand affinity across a broad range of consumer goods and services.”

From MediaPost’s coverage (excerpt):  “ The multi-year deal will pair Yahoo’s Right Media ad exchange with the targeting prowess of WPP’s 24/7 Real Media, giving WPP agencies a more effective system for buying mass quantities of display inventory worldwide… WPP’s GroupM…will be able to access the platform directly through 24/7 Real Media and plug in various targeting options-… Ryan Jamboretz, director of corporate development at GroupM…said “[T]his only improves the product by allowing us to do things like behavioral and retargeting on a larger scale.”

source:  Yahoo, WPP Partner to Buy, Sell Rich Media More Effectively.   Tameka Kee.  Online Media Daily. May 15,2008.

Charter Cable to Spy on its Broadband Users to Serve Targeted Ads via NebuAd

We have long pointed out that deep-packed inspection can be used by ISPs to both eavesdrop on users and undermine the neutrality of the Internet. Via Wired and other sources we learn that “Charter Communications, one of the nation’s largest ISPs, plans to begin eavesdropping on the web surfing of its customers, in order to help web advertisers deliver targeted ads. In letters being sent to some of its 2.7 million high-speed internet customers, Charter is billing its new web tracking program as an “enhancement” for customers’ web surfing experience. The letters were first reported by a BroadbandReports.com user on Sunday. The pilot program is set to begin next month.”Charter, using language straight out of Orwell’s 1984, claims it’s offering an “enhanced” service. Demonstrating its monopoly clout, Charter is imposing this service on an opt-out basis. Charter will be using, notes Wired, NebuAd. Here’s what NebuAd says it does (our emphasis): “NebuAd delivers the most actionable consumer intelligence by extending its reach dynamically to encompass the ever-growing network of sites that consumers visit. NebuAd combines this web-wide view of pages navigated, searches performed, ads clicked, etc., with the industry’s most accurate targeting capabilities, matching consumer interests across more than 1,000 categories…The result is behavioral advertising on a vast scale with a level of relevance that drives significantly improved response and engagement rates across all categories of advertisements.”

Here’s what NebuAd told Behavioral Insider magazine last November (excerpt, our emphasis): “The kind of data we do aggregate includes Web search terms, page views, page and ad clicks, time spent on specific sites, zip code, browser info and connection speed…within this vast universe of information we create a map of interest categories, beginning with the widest definitions, auto, finance, education, what have you. But within those we can provide far greater granularity. So if you’re talking about auto, we can drill down into particular interest segments, say SUVs, luxury cars, minivans, and then even to particular brands or models. Within the interest category of travel, we can identify consumers interested in learning about Martinique, the south of France or Las Vegas.”…“ISPs have been a neglected aspect of online’s evolution over the past several years. But the fact is the depth of aggregated data they have to offer, anonymous data, is an untapped source of incredible power… The conventional approach to behavioral targeting has been to place cookies on specific Web sites or pages. We’ve gone about it in a very different way. We place an appliance in the ISP itself. Therefore we’re able to get a 360-degree, multidimensional view over a long period of time of all the pages users visit. So what we’re really talking about for the first time is a truly user-focused, though still anonymous, targeting, taking the totality of anonymous behaviors rather than just a subset of sites on a network.” Here’s what NebuAd said in a November 2007 release: “NebuAd’s rich insight into consumer interests surpasses any other behavioral targeting solution and enables NebuAd to deliver precisely targeted ads that drive substantially increased value per impression…NebuAd’s deep insight into anonymous consumer commercial interests across the Internet, combined with its ability to micro-target the most relevant ad placements, brings a new level of value for advertisers, publishers and ISPs:..ISPs, who have up to now facilitated but barely participated in online advertising opportunities, can open new revenue streams that complement advertiser and publisher objectives to maximize revenue and generate higher revenue-per-subscriber.”

Both the FTC and FCC must investigate Charter’s plan (and other ISP’s permit snopping schemes. Congress needs to hold oversight hearings as well). ISPs should not be in the business of letting online marketers have access to the rich informational personal data streams of their customers. Broadband providers such as Charter get paid handsomely already by their subscribers for connectivity (and also benefit from their monopoly status to secure lucrative `bundle’ packages from consumers). Charter, which has a checkered financial history, should not be allowed to weaken the privacy rights of U.S. consumers. Paul Allen, Charter’s chairman and the co-founder of Microsoft, should do better than this.