Category: FTC

Behavioral Targeting: Identifying "Individual" Consumers

Here’s something we’ve read aloud to policymakers and others this week. “However, what makes recent developments in behavioral targeting so exciting is that marketers are now better able to identify individual customers based on their expressed (and unexpressed) interests and desires just by watching them as they visit web sites and do what it is they do.”

from: Fishing From a Barrel: Using Behavioral Targeting to Reach the Right People With the Right Ads at the Right Time. Rob Graham. Learningcraft Press. 2006.

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Google Buys DC Access: Adds Lobbyists with Connections

excerpt: “Google expanded its Washington staff to 13, including five lobbyists, and then scored a victory this week with the hiring of its sixth: Johanna Shelton, senior counsel for telecommunications and the Internet to Representative John Dingell. Dingell, a Michigan Democrat, is chairman of the House Energy and Commerce Committee, which oversees media, telephone and Internet issues….The company last week retained outside lobbyist Makan Delrahim, former deputy assistant attorney general in the Justice Department’s antitrust division, to help win approval. Former Republican Senators Dan Coats and Connie Mack, both partners in the Washington law firm King & Spaulding, began lobbying for Google last year, as did the mostly Democratic Podesta Group. Google staffers include Republican lobbyist Jamie Brown, a former Bush aide whose job included lobbying senators on the confirmations of Supreme Court Justices John G. Roberts and Samuel Alito; and Democrat Robert Boorstin, a former speechwriter for Clinton on national security issues.”

via Bloomberg news

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Google’s Feedburner: Data-Driven (and Big Brand Friendly)

From Mediaweek (excerpt): “Google said that it has reached an agreement to acquire FeedBurner, a Chicago, Ill.-based company that provides a host of RSS feed services for publishers, including the delivery of contextually targeting advertising to RSS readers…Feedburner, launched in 2004, manages thousands of RSS feeds for publishers like Dow Jones as well as dozens of bloggers…Recently, the company launched AdClimate, a product that is designed to make RSS advertising more palatable to mainstream brands by letting them prevent their ads from appearing alongside any objectionable language that appears within an RSS feed…While RSS advertising is still a verdant market, this acquisition also provides Google access to a wealth of information on the habits of RSS users, something that likely made the startup firm that much more attractive to the search giant. In a statement on an official company blog on June 1, officials insisted that Google will protect the privacy of Feedburner users, and instead emphasized the advertising potential of RSS. “…We think we can create opportunities for advertisers to reach their target audiences while maintaining a high quality user experience.”

Source:”Google Nets RSS Provider FeedBurner.” Mike Shields. Mediaweek. June 1, 2007.

PS: Here’s what Feedburner wrote about AdClimate on April 26, 2007 (excerpt):

“Warm Up To a Protected Advertising Climate

Today we announce AdClimate, a new feature of the formidable FeedBurner ad server for blogs and RSS feeds. AdClimate gives marketers and advertisers the power to suppress their ads from being served into content they might deem questionable… In addition to screening a multi-language default list of inappropriate language, advertisers can submit their own list of keywords next to which they don’t want their ad to appear…

In the world of distributed media, brands need to be protected which is why the AdClimate concept has been met with very positive feedback from agency execs across the land.”

And via ClickZ: “The acquisition will give Google access to FeedBurner’s network of 431,171 current publishers to add to its AdSense network…”

Also from Online Media Daily: “FeedBurner has created an effective set of tools,” said Susan Wojcicki, Google’s vice president of product management. In addition to the basic distribution, it offers strong analytics, promotion and monetization capabilities…The deal will give Google AdSense advertisers access to this new inventory… The idea is to integrate FeedBurner publishers deeply into AdSense and to create a highly integrated analytics package tying FeedBurner stats into Google Analytics, Wojcicki said.”

Google Hires former Bush and Hill Official to Lobby for its Merger

As part of its lobbying effort to secure FTC approval of its dramatic expansion, Google has hired a former Deputy Assistant Attorney-General for the Antitrust Division. Makan Delrahim, who served at the DoJ from 2003-2005, helped oversee the DoJ’s work work with international antitrust agencies. Among his duties was to chair “the Merger Working Group of the International Competition Network, the recently created virtual network of antitrust enforcers to develop better global coordination and cooperation of competition law enforcement.” Mr. Delrahim’s also worked as Chief Counsel for the Senate Judiciary Committee under Sen. Orin Hatch. One assumes Google wants to use Mr. Delrahim’s contacts at the FTC and at the European Commission to head-off what should be serious opposition to its take-over of Doubleclick. According to press reports, the new lobbyist has, of course, no qualms about the deal. Bloomberg reports Mr. Delrahim said that “[U]ltimately this is a very robust, dynamic industry. The combination of the two companies will only help create a more efficient system for the online advertising world.” Mr. Delrahim is now in private practice at Brownstein Hyatt Farber Schreck.


We have reached a crucial transition period for digital communications and commerce in what should be a global democratic era. It’s too convenient a rationalization to claim that because your mission is to “organize the world’s information and make it universally accessible and useful” you can ignore concerns about user data protection, consumer autonomy, competition, and related civil society issues.

Google Data on Users Increasing, notes its May 2007 SEC 10 QA

As we consider the various data sets Google now has, in the light of its expansion via the Doubleclick acquisition, it’s useful to reflect on a statement from its May 10, 2007 10 Q filing. The key excerpt, in our opinion, is its discussion on “privacy concerns” and its business (my bold): “In addition, as nearly all of our products and services are web based, the amount of data we store for our users on our servers (including personal information) has been increasing.”

As increasingly with Google, more is unsaid about what the real issues are than stated candidly. Here’s the complete section from the SEC filing regarding privacy: “Privacy concerns relating to our technology could damage our reputation and deter current and potential users from using our products and services.

From time to time, concerns have been expressed about whether our products and services compromise the privacy of users and others. Concerns about our practices with regard to the collection, use, disclosure or security of personal information or other privacy-related matters, even if unfounded, could damage our reputation and operating results. While we strive to comply with all applicable data protection laws and regulations, as well as our own posted privacy policies, any failure or perceived failure to comply may result in proceedings or actions against us by government entities or others, which could potentially have an adverse affect on our business.

In addition, as nearly all of our products and services are web based, the amount of data we store for our users on our servers (including personal information) has been increasing. Any systems failure or compromise of our security that results in the release of our users’ data could seriously limit the adoption of our products and services as well as harm our reputation and brand and, therefore, our business. We may also need to expend significant resources to protect against security breaches. The risk that these types of events could seriously harm our business is likely to increase as we expand the number of web based products and services we offer as well as increase the number of countries where we operate.

A large number of legislative proposals pending before the United States Congress, various state legislative bodies and foreign governments concern data protection. In addition, the interpretation and application of data protection laws in Europe and elsewhere are still uncertain and in flux. It is possible that these laws may be interpreted and applied in a manner that is inconsistent with our data practices. If so, in addition to the possibility of fines, this could result in an order requiring that we change our data practices, which could have a material effect on our business. Complying with these various laws could cause us to incur substantial costs or require us to change our business practices in a manner adverse to our business. ”

GOOGLE INC. (GOOG) 10-Q/A filed 5/10/2007

Use of Cookies for Data Collection & Tracking on Rise

Former FTC Commissioner Christine Varney (now with Hogan & Hartson) and Alan Chapell (President, Chapell & Associates) were interviewed for this Marketing Sherpa piece on privacy and data collection. The headline, we believe, from the piece is that “merchants are collecting anonymous cookie data at an increasing rate in five out of seven retail categories this year compared to 2006, according to recent MarketingSherpa data.” [my bold]

Vaney’s perspectives in the piece are worth running here: “The biggest difference today is marketers’ ability to deliver targeted behavioral ads to consumers without collecting personally identifiable information, says Christine Varney, who served as a Federal Trade Commission in the Clinton administration and is now a Partner with Hogan & Hartson, where she counsels brands, such as eBay, MySpace, Zango, DoubleClick and AOL.

“You need to deliver targeted ads in a privacy-friendly matter,” says Varney. “The good news is that marketers are getting smarter about their tactics. The bad news is that people are still screwing up and not being as straightforward as they need to be about what information they are collecting.”

The Online Data Collection & Targeting Economy: Price Increases Will Affect Reach and Content Diversity

We suggest that the Google takeover of Doubleclick, Microsoft’s aQuantive deal, and related acquisitions will have important ramifications to competition and civil society. Powerful business economics will shape the online medium (mobile, PC, IPTV), potentially diminishing content diversity. We are especially concerned about the future of political campaigns, as one’s ability to access voters and inform the public will be determined–as with TV today–but one’s deep pocketbook. So we find this quote from a Wharton economics professor of interest: “Xavier Drèze, a marketing professor at Wharton, suggests that online advertising prices could increase due to better targeting. “The more targeted the ads, the more valuable they are.”

The Wharton piece goes on, citing a recent report by Susquehanna Financial Group analyst Marianne Wolk.

“Behavioral targeting makes inventory available for sale based on the value of a web site’s audience, generally outstripping the value of the content on a page,” Wolk writes. “Behavioral advertising enables marketers to reach beyond keywords and impressions to the audience segments behind them.”

The Wharton article explains that “[]If Wolk’s assessment plays out, advertisers are likely to have a variety of media to spur behavior. For instance, a television ad could elicit an emotional response from a consumer that then prompts him or her to do a search and ultimately make a purchase. The big difference in the brave new world of advertising is that all of these moves would be tracked.

Drive that Behavioral Targeting, As Microsoft Acquires aQuantive

One of the features Microsoft is acquiring in its aQuantive purchase is Drive PM. They plan to use DrivePM to add targeting functionality to its ad network business. This will further the role that behavioral targeting plays with Microsoft and others. Here’s an excerpt from its website:

“For any online targeting service to be “worth its salt,” it must be able to target on multiple relevant variables. DRIVE has gathered an impressive list of targeting variables to which it is continually adding, which include:

    • Behavioral variables:
      • Client site visits/conversions
      • Email/newsletter list membership
      • User interest category (new!)
    • Demographic/psychographic variables:
      • Geography
      • Prizmâ„¢ Cluster
      • Day part/day of week
      • Gender
      • At work/at home
    • “Technical” variables:
      • Connection speed
      • Browser/OS
      • ISP/domain”

Important to Understand How New Media Merger Deals Reflecting Changing Nature of Search, Ads, and Data Collection

We think this excerpt from Advertising Age [sub. required] on Microsoft’s recent summit for marketers illustrates where search engines are headed (and how it reflects the converging search, rich media, video and display ad markets):

“You’re in a Microsoft Windows’ Live search-results page after querying “Land Rover,” you mouse over an icon next to the sponsored results and suddenly you’re careening into what in another more offline world would be called a glossy print ad or a detailed brochure.

Want to see the fine print? Just scroll in deeper. Want to see what radio station the car’s audio system is tuned to? Zoom in infinitely until you can read the micro call letters on the stereo display. This technology is called Seadragon and will allow advertisers to push tons of extra data and images to searchers, a big improvement over today’s unsophisticated text ads.”

From: “MSN’s Online-Ad Plan: Let the Web Evolve.” Abbey Klaasen. Advertising Age. May 11, 2007

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Microsoft’s Expanding Data Reach: We Will Know You

excerpt from New Scientist, May 16, 2007: “IF YOU thought you could protect your privacy on the web by lying about your personal details, think again. In online communities at least, entering fake details such as a bogus name or age may no longer prevent others from working out exactly who you are.

That is the spectre raised by new research conducted by Microsoft. The computing giant is developing software that could accurately guess your name, age, gender and potentially even your location, by analysing telltale patterns in your web browsing history… Previous studies show there are strong correlations between the sites that people visit and their personal characteristics, says software engineer Jian Hu from Microsoft’s research lab in Beijing, China…
Hu’s colleague Hua-Jun Zeng says the software could get its raw information from a number of sources, including a new type of “cookie” program that records the pages visited. Alternatively, it could use your PC’s own cache of web pages, or proxy servers could maintain records of sites visited. So far it can only guess gender and age with any accuracy, but the team say they expect to be able to “refine the profiles which contain bogus demographic information”, and one day predict your occupation, level of qualifications, and perhaps your location. “Because of its hierarchical structure – language, country, region, city – we may need to design algorithms to better discriminate between user locations,” Zeng says.”

“New software can identify you from your online habits.” Paul Marks. New Scientist.  May 16, 2007