Category: media lobbying

Google, Comcast, Verizon, AT&T and Time Warner in coalition to fight state-based public interest and consumer protection issues

Scratch a media conglomerate–old or new–and you reveal a political agenda that is all about the aggrandizement of power–consumer and data privacy be damned. Here’s are excerpts from a Kate Kaye story on the roll-out of the state-based coalition designed to protect the interests of the online advertising industry.

“From California to Utah to New York, state legislators regularly propose laws with major implications for the online ad industry. A once-loose collective of companies including Google, Yahoo, AOL and eBay finally incorporated officially this year after four years of collaborating to influence state policy.

The most recent target of the State Privacy and Security Coalition’s efforts is New York Assemblyman Richard Brodsky, sponsor of a bill preventing third parties from using sensitive personally identifiable information for behavioral ad targeting.

The coalition doesn’t like it. A missive sent to the legislator April 7 by the coalition’s lead counsel calls the bill “unnecessary,” and “most likely unconstitutional.”…Jim Halpert, partner in the communications, e-commerce and privacy practice at law firm DLA Piper, penned that letter. As head counsel for the coalition, he also recently facilitated its incorporation.

“There’s much more state activity than federal activity,” said Halpert. Not only does that create more laws or proposed laws to deal with; the state process moves much faster.

According to Halpert, the coalition also includes Verizon, AT&T, Comcast, and organizations such as the Internet Alliance and tech trade association AeA, formerly the American Electronics Association. With Halpert at the helm, coalition members conduct weekly phone calls, and sometimes meet in-person with other members or with state lawmakers to influence legislation involving online privacy and data security, Internet advertising, online child safety, content liability, spam, spyware, and taxation…

“We see the coalition’s role as helping state legislatures understand the technology policy area. I think we all recognize the technology environment can be complicated,” said Adam Kovacevich, Google’s senior manager, global communications and public affairs. Google Director of State Public Policy John Burchett is the firm’s primary liaison to the coalition.”

source: Google, AOL and others make state policy coalition official. Kate Kaye. clickz.com. April 14, 2008

Interactive Advertising Bureau opposes bill that would fight Internet censorship and governmental eavesdropping

On its public policy blog, the IAB proclaims its opposition to HR 275, the Global Online Freedom Act. The bill:
[excerpt of summary] “Declares that it is U.S. policy to: (1) promote the freedom to seek, receive, and impart information and ideas through any media; (2) use all appropriate instruments of U.S. influence to support the free flow of information; and (3) deter U.S. businesses from cooperating with Internet-restricting countries in effecting online censorship. Expresses the sense of Congress that: (1) the President should seek international agreements to protect Internet freedom; and (2) some U.S. businesses, in assisting foreign governments to restrict online access to U.S.-supported websites and government reports, are working contrary to U.S. foreign policy interests… Directs the President to annually designate Internet-restricting countries. Prohibits U.S. businesses from locating, within such countries, any electronic communication that contains any personally identifiable information. Prohibits U.S. businesses that collect or obtain personally identifiable information through the Internet from providing that information to Internet-restricting countries, except for legitimate foreign law enforcement purposes. Requires U.S. businesses to report certain Internet censorship information involving Internet-restricting countries to the OGIF. Prohibits U.S. businesses that maintain Internet content hosting services from jamming of U.S.-supported websites or U.S.-supported content in Internet-restricting countries.”

Here’s what the IAB–the online ad industry trade group that includes the New York Times, Washington Post, Google, Yahoo, News Corp., NBC, Yahoo, and many others– said in the letter it sent to Congress (that was signed by other groups as well) [excerpt]:
“Despite the good intentions behind the Global Online Freedom Act, we are very concerned that the legislation would actually undermine the stated goal of the bill by effectively limiting the legitimate business activities of U.S. companies in parts of the world. Such restrictions on U.S. participation in global Internet operations would have the effect of limiting the very means of free speech and communication the legislation intends to protect. One example of the practical problems associated with the bill is that it could prohibit U.S. companies from maintaining certain customer information on a computer in any number of foreign countries. As indicated by the range and number of associations represented as signatories to this letter, we believe that this bill would have a negative impact on a diverse and broad range of United States businesses.”
Call it IAB’s `freedom to promote interactive marketing in China despite the human rights consequences Act!’

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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IAB’s new “Privacy Principles”=A Failure to Protect Consumer Privacy

The IAB has embraced a `circle the data collection and micro-targeting digital wagon’s’ with its new privacy principles. Instead of embracing a policy that truly protects consumer privacy, IAB members are trying to hide behind the same failed approach they have led to governmental inquiries in the US and the EU. The IAB should have adopted rules so that no data can be collected without full disclosure and prior consent of the consumer, as well as other fair information collection principles. The IAB’s proposed new PR campaign to promote the role of interactive marketing will undoubtedly by slick–but won’t be honest. That’s why my CDD will keep telling the FTC, the EU and the public about what really goes on with data collection and digital marketing. These slightly refurbished fox-watching-the-data-hen-house-privacy principles won’t provide any substantive protections for consumers. The failure of the IAB to acknowledge key issues related to sensitive data–including children, teens, financial (think subprime mortgage-related) and health–is a glaring failure of the group’s ability to do what is required to protect consumer privacy.

The IAB is trying to help its members dodge the digital privacy data bullet. But privacy advocates and officials concerned about consumer welfare in the digital age will eventually force the needed changes. What’s sad is that instead of playing a leadership role in the privacy debate, the IAB is attempting to stick with the past. Don’t they realize that change is coming?

Microsoft/Yahoo! privacy & merger watch: Yahoo! is "largest behavioral targeting network" according to its Blue Lithium subsidiary

Yesterday, the behavioral targeting firm and Yahoo! subsidiary Blue Lithium gave a lunch time presentation at the OMMA Behavioral Targeting conference. The Yahoo!/Blue Lithium representatives discussed how “Yahoo! was the largest behavioral targeting network,” even prior to its acquisition of Blue Lithium. They talked about the “amount of knowledge we have about users,” including the “deep information” on its “hundreds of millions” of users. Yahoo!, they claimed, had a treasure trove of user data for its targeting “engine,” including search clicks, page views, ad views, and clicks. Yahoo!, they explained, “has spent time and money” to build an ad targeting system that can use all this data, with 400 distinct “categories and models.” Yahoo! has “scale” and “unprecedented reach.” They made a point of noting that [for now], Google doesn’t use behavioral targeting. The representatives also boosted about Blue Lithium’s retargeting capabilities, and that they can target with “specific messages,” and “identify the people that clicked.”  The retargeting is followed up with a “call to action” they noted.

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Microsoft/Yahoo! combination would create a "dominant player in display ads"

From the UK’s New Media Age online ad trade (excerpt). It underscorses for us the failure of regulators to address both the competition and privacy issues (let alone consequences for digital media content diversity): “A merger in the wake of Microsoft’s proposed $44.6bn (£22.7bn) takeover, could create a dominant display provider to match Google’s dominance of the search market…A combined Microsoft-Yahoo! could reach as much as 81.5% of the total worldwide audience…

“I think it would consolidate a position as the dominant leader in display advertising, in the same way that Google is the head-and-shoulders leader in search’ [said Caroline McGuckian, global head of media at LBi.]…Media agencies have largely welcomed the takeover as a boost to the display ad market, particularly behavioural targeting. It’s also seen as bringing welcome competition to Google’s dominance of online.”

source: “Microsoft-Yahoo! Would Be Display Ad Leader.” Danielle Long. NMA. 07.02.08 [sub. required]/

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Google & Microsoft’s Antitrust Teams: the Digitally Well-Connected

Who will represent the interests of the public as Google and Microsoft (and others) scoop up large chunks of the digital eco-system? Here’s an excerpt from Legal Times [“Microsoft Lawyers Map out the Bid for Yahoo.” Feb. 11, 2008. reg. required] on the former federal antitrust officials working for Google and Microsoft:


“Google does have a team of veterans representing its interests in the Yahoo bid. David Gelfand, a Washington antitrust partner at Cleary Gottlieb, and Susan Creighton, Washington antitrust co-chair at Wilson Sonsini, both helped Google get its merger with DoubleClick past federal regulators at the Federal Trade Commission last year. And Creighton was director of the Bureau of Competition at the FTC before joining Wilson Sonsini in 2006.

Microsoft, too, has a connected advocate in [Charles] Rule. When he goes to the Justice Department, he won’t need introductions. Rule worked with Thomas Barnett, the head of the Antitrust Division, while the two were partners at Covington & Burling. Rule has also worked with Barnett’s deputies. David Meyer, now deputy assistant attorney general for civil enforcement, served as Rule’s special assistant in the Antitrust Division in the late ’80s and then worked with him at Covington. (Skadden partners Michael Weiner in New York and James Venit in Brussels, are representing Yahoo on antitrust matters.)”

Microsoft’s quest for Yahoo!—Follow (Your!) Data…or Hi, Ho, Hi, Ho, it’s off to harvest your data we go

We will be covering the proposed takeover, from both the online advertising business and privacy side. Here’s a revealing tidbit from BusinessWeek on what Microsoft hopes to achieve from a deal: “What’s more, the company is hoping to bring together Yahoo’s research and development staff, who’ve done innovative work in online advertising auction theory and data-mining, with its own online lab.”

Yes, a key to analyzing this deal–if it happens–is what are the consequences when Microsoft’s adCenter merges with Yahoo!’s Panama and other data mining assets. That’s why it’s important to keep a spotlight on what Google and Microsoft, among others, plan to do. Here’s an example of where we are headed, courtesy of Microsoft’s adLab demonstration this week [via Clickz]: “Online advertising has been centered around keywords for too long,” said Tarek Najm, an engineer for Microsoft’s advertising and business intelligence systems, adding the “next wave of advertising is going to use new algorithms and technologies” that display ads based on consumer intent.”

Microsoft’s Digital Ad Vision: Part 2

From this week’s Microsoft’s “Strategic Update [Feb. 4, 2008]. Excerpt:

“Advertising is a key part of a number of the opportunities that I talked about, and the key probably right now for us to continue to grow our advertising footprint starts with what we’re doing with search and portal. We have made good progress in that business. It is growing. Since our start four years ago, we now have what I would call a very credible search product, a very credible advertising platform. We’ve got good trajectory. This was, in some senses, the best time for us to ask ourselves, what else can we do to make ourselves even more effective in this business?
And in a sense, the fact that we’re in a stronger position now than we were 12 months ago actually makes this an easier acquisition to consider, even though, as I said in my letter to Jerry Yang, we did have discussions a year ago with Yahoo! about combining the businesses. People say, what are you doing here? Well, what we’re trying to do is take some momentum that we have and ask, how do we really increase that momentum even further? What else can we do?
And the truth is, either on our own efforts or, hopefully, now that we’ve proposed this acquisition, on our efforts merged together with Yahoo!, there are really four things we get a chance to work on. First and foremost is to expand our R&D capacity. We’re going to have to innovate like crazy to get the position want to have in this market. We’re going to have to innovate in the ad platform. We’re going to have to innovate in core search. We’re going to have to invest in new, emerging user experiences —mobile, social media, video, entertainment experience. We need the R&D capability to really compete with the market leader.
We continue to hire people and transfer people. But in fact, bringing together Microsoft and Yahoo! will allow us, because of the fantastic engineering talent both at Yahoo! and at Microsoft, we get more capacity more quickly. We get a chance to not have to think so much about how do we not use the capacity we have, but how do we deploy this incredible team to make sure that we’re doing everything and more that the market leader might be doing?”