We continue to tell both the FTC and EU regulators that the data collected and used by Facebook for its ad targeting system must be under the control of its users. Facebook is in the process of making its advertising API available to additional marketers (it’s been working with several large global ad agencies in a trial). Here’s what Facebook says advertisers can target: countries, cities, regions, genders, college networks, work networks, age minium [“Specify a minimum age to target. If used, this must be 13 or higher.”], age maximum, education status, college years, college majors, political views [“Use 1 for LIBERAL, 2 for MODERATE and 3 for CONSERVATIVE”], relationship status [“Use 1 for SINGLE, 2 for IN_RELATIONSHIP, 3 for MARRIED and 4 for ENGAGED.”], keywords [“Keywords are matched to user profile data to better target ads for example “movies” or “cars” can be used’], interested in, radius, connections [“Connections targeting allows you to target your ads to users who have become a fan of your Page, a member of your Group, RSVP’d to your Event or authorized your Application.”], excluded connections [“Excluded connections targeting allows you to target your ads to users who have not become fans of your Page, members of your Group, RSVP’d to your Event or authorized your Application.”], friends of connections [“An array of Facebook IDs. “Friends of connections” targeting allows you to target friends of your connections. Connections are fans of your Page, users who have RSVP’d Yes or Maybe to your Event, members of your Group, and users who have interacted with your Application.”], user event.
Category: Web 2.0 & Democracy
Google, Microsoft, China, Digital Advertising and Human Rights.
It took the equivalent of a Chinese digital Watergate break-in before Google reconsidered its position on China and their anti-democratic and censorious policies. Google should never agreed to a censored version of itself in the first place. But China represents what will be the world’s number one online marketing gold mine, irresistible for those in the interactive advertising business. l hope that Google will actually withdraw from China, until democracy is assured. But meanwhile, it’s interesting to briefly explore what Google and other online marketing companies are doing in the China market, including Hong Kong.
Google’s research division in China has been investigating “”Large-scale data mining and its applications for information retrieval.” Google is still, as of today, listing job openings for its China operation. Google’s DoubleClick features its Hong Kong work (as part of its Asia Pacific focus). [It’s also important to see what kind of data collection might be done by Google’s DoubleClick Ad Exchange in that market].
But policymakers and the public should also focus on Microsoft. Microsoft has a key research lab on interactive ads based in Beijing; Microsoft Advertising has a major focus on China and online ads. Microsoft and many others research the online behaviors of Asians, including young users. Yahoo operates in China as well. Finally, U.S. online ad companies focused on data mining are opening up branches in Hong Kong, in order to better position themselves with the Asia-Pacific market.
Google’s withdrawal from China would be a model for other companies–we hope it does it. But the focus should be on how the online marketing industry at large, including ad giants such as WPP, are facilitating a system that deprives its citizens of their rights.
Online Financial Marketing, Subprime Loans, Digital Banking & Neuromarketing–Why We Need the Consumer Protection Financial Agency
How we handle our money–including credit, loans and banking–is moving online. Digital marketing of mortgages, credit cards, student loans and other financial products will become the dominant way we relate to banking and related services. The CEO of Capital One has already said that ” [A] mobile phone is just a credit card with an antenna.” So called M-commerce (mobile commerce) will be a crucial avenue where we actually apply for credit on “the fly,” so to speak, with our cell phones themselves used to buy products.  Banks and other financial companies are using Facebook, other social media, online video, Twitter, search engines and interactive online marketing techniques to sell their services to consumers. They are also using digital media in PR campaigns designed to make consumers forget about their unethical behaviors which led to the current fiscal crisis.
Financial services companies are even using so-called neuromarketing–testing messages via fMRIs, for example–to help hone their marketing messages. Neurofocus, a Nielsen backed company that helps create digital and other ads based on brainwave research, released a study earlier this year that “dived deep into test subjects subconscious minds to discover their hidden, unspoken beliefs and feelings about financial institution brands.†They “tested consumers in its laboratory to determine exactly what financial brand messages they responded to best, at the deep subconscious level of their minds, where brand perceptions, brand loyalty, and purchase intent are truly formed.â€Â Financial marketers are also using behavioral targeting online, which stealthily collects data on us for tracking and target marketing. That’s why we keep seeing ads for credit cards and other money-related products. The information gathered as we fill in forms on the Internet can be sold as part of the online lead generation business. Online lead generation played a role in the subprime debacle, as consumers provided marketers with personal information that helped trigger pitches for mortgages and other credit.
Alternet has just published my article on these issues. It can be found here.
Consumer and Privacy Groups at FTC Roundtable to Call for Decisive Agency Action
Washington, DC, December 6, 2009 – On Monday December 7, 2009, consumer representatives and privacy experts speaking at the first of three Federal Trade Commission (FTC) Exploring Privacy Roundtable Series will call on the agency to adopt new policies to protect consumer privacy in today’s digitized world. Consumer and privacy groups, as well as academics and policymakers, have increasingly looked to the FTC to ensure that Americans have control over how their information is collected and used.
The groups have asked the Commission to issue a comprehensive set of Fair Information Principles for the digital era, and to abandon its previous notice and choice model, which is not effective for consumer privacy protection.
Specifically, at the Roundtable on Monday, consumer panelists and privacy experts will call on the FTC to stop relying on industry privacy self-regulation because of its long history of failure. Last September, a number of consumer groups provided Congressional leaders and the FTC a detailed blueprint of pro-active measures designed to protect privacy, available at: http://www.democraticmedia.org/release/privacy-release-20090901.
These measures include giving individuals the right to see, have a copy of, and delete any information about them; ensuring that the use of consumer data for any credit, employment, insurance, or governmental purpose or for redlining is prohibited; and ensuring that websites should only initially collect and use data from consumers for a 24-hour period, with the exception of information categorized as sensitive, which should not be collected at all. The groups have also requested that the FTC establish a Do Not Track registry.
Quotes from Monday’s panelists:
Marc Rotenberg, EPIC: “There is an urgent need for the Federal Trade Commission to address the growing threat to consumer privacy. The Commission must hold accountable those companies that collect and use personal information. Self-regulation has clearly failed.â€
Jeff Chester, Center for Digital Democracy: “Consumers increasingly confront a sophisticated and pervasive data collection apparatus that can profile, track and target them online. The Obama FTC must quickly act to protect the privacy of Americans,including information related to their finances, health, and ethnicity.â€
Susan Grant, Consumer Federation of America: “It’s time to recognize privacy as a fundamental human right and create a public policy framework that requires that right to be respected,†said Susan Grant, Director of Consumer Protection at Consumer Federation of America. “Rather than stifling innovation, this will spur innovative ways to make the marketplace work better for consumers and businesses.â€
Pam Dixon, World Privacy Forum: “Self-regulation of commercial data brokers has been utterly ineffective to protect consumers. It’s not just bad actors who sell personal information ranging from mental health information, medical status, income, religious and ethnic status, and the like. The sale of personal information is a routine business model for many in corporate America, and neither consumers nor policymakers are aware of the amount of trafficking in personal information. It’s time to tame the wild west with laws that incorporate the principles of the Fair Credit Reporting Act to ensure transparency, accountability, and consumer control.â€
Written statements and other materials for the roundtable panelists are available at the following links:
CDD/USPIRG: http://www.democraticmedia.org/node/419
WPF: http://www.worldprivacyforum.org/pdf/WPF_Comments_FTC_110609fs.pdf
CFA: http://www.consumerfed.org/elements/www.consumerfed.org/File/5%20Myths%20about%20Online%20Behavioral%20Advertising%2011_12_09.pdf
EPIC: www.epic.org
Progress & Freedom Foundation Comes to Aid of Comcast/NBCU Deal [But Doesn’t Say it’s Funded by both Comcast and NBCU!]
Progress and Freedom Foundation’s Ken Ferree issued a press release today that, amazingly, claimed “the deal raises no general antitrust or diversity issue.” But there was not a word or mea culpa that his salary is partly paid for by PFF’s supporters Comcast, NBCU and the cable industry. Beyond the conflict question, there is also Mr. Ferree’s peculiar history with media consolidation. He was Michael Powell’s chief staffer when the FCC tried to end all the media ownership safeguards. Powell and his allies failed then to understand the complexities of the issue, which resulted in a huge public and political backlash. It appears it’s rerun time!
Comcast’s Pathetic “Public Interest” Commitments to Regulators for its NBCU Deal
Comcast released a memo this morning summarizing what it will promise regulators in order to win approval of its NBCU mega-deal with GE.  It’s a laughable document that demonstrates a cable monopolist mentality. As the country’s most powerful cable and residential broadband company, they likely feel that they don’t have to really provide a serious array of public interest commitments.  Even though the broadcasting business is in transition, and film distribution is changing, the sale of NBCU to what is arguably the dominant TV giant isn’t on its own a meaningful public interest benefit. Indeed, the recent history of media consolidation in the U.S. is one that has actually harmed the public–through cutbacks in news and public affairs, more tabloid programming and higher cable TV rates, for example.
Comcast’s memo today [available via here] says nothing on the key (and crucial) issue of network neutrality and online programming access. Nor are there any safeguards for privacy and interactive ads, meaningful concrete funding commitments for local and national news, and support for truly diverse (non-Comcast/NBCU owned) minority programming.  Today, Comcast demonstrated it’s only fit to perhaps be allowed to operate Comedy Central.
Bravo to Public Voice’s “Global Privacy Standards for a Global World” Madrid Declaration
Last week, NGO’s and activists from across the world met in Madrid Spain to discuss threats to privacy and human rights. It was part of the Public Voice’s excellent work to ensure that civil society is well represented in the debates over privacy and other digital media issues. Over 100 NGO’s, including my own CDD, were initial endorsers of the “Global Privacy Standards for a Global World” Madrid Declaration. It was well received by policy makers, including the data protection commissioner community. The all day meeting and related efforts was organized by the remarkable Katitza Rodriquez. Bravo to her and everyone involved.
The Declaration and related work at the Data Protection conference provided a much needed counter-balance to the failure of leading online companies to seriously address their data collection practices and plans.
“Cookie Wars, Real-Time Targeting, and Proprietary Self Learning Algorithms: Why the FTC Must Act Swiftly to Protect Consumer Privacy”
That’s the title of comments filed at the U.S. Federal Trade Commission by my Center for Digital Democracy and U.S. PIRG. I also just gave a presentation with the same name at last week’s meeting of data protection commissioners in Madrid, Spain.  It’s available here.
Here’s an excerpt:  Today, consumers online face the rapid growth and ever-increasing sophistication of the various techniques advertisers employ for data collection, profiling, and targeting across all online platforms. The growth of ad and other optimization services for targeting, involving real-time bidding on ad exchanges; the expansion of data collection capabilities from the largest advertising agencies (with the participation of leading digital media content and marketing companies); the increasing capabilities of mobile marketers to target users via enhanced data collection; and a disturbing growth of social media surveillance practices for targeted marketing are just a few of the developments the commission must address. But despite technical innovation and what may appear to be dramatic changes in the online data collection/profiling/targeting market, the commission must recognize that the underlying paradigm threatening consumer privacy online has been constant since the early 1990’s. So-called “one-to-one marketing,†where advertisers collect as much as possible on individual consumers so they can be targeted online, remains the fundamental approach.
Huffington Post CEO Opposes Consumer Privacy Safeguards [HuffPost CEO Eric Hippeau Doesn’t Get Privacy]
File this under “we aren’t concerned about the public interest when it may affect our bottom line.” At yesterday’s Web 2.0 Summit conference, a panel on the future of news included representatives from HuffPo, Google, the NYT and others. When a question was asked from the audience about behavioral targeting, here’s what Huffington Post CEO Eric Hippeau said [according to the WSJ]:
“it’s much ado about nothing. “I’d much rather see an ad I’m interested in,†he says. Efforts at regulation are made by people who “don’t get it.â€
Shame on Mr. Hippeau.  Perhaps he opposes protecting consumer privacy because it would be inconvenient while his company expands its online ad targeting business. HuffPost uses a range of online data collection and targeting tools, including Pubmatic for ad optimization, and Admeld. It uses Time Warner’s behavioral targeting subsidiary Tacoda [advertising.com] and also Google’s DoubleClick service. Here’s an excerpt from HuffPost’s privacy policy:
Neuromarketing Hollywood style [inc. Fox!]: “This allows our clients to see what their audience is seeing and feeling, not what they say they’re seeing and feeling”
The intrepid Variety columnist Brian Lowry took readers on a tour of a neuromarketing outfit that works for show-biz companies, among others. Here’s a excerpt:
Innerscope Research was birthed just three years ago, but the company has already found various entertainment and advertising clients for its biometric research, which employs eye-tracking technology as well as EKG monitors to gauge subconscious response along four key criteria: heart rate, breathing, moisture levels (or sweat) and movement.
“It’s very hard for people to accurately reflect their internal world,” says Innerscope CEO Carl Marci, noting that 75% of brain processing “is below conscious awareness.”…they have notched a number of entertainment clients looking to augment traditional research, including Fox, NBC and Discovery, along with a growing number of advertisers…Biometrics thus provides a diagnostic tool, able to pinpoint physical reactions to specific moments that the viewer might not even realize…Innerscope’s findings have included the revelation that people exhibit emotional responses as they fast-forward through commercial pods, meaning that ads are still registering to those viewing via TiVo or another digital video recorder. The company can also pinpoint whether a movie trailer, say, is generating the sort of “emotional engagement” that marketers hope to achieve.
“This allows our clients to see what their audience is seeing and feeling, not what they say they’re seeing and feeling,” Marci explains [Innerscope CEO Carl Marci].
source: The future of focus group testing/This test gets under your skin. Brian Lowry. Variety. October 5-11, 2009,