Randall Rothenberg of the IAB cries digital wolf

Mr. Rothenberg, head of the trade group that represents interactive marketers, is in a tizzy because privacy, consumer advocates, and some lawmakers in the U.S. and EU advocate public policies that would empower citizens and consumers to have greater control over their data. Groups such as my CDD also want online marketers to inform users about the range and intent of data collection taking place. Anyone who has studied the online ad industry and is following it should be disturbed by many of its developments and directions.

There needs to be a serious and honest debate about all this–and rules enacted to protect the public. As more people realize the dimensions of the interactive marketing system and its implications, there will be a raising protest. We expect that when the EU’s Article 29 Working Party, made up of data privacy commissioners, issues its report on behavioral targeting, it will be an informed and thoughtful discussion of what must be done. Given the henny-penny approach Mr. Rothenberg has embraced to fight off consumer protection safeguards, we assume he will ask Congress to formally break diplomatic relations with `old’ Europe!

This is a serious issue, with ramifications affecting consumer welfare in a number of areas, including information they receive about pharmaceutical products, personal finances (such as mortgages) and with our children and adolescents. As I’ve said, we recognize the vital importance of advertising for the online medium. But it must be transparent, respect privacy, and operate fairly. The global digital ecosystem must evolve, as much as possible, in the most open and democratic manner.

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Google/Yahoo or Microsoft/Yahoo!–either way, antitrust issues for the Asian online ad marketplace

In addition to North America and the EU, any combination (or alliance) raises serious marketplace competition questions. One area that will require attention is the growing Asian digital media market. Here’s an excerpt on the search engine related market:

“…a huge factor on who wins the search engine war in Asia hinges on search engines’ ability to develop business relationships that would help both parties leverage their capabilities and offer the appropriate services…We are already seeing such partnerships beng forged between large telecommunications companies and search engine providers across Asia.

A case in point is Yahoo, which has made great strides in developing strong relationships with mobile carriers in the Asia Pacific region. In China, Google and its formidable rival Baidu, are partnering up with large telcos such as China Unicom and China Telecom. In addition to relations with the telcos, search engines are reaching out to mobile phone manufacturers to provide search engine solutions.

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Former journalist and now online ad industry lobbyist Randall Rothenberg, in a BusinessWeek commentary, suggests that the call for privacy rules ensuring individuals have control over their data will undermine the Internet. You would think a Madison Ave. trade group could craft more creative PR copy. But the online ad industry’s position is indefensible, since they built a system based on the harvesting of our information without believing they would need to get our permission first. The IAB board should realize it has embarked on a very dangerous campaign here that will undermine credibility for many marketers. Here’s my response submitted to BusinessWeek:
Mr. Rothenberg, as head of the interactive ad trade group lobbying against the call from consumer groups for the government to protect personal privacy online, fails to address the central question regarding online advertising. The call for regulation is designed to ensure individuals control their data while on the Internet or using their mobile phones—not companies such as Google, Microsoft, and AOL. Public interest groups are not opposed to interactive marketing: indeed, we recognize it as a key source of funds for online publishing. But Mr. Rothenberg’s members have created a commercial surveillance system that rivals the NSA—tracking and analyzing our every move while on the Internet, all so we can be encouraged to behave favorably to some marketing message. Responsible ad industry leaders will seriously address the privacy threats created by the interactive marketing apparatus—and not hide behind self-serving claims that unless our privacy is lost, we won’t have a robust digital medium.

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Microsoft-Yahoo/Google-Yahoo M&A: More data about you for targeting

excerpt from Abbey Klaassen of Ad Age’s interview with media execs, including Augustine Fou, senior VP-digital strategy at MRM Worldwide and Nathan Woodman, VP-strategic development at Havas Digital:

MR. FOU: Yahoo has a lot more personal information through its other services for which you registered. So they can cross-target with demographic information … and because Google doesn’t have similar information, Yahoo actually has better proprietary data at this point in time…

MR. KILKES: The power of optimization is that you can test all that stuff. We’ve seen that Yahoo’s registration offering leads to much more engaged audiences vs. what we have see through, say, a Google gadget. That leads us to believe that combining registration data with behavioral is just narrowing the funnel a lot more efficiently for us.”

from: So Much Info, so Much to Test Out. Ad Age. Aril 14, 2008 [sub required]

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just an excerpt, for the record:

Gopi Kallayil, who leads Google’s AdSense marketing team, which works with Internet publishers, says CMOs now have a tremendous opportunity to communicate with and influence audiences by leveraging Internet marketing.

“The Internet gives advertisers the opportunity to build “mind share” more effectively, by targeting the right context at the right time, ensuring their messages are relevant to the people they are trying to reach,” Kallayil says. “Advertising networks have proven very effective in building brand awareness and generating demand. In addition, the Internet gives marketers more precise, measurable accountability for their ad spending than does traditional media. Demand fulfillment has never been more accurately measured.”

Large and small companies are able to use new media to engage in what Kallayil calls “mass micromarketing.” Marketers can use the Internet to target specific, well-defined audience segments, yet also reach a large audience, scaling many markets. By using the Google network, Kallayil contends, advertisers could reach 80% of the estimated 1 billion people around the world who use the Internet.”

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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

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