Alain Heureux, IAB Europe, and the Battle Over Online Marketing and Privacy: Worried about Article 29 Working Party and Calls for Regulation

We recently met Mr. Heureux in Brussels at a EU conference on consumers in the digital age.  He is a most capable representative of the European online advertising industry.  But Alain’s job is also to help prevent the enactment of privacy safeguards that would protect European consumers and citizens when they use digital and interactive media.  Here are excerpts from a recent article on Mr. Heureux in New Media Age [26 March 2009]:

In the battle to protect online advertising from intervention by politicians, Alain Heureux is on the front line. The president and CEO of IAB Europe spends half his time on what he calls public affairs, concentrating on the regulatory agenda in Brussels.  “The three main concerns are privacy, targeting and social media, and all the links between…“We’re very worried,” he admits. “At the moment, the revenues from targeting and profiling are not so big, so if you damage them you might not damage the entire industry immediately. But marketers want to move away from traditional techniques to targeted, efficient forms of marketing, and that shift can only happen with the use of technology and data. So there is a risk of damaging the future of marketing and media.”

Heureux’s concerns include the Article 29 working party which, although it has no power to introduce legislation, carries considerable weight in Brussels. It’s currently working on a paper which would define a person’s IP address as personal data, making it subject to the same data protection regime as other personal information. He’s also worried about the upcoming EU elections, wondering if one of the current commissioners might campaign on a privacy and data protection platform.

“Someone could position themselves as the messiah of data protection,” he says. “You’d get a lot of sympathy from consumers’ associations and citizens who are a little bit scared about all this data stuff, so it would be easy to take that great role and use it politically. That’s why these elections are dangerous, the threat is very much present.”…

Heureux takes the view that the only way to stop regulators passing new laws is for the industry to regulate itself. And while he acknowledges that Brussels is open to the idea of self-regulation, he sees one of his biggest problems as managing its expectations.

“Regulatory affairs take time, but the regulator wants everything now, not in a year’s time.” …“We need to create room for self-regulation but I’m worried about who will take care of enforcement. It’s not clear that the SROs [self-regulator organizations] will do it, because they’re under-resourced and under-funded, so it won’t be easy to extend self-regulation to include new techniques and practices.”

Despite these concerns, Heureux acknowledges with a smile that the current economic situation is helping the cause of self-regulation. He sees companies becoming more pragmatic and open to compromise with their competitors, while regulators are more concerned about the effect of new legislation on jobs and business.

Google Tells Advertisers it has the “Largest Global Network” for “Pinpoint targeting”

Google says that in the Ad Age Ad Networks and Exchanges Guide.  Here are some excerpts:

The Google Content Network can efficiently and effectively meet your advertising needs. Not only do we have the largest global network,1 but our product and engineering teams have developed a range of solutions—from contextual targeting to real-time reporting—that help you and your clients create, launch and optimize campaigns that deliver results.

Connect with your audience, large or small
  • Consumer behavior is shifting toward niche sites.3 With sites spanning broad and premium niche, the Content Network gives you access to hundreds of thousands of sites and millions of consumers.
  • Select your audience based on their interests—whether they’re sports enthusiasts or social activists—and our targeting technology will find them across the Content Network.
  • We give users the ability to edit the interests we think they have, providing a new level of transparency for users and better targeting for you…Broad reach. Pinpoint targeting. Efficient prices. Better ROI. The Google Content Network…

    Network Reach

    As the largest ad network in the world, and fourth largest in the U.S., the Google Content Network reaches 75 percent of international Internet users and 76 percent of the U.S. online audience.*
    *Source: comScore, February 2009

“Microtargeting at scale”–a look at one Behavioral Targeting Online Ad Network

We urge everyone, including the FTC and Congress, to review Ad Age’s “Ad Network & Exchange” guide published on April 20, 2009.  Much of it is online.  Here’s an except from Tribal Fusion:

We offer:

  • Vertical expertise
  • Deep customer insights
  • Comprehensive targeting tools…Tribal Fusion works with a broad array of data sources to provide a true 360º consumer view. We aggregate data to pinpoint interests, past actions and likely future behaviors. This enables each campaign to get smarter over time, informing clients about which data points are making consumers convert.
    Microtargeting at scale

    Tribal Fusion can deliver personalized messaging to multiple niche audiences on an exceptional scale, combining consumer understanding with comprehensive targeting technologies and dynamic creative. The content of a single ad unit can be tailored by the geography, demographics and lifestyle of individual viewers, producing thousands of personalized ads in real time. Ad units with dynamic copy can perform six to seven times better than static ads.

A Mobile Marketer explains how they build a profile, including operator, geographic, demographic, search query data [Annals of Mobile Marketing]

Here’s an excerpt from an video interview we transcribed with Paran Johar, CMO of Jumptap (a mobile marketing company).  The interview was done at the Mobile World Congress, Barcelona 16-19 February, 2009:

“Journalist: You have a lot of intelligence built in to your engines in the back. How is that working together? How far down can you deep-dive in the targeting? How granular can you get?
PJ: Number one; Targeting is only important as long as you have scale and reach. So we need to kind of frame that out. Number two; we take inputs from various sources. So, we take operator data, whatever they want to pass to us, they can pass us. Certainly with AT&T we get geographic data from them, in some cases we get demographic data, we get search word query data, whether we are the search engine or if it is Google, Yahoo or Microsoft, that can get passed to us, contextual data and behavioral data. We take all that together and we score it, build a taxonomy to build a profile that will serve a relevant ad. We believe mobile phone is the most personal devices…
Journalist: … How much of an issue is the analytics now and are you positive and upbeat now that you feel that maybe mobile operators are getting their head around this to deliver it?
PJ: That’s a great point. A couple of things with the GSMA-Comscore UK trials. Number one, was absolutely wonderful that it fostered collaboration among operators for various audience segments. Number two, it was wonderful that they looked beyond just geographic, demographic, but they also include behavioral profiles in terms of their audience assessment. I also think it is very interesting that they are moving forward without actually being able to monetize this and building a platform so advertisers can participate in this. I think from a metric standpoint, the next thing that we are gonna look for is really standardization of post clip metrics and how to integrate that into
advertising campaigns.
Journalist: That’s an interesting idea. How do you envision that? How should it be?
PJ: It gets a little complicated but it shouldn’t be. In it’s simplest form you just have post-click, like a click to action. You click on the ad unit, you perform some action and it calls a pixel and you register that. But with mobile you obviously have different actions that can occur. It could be click to a map, it could be click to call, click to SMS. How do you track those actions? How do you then integrate them into a reporting structure, which is key. And we are building the tools to make it easy for media planners, agencies and clients to actually track all their actions holistically and then optimize their campaigns so that they are reaching their maximum ROI.”

IAB UK’s “Good Practice Principles” on Behavioural Targeting: Alice in Wonderland Meets Online Data Collection

Last week in Brussels at a EU Consumers Summit, Google and other interactive ad companies pointed to the new Interactive Advertising Bureau/UK “Good Practice Principles for online behavioural advertising” as a model for meaningful self-regulation.  The companies that have endorsed the principles include  AOL/Platform A, AudienceScience, Google, Microsoft Advertising, NebuAd, Phorm, Specific Media, Yahoo! SARL, and Wunderloop.   The message sent to EU regulators was, in essence, don’t really worry about threats to privacy from online profiling and behavioural targeting.  But a review of the Principles suggest that there is a serious lack of “truth in advertising” when it comes to being truly candid about data collection and interactive marketing.  These Principles are insufficient–and are really a political attempt to foreclose on meaningful consumer policy safeguards.

Indeed, when one examines the new online “consumer guide” which accompanies the Principles,  one has a kind of Alice in Wonderland moment.  That’s because instead of being candid about the real purpose of behavioral advertising–and the system of interactive marketing it is a part of–the IAB paints an unreal and deliberately cheery picture where data collection, profiling, tracking, and targeting are just harmless techniques designed to give you a better Internet experience.   UK consumers–and policymakers–deserve something more forthright.

First, the IAB conveniently ignores the context in which behavioural targeting is just one data collection technique.  As they know, online marketers are creating what they term a “media and marketing ecosystem.”  A truly honest “Good Practice Principles” would address all the principal ways online marketers target consumers.  That would include, as IAB/UK knows well, such approaches as social media marketing, in-game targeting, online video, neuromarketing, engagement, etc.  A real code would address issues related to the use of behavioural data targeting and other techniques when used for such areas as finance (mortgages, loans, credit cards); health products; and targeting adolescents.

The IAB/UK also fails to reconcile how it describes behavioural targeting to its members and what it says to consumers and policymakers.  For example, the group’s glossary defines behavioural targeting as:  “A form of online marketing that uses advertising technology to target web users based on their previous behaviour. Advertising creative and content can be tailored to be of more relevance to a particular user by capturing their previous decision making behaviour (eg: filling out preferences or visiting certain areas of a site frequently) and looking for patterns.“  But its new “Good Practice” consumer guide says that “Online behavioural advertising is a way of serving advertisements on the websites you visit and making them more relevant to you and your interests. Shared interests are grouped together based upon previous web browsing activity and web users are then served advertising which matches their shared interests. In this way, advertising can be made as relevant and useful as possible.”

Incredibly, the IAB/UK claims that “the information used for targeting adverts is not personal, in that it does not identify you – the user – in the real world. Data about your browsing activity is collected and analysed anonymously.”  Such an argument flies in the face of what the signatories of the “Good Practice Principles” really tell their online ad customers.  For example, Yahoo in the UK explains that its “acclaimed behavioural targeting tool allows advertisers to deliver specific targeted ads to consumers at the point of purchase.”  Yahoo has used behavioural targeting in the UK to help sell mortgages and other financial products.  Microsoft’s UK Ad Solutions tells customers it can provide a variety of behavioural targeting tools so it “can deliver messaging to the people who are actively looking to engage with what you’re offering…With Re-messaging we can narrow our audience by finding the people who have already visited you. It means we can ensure they always stay in touch and help create continual engagement with your brand…Profile Targeting can help you find the people you’re looking for by who they are, where they are and when you want to be seen by them.”  Time Warner’s Platform A/AOL says Through our Behavioural Network, we can target your most valuable visitors across our network, earning you additional revenues, or simply fulfil your own campaign obligations.  By establishing certain user traits or demographics within your audience, we are able to target those individuals with the most relevant advertising (tied into their common characteristics), or simply reach those same users in a different environment.”  Or Audience Science’s UK office that explains “While other behavioural targeting technologies simply track page visits, the AudienceScience platform analyzes multiple indicators of intent:

•  Which pages and sections they have visited

•  What static and dynamic content they have read

•  What they say about themselves in registration data

•  Which search terms they use

•  What IP data indicates about them, including geography, SIC code, Fortune 500 rank, specific Internet domains,   and more

Because AudienceScience processes so many indicators of intent, it enables you to create precisely targeted audience segments for advertisers.”  And Google, which knows that the UK is “arguably the most advanced online marketplace in the world” has carefully explained to its UK customers all the data they collect and make available for powerful online targeting.

The Notice, Choice and Education “Good Practice” scheme relies on an ineffective opt-out.  Instead of real disclosure and consumer/citizen control, we have a band-aid approach to privacy online.  The IAB also resorts to a disingenuous scare tactic when it suggests that without online marketing, the ability of the Internet to provide “content online for free” would be harmed.  No one has said there shouldn’t be advertising–what’s been said is that it must be done in a way which respects privacy, the citizen, and the consumer.   Clearly, the new IAB/UK code isn’t a model that can be relied on to protect the public.  UK regulators must play a more proactive role to ensure privacy and consumer welfare online is meaningfully protected.

UK Online Ad Lobby Group: “behavioural targeting is going to be the future of the internet.” [Annals of Behavioral Targeting]

The debate over behavioural targeting, profiling and interactive advertising is heating up in the European Union.  We just spoke at a EU event on the topic.  More later on that meeting (which featured Google, Microsoft, Nokia and others, all wearing their Brussels best).  Google and others pointed to a new code on behavioural targeting created by the UK’s Interactive Ad Bureau, which they suggest is a model (and is designed to foreclose on real privacy safeguards).  I will be writing about this code in the next post.  But here’s what the chairman of the IAB UK, Richard Eyre, said about protecting privacy online and the Internet’s future [via Brand Republic.  March 31, 2009]. Excerpts:

Richard Eyre, chairman of the Internet Advertising Bureau, has said he accepts the European Union’s decision to investigate behavioural targeting as “logical” but hopes that the current self-regulatory process “will satisfy everyone”.

Eyre was responding to the EU’s decision to investigate behavioural targeting by online advertisers, in a move that could result in legislation that overrides the code recently introduced by the IAB with the support of Ofcom and search giants Google and Microsoft…Eyre said that he understood that the EU had to have a point of view on the issue because behavioural targeting is a new tool about which the general public is still forming its opinion. However he hopes the self-regulatory code on behavioural targeting recently introduced by the IAB will satisfy everyone. Eyre said: “It is very easy to dismiss the issues as an invasion of privacy but the fact is that behavioural targeting is going to be the future of the internet.”Eyre told ISBA’s annual conference recently that behavioural targeting would be a “game-changer” for advertisers.
PS:  As for Microsoft’s position on privacy, here’s an excerpt from a March 5, 2009 New Media Age story:  “Zuzanna Gierlinska, head of Microsoft Media Network, said, “It’s better that regulation comes from within the market rather than from government, which might not be fully aware of how behavioural targeting works.”  source:  “Industry unites to defend trust in online advertising.”   Suzanne Bearne.  nma.co.uk

CDD Asks Facebook to Address Digital Marketing & Data Mining in Principles–including for outside developers

We have significant questions about the proposed Principles and Statement and how they will affect individual privacy.  CDD has submitted comments.  Here’s an excerpt:  “Ultimately, users must have full knowledge of and control over any and all user data collected by Facebook or by any third party using Facebook’s platform. Facebook must change its Principles and Statement to give users this knowledge and control. 

We urge Facebook to use this wording:

2. Ownership and Control of Information

People own their information. They have the freedom to share it with anyone they want and take it with them anywhere they want, including removing it from the Facebook Service. People have the freedom to decide with whom they will share their information, and to set privacy controls to protect those choices. As part of user control of their data, every Facebook user has the right to know and fully control if and how data is collected from them, especially if the data is to be used in advertising. Facebook will be transparent in how it collects and analyzes data for advertising, including profiling and targeting of users. Facebook also will detail to users what particular data collecting and mining will be done for advertising purposes. Facebook will ensure that every company that works with it, via third-party applications or otherwise, also details to users if their data is collected or mined, how this data will be collected or mined and for what the data that is collected or mined will be used. Those controls, however, are not capable of limiting how those who have received information may use it, particularly outside the Facebook Service…

Users need to know how third-party developers use the data accessed or collected, including how the data is used for advertising and marketing. For example, if games and widgets and other third-party applications base their business model on capturing user data for lead generation, the users must be clearly told the details of this data capture and lead generation, and users must give their explicit approval first.  Users have the right to control third-party use, access to, collection or sharing of user data, and Facebook needs to make this clear in its Principles.”

Facebook Connect: “über-targeting” for marketers [Annals of Social Media Marketing]

excerpt from online marketing blog [our bold]:

The Benefits of Facebook Connect

For marketers:

First, it facilitates getting mentioned in Facebook users’s news feeds, which has been the holy grail for marketers because it raises awareness of your business and delivers an implied endorsement.

Second, it provides a treasure trove of user data, allowing über-targeting. You can literally customize the content of your page based on the visitor’s Facebook data, such as his age, gender, location, likes, dislikes, relationship status, even networks, groups, and pages he’s joined – or “fanned.” As a simple example, if you know a visitor is a fan of the band U2, you can highlight your U2-theme stationery, T-shirts, dog bones.

Marketers Have Growing “Obsession” with Behavioral Targeting via Search Engines [Annals of Behavioral Targeting]

excerpt:  “The official version of the SEMPO [Search Engine Marketing Professionals Organization] report was released today and…shows “overwhelming interest” in newly developed behavioral targeting opportunities, with three-quarters of advertisers claiming they would pay bid more for clicks targeted to in-market consumers.  The … “The State of Search Engine Marketing 2008″ shows  behavioral targeting has moved demographic targeting down on the priority list….this year, advertisers on average would pay 10 percent more for both demographic targeting and daypart targeting; they would pay 13 percent more for behavioral targeting. Behavioral-based search retargeting was unchanged in terms of spending. Two in five advertisers said they are not currently targeting or retargeting searchers but plan to in the next 12 months…Another 44 percent said they were targeting searchers either through an ad network, a portal or consumers who had previously visited their site.

As reported last week, North American spending on SEM for 2008 will total over $13.4 billion.”

source:  “Search Report Shows Obsession with Behavioral Targeting.”  John Gafney.  Econsultancy.  March 20, 2009.

Sempo