Category: medical privacy

IAB’s Lobbying Against Privacy Safeguards: Trade Group Will Add New Members to Help Fight Consumer Protection Legislation

The trade lobbying group Interactive Advertising Bureau (IAB) plans to add new members to help it generate “grassroots support against proposed legislation in New York and Connecticut that would ban the collection of data about online consumers without a person’s specific consent.” According to ClickZ, the IAB will create a new low-dues membership structure which will enable smaller online advertisers to swell its ranks. What is IAB’s pitch to its prospective members about privacy safeguards offered by state legislators in New York and Connecticut? ClickZ says that “[T]he IAB contends that the proposed measures would have a disproportionate negative impact on small publishers that rely on ad networks to manage advertising sales.”

The IAB’s leadership is off on a irresponsible mission to persuade online marketers and the public that privacy rules would “kill the web.” Such an self-serving view of why privacy rules are required in the age of online marketing will only further diminish the credibility of the IAB.

Google Health and other Medical Information Portability Products: Beware of Data Tracking, Interactive Marketing & Privacy Concerns

Consumers should have immediate access to their health records, a mouseclick and password away. But should the price we pay be tied to allowing health data storage providers collect information about our medical concerns and interests, so they can sell ads to pharmaceutical and health-related companies? We think there are some areas, such as health, where online advertising should not tread. Storage and access should not be linked to targeted personalized digital marketing. Google is in the process of building its health advertising business. In the U.K. and the U.S., for example, they are hiring executives to operate what it calls its “Consumer Products and Health Care marketplace.” Here’s an excerpt from the employment announcement:

“The role: Industry Manager, Consumer Products and Health Care – London

As a Google Consumer Products and Health Care Industry Manager, you’ll be working with those who provide advertising solutions for companies that produce and sell consumables and health care products/services. This job is a mix of finding and managing new and existing business customer relationships. Working closely with the Industry Head to develop Google’s Consumer Products and Health Care marketplace, you’ll combine a passion for the industry with strong presentation and communication skills. You’ll own the relationships with clients and agencies, targeting, educating and developing new clients to grow the business in unpenetrated territory. This means you have excellent client-servicing and relationship skills along with the entrepreneurial drive to approach and persuade new and existing customers with large, multi-faceted propositions.

Responsibilities:

  • Target new customers and develop strong relationships with clients and marketing services agencies.
  • Analyse data, trends and client performance, develop solid strategic sales plans, and prepare and conduct strategic pitches and sales presentations.
  • Collaborate and consult with major customers with the goal of extending relationships, increasing your client and agency base and optimising their advertising expenditures.
  • Develop case studies of successful campaigns in order to share insights with customers and to serve as an evangelist at targeted events and conferences.
  • Champion new product releases, internally and externally…”

There are serious questions which must be addressed about the implications not only to our health privacy, but the impact on our behaviors from medical-related interactive marketing. It’s an area we will return to soon.

IAB’s Response to Calls for Consumer Privacy Rules: Hire More Lobbyists to Protect the “Wild West” of Data Collection & Ad Targeting

Granted, the IAB’s Washington, D.C. lobbying shop, opened last year, is a small operation. Now the IAB is in the process of hiring a second person for the office. No doubt IAB wants to protect the data collection and micro-targeting digital turf of its members. Former Tacoda and Time Warner exec. Dave Morgan perhaps revealed why the political stakes are so high for IAB members such as Google, AT&T, Comcast, Time Warner, Disney, CBS, NY Times, Washington Post, etc. in Media Post. As Morgan explained, “.. Everybody now knows that data is the fuel for growth. Everyone is starting to mine it and make it available to third parties…The big four (Google, Microsoft, Yahoo and AOL’s Platform A) are all opening up their networks and systems to leverage third-party data; so are the ad servers like WPP’s 24/7 Real Media; and so are the ad networks…We’re moving into a wild, wild west in monetizing real-time marketing data, and we’re going to need many more people that know how to do this…As we see this data take on more value and play a bigger role in our industry, the public policy implications are going to become much more pronounced.”

European Privacy Officials investigate behavioral targeting & data mining

Just to place the privacy and online marketing debate in better perspective. It is appropriate and necessary for lawmakers and policymakers to examine and then address through rules the impact of new technologies on privacy. The Article 29 Working Party, the EU’s data protection review group, adopted as part of its 2008-2009 work plan to help ensure “data protection in relation to new technologies.” Among the areas they are now examining include: “search engines, on-line social networks (especially for children and teenagers), behavioural profiling, data mining, [and] digital broadcasting” (they are also focusing on ICANN and WHOIS). Direct Marketing is being reviewed as well.

Our point here is that the online industry has largely developed its system of data collection without user permission largely in the absence of thoughtful oversight that would ensure privacy. We believe the process underway in the EU will help address this issue in a meaningful way.

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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U Penn Prof. Joseph Turow responds to the

Randall Rothenberg of the Interactive Advertising Bureau lobbying group wrote a commentary where he made a number of misleading statements. He incorrectly characterized the work of Professor Joseph Turow. Prof. Turow, a leading academic expert of the online marketing industry, is on the faculty of the Annenberg School for Communication, University of Pennsylvania. Here is Professor Turow’s response:

“In one sentence, Mr Rothenberg manages to make two fundamental misrepresentations. What I really say on page 2 of my 2006 book Niche Envy (where the quote originates) explicitly relates to marketers use of surveillance technologies without consumers understanding: “Over the long haul, however, this intersection of large selling organizations and new surveillance technologies seems sure to encourage a particularly corrosive form of personal and social tension.” Nor do I anywhere lament the passage of the three network universe. For example, I explicitly state in Breaking Up (on page 199, for example) that three network era had its own forms of social exclusions and state that “that “the proper response to this hypersegmentation of America is not to urge a return to the mass-market world of the 1960s and 1970s.” My conclusion: when I see Mr Rothenberg quote someone I will be sure to check the source to make sure the passage has not been wrenched from its context. I should add, too, that I accept the need that digital interactive media have for target marketing and database marketing. But there are many creative ways to meld data analytics and their implementation with openness and public engagement. I fear that Mr Rothenberg”s policies and writings indicate he will lead this important organization in directions that are misguided for marketers and for society.

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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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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

The emerging online health field requires meaningful privacy and interactive marketing safeguards to prevent the exploitation of American consumers. Google, Microsoft and many others see digital gold from the online targeting of medical-related products & services. There will be a flood of personalized pitches from the Big Pharma brands, health remedies, and over-the counter remedies. Yesterday, CDT sent out an email saying that “[N]ext week the Center for Democracy & Technology will announce a major health privacy initiative that will emerge as the major player in this converging field, poised to stand in the gap, bringing providers, industry and consumers to the table to build workable solutions and impact policy makers.” The CDT missive explained that “[A]ddressing these issues requires a strong, credible voice, that combines privacy and technology expertise with a deep understanding of the health care system and the goals for information technology; a voice with privacy policy experience and an understanding of how technology can be used to improve health care.”

The health of the American public in the digital era will be directly connected to the policies we enact governing medical micro-targeting, data collection, and online marketing. Groups have to stand up for what is right for consumers. The new CDT effort–along with the online health data and marketing initiatives–will require close scrutiny. Protecting health-related privacy and ensuring safeguards for digital medical advertising are essential if we are going to engage in prevention.

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