Category: children online

First & Third Party Combined Data Targeting Grows–Safeguards Needed on Publisher Sites

As USPIRG and CDD told the FTC last month, the growing integration of first and third party data for consumer targeting requires a uniform approach to protect privacy.  Entangling a consumer via a host of outside third-party databases used for stealth profiling and targeting is unacceptable–especially when used for financial and health marketing, or targeting youth.  Adobe, for example, just announced that it’s “Online Marketing Suite” now incorporates “a wide range of third-party data from providers such as Acxiom (demographics, segmentation and buying behavior), Bizo (business demographics), DataLogix (buying behavior and purchase intent), eXelate (demographics, buying behavior and purchase intent) and TARGUSinfo’s AdAdvisor (demographics, brand preferences, product needs and CRM data).”  Adobe also is “partnering with DataXu, InviteMedia, MediaMath and Turn to provide customers with the means to act on valuable audience data. Publishers can deliver larger audiences to advertisers by combining their own ad inventory with inventory acquired through the use of DSP partners.”

Both the Congress, the FTC and the European Commission have to address the growing merging of first and third party data that occurs without a users awareness or informed consent.  Meanwhile, ad agencies such as Omnicom have created their own data tracking and targeting services.  One executive recently noted that “There’s been increasing momentum in the use of third-party data. It’s a critical element of our stack – to use the right third-party audience intelligence data both for targeting and sometimes more importantly for audience insights post impression delivery. I don’t know the exact percentage, but I would say there are a significant percentage of our impressions that are bought with some form of third party data.“

Leading Health, Privacy, and Consumer Groups Call on FTC to Protect Adolescent Privacy online

For Immediate Release:  Feb. 18, 2011
Child, Health and Consumer Advocates Ask FTC for Teen Privacy Protections, including Do-Not-Track and No Behavioral Targeting

Today a Coalition of Child, Health and Consumer Advocates filed comments on the Federal Trade Commission’s proposed privacy framework asking for increased privacy protections for adolescents.   The coalition includes leading advocates such as the Center for Digital Democracy, the American Academy of Child and Adolescent Psychiatry, American Academy of Pediatrics, Children Now, and the Consumer Federation of America.

Privacy protections are needed as teens are increasingly subjected to privacy invasions online. Teens are using new media technologies for key social interactions and to explore their identities. This increased use of digital media subjects them to wholesale data collection and profiling of even their most intimate interactions with friends, family, and schools. Meanwhile, recent research in psychology and neuroscience reveals that teens are more prone to risky behavior when their anxieties and peer relations are exploited. Privacy protections are needed to keep the online world social and safe.

Companies should not use data to behaviorally profile teens. The framework should also provide enhanced choice for adolescents, including a Do Not Track feature. In implementing “privacy by design,” companies should consider the needs and vulnerabilities of teens.  They should address those vulnerabilities by, for example, minimizing the amount of data collected from teens.  Data that is collected should be retained for only short periods and should be afforded greater security.

“Teens live online today,” said Guilherme Roschke, attorney for CDD. “This time of development and maturation requires privacy protections. Teens cannot go it alone against the vast data collection and profiling infrastructure of new media technologies that not even adults can understand.”

“Because of their avid use of new media, adolescents are primary targets for digital marketing,” explained co-signer Kathryn C. Montgomery, Ph.D. “The unprecedented ability of digital technologies to track and profile individuals across the media landscape, and to engage in sophisticated forms of targeting, puts these young people at special risk of compromising their privacy.”

The full coalition includes:

Center for Digital Democracy, American Academy of Child and Adolescent Psychiatry, American Academy of Pediatrics, Berkeley Media Studies Group, a project of the Public Health Institute, Children Now, Consumer Federation of America, Consumer Watchdog, David VB Britt, Retired CEO, Sesame Workshop, Ellen Wartella, Kathryn Montgomery, National Policy & Legal Analysis Network to Prevent Childhood Obesity, a project of Public Health Law & Policy, The Praxis Project, Privacy Rights Clearinghouse, Public Good, Public Health Institute, Tamara R. Piety, and World Privacy Forum

Guilherme Roschke
Staff Attorney / Fellow
Institute for Public Representation
First Amendment and Media Center
Georgetown University Law Center
T:(202) 662-9543
F:(202) 662-9634
gcr22@law.georgetown.edu
http://www.law.georgetown.edu/clinics/ipr/
**********

NTIA’s Strickling on Privacy: He Forgets Consumers!

Here’s an excerpt via Politico from their interview with Department of Commerce NTIA Chief–and potential privacy policy maven–Lawrence Strickling.  Note the absence of consumers in his description of the problem and issues.  The Commerce Department, which is jockeying to have a greater role in the privacy debate (which the largest data collectors like because they are afraid of the consumer watchdog-minded FTC), better start making consumer needs come first–if they are to have any credibility here in the U.S. and with the EU.   It appears from the interview the Commerce Department has largely made up its mind to rely on “voluntary enforceable codes of conduct.”   Here’s what Larry said in a Q & A:

NTIA is also getting into the privacy discussions.

It’s part of the larger Internet Policy Task Force that’s underway here at Commerce where our agency — along with other agencies — is looking at a number of Internet policy issues. Privacy is first and foremost on the list, but we’re also looking at the protection of intellectual property, cybersecurity, and we’ll be looking at the free flow of information. For Commerce, our theme links all these topics around the notion of innovation, preserving the job creation and business expansion aspects of the Internet and trying to protect that going forward. So in the area of privacy, the task force did issue the green paper late last year. Comments just came in on that, so people are starting to work their way through them, with the goal that we’ll take the green paper and turn it into a more final pronouncement of the Department of Commerce or perhaps even the administration’s policy on privacy later this spring.

Do you think there should be a government office specifically dedicated to privacy?

We certainly believe that if we’re going to move forward with these voluntary enforceable codes of conduct with the industry that the function of convening and organizing that process should sit [in the government]. Our believe is that the Department of Commerce, and in particular NTIA, is the appropriate place for that function to reside. When we start talking about offices that sounds more bureaucratic and maybe requires departmental administrative orders. But on the issue of making sure that function is done, yes, based on what we see in the comments, we think that’s an appropriate idea. We think it’s a necessary idea in terms of working with industry and we’ll see how this all plays out over the course of the spring.

What is NTIA doing internationally on the privacy front?

Privacy has big international implications because the Council of Europe is looking at redoing what they’ve done in privacy. The European Union is looking at this issue. OECD is looking at the issue. So we’re very cognizant of the need to make sure our policy, whatever it is, is designed in a way to best harmonize with what’s happening in the rest of the world, and in particularly Europe.

As Google Expands Digital Food Marketing Clout, How Will it Protect Children and Adolescents from Online Junk Food Ads?

Google just announced plans to “to build its advertising and marketing business in the food and beverage industries,” including “establishing a food-and-beverage team in Chicago to link with advertisers and marketers.”   The online ad market leader hired a former Frito Lay and beer marketing executive who explained that the company intended to harness the “untapped potential in the digital world for food and beverage advertisers, and Google’s ability to work with them, based on proprietary analytics that map out consumer behavior.”   The exec–Karen Sauder–said that Google intended to use its clout with online media to generate a deep connection to users, including taking advantage of “some of the new location-based services and mobile technology that’s really untapped at this point.”

As our companion site digitalads.org documents, food and beverage companies, along with online ad companies such as Google, Yahoo and Microsoft, are targeting young people with digital ads for products linked to the youth obesity crisis (they are doing this in the U.S. and globally).  Google should play a leadership role and adopt new safeguards to ensure that no one under 18 is targeted by digital junk food ads–and that it undertakes a thoughtful analysis to address problems raised when targeting vulnerable groups.  We hope Microsoft, Yahoo and others will also do so.  We call on Google to embrace a “healthy” digital diet for its food and beverage marketing. This is an issue that will be on the policy radar in 2011.

Danah Boyd, COPPA, Online Marketing Targeting Youth, the role of Microsoft

Danah Boyd, like many other digital media researchers, fails to examine the business practices which shape and construct most of contemporary online media.  Ms. Boyd is quoted in last week’s Boston Globe about the Children’s Online Privacy Protection Act saying “[I]t’s well-intentioned, but this legislation has failed on every level.”  Ms. Boyd is incorrect.   A whole range of interactive ad practices and techniques commonly found on most digital sites has not been embraced by the under-13 online advertising market.  The goal of COPPA was to help structure the commercial online data collection and targeting practices aimed at young people–and it’s done so (just see what kind of data collection and targeting practices occur the minute anyone reaches 13.  From that age onwards, everyone is fair game for a wide range of very disturbing practices, most of which collect and use our information). Ms. Boyd and the Globe article are also incorrect claiming that “Congress is considering renewing” COPPA.   The FTC is currently conducting a periodic review of COPPA’s rules and the Congress has held hearings on the law.  But Congress doesn’t have to “renew” COPPA.

Finally, a challenge to Ms. Boyd.  She is working for Microsoft–which is targeting youth across the globe via its advertising division.  Microsoft Advertising is collecting data and targeting teens for junk food and other products.  See Microsoft’s “How to Target Young People Online” and other materials, for example.  Ms. Boyd needs to analyze what her employer–and other financial backers from the online ad industry supporting Berkman–are doing regarding youth–and hold them and herself accountable.

Digital Junk Food Marketing Watch: Cox’s Adify Bringing Behavioral Targeting to Food Marketing to Youth and Others?

Adify–owned by Cox Enterprises–provides online marketing and network tools–including behavioral targeting. It offers advertisers the ability to track you site to site (retargeting), can “deploy tracking beacons,” and uses “sophisticated logic to define targetable behavioral segments.”  Adify’s “platform powers more than 160 of the world’s best vertical ad networks, and connects premium brand advertisers to the deeply engaged audiences of thousands of quality mid- and long-tail sites.” Its network provides services for a number of sites, including those targeting African Americans, Gays and Lesbians and others.  It now is moving into what is called the “food vertical” business–which means helping quick service restaurants and other food and beverage companies target youth and others.

The FTC is now looking into the digital marketing of food and beverages to youth–prodded by my CDD.  No food marketer should use behavioral targeting or any related data collection and profiling technique when targeting children and adolescents.  Questions must also be raised about vulnerable populations as well.   Cox should ensure that its Adify doesn’t multiple the country’s obesity epidemic.

Microsoft Fuels Youth Obesity Epidemic via Xbox tie-ins: Digital Product Placement and Beyond

Microsoft is one of the most aggressive online marketing companies targeting teens online.  Across the globe, Microsoft Advertising touts its ability to deliver interactive food and beverage ads on PCs, mobile phones, gaming devices and via IM, Bing, etc.  Teens and young adults are the key target–but so are young children.  In its desperation to catch up with online ad leader Google, Microsoft has strained to be the “yes we will” digital agency.  For several years, Microsoft has had a close tie with Pepsi’s Doritos and Mountain Dew, offering various special games that feature the chip.  Now Microsoft is continuing that alliance, as the new Halo:Reach edition comes to market.  As explained by Variety, “helping build Microsoft’s brand is Madison Avenue, which has fully embraced the franchise’s main character, Master Chief, and turned him into a pitch soldier, with PepsiCo plastering him on 300 million Mountain Dew cans and 30 million bags of Doritos for the launch of the latest game.”

Microsoft officials–and those who play a influential role in the company–should not endorse digital marketing schemes that target youth–and especially contribute to such major public health problems as youth obesity.  For shame, Microsoft.

Kmart targets teens online, via Alloy Media Digital Marketing: Time for FTC & Congress to Protect Adolescent Consumers, inc. Privacy

Teens are ground zero for the digital marketing industry, worldwide, since they are seen as the “always-on” online generation.  Companies such as Microsoft, AOL, Sulake, MTV/Nick and many others closely research the digital behaviors of youth–all so they can be better targeted online.  This week, Kmart became the lead sponsor for a new online series featuring “product integration” and produced by tween/teen targeting company Alloy Media [now owned by Zelnick Media].  Here’s what Ad Age reported [excerpt]:This week, Alloy debuts “First Day,” its first wholly original series for the web and a branded-entertainment vehicle for Kmart, which will use the program to promote three of its back-to-school product lines: Bongo, Rebecca Bon Bon and Dream Out Loud…Josh Bank, Alloy Entertainment’s East Coast president, saw “First Day” as a creative challenge to build a series’ concept around Kmart’s brand brief. The eight-episode series follows main character Cassie…as she’s forced to relive her first day of high school over again, “Groundhog Day” style…Although Kmart and its products are never addressed by name in “First Day,” each episode will be supported by display and video pre-roll video ads highlighting the participating retail lines, with links to Kmart’s own micro-sites to purchase the products seen in the series. “First Day” will also receive heavy promotion via click-to-expand video ad units from Alloy properties such as Gurl.com, Alloy.com and Teen.com, and exclusive web partnerships with Meez.com, Candystand and Fanpop among others. Kmart’s media agency, MPG, and digital agency, Digitas, helped broker the deal and create the media plan with Alloy.”

Here’s how Alloy Digital explains what it delivers for marketers:  “Nobody knows the youth market better. As a pioneer in the digital space, Alloy connects with millions of young consumers online through highly trafficked websites and premium original web programming. What does that mean for you? Access to the highest concentration of teens, tweens and young adults available online. And comScore agrees – the Alloy Digital Network has ranked #1 in its category for the past year…At Alloy, our sole mission is to identify and develop innovative spaces and tactics to ensure your brand message reaches an engaged audience.”  They explain to advertisers that they know their youth target well: “We know who they are. Socialites, gamers, skaters, fashionistas – we’re all about what they’re into, where they hang out, who they are “socializing” with and … we know where to reach them. Our networks are unparalleled. No other company can deliver this level of specificity, on this large a scale and with this degree of focus. We are where they are, and so is your message.”

And it’s time to wake up FTC and state a-g’s–let alone parents.  Look at how Alloy tries to capture its youthful target via these interactive marketing tactics:
Display: Standard IAB units, interstitials

  • Full rich media capabilities
  • Targeting by geographic and demographic

Video pre/mid/post-roll

  • Targeting by geographic and demographic

Custom Integrated Programs:

  • Homepage Domination
  • Custom Video Programs
  • Sweepstakes & Contests
  • Advertorials, Quizzes, Editorial Sponsorships, Polls
  • Custom Games
  • Virtual World brand immersion programs
  • Social Media integration within Facebook, Twitter, and YouTube

and in searching for partners to help them target youth, Alloy explains:
“As a select member of the Alloy Digital Network, you can increase your ad revenue, raise your site visibility, traffic and buzz among users…

Become a Partner Member – Does your site have what it takes to be a part of the network? Established audience? Ad-friendly? The requirements are:

  • Minimum 100k monthly unique visitors
  • Content targeting 12-34 demo…”

Teens should not be the focus of non-transparent and unfair online marketing tactics, including data collection.  This is part of the current federal privacy and fair rules for online marketing, especially for youth, debate.  Stay Tuned!

Teens and Online Privacy: Empowering Adolescents to Control How Online Marketers Can Stealithily Target Them and Collect Data

Some commentators–and groups funded by online marketers that target teens–are worried that proposals to the FTC and Congress that adolescent privacy be protected will somehow create a system that requires forms of age verification online.  The coalition of leading consumer, child advocacy, health and privacy organizations filing comments at the FTC last week aren’t calling for the parental permission paradigm used by the Children’s Online Privacy Protection Act [COPPA] be extended to teens.  But there are many online commercial services specifically targeting adolescents–that’s their target market.  It’s those sites and services specifically focused on adolescents that we want to have better privacy safeguards.   We want those sites to be governed by an opt-in regime that gives teen users meaningful control of how their information is collected and utilized.  Those sites should be required to engage in the Fair Information Principles known as  “data use minimization.”  Commercial sites targeting adolescents should make its data collection practices fully transparent and under the control by the teen (including a truly accessible privacy policy).  In another words, a privacy safeguard regime that really should be available for everyone.  Teens are ‘ground zero’ for much of digital marketing–for examples see our site: www.digitalads.org [especially the update section].  If you look at the reports on that site, you will see that the most recent scholarly thinking is that brain development in adolescents occurs much later than what was once thought.  They don’t have the ability to effectively understand the intent of highly sophisticated interactive marketing and the corresponding data collection which underlies contemporary digital advertising. That’s why empowering them so they can protect their privacy strengthens their rights.

Harvard’s Berkman Center, its online marketing industry connections, and the need to prominently disclose

The Berkman Center is well-known for its work on digital media issues.  But it has often failed to address–in its research and public work–the negative consequences of online marketing and interactive advertising.  Berkman is partially funded by leading online marketers–including Google and Microsoft.  When Berkman conducts research on such issues as children’s online marketing and privacy [an issue I am involved with], it should always prominently disclose on the first publication page its funding conflicts–including whether Berkman staff work with online marketers.  Berkman should tell Congress and the FTC about such conflicts when it submits research and testimony.

For example, Berkman’s faculty co-director John Palfrey works for a venture investing firm that financially backs behavioral targeting and other online marketing companies.  Professor Palfrey does disclose on his blog that in addition to his Harvard duties, he is also a “Venture Executive” at Highland Capital Partners.  Highland’s “Internet and Digital Team,” which Prof. Palfrey serves on, has one current investment in Affine Systems, a video targeting company. Affine’s Video Platform explains it enables marketers to engage in behavioral targeting:  “Affine integrates behavioral data from exchanges and exclusive third-party partnerships. This data is used to audit and optimize campaigns as they run. Detailed analytics are collected, and valuable retargeting data is generated with every campaign.”  [“What makes the Video Targeting Platform special is the amount of insight it provides…by taking advantage of the data provided by Affine’s data partners, you can even target specific demographic or psychographic groups, and reduce the waste that is currently expected from online video buys.”].  Highland also invests in search engine and interactive TV companies serving the China market and many others. [Given the investments in China’s online market by Mr. Palfrey’s company, it also raises questions about Berkman’s Global Network Initiative role evaluating how companies like Google and Yahoo operating in China and elsewhere address human rights].  Previous online marketing (and behavioral targeted related) investments made by Highland included the youth online targeting company Bolt, Coremetrics, and mobile ad targeting company Quattro.

The well-known online analyst and commentator Dana Boyd is a Fellow at Berkman, and has made it clear she also works for Microsoft Research.  But given Microsoft Advertising global efforts to extend the power of online marketing and personalized data collection, including its online ad research lab in Beijing, its support for neuromarketing in digital ads, and its extensive behavioral and online targeting apparatus–including for junk food targeting youth in its gaming divisions, we hope Ms. Boyd will more closely examine her employers work in the area.