Category: children online

Protecting Children’s Privacy Online at the FTC: Statement of Kathryn Montgomery, PhD

CDD will soon file at the FTC on how to ensure the Children’s Online Privacy Protection Act [COPPA] can better protect the online privacy of children under 13.  It’s a 1998 law that we led the campaign to have enacted.  Here’s a brief excerpt from what our colleague Prof. Kathryn Montgomery told the FTC today:

Statement of Kathryn C. Montgomery, PhD

Professor, School of Communication

American University

Protecting Kids’ Privacy Online: Reviewing the COPPA Rule

Federal Trade Commission

June 2, 2010

For the past decade, the Children’s Online Privacy Protection Act (COPPA) has served as an effective safeguard for young consumers in the online marketing environment. Because the legislation was passed during the early stages of Internet e-commerce, COPPA established a clear set of “rules of the road” to help guide the development of the children’s digital marketplace. The law created a level playing field, ensuring that every commercial player—from the largest children’s media companies to the smallest start-ups – would treat young people fairly.

Congress intended COPPA’s basic framework to be flexible, anticipating changes in both technology and business practices, and requiring periodic reviews by the Federal Trade Commission to ensure its continued effectiveness. Today’s children are growing up in a ubiquitous digital media environment, where mobile devices, instant messaging, social networks, virtual reality, avatars, interactive games, and online video have become ingrained in their personal and social experiences. The online marketing practices of the 1990s have been eclipsed by a new generation of tracking and targeting techniques.

In its current review, the Federal Trade Commission must ensure that its COPPA rules include the full range of Internet-enabled or -connected services, including the increasingly ever-present cell phones children use, along with Web-connected gaming devices and online, interactive video.  Moreover, COPPA’s definition of personal information must be revised to include the latest methods of identifying and targeting online consumers, covering the so-called “cookies” that are used for interactive marketing data collection, as well as “mobile geo-location information.” With these and other necessary updates, the law will continue to ensure that children reap the benefits of the digital age without compromising their privacy, safety, and wellbeing.

Yahoo uses neuromarketing for online ads: helping “maximize emotional connection and drive higher purchase intent” for Pepsi and others

The FTC and EU will need to develop safeguards on the use and role of neuromarketing techniques in advertising, especially when deployed for online campaigns.  Here’s an excerpt from a Yahoo post on the power of neuromarketing:

“…how do you measure the emotional connection in your advertising? Are some advertising mediums better than others in making that emotional connection? To answer these questions, Yahoo! partnered with NeuroFocus, a market leader in neurological market research. Yahoo! measured the brain waves of 74 people in real-time as they viewed online, print, and television executions of three ad campaigns from Pepsi, Infiniti, and Yahoo!…The simple answer is, consumers can’t hide their brain waves. By measuring the direct response of advertising at the brain level, we are able to observe and quantify pre-cognitive reactions
before reporting biases set in.

In this study, we specifically measured emotional engagement, purchase intent, and overall effectiveness. Ad responses were measured on a 10 point scale, with the median ad performance around 5.0.

GeographicTargeting_web

We found that the ads from all three brands performed above average across all platforms. However, when ads are optimized for the Internet, they maximize emotional connection and drive higher purchase intent. In fact, by designing ads that fully leverage the interactive strengths of the online platform, advertisers can even outperform TV in emotional engagement…When ads are optimized for the Internet, they maximize emotional connection and drive higher purchase intent
By taking full advantage of the unique capabilities of the Internet platform, the Infiniti ad scored higher on emotional engagement, purchase intent, and overall effectiveness than both the television and print version of this ad.”

from:  Making the Emotional Connection:  Advanced neurological research reveals deeper insights into ad effectiveness by medium.  Yahoo.  May 17, 2010.

Boucher/Stearns Privacy Bill: Fails to Ensure Data Collection Minimization and Forces Consumers to rely on Digital ‘fine’ Print

Yesterday, Reps. Rich Boucher and Clifford Stearns released a “discussion” draft for what they intend to become a new law addressing privacy online.  Mr. Boucher, whom I and a number of consumer and privacy representatives met with in March, is sincere in his desire to address online privacy.  But the bill’s overall orientation maintain (and really nurtures) the intense and pervasive data collection, online profiling, and targeting status quo.  Instead of focusing the goal of the bill on data minimization, a important Fair Information Principle, it really enables the maximization of information collection on consumers.

The bill does make several important contributions, including acknowledging that racial/ethnic and sexual orientation must be considered  “sensitive” information requiring higher safeguards [I played a role in urging Congressional leaders to include racial/ethnic data in the sensitive category].  By acknowledging that a “unique persistent identifier” should be classified as personal information, the draft bill follows what policymakers in the EU have crafted (and the FTC staff has already largely suggested).

But by primarily relying on so-called “notice and choice”–namely privacy policies–the bill fails to protect online users.  There is a growing consensus, backed by research, that privacy policies are inadequate.  The reliance by Mr. Boucher on Google’s ad preference manager system, which allows users to opt-out of more specific ad targeting categories, doesn’t address the key question:  how can we ensure less information is collected and used about each of us.  Nor does the bill protect sensitive information involving health and finance, where it permits a huge loophole that will continue online data practices involving our interactions online with financial and health related sites and services].  Adolescents are left unprotected in the bill–one of its most glaring omissions.

The bill doesn’t really empower the FTC to act effectively in this area, in our opinion.  Under the Boucher/Stearns bill, consumers will still have to rely on digital fine print–written in invisible ink–to protect privacy.  This is not a debate on ensuring online ad revenues for free content–we all support that.  It’s about defining reasonable rules of the online road that balances citizen and consumer rights with the interests of those who collect our data–whether they be commercial or government.

Rep. Ed Markey: Protect Children’s Privacy Online via COPPA

Rep. Ed Markey has been a longstanding leader in Congress on children’s media issues, and was the original co-sponsor of the Children Online Privacy Protection Act (COPPA).  Here’s what he released yesterday to coincide with the Senate Commerce committee oversight hearing.


MARKEY: KEEP CHILDREN’S PERSONAL INFORMATION OUT OF THE ONLINE COMMERCIAL ‘COOKIE JAR’

WASHINGTON, D.C. – Representative Edward J. Markey (D-Mass.), a senior member of the House Energy and Commerce Committee and co-Chairman of the Bi-Partisan Congressional Privacy Caucus, issued the following statement on Senate Commerce Consumer Protection, Product Safety, and Insurance Subcommittee hearing on the Children’s Online Privacy Protection Act (COPPA):

“More than a decade ago, I joined with Sen. John McCain (R-Ariz.) and then Sen. Richard Bryan (D-Nev.) to enact the Children’s Online Privacy Protection Act,” said Markey. “COPPA was a landmark piece of legislation that has contributed to the creation of a safer and healthier online environment for children.  It established a clear set of rules for marketers to follow and gave parents tools for overseeing how their children’s information was being collected and used online. It also helped to tame the digital ‘wild west’ of the information superhighway-where personal information was routinely collected from unsuspecting kids on the Internet.

“COPPA faces new challenges today.  The growth of broadband and the proliferation of mobile phones give marketers a new generation of powerful techniques for data collection and behavioral profiling.  I commend the Subcommittee for holding this important hearing on children’s privacy in the digital age.  I urge them to ensure that the Federal Trade Commission, as it reviews COPPA this year, makes necessary changes to its implementation that will permit the law to   remain an effective safeguard.

“We deliberately wrote COPPA to make it a “living” and flexible statute, so it could address new data collection and targeting practices that threatened to undermine children’s privacy as the Internet evolved.  I will work with the Senate and the FTC to ensure that COPPA continues to protect children in the expanding digital marketplace.”

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.”

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.”

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.”

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.”

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

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.

Games Microsoft Plays: “consumer online behavior” tracked on its video gaming service [a “massive” invasion of privacy!]

Microsoft’s just announced a new consumer tracking and profiling tool for advertisers using its Massive video gaming platform service. Calling it a “breakthrough” in its press release, the new Microsoft/comScore research tool enables advertisers:

“… to see the direct impact that in-game advertisements have on consumer online behavior…, advertisers will get an inside look at the degree to which in-game ads motivate gamers to visit Web sites, conduct brand-related search queries and engage in other online actions, something that previously had gone unmeasured…Through this collaboration with comScore, we will also now be able to measure those consumer actions that result from in-game ads. We think this has the potential to literally ‘change the game’ for both advertisers and publishers who want to improve the effectiveness of their in-game ad efforts.”

AdEffx Action Lift for Gaming matches in-game console ad serving data from Massive with comScore’s third-party, post-campaign panel data to track and measure in-game advertising effectiveness. By combining Microsoft’s proprietary, non-personally identifying Anonymous ID data, which is common across Xbox LIVE and Microsoft Web properties (known as Windows Live ID), with user data from comScore’s panel of 2 million Internet users worldwide, comScore can determine if panelists who saw in-game advertising subsequently visited a brand’s Web site, searched brand-related terms or engaged in other online behaviors important to advertisers.”

“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.

Online Ad Networks Targeting Teens: Time for new privacy safeguards

Teens are a major focus of online advertising.  We have asked Congress and the FTC to develop safeguards to ensure adolescents have their privacy protected.  As part of the public debate, it’s useful to review how online ad networks target teen users.  Here are some examples:

Betawave (its 12-17 targeting service):  “If it feels like it’s impossible to capture the attention of today’s short-attention-span teenager, we’d beg to differ. On average, teenagers spent 15 mins per session on our publisher sites and 73.7 mins per month. More importantly, their mindstate is highly receptive to advertising with stats 118% higher than industry average and 158% more likely to agree that advertisements influence their purchase decisions…What’s our secret? Our selection of casual games, virtual worlds, and social play sites that are in touch with their Teen and Tween audiences. We know how to create content to hold the attention of the American Teenager, but to also keep them coming back for more…Our Teen and Tween audience consumes all types of different media, but is addicted to the Internet. The content of our sites appeal to the “Influencers” — the kids who assert their preferences with parents and peers and impact the behavior of others…“Virtual World Integration:  Imagine a marketing vehicle where users embrace sponsorship, where they constantly ask for more brands, and where advertising is seen as a validation of their community. Virtual worlds offer this experience to savvy marketers…Integrate your product into virtual worlds, and turn casual observers into brand champions.”

Kiwibox teen network [Burst Network]:  “Kiwibox Teen Network, brought to you by Burst Network, is the premier online vehicle for advertisers looking to target the teenage audience of girls and guys that are currently in high school or college. The anchor site for the network, Kiwibox.com, is a popular social networking destination and online magazine for teens…

As a member of Kiwibox Teen Network, your site will get the attention of popular brand marketers and attract high CPM campaigns. Advertisers on Kiwibox Teen Network will include the best brand names in consumer electronics, telecom, entertainment, apparel/footwear, snacks and beverages, retail, beauty products, and fast food…Kiwibox Teen Network supports several types of Rich Media layer ad units, including Interstitials, Superstitials, Floating, Synchronized and In-Person Rovion ads. We have partnerships with the top Rich Media vendors like PointRoll, Eyewonder, EyeBlaster, Unicast, Interpoll, and Atlas… “

A Venture Funder Calls for Opposition to Privacy Rules Online–Cites the Need to Collect Financial, Pharma, and Youth Data


“Lightspeed Venture Partners is a leading global venture capital firm that manages over $2 billion of capital commitments.” Jeremey Liew is a managing director of the fund, with “a particular interest in social media, commerce, gaming and methods for increasing monetization.” Lightspeed is a backer of many high tech concerns, including online ad and data collection/targeting companies.   Writing in the company’s blog, Mr. Liew cites the recent call for online privacy safeguards.  He then writes [our emphasis]:

 

 “While it is always hard to argue against privacy, the impact of this level of restriction would be enormous for companies relying on online advertising. Financial services and pharma/health are two of the leading categories for online advertising; the youth demographic is highly attractive to many advertisers, and limiting behavioral targeting to one day without an opt in severely restricts the usefulness of the data.

 

I’ve spoken to a number of people at venture backed ad networks, and it is clear to me that more needs to be done to organize feedback to the FTC and congress about the proposed rule changes and legislation.”

 

I think Mr. Liew has helped underscore our concern.  Sensitive data involving a person’s finances, health, and their children, require serious consumer safeguards.

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