We Need FTC to Protect Privacy. Privacy Groups Should Be Calling for Real Action–not Industry Friendly “Workshops”

My organization and the U.S. Public Interest Research Group have asked the Federal Trade Commission to swiftly act and protect our privacy online. Last November, we filed a lengthy complaint asking for an intervention to stop behavioral targeting [pdf from Doubleclick] and associated spyware. But it seems that some groups aren’t that interested in action. They want the industry bigshots (who may be their funders) to come into the FTC and agree on “best practices.” That will likely mean no real privacy protection. Here’s the excerpt from a CNET story:

“The CDT has urged the FTC to hold a workshop on behavioral targeting to set best practices in the industry and get players like Microsoft, Google and Yahoo to agree on them. The organization wants to ensure that people have control in the event that these companies begin to merge consumer information from search and Web-surfing records to personalize ads.”

Privacy groups need to demand that the FTC finish its investigation (it launched one last November as a result of our complaint). We have provided the FTC with so much additional information, they should be able to act by now. Workshops are a delaying tactic designed to help out the special interests. If you want to see just a small fraction of what we’ve sent the FTC investigative team, go to adwatch.

PS: Here’s the blog post from the Center for Democracy and Technology on its request for a FTC workshop. Read its letter to the FTC. Then ask yourself. Shouldn’t public interest groups identify in such a letter the companies which fund them and engage in behavioral targeting? Shouldn’t they acknowledge that one of their key supporters, Microsoft, is the subject of a related complaint now before the FTC? Follow the money and the data mining it helps bring.

Scott Cleland on Google-Doubleclick: `Competition Foreclosure’

We agree with much of Mr. Cleland’s analysis that the Google acquisition of Doubleclick raises serious concerns about the future of the digital marketplace. But, unlike Scott, we believe the deal has critical antitrust implications (and has nothing to do with net neutrality). Here are key excerpts from his longer piece:


“Just as Microsoft vertically-leveraged (bundled/tied) its operating system dominance to dominate the office applications market via the Windows platform, Google apparently looks to vertically-leverage (bundle/tie) its keyword search dominance with DoubleClick’s leadership in online banner/video display advertising, and with its Google-YouTubedominance in video search…This vertical combination reportedly could give Google-DoubleClick upwards of 80% of the overall market for advertisements provided to third-party websites. Just like Microsoft became the default office applications platformfor email, e-calendars, word processing, spreadsheets, and PowerPoint, for any user, Google has obvious designs on becoming the default Internet advertising broker/platform for: keywords, website display ads, and TV, radio, newspaper/magazine advertisingfor the average large advertiser… If Google can gain the first-mover advantages of offering advertisers the super- efficiencies of cross-media-platform advertising optimization, i.e. a vertically-integrated/tied advertising platform, individual advertising mediums and companies will largely be at their (anti-)competitive mercy going forward. Game. Set. Match…The DoubleClick acquisition, like Google’s acquisition of YouTube, is really all about achieving competitive foreclosure long term. Google’s “partnership’ strategy is also all about competitive foreclosure…”

“Google Achieves Behavioral Targeting Nirvana” [recommended reading. Excerpt]

The following in an excerpt from an article by Rich Tehrani, president and editor-in-chief, TNC. We urge everyone to read the entire piece:
“Imagine a world where advertisers would be able to predict your detailed behavior online. They would know when you are about to buy a song, a car, a present for your spouse – they would know virtually everything you are thinking. If you believe this is impossible then you would be wrong as there are a few companies who have access to enough Internet data to make this privacy lover’s nightmare a reality and believe it or not a relatively new science called behavioral targeting is taking the online advertising world by storm… Last week however the game of behavioral targeting got even more competitive as Google announced they are purchasing DoubleClick. DoubleClick is the leading company in the business of displaying advertising online…With the acquisition of DoubleClick, Google now has access to the cookies and subsequently browsing history of vast numbers of web users. It would be fair to say that greater than 85% of Internet users frequently come into contact with ads served by DoubleClick. In addition there are a vast number of sites serving up Google’s ads and running Google Analytics. Google perhaps now has access to the behavioral information of over 90% of web users.
One can expect Google to start mining DoubleClick’s databases immediately and in the process, cross reference this data with its own vast databases of search history and perhaps even Gmail content.”

U.S. antitrust regulators:

Just a pointer to the U.S. officials who will be reviewing–and hopefully denying–GoogleClick.

Excerpt: “XM Satellite Radio and Google Deliver Targeted Advertising to Satellite Radio Listeners

MOUNTAIN VIEW, Calif., and NEW YORK, NY, August 2, 2006 – Google, Inc., today announced that it has reached an agreement with XM Satellite Radio, the nation’s leading satellite radio service with more than seven million subscribers, (NASDAQ: XMSR) to introduce and make available commercial advertising inventory on XM’s non-music channels to Google’s extensive advertising base through its dMarc media network (www.dmarc.net). As part of the deal, Google advertisers will now have a simple, automated way to reach XM’s millions of subscribers nationwide and XM will have access to Google’s large and small advertisers to offer relevant, targeted messages to their subscribers. After months of trials, the new platform is now in full production giving Google advertisers distribution through XM Satellite Radio…Google AdWords’ customers will be able to place terrestrial and satellite radio spots when the dMarc platform is integrated into AdWords targeted for fourth quarter of this year.”

and from Reuters: Google, Clear Channel Ink US Ad Deal [4/16/2007]
Web search leader Google has broken into radio with a multiyear advertising sales agreement with the largest U.S. broadcaster, Clear Channel Radio, the companies said on Sunday.

The deal, long anticipated by the radio industry, marks the progress Google is making as it expands into off-line media, not just in radio, but also television and newspapers—even in the face of resistance from some traditional media players.

Last week it revealed a parallel deal to supply satellite TV broadcaster EchoStar and its 13 million viewers.

Clear Channel said it has agreed for Google to sell a guaranteed portion of the 30-second spots available on its 675 radio stations in top U.S. markets, in a bid to expand the universe of local radio advertisers to Google’s online buyers.”

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Doubleclick’s “Performics” division: The “largest search-marketing firm” says Ad Age [4/13/07]

“Performics, the performance-based marketing division of DoubleClick, provides online marketing services and technologies for leading multi-channel marketers. Together, Performics and DoubleClick offer clients an unparalleled range of marketing solutions and are uniquely positioned to compare effectiveness across marketing channels for valued clients. Advertisers benefit from Performics´ custom approach to Affiliate Marketing, Search Engine Marketing, Data Feed Marketing and Online Lead Generation programs. Performics’ proprietary tracking and reporting technology platform, advanced market expertise, and active account management enable clients to acquire and reacquire online customers. Performics is the only recognized industry leader providing both Search Engine Marketing and Affiliate Marketing Services.” from About Us

Clients: “More than 300 clients, including America Online, Blair Corp., Bose, Cingular, CompUSA, Eddie Bauer, Fairmont Hotels, HP Shopping, J. Jill, Jos. A. Banks, Kohl’s, L.L. Bean, Motorola, OfficeMax, PC Connection, RedEnvelope, My Sony, Quickbook, Staples, Verizon Wireless, and Wyndham Hotels.”

FeedLab: “Performics developed FeedLab to automate cross functional processes and scale data feed marketing programs… FeedLab not only scales the delivery and optimization of data feeds, but the technology integrates input from “paid search” results, search queries and third-party information to improve the relevancy of the data feed and enhance an advertiser´s results…FeedLab also manages an advertiser´s data feed with comparison shopping engines, Web publishers and participants in the Performics affiliate network. There are currently more than 100 online publishers utilizing client data feeds through Performics.”

What Doubleclick also knew about you: Abacus Catalog Alliance

“With more than 3.5 billion transactions from more than 90 million U.S. households, the Abacus Alliance Database is the largest proprietary database of consumer transactions used for target marketing purposes. Abacus combines the power of this shared data with advanced statistical modeling to help Alliance participants improve profitability and increase market share.

With the Abacus Catalog Alliance, marketers can leverage transactional data to identify new customers and optimize the profitability of their existing customer base. Abacus data allows them to understand what customers actually buy, not what they say they buy. No one else can offer them the same advantages.

Alliance membership is for sophisticated marketers who are looking for a large universe of quality names and proven modeling techniques to increase their revenue and profitability.”
From: Doubleclick UK (accessed April 15, 2007)

“The Abacus Alliance database contains transactional data with detailed information on consumer and business-to-business purchasing and spending behavior. Over the past ten years, transactional data has proven to be the most effective predictor of future buying behavior. By combining transactional data with advanced statistical modeling, direct marketing can help marketers target the potential consumers that are most likely to buy their products or services.”

From: Direct Marketing (Doubleclick UK) Accessed April 15, 2007

PS: Aliance Data acquired Abacus in December 2006. But the Doubleclick UK site contains the above information as of today.

Congressional Internet Caucus—–Break Your Special Interest Ties

Today’s column by Washington Post reporter Jeffrey Birnbaum focusing on the sale of products and services at Congressional Internet Caucus events [“Soliciting for Good Citizens” reg. required] underscores why it’s time for the bi-partisan group to restructure its relationship with the Internet Education Foundation’s Advisory Committee.

This Congress is supposed to be breaking the ties between the powerful lobbying infrastructure and its political deliberations. Permitting the most powerful corporate media and telecom special interests to, in essence, determine the Caucus agenda is inappropriate (to say the least!). No group funded by the telecom and media industry should play a role as well in shaping the Caucus agenda. We hope the Net Caucus will clean house. Will Caucus co-chairs Senator Pat Leahy, Rep. Rick Boucher, and Rep. Robert Goodlatte do the right thing?

Congressional Internet Caucus: It’s For Sale!

Who really runs the U.S. Congressional Internet Caucus–Members of Congress or the companies and special interests with the deepest checkbook? Take a look at how a forthcoming Congressional Caucus meeting on wireless issues is, literally, for sale. At the NetCaucus website for the event, chaired by Congressman Mike Honda [Chair of the Congressional Internet Caucus’ Wireless Task Force] is a pitch for “sponsorship.” Here’s how you can push your message before the Hill:

“Sponsorship Opportunities

We are seeking responsible industry players to help facilitate this important policy dialogue with a few key sponsorships. These promotional sponsorship options will help position your organization as a thought leader during the substantive discussions. Your assistance will help to bring together leading location-service providers, social networking sites, advertising service providers, wireless carriers, government officials and Congressional players will come together to start discussing the range of issues, policies and opportunities presented by this emerging marketplace.

Options include:
Dialogue pens: Distribute pens with your logo in conference bags and binders.
Dialogue breaks: We’ll announce your sponsorship of the morning continental breakfast or mid-morning coffee break and feature your logo or brand in the break area.
Dialogue Wi-Fi Hotspots: We will blanket the meeting area with wireless Internet access and include you as a promotional sponsor.
Post-Dialogue VIP Dinner End the conference on a high note and host a VIP event; choose from some of D.C.’s finest restaurants. ICAC staff will work with you to craft the perfect guest list.

Contact us for details & pricing.”

It’s time that the Caucus break its ties with the Advisory Committee and become a truly independent forum. Take a look at the Advisors!

Digital Ad Lobbyists Meet in DC: Media Powerbrokers Gather to Fight Online Privacy Rules

Yesterday, the new Interactive Advertising Bureau’s DC lobbying operation held its “inaugural” event near Capital Hill. Attendees were expected from the 40 members of the IAB “Public Policy Council,” including Google, Time Warner, Yahoo!, Microsoft, Disney, CBS, and News Corp/Fox.

The group was briefed by “two senior attorneys from the FTC Division of Advertising Practices,” according to ClickZ [Mamie Kresses and Richard Quaresima]. While the agenda included a broad range of issues, such as online taxes and network neutrality, there is no doubt that preventing any public interest policy that protects consumer privacy online is the key agenda item. Digital marketers fear that once the public learns how their privacy is threatened via the many techniques of online advertising, there will be a demand for federal safeguards. So the IAB has expanded its political operations to include the hiring of a lobbyist—former Chamber of Commerce official Mike Zaneis. They hope to keep the FTC and the Hill under their political influence—which is considerable.

The IAB is already boosting a success in having its policy chair speak at a recent Congressional hearing.

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