Written by Amy Malone After rounds of comments and public workshops, the FTC has finally released an update to its digital advertising disclosure guidelines (here). The FTC first released guidance on digital advertising in 2000 (see those guidelines here) and last May the FTC requested comments on how the guidelines could be updated. The FTC points… Continue Reading
Category Archives: Online Advertising
Subscribe to Online Advertising RSS FeedFTC to Mobile App Developers: Get Privacy Right from the Start
Posted in Data Compliance & Security, Federal Trade Commission, Online Advertising, Privacy RegulationMobile app developers have some unique challenges when it comes to preparation and implementation of privacy policies. But, regulators have made it quite clear that the general privacy laws and regulations apply whether the application is online or mobile. To refresh your memory, see our Mintz Client Alert (here) regarding the California AG’s agreement with… Continue Reading
Keeping an eye on Canada’s tough anti-spam law
Posted in Online Advertising, Privacy RegulationNorth American marketers take note: Canada is set to finalize one of the toughest anti-spam laws in the world. Canada had fallen behind when it came to introducing anti-spam legislation, but it is now making up for lost time. Ottawa’s new Bill C-28– known as “CASL” and expected to be finalized early in 2013 —… Continue Reading
FTC v. Myspace Part II — The Takeaways
Posted in Data Compliance & Security, Federal Trade Commission, Online Advertising, Privacy Litigation, Privacy RegulationThe FTC has again provided us with a road map to compliance through the Myspace consent order. Here are the takeaways that should concern every company with an online presence. Keeping the FTC Out of Your Space — The Takeaways Much can be learned from how the FTC has evaluated the adequacy of Myspace’s privacy policy… Continue Reading
FTC Issues Long-Awaited Privacy Report
Posted in Federal Trade Commission, Legislation, Online Advertising, Privacy RegulationWritten by Adam Veness Earlier today, the FTC held a press conference and issued a final report setting forth best practices for businesses to protect American consumers and to provide consumers with greater control over the collection and use of their data. You can find the full report here: Final Commission Report on Protecting Consumer… Continue Reading
President Obama: “American consumers can’t wait any longer….”
Posted in Data Compliance & Security, Federal Trade Commission, Legislation, Online Advertising, Privacy RegulationAt the White House today, President Obama unveiled his administration’s framework for new privacy regulations and the long-awaited white paper entitled “Consumer Data Privacy in a Networked World: A Framework for Protecting Privacy and Promoting Innovation in the Global Digital Economy.” This follows up on the Department of Commerce “green paper” issued well over a year… Continue Reading
No Motion to Dismiss in Facebook “Sponsored Stories” Case
Posted in Class Action Litigation, Online AdvertisingWritten by Jake Romero California district judge Lucy Koh has rejected a motion to dismiss brought by Facebook, Inc. in response to a lawsuit brought by plaintiffs Angel Fraley, et al. alleging that Facebook’s “Sponsored Stories” violate California’s Right to Publicity Statute (CA Civil Code §3334). Sponsored Stories are paid advertisements containing the name and… Continue Reading
Recommended Reading: Privacy Policy Paper on Online Behavioral Advertising Issues
Posted in European Union, Legislation, Online Advertising, Privacy RegulationMost of the legislative privacy buzz this session has centered around online behavioral advertising (OBA) — along with the Federal Trade Commission’s proposal for a universal “do-not-track.” The center of discussion for U.S. legislators and regulators has been clear and conspicuous disclosure to users about OBA and to allow opt-outs. Regulators on the EU are… Continue Reading
Privacy Class Actions – It’s Still About the Damages
Posted in Class Action Litigation, Online Advertising, Privacy LitigationWritten by Kevin McGinty In a mixed decision, a federal court judge in New York dismissed federal statutory claims arising from Web-based advertisers’ use of cookies that tracked users’ Web browsing activities, but denied a motion to dismiss claims under state law. The plaintiff in Bose v. Interclick alleged that Interclick and clients McDonalds, CBS, Mazda… Continue Reading
If you don’t want privacy regulation — FTC advises industry to “move quickly”
Posted in Data Compliance & Security, Legislation, Online AdvertisingThe Federal Trade Commission’s public comment period on its preliminary staff report, Protecting Consumer Privacy in an Era of Rapid Change: A Proposed Framework for Businesses and Policymakers, has closed. The FTC received over 300 comments during the extended comment period, including several states. It is looking more likely that some form of privacy regulation… Continue Reading
FTC Extends Comment Period – UPDATED
Posted in Data Compliance & Security, Online AdvertisingThe Federal Trade Commission has extended the public comment period on its December 1, 2010 report — FTC Privacy Report. The FTC press release says that, in light of the complex issues raised by the report, a number of organizations have requested an extension of the original January 31, 2011 deadline. Stakeholders now have until February 18,… Continue Reading
FTC to Industry on Consumer Privacy: You “Must Do Better” – UPDATE
Posted in Data Compliance & Security, Legislation, Online AdvertisingFTC Report Supports “Do-Not-Track” and sets out comprehensive framework for consumer privacy
Whistleblowing “protected” under Sarbanes-Oxley, as long as it’s not to the media ….
Posted in Data Compliance & Security, Online AdvertisingOur colleagues over at the Mintz Employment Matters blog have posted an interesting piece on the latest Sarbanes-Oxley whistleblower case — Employment Matters Blog
EchoMetrix Settles FTC Complaint Over Disclosure of Children’s Information to Marketers
Posted in Online AdvertisingThe Federal Trade Commission (FTC) has reached a settlement with EchoMetrix over charges that it failed to inform parents that information it was collecting about their children would be disclosed to third-party marketers. The company’s website says that EchoMetrix is a publicly traded systems development company that “understands and interprets content on the digital web.”… Continue Reading
MIT Enterprise Forum Event tonight – “You’re Being Followed”
Posted in Online AdvertisingAs part of Global Entrepreneurship Week USA, the Digital Media SIG is holding a panel discussion tonight that will be thought-provoking (or at least the panel — including your author — hopes so) and takes on the issue of online privacy as it relates to the advertising world. Tracking, following, assembling, analyzing, dicing and slicing… Continue Reading
Online Behavioral Advertising: The European Union Controversy
Posted in Online AdvertisingOn June 24, 2010, the European Union’s body that addresses data protection issues, the so-called Article 29 Working Party, adopted Opinion 2/2010 (the “Opinion”) providing further clarification on the amended e-Privacy Directive (below) as applied to online behavioral advertising. The Working Party also issued a press release on this topic.
Happy Data Privacy Day! Post #3 – Cable/Online Behavioral Advertising Issues
Posted in Online AdvertisingEarlier this week, Mintz Levin’s Chris Harvie, a Member in the Communications section, spoke at the PLI Broadband and Cable Industry Law Seminar in New York City. Chris provided an overview of the cable privacy provisions found in Title VI of the Communications Act and discussed the restrictions and obligations that apply to the collection… Continue Reading
Federal Trade Commission hosts privacy roundtable today
Posted in Online AdvertisingThe FTC kicks off the first in a series of “roundtable” discussions to explore privacy challenges posed by 21st technology and business practices that collect and use consumer data. Today’s roundtable is being held in Washington, DC, and will focus on data collection, use and retention, consumer expectations of privacy, online behavioral advertising, information brokers… Continue Reading
Do you market to ‘tweens?? Better watch out for the new Maine law…..
Posted in Online AdvertisingMaine Governor John Baldacci has signed a sweeping new law called “An Act to Prevent Predatory Marketing Practices to Minors.” While that is a laudatory effort and responsible marketers would not want to be predatory, it is not difficult to see this law as overreaching. It goes beyond restrictions in federal law under the Children’s… Continue Reading
Trade Groups Release BT “Self-Regulatory” Standards
Posted in Online AdvertisingNearly missed in the long Fourth of July holiday weekend was the announcement of “behavioral advertising” standards by a coalition of industry trade groups. These standards are in response to the FTC’s public statements that regulation would soon follow if industry did not step up. The standards have now been released and are as follows:… Continue Reading
Congress to Bring “Law and Order” to the Internet??
Posted in Online AdvertisingIn February, the Federal Trade Commission released its report on behavioral advertising “guidelines,” with strong suggestion over the recent weeks from Commissioner Jon Liebowitz that without significant self-regulation, the online advertising industry could see regulation or legislation. We discussed the FTC report at that time here. Yesterday, two House committees came together to look at privacy… Continue Reading
