Post on 29-Nov-2014
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FEDERAL TRADE
COMMISSIONPRIVACY CONSUMER
BEHAVIORAL
TARGETINGTRANSPARENCYREGULATION
FTC PRIVACY ROUNDTABLEFTC PRIVACY ROUNDTABLE
Background and Summary
The Past
is Prologue
1999-20001999-2000
1999♦ FTC Conference on Online Profiling♦ OECD Consumer Protection Guidelines♦ Network Advertising Initiative
2000♦ FTC Report to Congress
19991999 20002000 20012001 2002200220052005
20042004 20062006 20072007 20082008 20092009
A Call for Regulation
• Commends NAI but . . .
• [Recommends] legislation that would set forth a basic level of privacy protection for all visitors to consumer-oriented commercial Web sites with respect to profiling.– Basic standards of practice governing the
collection and use of information online for profiling, and provide an implementing agency collection and use of information online for profiling, and provide an implementing agency with the authority to promulgate more detailed standards
– [Including] authority to grant safe harbors to self-regulatory principles which effectively implement the standards of fair information practices articulated in the legislation and subsequent rulemaking.
2001-20052001-2005
2001♦ FTC Conference on Consumer Data♦ NAI adopts opt-out cookie♦ Chairman Muris – legislation “premature”
2002-2005♦ “Dewey the Turtle”
19991999 20002000 20012001 2002200220052005
20042004 20062006 20072007 20082008 20092009
20062006
2006♦ CDD FTC Complaint attacking BT♦ Protecting Consumers in Next TechAde♦ AOL Release of Search Histories
1999199920002000
20012001 20022002 2003200320042004
20052005 20062006 20072007 20082008 20092009
20072007
2007♦ Merger Mania♦ ehavioral Advertising Workshop♦ CDD “Do Not Track” Proposal♦ FTC Proposes BT Self-Regulatory Guidelines♦ Facebook’s Beacon Program
20042004 20072007 20072007 20072007 20072007 20072007 20072007 20082008 20092009 20092009
20082008
2008♦ Industry Pushback on Self Regulatory Principles♦ NAI Updates Principles♦ NebuAd and BT 2.0 Blow up on Capitol Hill♦ FTC Workshop on Mobile Marketplace
20082008 20082008 20082008 20082008 20082008 20082008 20082008 20082008 20082008 20092009
20092009
JAN-AUG 2009♦ FTC Releases Revised BT Guidelines♦ Leibowitz Repeated Warnings to Industry♦ House hearings, explore BT♦ IAB, DMA, AAAA Release BT Guidelines
JANJAN FEBFEB MARMAR JUNEJUNE JULYJULY SEPTSEPT NOVNOV DECDEC DECDEC DECDEC
20092009
SEPT - DEC 2009♦ FTC Announces Roundtable♦ Privacy Wars♦ FTC Panel on Newspaper Industry♦ FTC/OECD Conf. on 10th Anniv. Of Guidelines
JANJAN FEBFEB MARMAR JUNEJUNE JULYJULY SEPTSEPT NOVNOV DECDEC DECDEC DECDEC
Privacy Wars
Privacy Wars
Questions for Comment
• What risks, concerns, and benefits arise from the collection, sharing, and use of consumer information?
• Are there commonly understood or recognized consumer expectations
Roundtable #1
recognized consumer expectations about how information concerning consumers is collected and used?
• Do the existing legal requirements and self-regulatory regimes in the United States today adequately protect consumer privacy interests?
FTC Chairman LeibowitzFTC Chairman Leibowitz
•• We're We're at another watershed moment in at another watershed moment in privacy, and the time is right for the privacy, and the time is right for the commission ... to take a broader look at commission ... to take a broader look at privacy . . . Our minds are open.privacy . . . Our minds are open.privacy . . . Our minds are open.privacy . . . Our minds are open.
•• We all agree that consumers don't read We all agree that consumers don't read privacy policies, or privacy policies, or EULAs for EULAs for that that matter. matter. I've I've been a supporter of been a supporter of optopt--in in for quite for quite some time.some time.
I believe action has not been a high enough priority to date. [The] United States needs comprehensive privacy legislation. If we continue the piecemeal approach to privacy in this country, we merely push aside the underlying issues.
FTC Commissioner Jones-Harbour
merely push aside the underlying issues.
Industry attempts to provide notice and choice to consumers have been insufficient thus far.
We have strayed far from the Fair Information Practices that should serve as a baseline for any comprehensive privacy legislation.
Shift in Focus – Use not Collection
We are taking a look at a number of technologies and business practices—including social networks, cloud computing, mobile, cloud computing, mobile, data broker relationships, and behavioral advertising—and will assess both the benefits and risks of those practices.
Christopher OlsenAsst. Director - Division of Privacy and Identity Protection
Roundtable #2
January 28, 2010January 28, 2010UC Berkeley School of Law
Berkeley, California
• What role do privacy enhancing technologies play in addressing Internet-related privacy concerns?
• What challenges do innovations
Questions for Comment
Roundtable # 2
• What challenges do innovations in the digital environment pose for consumer privacy, and how can those challenges be addressed without stifling innovation or otherwise undermining benefits to consumers?
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www.internetlawcenter.netwww.ilccyberreport.wordpress.com (blog)
Bennet Kelley(310) 452-0401bkelley@internetlawcenter.net
Appendix
♦ Consumer Data Ecosphere Slides♦ Consumer Data Ecosphere Slides
♦ CRS Report on Advertising in Digital Age
♦ About the Internet Law Center
♦ About Bennet Kelley
Consumer Data Ecosphere
http://www.fas.org/sgp/crs/misc/R40908.pdf
The Internet Law Center is dedicated to helping businesses navigate the evolving legal standards for today’s digital economy, while also contributing to the development of the policies of tomorrow. The firm serves a diverse client base that includes startups and public companies both online and offline across North America and Asia.
The professionals of the Internet Law Center possess years of practical experience as lawyers and entrepreneurs with internet companies and have played a leading role in shaping Internet
About the Internet Law Center
companies and have played a leading role in shaping Internet law and policy. This unprecedented combination of business, legal and policy experience makes the Internet Law Center uniquely qualified to provide the professional advice needed to address emerging issues of internet law in an uncertain economy.
Sign up for the Cyber Report – our award winning newsletter which was named one of the Top 100 Internet Law Resources. It is also available on our blog (along with other materials) at www.ilccyberreport.wordpress.com.
Bennet is one of the nation’s leading Internet attorneys and founder of the Internet Law Center. He is Co-Chair of the California Bar Cyberspace Committee and a frequent speaker on the latest developments in Internet law at conferences throughout North America. Bennet also is a regular guest on Webmaster Radio’s “InBoxed”.
Bennet has played a leading role in shaping Internet law and
About Bennet Kelley
Bennet has played a leading role in shaping Internet law and policy having testified and lobbied on Internet issues in Washington and Sacramento, winning praise from a key Congressional committee for his contributions to federal spyware legislation.
In addition, the Internet Law Center’s bi-weekly newsletter, Cyber Report, was named one of the top 100 Internet law resources and recognized by the LA Press Club.