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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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

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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

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Bennet has played a leading role in shaping Internet law and

About Bennet Kelley

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