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Presentation for Beverly Hills Bar Ass'n on Nuts and Bolts of Online Advertising,
Citation preview
Bennet Kelley
www.internetlawcenter.net © 2014. Internet Law Center
ONLINE ADVERTISING 2014!
FTC SENDS INFORMATION REQUESTS TO DATA BROKERS
DEC 2012
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RAMIREZ CALLS FOR DO-NOT-TRACK MECHANISM THAT COVERS ALL DATA COLLECTION
APRIL 2013
“[C]onsumers still await an effective and functioning Do Not Track system, which is now long overdue”.
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FTC Sting of Data Brokers Shows High Rates of Abuse
MAY 2013
FTC approached 45 companies seeking such consumer financial data, and "10 appeared willing to sell information without complying with the requirements of the FCRA."
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DO NOT TRACK Debate Heats Up as Advocates Seize the Offensive
JUNE 2013
ü FTC Commissioner Brill cites Snowden fiasco in launching “Reclaim Your Name” initiative
ü Mozilla-Stanford team up for cookie clearinghouse to block 3rd party cookies
ü Still not operational 5
IAB DENOUNCES COOKIE CLEARINGHOUSE AS KANGAROO COURT CALLS MOZILLA’S MAYER “A BOLSHEVIK OF THE INTERNET WORLD”.
JUNE 2013
IAB: COOKIE CLEARINGHOUSE, “A NUCLEAR FIRST STRIKE AGAINST
ADVERTISERS” 6
CALIFORNIA PASSES PRIVACY LEGISLATION REQUIRING WEBSITE DISCLOSURE OF HOW THEY HANDLE DO NOT TRACK REQUESTS
ü The categories of personally identifiable information (“PII”) collected; ü the categories of third-parties with whom the information is shared; ü whether there is a process for the consumer to review information
collected and/or make changes; ü whether 3rd parties collect a user’s PII; and ü how the website responds to DNT requests. 7
FTC TO HOLD ANOTHER BIG DATA WORKSHOP
MAR 2014
ü How are companies utilizing these predictive scores? ü How accurate are these scores and the underlying data used to
create them? ü How can consumers benefit from the availability and use of these
scores? ü What are the privacy concerns surrounding the use of predictive
scoring? ü What legal protections currently exist for consumers regarding the
use of predictive scoring, both in the United States and internationally?
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ü HARRIS
FILES SUIT AGAINST DELTA OVER MOBILE APP
ü HARRIS RELEASES BEST PRACTICES GUIDE FOR MOBILE APP
DEC-JAN 2013-14
Delta won dismissal of suit on preemption grounds.
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FTC Releases Staff Reports on Mobi le Pr ivacy Disclosure and highl ight ing fai lure of disclosures in Mobi le Apps for Kids
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FTC TO HOLD
WORKSHOP ON MOBILE
DEVICE TRACKING
What different types of mobile device tracking are companies currently implementing, how do they work, and where are they used? What are the similarities or differences between mobile device tracking and online tracking technologies? What types of information and benefits do retailers gain from these technologies? What benefits do consumers derive from these technologies? What are the privacy and security risks associated with these technologies? How are companies addressing these risks? What information and choices are provided to consumers about this type of tracking? How anonymous is the tracking?
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FTC Updates Dotcom Disclosure Guidelines
Hey @InternetLawCent check out our new .com Disclosure Guides. Its Free*!
UPDATE PRIOR GUIDELINES TO ADDRESS ü SOCIAL
MEDIA
ü MULTIPLE PLATFORMS
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¡ PROMINENCE Is i t b ig enough for consumers to not ice?
¡ PRESENTATION Is wording and format easy for consumers to understand?
¡ PLACEMENT I s i t where consumers w i l l l ook?
¡ PROXIMITY I s i t c lose to the c la im i t qua l i fies?
THE FOUR PS
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MOBILE WEB
MULTI-PLATFORMS
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THE CURSE OF 140 CHARACTERS
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“Jul ie Brown – PS” Use Of Acronym Nobody’s Heard Of
UOANHO SYNDROME
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FTC ISSUES GUIDANCE TO SEARCH ENGINES
JUNE 2013
Results integrated into the natural search results, search engines should use: ¡ MORE PROMINENT SHADING that has a clear out l ine;
¡ A PROMINENT BORDER that dist inct ly sets off
advert is ing from the natural search results; or
¡ TEXT CUES 17
FTC WORKSHOP ON NATIVE ADVERTISING
Increasingly, advertisements that more closely resemble the content in which they are embedded are replacing banner advertisements – graphical images that typically are rectangular in shape – on publishers’ websites and mobile applications.
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FEB 2013
Another FTC No Action Letter
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Inc luding one on comparat ive pr ic ing, that might have spared Overstock ’s $6.42 mi l l ion judgment for decept ive pr ice adver t is ing.
MARCH APRIL 2013
AMAZON TAX HEADS TO WASHINGTON
ü NEW YORK HIGH COURT UPHOLDS AMAZON TAX
ü SENATE PASSES MARKETPLACE FAIRNESS ACT
“Don't tax you, don't tax me, tax that man behind the tree.”- Sen . Russell B. Long
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¡ Quill v North Dakota: Adopts Bright Line Rule under Due Process and Commerce Clause: Need Physical Presence in State to Be Required to Collect Sales Taxes 504 U.S. 298 (1992)
¡ New York “Amazon Tax”. Deemed to have in-state presence if § Affiliate Marketers who receive
commissions § generate gross receipts in
excess of $10,000 during preceding four quarters
AMAZON TAX
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¡ NEW YORK COURT PUNTS UPHOLDS LAW § The world has changed dramatically in the last two
decades, and it may be that the physical presence test is outdated. An entity may now have a profound impact upon a foreign jurisdiction solely through its virtual projection via the Internet. That question, however, would be for the United States Supreme Court to consider.
§ Amazon has filed petition for cert. Overstock.com v. New York, 20 NY3d 586 (2013).
¡ ILLINOIS SUPREME COURT STRIKES DOWN LAW § Violates Internet Tax Fairness Act (47 USC Section
151) by imposing discriminatory obligations. § Performance Marketing Ass’n v Hamer, 2013 IL
114496 (2013).
AMAZON TAX ALL EYES ON WASHINGTON
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SUPREME COURT DENIES CERT
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¡ MARKETPLACE FAIRNESS ACT STALLS IN THE HOUSE § Allow states to collect online
sales tax if they are part of Streamlined Sales and Use Tax Agreement
§ Small Business Exemption § Passed Senate 69-27 § Stalled in the House
AMAZON TAX ALL EYES ON WASHINGTON
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New York AG Busts 19 Companies for wr i t ing fake rev iews on Yelp etc. In December, Cal i forn ia AG fi les indictment against onl ine reputat ion company l inked to revenge porn s i te .
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XCENTRIC VENTURES, LLC v. ROBERTS et a l .
Court denies Rip-off Report request for preliminary injunction against company promoting boycott of its advertisers. 27
DEC 2010
Fighting Internet and Wireless Spam Act (C-28) passes
JULY 1, 2014
Law and Implementing Regs go into effect
Canada’s enforcement authorities indicated they were ramping up and their first enforcement priority would “the most egregious violators: the high-volume spammers, the 6,000 malicious URLs and the 20 botnets currently located in Canada.” Photo Creative Commons “Canada’s Gold” by Sheezix1000. 28
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ü Alteration of transmission data in an electronic message to a destination other than that specified by the sender without express consent; and
ü Installation of a computer program on another person's computer without express consent of the recipient.
ü Sending commercial email without express or implied consent of the recipient ü Implied consent if existing
business or non-business relationship;
ü Implied consent if posting email address on website or providing business card without a statement indicating not to send unsolicited commercial email .
ü Failure to include opt-out mechanism and identify the advertiser by name and address;
KEY PROHIBITIONS
THANK YOU!
Bennet Kelley Internet Law Center100 Wilshire #940Santa Monica, CA 90401www.internetlawcenter.net (310) 452-0401 [email protected] Twitter: InternetLawCent WPBlog: ILCCyberReport Sign Up for our Newsletter on our website. Also be sure to listen to Cyber Law and Business Report Wednesdays at 10AM Pacific on WebmasterRadio.fm. Download the WebmasterRadio mobile app and take us with you. Website: Cyberlawradio.com Twitter: CyberLawRadio
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