Archives: Behavioral Advertising

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California Passes Groundbreaking Data Privacy Law Granting Consumers Expansive Privacy Rights

By Alan L. Friel and Niloufar Massachi on Posted in Advertising, Behavioral Advertising, CCPA, Marketing
California has passed an unprecedented privacy law that protects consumers’ rights by providing them with a greater degree of transparency and choice with respect to their personal information online. On June 28, 2018, Assembly Bill 375 was signed into law by Gov. Jerry Brown as the California Consumer Privacy Act of 2018 (CCPA) just hours … Continue Reading

California Legislative Effort to Avert Privacy Ballot Initiative a Race Against the Clock

By Alan L. Friel and Niloufar Massachi on Posted in Advertising, Behavioral Advertising, Online Privacy, Retail Industry, State Legislation
On Thursday, June 22, 2018, a previously dead California Assembly bill, AB 375, was revised as a proposed alternative to the ballot initiative known as the California Consumer Privacy Act of 2018 (CCPA),[1] which is expected to be on the November ballot. It was read a third time and amended on June 25 and re-referred to … Continue Reading

California Legislature Working Feverishly To Avert Privacy Ballot Initiative

By Alan L. Friel on Posted in Advertising, Behavioral Advertising, Online Privacy, Retail Industry, State Legislation
We have previously reported a ballot initiative known as the California Consumer Privacy Act of 2018 (“CCPA”), that is expected to be on the November ballot.  If passed, it would make sweeping changes to consumer privacy protection rights for Californians, likely creating a new national standard.  On June 21st, the California Assembly amended AB- 375, … Continue Reading

The Video Privacy Protection Act: Watching the Courts Through Crossed Eyes

Photo of Carolina AlonsoBy Carolina Alonso, Alan L. Friel and Niloufar Massachi on Posted in Advertising, Behavioral Advertising, Children’s Privacy, Geolocation, Information Governance, Information Security, Marketing, Online Privacy, Privacy Class Actions
The Video Privacy Protection Act (VPPA), passed by Congress in 1988, is intended to prevent a “video tape service provider” from “knowingly” disclosing an individual’s “personally identifiable information” (PII) to third parties where that individual “requested or obtained … video materials,” such as “prerecorded video cassette tapes or similar audio visual materials.” At the time … Continue Reading

Massachusetts AG Settlement Bars Geofencing Near Medical Facilities

Photo of Melinda L. McLellanPhoto of Stephanie LucasBy Melinda L. McLellan and Stephanie Lucas on Posted in Behavioral Advertising, Geolocation, Marketing, Medical Privacy, Mobile Privacy, State Legislation
On April 4, 2017, the Massachusetts Attorney General’s office announced that it had settled with a digital advertiser following allegations the company was using geolocation technology to target ads to women visiting reproductive health facilities. Although the company denied that it geofenced clinics in Massachusetts, the AG indicated that such targeting would violate the Massachusetts … Continue Reading

FCC Broadband Privacy Rule Dead and Buried

By Alan L. Friel, Moustafa Badreldin and Benjamin Barnes on Posted in Behavioral Advertising, Cybersecurity, Federal Legislation
The Federal Communications Commission (FCC) Privacy and Data Security Rule for broadband internet access service (BIAS) providers (the Privacy Rule) is dead. As we discussed here, the new rule that was set to start phased implementation was recently put on hold. We detailed what the Privacy Rule would have required in prior blog posts available … Continue Reading

Unexpected Consumer Data Collection Concerns FTC

By Alan L. Friel and Benjamin Barnes on Posted in Behavioral Advertising, Big Data, Geolocation, Marketing, Mobile Privacy, Retail Industry
The Federal Trade Commission (FTC) has been turning its attention to consumer data collection and use that consumers may not expect, such as tracking of TV viewing by smart TVs, and use of cross-device technologies and techniques to try to associate users and households to multiple devices (e.g., TVs, mobile phones, tablets, computers, and other … Continue Reading

FTC’s $2.2m Smart TV Settlement Signals Continued IoT Enforcement Focus

Photo of Melinda L. McLellanBy Alan L. Friel and Melinda L. McLellan on Posted in Behavioral Advertising, Big Data, Enforcement, Information Security, Internet of Things, Marketing, Online Privacy
On February 6, 2017, the Federal Trade Commission announced that it had settled charges against VIZIO, Inc., a consumer electronics manufacturer of Internet-connected televisions. The FTC alleged that VIZIO unfairly tracked sensitive TV viewing data of millions of American consumers, and deceptively failed to disclose how the collected data was being used. This action was … Continue Reading

FTC Settles with Ad Tech Company Over Deceptive Online Tracking Practices

Photo of Melinda L. McLellanPhoto of Robyn M. FeldsteinBy Melinda L. McLellan and Robyn M. Feldstein on Posted in Behavioral Advertising, Enforcement, Marketing, Mobile Privacy, Online Privacy
On December 20, 2016, the Federal Trade Commission (FTC) announced that Turn Inc. agreed to settle charges that it misled consumers about its online tracking activities and failed to honor consumer opt-outs as described in its privacy policy. Background Turn is a digital advertising company that facilitates targeted marketing by commercial brands and ad agencies … Continue Reading

Ad Industry Enforcer Issues Reminder That Notice and Choice Are Musts for Companies Engaged in Interest-Based Advertising and Native Advertising

By Alan L. Friel, Daniel Goldberg and Maryanne Stanganelli on Posted in Behavioral Advertising
The Online Interest-Based Advertising Accountability Program (Accountability Program), which enforces the advertising industry’s self-regulatory system administered by the Council of Better Business Bureaus, has published the resolution of two formal inquiries into the privacy practices of The Hollywood Reporter (Hollywood) and Varick Media Management (Varick). According to the Accountability Program, both Hollywood and Varick violated … Continue Reading

The FTC and DAA Set Their Sights on Cross-Device Tracking

By Alan L. Friel and Daniel Goldberg on Posted in Behavioral Advertising, Big Data
Gone are the days of single-browser tracking. Accordingly, cross-device tracking – the process of tracking a single consumer across all of the consumer’s devices – is the new Holy Grail for marketers. Both the Federal Trade Commission (FTC) and the Digital Advertising Alliance (DAA), a U.S. advertising industry self-regulatory program, have taken notice. On November … Continue Reading

Industry Regulatory Organization to Outbrain and Gravity: Interest-Based Native Advertising Must Comply With Self-Regulatory Principles

By Alan M. Pate on Posted in Behavioral Advertising
In two decisions issued last week, major native advertising players Gravity and Outbrain were found to have failed to comply with the online advertising industry’s self-regulatory principles for interest-based ads. The decisions, issued by the Better Business Bureau’s Online Interest-Based Advertising Accountability Program (OIBAAP), are the first to address whether native advertising targeted toward consumers’ … Continue Reading

Guidance on Mobile Device and Cross-App Data Collection and Interest-Based Ads

By Alan L. Friel on Posted in Behavioral Advertising
In a September post, we announced that the DAA had begun enforcing its Guidelines for Mobile Advertising.  Publishers, advertisers and ad networks need to know what they should be doing to comply with the DAA’s self-regulatory program for mobile app and cross-app data collection, including regarding interest-based ads, precise location data and device data access. … Continue Reading

DAA Begins Enforcing Its Guidelines for Mobile Advertising This Month: What You Should Know in Order to Prepare

By Alan M. Pate on Posted in Behavioral Advertising
Effective September 1, 2015, the Digital Advertising Alliance (DAA) is now enforcing its Self-Regulatory Principles for Online Behavioral Advertising and Multi-Site Data (collectively, the “Principles”) in the mobile ecosystem. The DAA, a cross-industry, self-regulatory group of advertising and media companies, has until now focused its enforcement of the Principles exclusively on the desktop browser environment. … Continue Reading

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part V

Photo of Fernando A. Bohorquez, Jr.By Fernando A. Bohorquez, Jr. and Alan M. Pate on Posted in Behavioral Advertising
In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin,[1] we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the practice.  After canvassing the many faces of native advertising and the applicable law, the series ultimately examines the pervasive assumption … Continue Reading

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part IV

Photo of Fernando A. Bohorquez, Jr.By Fernando A. Bohorquez, Jr. and Alan M. Pate on Posted in Behavioral Advertising
In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin,[1] we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the practice.  After canvassing the many faces of native advertising and the applicable law, the series ultimately examines the pervasive assumption … Continue Reading

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part III

Photo of Fernando A. Bohorquez, Jr.By Fernando A. Bohorquez, Jr. and Alan M. Pate on Posted in Behavioral Advertising
In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin,[1] we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the practice.  After canvassing the many faces of native advertising and the applicable law, the series ultimately examines the pervasive assumption … Continue Reading

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part II

Photo of Fernando A. Bohorquez, Jr.By Fernando A. Bohorquez, Jr. and Alan M. Pate on Posted in Behavioral Advertising
Editor’s Note: This blog post was originally published on September 8, 2014, courtesy of iMedia Connection’s Blog. It is repurposed with permission. In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin,[1] we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the … Continue Reading

All Native Advertising is Not Equal: Why that Matters Under the First Amendment and Why it Should Matter to the FTC – Part I

Photo of Fernando A. Bohorquez, Jr.By Fernando A. Bohorquez, Jr. and Alan M. Pate on Posted in Behavioral Advertising
Editor’s Note: This blog post was originally published on September 2, 2014, courtesy of iMedia Connection’s Blog. It is repurposed with permission. In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin,[1] we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the … Continue Reading

Media Convergence and Privacy Attorney Alan Friel Joins BakerHostetler in LA

Photo of BakerHostetlerBy BakerHostetler on Posted in Behavioral Advertising, Marketing, Online Privacy, Social Media
BakerHostetler is proud to announce that Alan Friel has joined the firm, resident in the Los Angeles office and practicing in the Intellectual Property Group, as a key member of the Privacy and Data Protection and the Information Technology and Transaction teams. Friel’s practice focuses on intellectual property transactions, regulatory schemes, and privacy and consumer … Continue Reading

iBeacons Usher in New Era of Mobile Advertising in 2014, Raise Old Privacy Concerns

Photo of Fernando A. Bohorquez, Jr.By Fernando A. Bohorquez, Jr. and Alan M. Pate on Posted in Behavioral Advertising, Marketing, Mobile Privacy, Online Privacy
Editor’s Note: This blog post was originally published on February 6, 2014 courtesy of iMedia Connection’s Blog. It is repurposed with permission. Remember that scene from Minority Report? The one where John Anderton (Tom Cruise) takes a trip to GAP, virtual billboards call out his name and bombard him with offers as he walks through … Continue Reading

The FTC Mobile Privacy Staff Report

By Michael Young on Posted in Behavioral Advertising, Enforcement, Mobile Privacy, Online Privacy
As reported here, the FTC earlier this month released a staff report on mobile privacy. The report, Mobile Privacy Disclosures: Building Trust Through Transparency, provides privacy practice recommendations to firms operating in the mobile app development “ecosystem.” The report’s recommendations are geared mainly toward developers and app store operators, such as Apple, Google, or Microsoft. … Continue Reading

Video Interview: Discussing the Potential Impact of the FTC’s “Do Not Track” Initiatives on Premium Online Content with LXBN TV

Photo of Gerald J. FergusonBy Gerald J. Ferguson on Posted in Behavioral Advertising
This week Gerald Ferguson, National Co-Leader of the Baker Hostetler Privacy Security and Social Media Team had the opportunity to speak with Colin O’Keefe of LXBN TV on the subject of a post from last week: “FTC’s “Do Not Track” Initiative Could Create New Market for “Paid For” Internet Content.” In the post, Mr. Ferguson discussed the … Continue Reading
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