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Government Regulation: Everything Publishers Need to Know,

and Nothing They Don't.

Alan Chapell, JD, CIPP Chapell & Associates

Must be time for the privacy

guy to speak…

  Industry Self-Regulation   Network Advertising Initiative

  IAB / AAAA / DMA Coalition

  Government Regulation   FTC Principles

  Boucher Principles

  Privacy Advocates   CDT, CDD, FOPF, Soghoian

Lots of Moving Parts…

“Industry needs to do a better job of meaningful, rigorous self-regulation or it

will certainly invite legislation by Congress and a more regulatory

approach by our Commission. Put simply, this could be the last clear chance to

show that self-regulation can – and will – effectively protect consumers’ privacy in a

dynamic online marketplace.” FTC Chairman Jon Leibowitz

  In synch with privacy advocates’ views   “Privacy is an important value by itself”- it should be

protected even without quantifiable harm to consumers

  “Online behavioral tracking and targeting can be used to unfairly discriminate against consumers.”

  Notice and Choice for BT should exist OUTSIDE of the privacy policy   Non-PII BT more important than social security #?

  Town Hall Meetings – Dec 7 is the first

The New FTC

  Annenberg Study Conclusions   Consumers don’t like targeted ads

HOWEVER……….

  Consumers don’t like taxes – should we get rid of them?

  Do consumers like ANY advertising?

  Where is the study from Industry?   IAB Economic Impact study a good start

  Trade off between targeted ads and free content?

Consumer Research

  “Just a bill….”   Support in DC is inversely proportional to Industry Response

  Definitions are key   “third party” “ad network” “network operator”

  Safe Harbor   Participation in Industry Assoc more important than ever.

  Affirmative Consent vs. Opt-out Consent

Boucher Bill

  Notice OUTSIDE the Advertisement

  Opt-out Choice Protector

  Data Retention Standards

  Consumer Education   Other Industry Issues

  Educating Washington

  Flash cookies?

The Industry Response

Outside the Ad Notice

Outside the Ad Notice

  Join a Self-Reg Program (if you haven’t already)

  Participate in the Process

  Don’t throw each other under the bus in DC

  Vet your ad targeting partners   Hire a privacy officer (even part-time)

What Should You Do?

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QUESTIONS / DISCUSSION

Alan Chapell Chapell & Associates alan@chapellassociates.com