Dealing with Pop-Ups Kellen Schefter Melike Abacioglu.

Dealing with Pop-Dealing with Pop-UpsUps

Kellen SchefterKellen Schefter

Melike AbaciogluMelike Abacioglu

Presentation OutlinePresentation Outline

Intro: Why talk about pop-ups?Intro: Why talk about pop-ups? Background Info: Background Info:

Definitions, History & Financial ConcernsDefinitions, History & Financial Concerns Ethical Discussion:Ethical Discussion: Legal Discussion: Legal Discussion: Policy Suggestions 1:Policy Suggestions 1: Policy Suggestions 2:Policy Suggestions 2:

Guidelines for Individuals and BusinessesGuidelines for Individuals and Businesses

Intro: Why Pop-Ups?Intro: Why Pop-Ups?

The cumulative effect of masses The cumulative effect of masses experiencing this new type of frustration experiencing this new type of frustration every day.every day.

Raise ethical questions at different levelsRaise ethical questions at different levels

Privacy, Autonomy, Sovereignty Privacy, Autonomy, Sovereignty It needs confrontation.It needs confrontation.

Background: DefinitionsBackground: Definitions

Banner ad

Pop-up ad

Pop-under ad

Floating ad

Adware

Spyware

Background: Background: History &FinanceHistory &Finance

Big business: $4.9 Billion in 1st quarter of 2007

In the beginning…banner ads

Rise of pop-up ads

Floating ads

Where will it end?

Ethical DiscussionEthical Discussion

There is something wrong: There is something wrong:

“ “If I were an average user, I probably If I were an average user, I probably wouldn’t want [pop-ups] either.” says wouldn’t want [pop-ups] either.” says the Chief operating officer of the Chief operating officer of SpecificMedia, an online advertising SpecificMedia, an online advertising firm that runs two networks of pop-firm that runs two networks of pop-under ads.under ads. (Cassavoy Liane) (Cassavoy Liane)


What is it so annoying about it?What is it so annoying about it?

“ “There are too many on the Web- way There are too many on the Web- way too many,” and he adds, “When we first too many,” and he adds, “When we first started, it was supposed to be one user started, it was supposed to be one user per day." per day."

Anarchic nature of Internet Anarchic nature of Internet Tolerability justifying ethicacyTolerability justifying ethicacy


With the development of the pop-up advertising With the development of the pop-up advertising the banner ads are no longer claimed to be as the banner ads are no longer claimed to be as intrusive. intrusive.

One user reacts to the ad automatically playing One user reacts to the ad automatically playing audio says, "If anything can be worse than audio says, "If anything can be worse than pop-ups, this is it. I hate this ad. Hate hate pop-ups, this is it. I hate this ad. Hate hate hate" (Nielsen, Jakob). hate" (Nielsen, Jakob).

Differences in Speed: Human Reaction Differences in Speed: Human Reaction Threshold vs. Development of TechnologyThreshold vs. Development of Technology


Let’s ask again: Let’s ask again:

What is so annoying?What is so annoying?

Ethical DiscussionEthical DiscussionSecond AnalysisSecond Analysis

““You people should be ashamed of yourself! I did not You people should be ashamed of yourself! I did not ask to have 3 pop ups come across my screen when I ask to have 3 pop ups come across my screen when I visit you. I do not visit singles sites, and I don’t want to visit you. I do not visit singles sites, and I don’t want to add 4 inches to my penis. As a matter of fact, I do not add 4 inches to my penis. As a matter of fact, I do not use any of the services that pop up on my screen. I use any of the services that pop up on my screen. I think it is disgusting that you money hungry bastards think it is disgusting that you money hungry bastards have infringed on my computer for your own selfish have infringed on my computer for your own selfish gain. From this moment on, I am boycotting you, and I gain. From this moment on, I am boycotting you, and I am advising EVERYONE I know to do the same thing. am advising EVERYONE I know to do the same thing. Down with you and your pop-up ads.” Down with you and your pop-up ads.”

Different types of ethical questions that pop-up ads Different types of ethical questions that pop-up ads raise. raise.

Ethical DiscussionEthical DiscussionFirst AnalysisFirst Analysis

Advertising of non-beneficial or harmful Advertising of non-beneficial or harmful productsproducts

Deception on two levels:Deception on two levels:

SpywareSpyware

Visual Tricks beyond Usual Advertising Visual Tricks beyond Usual Advertising Intrusive nature of pop-upsIntrusive nature of pop-ups

Ethical Discussion Ethical Discussion Second AnalysisSecond Analysis

Intrusive nature of pop-upsIntrusive nature of pop-ups Disempowerment of the customerDisempowerment of the customer They undermine the consciousness, They undermine the consciousness,

the autonomy, security of the userthe autonomy, security of the user Reallocation of financial and non-Reallocation of financial and non-

financial costs onto the customerfinancial costs onto the customer

Ethical DiscussionEthical DiscussionSecond AnalysisSecond Analysis

The terms of access are no longer determined The terms of access are no longer determined by the customers, which in turn threatens the by the customers, which in turn threatens the privacy and the autonomy of the individual privacy and the autonomy of the individual Internet user.Internet user.

"There is no more privacy. Get over it!" CEO of "There is no more privacy. Get over it!" CEO of Sun Microsystems, Scott Mc NealySun Microsystems, Scott Mc Nealy

What to do?What to do?

Legal DiscussionLegal Discussion

CopyrightCopyright

DerivativeDerivative

WorkWork

Legal DiscussionLegal Discussion

TrademarkTrademark

Federal Trade CommissionFederal Trade Commission

““unfair” and “deceptive”unfair” and “deceptive”

What to do?What to do?Policy Suggestions 1Policy Suggestions 1

A Federal Law is needed

Better deterrent Gives voice to the people Baseline standards

European Commission

Cooperation with industry

Consumer Education


INDIVIDUALS:INDIVIDUALS: Never click inside a pop up window. Never click inside a pop up window. Clean your computer with a reputable Clean your computer with a reputable

anti spyware program.anti spyware program. Use a pop-up blocker with a white pages Use a pop-up blocker with a white pages

function.function.


BUSINESSESBUSINESSES Failure to incorporate customer Failure to incorporate customer

experienceexperience CTR does not mean salesCTR does not mean sales Reputation of the brand, advertiser and Reputation of the brand, advertiser and

the company hosting advertisementthe company hosting advertisement


E-ETHICS: E-ETHICS:

Ethical interactivity between the Ethical interactivity between the businesses and the individual users has businesses and the individual users has to be increased, be more personalized to be increased, be more personalized and transparent. and transparent.


Guidelines:Guidelines:

What to do?What to do?Policy SuggestionsPolicy Suggestions

Guidelines:Guidelines:


Design Element: Users AnsweringDesign Element: Users Answering"Very Negatively” or “ Negatively”, Jacob Nielsen"Very Negatively” or “ Negatively”, Jacob Nielsen Pops-up in front of your window95%Pops-up in front of your window95% Loads slowly94%Loads slowly94% Tries to trick you into clicking on it 94%Tries to trick you into clicking on it 94% Does not have a "Close" button93%Does not have a "Close" button93% Covers what you are trying to see93%Covers what you are trying to see93% Doesn't say what it is for92%Doesn't say what it is for92% Moves content around92%Moves content around92% Occupies most of the page90%Occupies most of the page90% Blinks on and off87%Blinks on and off87% Floats across the screen79%Floats across the screen79% Automatically plays sound79%Automatically plays sound79%


Jacob Nielsen’s Study vs. Thou Shall Not Lie!Jacob Nielsen’s Study vs. Thou Shall Not Lie! Indicate what will happen if people click on Indicate what will happen if people click on

them, them, Relate to what people are doing online, Relate to what people are doing online, Identify themselves as advertisements, Identify themselves as advertisements, Present information about what they are Present information about what they are

advertising, and advertising, and Provide additional information without having to Provide additional information without having to

leave the page. leave the page.

Policy SuggestionsPolicy Suggestions

Education of Individuals and BusinessesEducation of Individuals and Businesses Adoption of E-EthicsAdoption of E-Ethics Third Party Baseline Regulations Third Party Baseline Regulations

SourcesSources

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Brain , Marshall . "How Web Advertising Works." How Stuff Works. 09 Jun Brain , Marshall . "How Web Advertising Works." How Stuff Works. 09 Jun 2007 <http://computer.howstuffworks.com/web-advertising.htm/printable>.2007 <http://computer.howstuffworks.com/web-advertising.htm/printable>.

Cassavoy, Liane. "Bye-Bye, Pop-Ups. Hello...?." PC World 08 Mar 2004 Cassavoy, Liane. "Bye-Bye, Pop-Ups. Hello...?." PC World 08 Mar 2004 09 June 2007 09 June 2007 <http://www.pcworld.com/article/id,115026-page,1/article.html>.<http://www.pcworld.com/article/id,115026-page,1/article.html>.

Stern, R.H.. "Challenging search engines and pop-ups under copyright Stern, R.H.. "Challenging search engines and pop-ups under copyright law-part 3." Micro, IEEE 24(2004): 6, 70-72.law-part 3." Micro, IEEE 24(2004): 6, 70-72.. .

Gauzente, Claire and Ranchhod Ashok. “Ethical Marketing for Competitive Gauzente, Claire and Ranchhod Ashok. “Ethical Marketing for Competitive Advantage on the Internet.” Academy of Marketing Science Review 2001 Advantage on the Internet.” Academy of Marketing Science Review 2001 (2002): 1-7.(2002): 1-7.<http://www.amsreview.org/articles/gauzente10-2001.pdf><http://www.amsreview.org/articles/gauzente10-2001.pdf>

Sources:Sources:

"Advertising.com Settles FTC Adware Charges." Federal Trade "Advertising.com Settles FTC Adware Charges." Federal Trade Commission. 03 Aug 2005. 08 Jun 2007 Commission. 03 Aug 2005. 08 Jun 2007 <http://www.ftc.gov/opa/2005/08/spyblast.shtm>.<http://www.ftc.gov/opa/2005/08/spyblast.shtm>.

"Zango, Inc. Settles FTC Charges." Federal Trade Commission. 03 Nov "Zango, Inc. Settles FTC Charges." Federal Trade Commission. 03 Nov 2006. 08 Jun 2007 <http://www.ftc.gov/opa/2006/11/zango.shtm>.2006. 08 Jun 2007 <http://www.ftc.gov/opa/2006/11/zango.shtm>.

"Tougher anti-spyware legislation gets US approval." PC Pro. 07 June "Tougher anti-spyware legislation gets US approval." PC Pro. 07 June 2007. 09 Jun 2007 <http://www.pcpro.co.uk/news/115082/tougher-2007. 09 Jun 2007 <http://www.pcpro.co.uk/news/115082/tougher-antispyware-legislation-gets-us- approval.html>.antispyware-legislation-gets-us- approval.html>.

"On Fighting spam, spyware, and malicious software." Commission of the "On Fighting spam, spyware, and malicious software." Commission of the European Communities COM 68815 Dec 2006 1-12. 11 June 2007 European Communities COM 68815 Dec 2006 1-12. 11 June 2007 <http://ec.europa.eu/information_society/policy/ecomm/doc/info_centre/<http://ec.europa.eu/information_society/policy/ecomm/doc/info_centre/communi c_reports/spam/com_2006_0688_f_en_acte.pdf>.communi c_reports/spam/com_2006_0688_f_en_acte.pdf>.

Sources:Sources:

Palmer, E. Daniel. "Pop-ups, Cookies, and Spam: Toward a Deeper Analysis Palmer, E. Daniel. "Pop-ups, Cookies, and Spam: Toward a Deeper Analysis of the Ethical Significance of Internet Marketing Practices." Journal of of the Ethical Significance of Internet Marketing Practices." Journal of Business Ethics 25 (2005): 271-280.Business Ethics 25 (2005): 271-280.

"Pop-up Ad Spammers Settle FTC Charges." Federal Trade Commission. 09 "Pop-up Ad Spammers Settle FTC Charges." Federal Trade Commission. 09 Aug 2004. 08 Jun 2007 <http://www.ftc.gov/opa/2004/08/dsquared.shtm>.Aug 2004. 08 Jun 2007 <http://www.ftc.gov/opa/2004/08/dsquared.shtm>.

““Pop-Up Advertisements: Ads or Adware?” Intranetjournal. 2007. 8 June Pop-Up Advertisements: Ads or Adware?” Intranetjournal. 2007. 8 June 2007.2007.<http://www.intranetjournal.com/spyware/popups.html><http://www.intranetjournal.com/spyware/popups.html>

““Pop-ups.” PCToday. September 2004. 8 June 2007.Pop-ups.” PCToday. September 2004. 8 June 2007.<http://www.pctoday.com/Editorial/article.asp?article=articles/WebOnly/<http://www.pctoday.com/Editorial/article.asp?article=articles/WebOnly/TechSupport/441w10/41w01.asp&guid=>TechSupport/441w10/41w01.asp&guid=>

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Sources:Sources:

Gesmer, Lee, and Susan Mulholland. "Pop-Up Ads, Trademark Law and Gesmer, Lee, and Susan Mulholland. "Pop-Up Ads, Trademark Law and the Meaning of “Use”." Technology Law Bulletin 12(2004): 1-2.the Meaning of “Use”." Technology Law Bulletin 12(2004): 1-2.

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THANK YOU.THANK YOU.

Dealing with Pop-Ups Kellen Schefter Melike Abacioglu.

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