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…

Lots of Moving Parts…
  Industry Self-Regulation
  Network Advertising Initiative   IAB / AAAA / DMA Coalition

  Government Regulation
  FTC Principles   Boucher Principles

  Privacy Advocates
  CDT, CDD, FOPF, Soghoian

“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

The New FTC
  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

Consumer Research
  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?

Boucher Bill
  “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

The Industry Response
  Notice OUTSIDE the Advertisement   Opt-out Choice Protector   Data Retention Standards   Consumer Education   Other Industry Issues
  Educating Washington   Flash cookies?

Outside the Ad Notice

Outside the Ad Notice

What Should You Do?
  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)


Alan Chapell Chapell & Associates


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