Some of the advertising that is done online comes with hooks. Using a variety of technologies, some largely unseen, online advertisers can track online activities, sometimes in profound ways that consumers are not expecting. Not all online advertising has “hooks” that are problematic or that raise privacy challenges. But a type of advertising called “behaviorally targeted advertising” often does. Behavioral advertising has two key components: tracking and targeting.

NTIA Multistakeholder Process — The US Department of Commerce has announced that it is supporting privacy legislation and a “stakeholder process” to determine self regulatory rules for Internet privacy. WPF wrote about what a fair stakeholder process needs to include in our comments to the US Department of Commerce. We urge that at a minimum, the stakeholder process will include these items: 1) Consumer and business representation be equal in any multi-stakeholder process. 2) Approval of consumer representatives must be a necessary element in any formal decisions, just as the approval of business will be necessary. 3) Consumers must select their own representatives through a process yet to be determined, and consumer representatives may not be designated or limited by business or government. 4) Consumer organization that require financial assistance to participate in the multi- stakeholder process should receive support for travel and other expenses (but not for staff support). 5) Government agencies may participate in the process, but no agency may have a vote. 6) Participants in the process must chose their own rules and presiding officer. 7) Certifiers of accountability with codes of conduct should be not-for-profit organizations that are wholly independent of business, consumers, and government.

The World Privacy Forum submits these comments to the European Advertising Standards Alliance on its Best Practice Recommendation on Online Behavioural Advertising.

Comments on EASA –The World Privacy Forum submitted comments today on the European Advertising Standards Alliance’s Best Practice Recommendation on Online Behavioural Advertising. Our comments focus upon three key areas: First, the EASA recommendation fails to recognize the protection of consumer privacy in Online Behavioral Advertising (OBA) as a key policy goal. Second, the recommendation’s protections are narrow, creating illusory protections for user privacy, whether or not they opt out of OBA. Finally, we critique the oversight and compliance mechanisms, which are not likely to foster consumer confidence nor police the industry. Drawing upon the WPF’s 2007 report, The NAI: Failing at Consumer Protection and at Self-Regulation, the comments argue that EASA’s approach suffers from the same weaknesses as self-regulatory approaches deployed in the United States, and that European lawmakers should not replicate the failed American approach. Law students from the Samuelson Law, Technology & Public Policy Clinic helped draft the comments as part of an ongoing project on consumer privacy and OBA.

The World Privacy Forum filed comments with the FTC in response to its preliminary staff report, Protecting Consumer Privacy in an Era of Rapid Change: A Proposed Framework for Businesses and Policymakers. In our comments, we urge the FTC to take affirmative steps to protect consumer privacy online and offline. Our comments include a brief history of privacy self regulation, and point out how privacy self regulation has consistently failed. The comments also discuss Do Not Track, and urge the FTC to take a broader look at tracking protections for consumers. WPF also specifically requested that the FTC identify credit reporting bureaus subject to Fair Credit Reporting Act regulations and assist consumers in locating those bureaus.