Note the disclaimer below, emphasized here
Seventy years ago yesterday, German troops invaded Poland. Thus began World War II—after twenty years of rising tension in Europe. For the next eight months, the world sat waiting for the other shoe to drop—the sitzkrieg (literally “sitting war”) or “Phoney War,” as the English dubbed it. Finally, Germany invaded France and the Low Countries in May 1940 and the real war in Europe had begun.
In an eerie coincidence, yesterday also marked the beginning of Privacy War II: A coalition of ten “privacy and consumer advocacy” groups launched an attack of their own against targeted advertising, calling for sweeping preemptive privacy regulation to stop the much-dreaded “behavioral advertising” (customizing online ads to consumers likely interests based on “tracking” the websites they visit). This war rests on a much-repeated, but little-examined rhetorical fiction (much as the German invasion of Poland was justified by a staged “Polish” attack on a German radio station near the border): Consumers are in dire peril if government does not act to protect them from… what, exactly?
What Churchill said of the debt owed by the British people to the heroic airmen of the RAF during the Battle of Britain could be said about online advertising over the last decade: “Never was so much owed by so many to so few.” Never before has advertising done so much good for consumers in funding innovation and creativity on so broad a scale for so many. Yet never before has advertising been so reviled in Washington as now.
No, I’m not actually comparing the coalition to Hitler [I've added the emphasis here since many readers seem to have missed this disclaimer, and followed up with a re-emphasis here] (surely the dirtiest rhetorical trick in the book), despite my tongue-in-cheek title. But I would be remiss as an armchair historian for not pointing out the significant parallels between the pattern of the World Wars and the Privacy Wars. Whether one wants to say that the “opening shot” of Privacy War II was fired yesterday or at one of the hearings or FTC Town Hall meetings held over the last two years, we clearly are in a sitzkrieg phase of this great Conflict of Visions over information, the great currency of the online economy: The shooting has started, but the real battle won’t start until Chairman Boucher actually introduces his much-anticipated legislation. Continue reading →
The leading trade associations in the online advertising industry have just released their new self-regulatory principles—the first comprehensive self-regulatory principles industry has produced, which track closely with the suggested guidelines released by the FTC in February.
I commend the industry for setting a new standard in transparency, consumer control and data security. These Principles do much to empower Americans to make their own decisions about privacy, but I fear that many critics of so-called “targeted advertising” will never be satisfied, no matter how high industry raises the bar.
These critics have insisted that ordinary users can’t be trusted to make the “right decisions” about privacy and have insisted on imposing restrictive default “opt-in” rules for the online data collection that makes online advertising valuable to websites that rely on ad revenue. Such pre-emptive privacy regulation would stunt the growth of revenue for the “Free” online content and services we’ve all come to take for granted. During a time of economic recession, and as traditional media like newspapers struggle to make the transition from print to the Internet, it’s more important than ever that policymakers allow self-regulation to evolve. Only by doing so can we expect continued innovation and creativity online. We must all remember: There is no free lunch!
I’ll lead a panel discussion on July 10 on Capitol Hill about “Regulating Online Advertising: What Will it Mean for Consumers, Culture & Journalism?” Please RSVP here.
Adam Thierer and I have been trying to drive home a simple message in the ongoing debate about targeted online advertising and privacy: ”There is no Free Lunch!” We don’t have a lot of friends in this debate, since nearly everyone else seems to assume that online content and services will just continue to fall like manna from heaven if politicians strangle advertising online. So I was particularly heartened to read the following from Shelly Palmer:
This is the most serious question facing content producers today. Content costs money to produce. Third-party advertising/sponsor support is one model, promoting your own products is another, subscription is a third. At the end of the day, there are only three ways it works: I pay, you pay or someone else pays. Unfortunately, there is no business model called “no one pays.” In the case of MediaBytes, the model is “I pay.” It works for me as stated above. But, apparently, a fairly large number of people in my audience are uninterested in seeing even relevant product offerings. Is advertising over? If so, what’s next?
Amen! Shelly hosts a daily Internet talk show on technology and media called MediaBytes. He recently tried inserting a short ad at the beginning of the show to cover the significant costs of production:
The show is produced every business day and requires a research staff, a writer (me), an editor, an encoding/distribution manager and an affiliate relations staff. The reason for the production overview is that, this particular two-minutes may look like a talking head combined with some graphics and clips, but the work flow for any given show takes approximately 6 hour and all of the people involved in the production are on salary here at Advanced Media Ventures Group. And, for the record, MediaBytes, and the associated production materials, takes up approximately 25% of my day.
Unfortunately, Shelly’s audience seemed to feel entitled to receive the fruit of his hard work for free—without suffering the agony of watching… horror of horrors: advertising!. Continue reading →
Adam Thierer & I have just released a detailed examination (PDF) of brewing efforts to expand the Children’s Online Privacy Protection Act of 1998 to cover adolescents and potentially all social networking sites—an approach we call “COPPA 2.0.”
As Adam explained on Larry Magid’s CNET podcast, COPPA mandates certain online privacy protections for children under 13, most importantly that websites obtain the “verifiable consent” of a child’s parent before collecting personal information about that child or giving that child access to interactive functionality that might allow the child to share their personal information with others. The law was intended primarily to “enhance parental involvement in a child’s online activities” as a means of protecting the online privacy and safety of children.
Yet advocates of expanding COPPA—or “COPPA 2.0″—see COPPA’s verifiable parental consent framework as a means for imposing broad regulatory mandates in the name of online child safety and concerns about social networking, cyber-harassment, etc. Two COPPA 2.0 bills are currently pending in New Jersey and Illinois. The accelerated review of COPPA to be conducted by the FTC next year (five years ahead of schedule) is likely to bring to Washington serious talk of expanding COPPA—even though Congress clearly rejected covering adolescents age 13-16 when COPPA was first proposed back in 1998.
We’ll discuss some of the key points of our paper in a series of blog posts, but here are the top nine reasons for rejecting COPPA 2.0, in that such an approach would:
- Burden the free speech rights of adults by imposing age verification mandates on many sites used by adults, thus restricting anonymous speech and essentially converging—in terms of practical consequences—with the unconstitutional Children’s Online Protection Act (COPA), another 1998 law sometimes confused with COPPA;
- Burden the free speech rights of adolescents to speak freely on—or gather information from—legal and socially beneficial websites;
- Hamper routine and socially beneficial communication between adolescents and adults;
- Reduce, rather than enhance, the privacy of adolescents, parents and other adults because of the massive volume of personal information that would have to be collected about users for authentication purposes (likely including credit card data);
Continue reading →
I was reading this Sun Magazine interview with the always-interesting Nick Carr and I liked what he had to say here about the public’s inconsistent views on privacy:
If you ask people whether they’re concerned about the ability of the government or corporations to gather information about them online, they’ll say yes. But if you look at how they behave online, they don’t display much fear of exposing themselves. What that says about people — and it’s true for most of us — is that we will readily forgo our privacy in exchange for convenient and useful services, particularly if they’re free. That’s a trade-off you make all the time on the Internet. Even if people were more conscious of how this information might be exploited, I doubt most would change their behavior.
This reminds me of the classic “hamburgers for DNA” quip from security expert Bruce Schneier who once famously noted that:
If McDonalds in the United States would give away a free hamburger for an DNA sample they would be handing out free lunches around the clock. So people care about their privacy, but they don’t care to pay for it. In the United States we have frequent shopper cards, which will track down people’s purchases for a 5 cents discount on a can of tuna fish. I don’t think you can convince the public to care about it.
Continue reading →
The WSJ reports that a study will be released tomorrow noting an 8% drop in total “paid search” revenues in 2008. Google’s Fourth Quarter results will be released Thursday. While this is clearly bad news for Google, Yahoo!, Microsoft and other companies that sell ads next to the results of their search engines, it’s also terrible news for the Internet users who have come to take for granted not just these free search engines, but the other free services and content cross-subsidized by search ad revenue. A quick look at the offerings pages of Google, Yahoo! and Microsoft (downloads and some services) should remind you of a few of these ad-supported offerings.
What’s even worse for users is that search ad spending may be the “canary in the coalmine” for online advertising overall: A drop in search ad spending may suggest that display ad revenue for 2008 may have fared even worse. While search ad revenue funds offerings from search engine providers, display ad revenue is the bread & butter of millions of websites, from the “short head” (big websites like ESPN.com) to through the “long tail” (small websites). As advertisers cut back on buying web ads, there will be less funding available for “Free!” culture—and we’ll all suffer from the resulting decline in creativity and innovation.
Let’s hope 2009 is a better year for advertising—both search and display—than 2008.
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Posted in: Advertising & Marketing, Media Regulation, Privacy, Security & Government Surveillance 
The Technology Liberation Front is the tech policy blog dedicated to keeping politicians' hands off the 'net and everything else related to technology.
