The Cybersecurity Law Report

Incisive intelligence on cybersecurity law and regulation

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By Topic: Online Advertising

  • From Vol. 3 No.6 (Mar. 22, 2017)

    Understanding Online Advertising Technology and the Pipeline Process 

    Understanding the technology behind online advertising is critical to navigate the significant privacy and other legal issues in play. The risks associated with getting it wrong are sizeable. For example, following nine years of litigation, Google Inc. has agreed to pay a $22.5 million settlement to a proposed class of advertisers who claimed Google had placed their ads on inactive websites. At a recent PLI program, Jonathan Mayer, Stanford University attorney and computer scientist, explained the technology behind tracking, targeting and ad delivery, as well as the “high-frequency trading for eyeballs” ad bidding exchange process. See also “Keeping Up With Technology and Regulatory Changes in Online Advertising to Mitigate Risks” (Jan. 6, 2016).

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  • From Vol. 3 No.2 (Jan. 25, 2017)

    Tracking Consumer Data: DAA Guidance Applies Core Principles to Cross-Device Technology

    No longer tied to a desk for internet browsing, consumers move among devices, platforms, software, apps and service providers. While the technology offers consumers great convenience and other benefits, it can also make them uneasy as new forms of tracking are continually being developed. On February 1, 2017, the Council of Better Business Bureaus and the Direct Marketing Association will begin enforcement of the Application of the Digital Advertising Alliance Principles of Transparency and Control to Data Used Across Devices. The guidance takes DAA standards and principles and applies those to the technology of cross-device tracking. “DAA has been really effective by focusing on advertising practices, like cross-app advertising or cross-device linking, rather than focusing on specific technologies,” because the technologies rapidly change, Lindsey Tonsager, a partner at Covington, explained. See also “FTC Chair Addresses the Agency’s Data Privacy Concerns With Cross-Device Tracking” (Nov. 25, 2015).

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  • From Vol. 2 No.17 (Aug. 24, 2016)

    Maximizing the Benefits of Big Data Within Permissible Bounds 

    Understanding how data is collected and shared is a critical component of cybersecurity and data privacy compliance. A recent PLI briefing looked at big data through the lens of businesses that use it for marketing, considering the various means by which it is collected, shared and used, the panoply of relevant laws and the related enforcement and litigation landscape. In addition to providing insight on these aspects, the program’s featured speaker, Robert H. Newman, a partner at Winston & Strawn, offered practical guidance for addressing big data issues in contracts and for dealing with data brokers. See also “Keeping Up With Technology and Regulatory Changes in Online Advertising to Mitigate Risks” (Jan. 6, 2016).

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  • From Vol. 2 No.4 (Feb. 17, 2016)

    Legal and Regulatory Expectations for Mobile Device Privacy and Security (Part Two of Two)

    Companies are capitalizing on increased personal and professional mobile device use by collecting, storing and sharing mobile-generated information to improve products and services and target advertising. During a recent webinar, WilmerHale partners D. Reed Freeman, Jr. and Heather Zachary examined the latest federal, state and self-regulatory privacy and data security expectations tied to mobile devices. In this second installment of our two-part series, Freeman and Zachary address: how to ensure compliance in the use of cross-device advertising and tracking; Telephone Consumer Protection Act lessons; and key differences in Canada and E.U. regulations. Part one covered how practitioners can navigate the regulatory environment for mobile advertising, including self-regulatory guidance and the increasingly important role of the FCC. See also “FTC Chair Addresses the Agency’s Data Privacy Concerns With Cross-Device Tracking” (Nov. 25, 2015).

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  • From Vol. 2 No.3 (Feb. 3, 2016)

    Legal and Regulatory Expectations for Mobile Device Privacy and Security (Part One of Two)

    With consumers now using mobile devices in nearly every aspect of their personal and professional lives, companies are collecting, storing and sharing information from mobile use for a wide range of initiatives such as improving products and services and targeted advertising. During a recent webinar, WilmerHale partners D. Reed Freeman, Jr. and Heather Zachary examined the latest federal, state and self-regulatory privacy and data security expectations. Part one in this two-part series covers the panelists’ detailed discussion about how practitioners can navigate the regulatory environment for mobile advertising, including self-regulatory guidance and the increasingly important role of the FCC. In part two, Freeman and Zachary address: how to ensure compliance in the use of cross-device advertising and tracking; lessons from the Telephone Consumer Protection Act; and key aspects of the E.U. and Canada’s mobile privacy and data security regulations. See also “FTC Chair Addresses the Agency’s Data Privacy Concerns With Cross-Device Tracking” (Nov. 25, 2015).

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  • From Vol. 2 No.1 (Jan. 6, 2016)

    Keeping Up with Technology and Regulatory Changes in Online Advertising to Mitigate Risks

    The advertising and marketing industries are continually transforming the ways they reach and track consumers.  These changes bring with them a moving target of privacy challenges as companies try to ensure security of the data they collect as well as legal and regulatory compliance.  At a recent PLI program, Joseph J. Lewczak, a Davis & Gilbert partner, and Matthew Haies, general counsel at global digital media platform Xaxis, analyzed the current state of consumer data collection and privacy issues in a discussion of technological, regulatory and legal developments.  See also “The Tension Between Interest-Based Advertising and Data Privacy” (Sep. 16, 2015).

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  • From Vol. 1 No.12 (Sep. 16, 2015)

    The Tension Between Interest-Based Advertising and Data Privacy

    How can companies employ interest-based online advertising – targeting the exact consumers they covet – without running afoul of data privacy laws?  During a recent panel at PLI’s Sixteenth Annual Institute on Privacy and Data Security Law, Julia Horwitz, coordinator of the Electronic Privacy Information Center’s Open Government Program and Noga Rosenthal, general counsel and vice president for compliance and policy for the Network Advertising Initiative, offered their perspectives on the current interest-based advertising (IBA) climate.  The panelists discussed the evolution of IBA, potential privacy pitfalls and how companies are self-regulating.

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