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The Federal Trade Commission (FTC) is getting tough on online viral marketing using blogs and other social networking sites. The proposed rules would make bloggers legally liable if they make untrue statements about products or services. Companies would face sanctions, too, if they use blogs and social networking sites to make untrue claims. "This impacts every industry and almost every single brand in our economy, and that trickles down into social media," Anthony DiResta, an attorney representing several advertising associations, told vnunet.com. The rules have been a long time coming. It's the first revision of the FTC's advertising rules since 1980. New kinds of marketing have sprouted in the last 30 years, but this is the first time the FTC is paying attention to these kinds of advertising practices. Not everyone agrees that this is a good idea. Richard O'Brien, vice-president of the American Association of Advertising Agencies, told the website, "Regulating these developing media too soon may have a chilling effect on blogs and other forms of viral marketing, as bloggers and other viral marketers will be discouraged from publishing content for fear of being held liable for any potentially misleading claim."

The Federal Trade Commission (FTC) is planning to regulate online viral marketing that uses blogs and social networking sites. Marketers are spending billions worldwide to get the endorsements of key bloggers and groups on social networking sites. One tactic, used by Microsoft and others, is to send products to bloggers on 'long-term loans' on the understanding that they will comment about them on their sites. AdvertisementUnder the new regulations being proposed, such bloggers would be legally liable if they make untrue statements about the products or services. The companies too would face sanctions. "This impacts every industry and almost every single brand in our economy, and that trickles down into social media," Anthony DiResta, an attorney representing several advertising associations, told The Financial Times. This is the first revision of the rules on this kind of advertising by the FTC since 1980 and is needed, according to the organisation, because new forms of communication have opened up new fields to marketing. "The guides needed to be updated to address not only the changes in technology, but the consequences of new marketing practices," said Richard Cleland, assistant director for the FTC's division of advertising practices. " Word-of-mouth marketing is not exempt from the laws of truthful advertising." Advertisers are resisting the changes, however, which threaten a highly effective form of marketing new products and services. "Regulating these developing media too soon may have a chilling effect on blogs and other forms of viral marketing, as bloggers and other viral marketers will be discouraged from publishing content for fear of being held liable for any potentially misleading claim," Richard O'Brien, vice president of the American Association of Advertising Agencies, said in an advisory to the FTC.

Last month, the digital advertising industry's use of behaviorally targeted advertising gained a reprieve of sorts when the Federal Trade Commission issued a final report confirming its earlier support of self-regulation. But some commission members remained concerned about ads that are shown to Web users based on their previous online activities, and in particular the possibility of violations of online privacy. Some form of legal restrictions may be imposed on the industry, the FTC indicated, if the online ad industry isn't up to the task of regulating itself. "Privacy is definitely the biggest concern today," said Joe Apprendi, CEO of Collective Media, an online advertising network based in New York. "There has been the concern that through such approaches as deep-packet technology, companies can leverage information through subscriber-based providers to marry anonymous behavioral segment data and identify real people. "The fact is, online advertising is subject to a higher standard that offline direct marketing tactics," Apprendi said. The FTC report, "Self-Regulatory Principles for Online Behavioral Advertising," continues to advocate voluntary industry self-regulation, in keeping with its principles governing online behavioral advertising issued at the end of 2007, despite the urgings of consumer advocacy groups that it impose rules regulating online advertising. The commission's new guidelines are based on four principles: * Transparency and consumer control. The commission advises that Web sites that collect data for behavioral advertising provide "a clear, concise, consumer-friendly and prominent statement" that the data are being collected to provide ads tailored to the user's interests and that the user has an easy and obvious way to choose whether to allow this. * Security for data retention. Companies that collect data for behavioral advertising should provide "reasonable" protection of that information and reta

"Iconix Brand Group, Inc. will pay a $250,000 civil penalty to settle Federal Trade Commission charges that it violated the Children's Online Privacy Protection Act (COPPA) and the FTC's COPPA Rule by knowingly collecting, using, or disclosing personal information from children online without first obtaining their parents' permission. Iconix owns, licenses, and markets - both offline and online - several popular apparel brands that appeal to children and teens, including Mudd, Candie's, Bongo, and OP. Iconix required consumers on many of its brand-specific Web sites to provide personal information, such as full name, e-mail address, zip code, and in some cases mailing address, gender, and phone number - as well as date of birth - in order to receive brand updates, enter sweepstakes contests, and participate in interactive brand-awareness campaigns and other Web site features. Since 2006, Iconix knowingly collected and stored personal information from approximately 1,000 children without first notifying their parents or obtaining parental consent, according to the FTC's complaint. On one Web site, MyMuddWorld.com, Iconix also enabled girls to publicly share personal stories and photos online, according to the complaint. "Companies must provide parents with the opportunity to say 'no thanks' to the collection and disclosure of their children's personal information," said FTC Chairman Jon Leibowitz. "Children's privacy is paramount, and Iconix really missed the boat by denying parents control over their kids' information online.""

Online ad industry will probably continue to be a hot-button if FTC Commissioner Jon Leibowitz is named chairman. The Federal Trade Commission may strengthen its focus on online advertising and privacy if, as is expected, current FTC Commissioner Jon Leibowitz is named chairman of the agency. "He would certainly keep privacy and online advertising as a focus of the FTC, so I think [his potential appointment] does matter," said Mike Zaneis, VP of public policy at the Internet Advertising Bureau. Reports indicate Leibowitz will be named as head of the commission, replacing William Kovacic. Kovacic replaced former Chairman Deborah Platt Majoras in March 2008, when she left to join the private sector as VP and general counsel of Procter & Gamble. "A kind of privacy switch is going to go on at the FTC [once the new chairman is named] and they're going to engage in this issue in a much more serious way," said Center for Digital Democracy Executive Director Jeff Chester. "Under a Leibowitz regime we would get the kind of serious industry analysis that so far has been lacking from the Bush era approach." "Leibowitz has been a leader on privacy issues," said Zaneis, who expects a Leibowitz-run FTC to continue along the agency's current path of pushing for industry self-regulation, rather than creating new regulations for online advertisers. As a commissioner, Leibowitz, a Democrat, has not ruled out FTC regulation of things like behavioral targeting. During a two-day FTC forum held in Washington, D.C. in 2007, Leibowitz noted, "The marketplace alone may not be able to solve all problems inherent in behavioral marketing." He revealed his sense of humor, adding, "If we see problems...the commission won't hesitate to bring cases, or even break thumbs."

As the impact of digital advertising on consumer privacy comes under scrutiny, AT&T is taking a stance in support of stricter standards. Rep. Rick Boucher (D., Va.), chairman of the subcommittee, said in an interview Wednesday that a statute is needed to regulate how companies collect, share and use data on consumers' behavior in targeting online advertising. While ad targeting on the Web has been at the forefront of privacy advocates' concerns, worries are growing about other media, ranging from mobile phones to emerging TV technologies. To sell marketers targeted ads, technology and media companies collect data about customers, ranging from the Web sites they visit to the neighborhoods they live in to the TV shows they watch. Marketers often will pay a premium for this form of advertising because it allows them to show their ads to consumers who are likelier to buy their products or services. "Pitfalls arise because behavioral advertising in its current forms is largely invisible to consumers," says Dorothy Attwood, AT&T's senior vice president of public policy and chief privacy officer, in prepared testimony she is expected to deliver at the hearing of the House Subcommittee on Communications, Technology and the Internet. Her statement says consumers don't fully understand that their online activity is used to create detailed profiles of them. Internet and other media companies say the data they use to target ads are anonymous and can't be traced to individual consumers. AT&T plans to argue that consumers should have "full and complete" notice of what information is collected about them and how it is used and protected, and should have tools that let them determine whether their Web activities are being tracked. The company says it won't use consumer information for online behavioral advertising unless it first obtains consent from the consumers involved. AT&T's stance contrasts with the position taken by most big Internet companies and industry trade grou

Lawmakers took aim at privacy practices of cable and Internet providers Thursday at a House subcommittee hearing, laying the groundwork for the introduction of legislation that could restrict companies' ability to target ads at consumers online. The focus of the hearing was on new efforts by Internet providers to collect and share data on consumers' behavior to target online advertising and by cable companies to target ads at subscribers via their set-top boxes. Lawmakers are concerned about consumer privacy as cable, phone and Internet companies experiment with Internet-based technologies that pinpoint advertising to consumers in new and more accurate ways. Legislation to impose tougher privacy rules could be coming later this summer.

The Federal Trade Commission is planning three public discussions, starting in December, devoted to technology and consumer privacy. According to the FTC, the roundtables will address topics such as social networking, cloud computing, online advertising and mobile marketing, the goal being "to determine how best to protect consumer privacy while supporting beneficial uses of the information and technological innovation." Behavioral advertising, in particular, has come under fire by privacy groups. Earlier this month, Electronic Frontier Foundation, Consumers Union and other related organizations called for stronger rules limiting what kinds of personal information are collected by marketers and how long they can hold on them.

Social networking phenomenon Facebook has beaten out arch-rival and former market leader MySpace by most measures of popularity, except the one that pays the bills. While Facebook has outpaced MySpace in bringing in members - it has 175 million active users at the latest count, compared with around 130 million for MySpace - it has struggled make money from them. While MySpace is closing in on $1 billion in revenues, Facebook generated less than $300 million in sales last year, reports say. Indeed, Facebook's efforts to drum up revenue have led to it repeatedly becoming the target of some of the biggest online privacy protests on the Web. Its most recent fight earlier this month followed Facebook's attempt to redefine its own rules and assert ownership over anything its members posted on the site. The company has since backed off and is rethinking its policies. Why hasn't Facebook benefited from the vaunted "network effect" that makes such services more valuable the more its adds members and connections between them? After all, Facebook is spreading quickly in nearly 100 languages, while MySpace has focused on the United States and five other markets where Web advertising flourishes. The answer may lie in the origins of the five-year-old site started by then Harvard University student Mark Zuckerberg. Its appeal at the outset was that it was a place where users could share tidbits of their personal lives with selected friends and acquaintances. This blurred the distinction between a private space and a public one. MySpace is more explicitly a public place where friends hang out in the equivalent of a cafe or a club and the aim is often to meet new people. Most of all, MySpace is a place to share music with other fans.

The use of data in the online world is being governed by the rules of the "Wild West," the European Commission will argue this week, in the clearest warning yet to Internet companies to curb how they use the information they collect on users. With concern growing over the amount of data gathered by the biggest players on the Internet, the comments will challenge the industry to agree on new principles for its use - or face a clampdown. Meglena Kuneva, the European consumer affairs commissioner, will argue that basic consumer rights are being violated by companies that profile and target consumers, according to a draft of a speech seen by the International Herald Tribune. "From the point of view of commercial communications," the draft speech reads, "the World Wide Web is turning out to be the world 'Wild West."' Kuneva is to deliver the speech to a meeting of around 200 industry and consumer representatives on Wednesday. Her comments reflect the anxiety of regulators on both sides of the Atlantic about the commercial use of information garnered through online tracking made possible via "cookies" - small files dropped into users' computers by the Web sites they visit. These cookies help companies take note of users' habits and can be sold to advertisers to help them target their marketing efforts. But their use raises serious questions about who knows which sites we visit and what they do with that information. In the United States, the chairman of the Federal Trade Commission, Jon Leibowitz, warned recently that, if the industry does not show it can protect users' privacy, it will invite legislation from Congress and a more regulatory approach from the F.T.C.

"U.S. marketers and consumer advocates are preparing for battle over the rules governing online advertising tailored to individual browsing habits, often tracked and collected without notice or permission. The U.S. Congress is due to intervene in the issue in the coming weeks, with a bill in the House of Representatives that would oblige websites to state explicitly how they use the information and allow those using the site to opt out. A billion-dollar industry and consumer privacy are at stake."

The European Commission threatened Britain with sanctions on Tuesday for allowing an Internet service provider to use a new advertising technology to track the Web movements of customers. The European telecommunications commissioner, Viviane Reding, said that use of a tracking tool created by Phorm violated European privacy laws. The country's largest service provider, BT, acknowledged last April that it used the tool without customers' consent in 2006 and 2007, Ms. Reding said. "European privacy rules are crystal clear: a person's information can only be used with their prior consent," Ms. Reding said. The case could become a test for the limits of ads that aim at online behavior. Supporters of the practice say it has the potential to transform advertising by allowing marketers to show Internet users only ads that are considered relevant to them, based on their surfing habits.

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