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Big Brother may be at it again. Behavioral advertising - the tracking of consumer's Internet surfing activity to create tailored ads - has triggered an intense legal controversy that has law firms scrambling to stay on top of a burgeoning practice. Attorneys say that behavioral advertising is raising privacy, litigation and regulation fears among consumer advocates, the electronic commerce and advertising industries and legislators. Law firms are busy helping companies come up with a transparent way of letting consumers know that their online activities are being tracked and possibly shared. "Lawmakers and companies are having a tough time keeping up with this new frontier of Internet privacy issues, and there is growing consumer unrest about behavioral advertising, leading in some cases to consumer rebellion," said Lisa Sotto, a partner and head of the privacy and security data group in the New York office of Richmond, Va.-based Hunton & Williams. "Consumers find this type of tracking intrusive, and businesses are starting to take the consumer reaction seriously," she said. The buzz over behavioral advertising has been building since congressional hearings that were held last year, during which Congress called on Internet service providers (ISPs) to testify about a highly controversial advertising practice known as "deep-packet inspection." The practice gives companies the ability to track every Web site consumers visit and provides a detailed look at everything they're doing, such as where they're going on vacation, who is going, how much they spent on the trip and what credit card was used. But then came the first class action targeting behavioral advertising, filed against Foster City, Calif.-based NebuAd Inc., an online advertising company accused of spying on consumers from several states and allegedly violating their privacy and computer security rights. The lawsuit specifically alleges that NebuAd engaged in deep-packet inspection. Valentine v. Ne

Now, you can either use Collusion to shock and appall yourself, or you can use it to show friends and family just how rampant behavioral tracking is. Once your mother sees that no less than five companies track her behavior when she visits MSNBC.com, and six when she visits FoxNews.com, she might be a little more cautious. She might also ask if there's a way to block the tracking cookies - at which point you promptly install Ghostery and BetterPrivacy on her computer.

Big Brother may be at it again. Behavioral advertising -- the tracking of consumer's Internet surfing activity to create tailored ads -- has triggered an intense legal controversy that has law firms scrambling to stay on top of a burgeoning practice. Attorneys say that behavioral advertising is raising privacy, litigation and regulation fears among consumer advocates, the electronic commerce and advertising industries and legislators. Law firms are busy helping companies come up with a transparent way of letting consumers know that their online activities are being tracked and possibly shared. "Lawmakers and companies are having a tough time keeping up with this new frontier of Internet privacy issues, and there is growing consumer unrest about behavioral advertising, leading in some cases to consumer rebellion," said Lisa Sotto, a partner and head of the privacy and security data group in the New York office of Richmond, Va.-based Hunton & Williams. "Consumers find this type of tracking intrusive, and businesses are starting to take the consumer reaction seriously," she said. The buzz over behavioral advertising has been building since congressional hearings that were held last year, during which Congress called on Internet service providers (ISPs) to testify about a highly controversial advertising practice known as "deep-packet inspection." The practice gives companies the ability to track every Web site consumers visit and provides a detailed look at everything they're doing, such as where they're going on vacation, who is going, how much they spent on the trip and what credit card was used. But then came the first class action targeting behavioral advertising, filed against Foster City, Calif.-based NebuAd Inc., an online advertising company accused of spying on consumers from several states and allegedly violating their privacy and computer security rights. The lawsuit specifically alleges that NebuAd engaged in deep-packet inspection. Valentine v. Ne

In the 2002 film Minority Report, video billboards scanned the irises of passing consumers and advertised to them by name. That was science fiction back then, but today's marketers are creating digital signs that can display targeted ads based on information they extract from examining the contours of individual human faces. These smart signs are proliferating in commercial establishments and public places from New York's Times Square to St. Louis area shopping malls. They are a powerful innovation in advertising, but one that raises compelling privacy issues - issues that should be addressed now, before digital signs that monitor our behavior become the new normal. The most common name for this medium is digital signage. Most digital signs are flat-screen TVs that run commercials on a continuous loop in airports, gas stations, and anywhere else marketers think they can get your attention. However, marketers have had difficulty determining exactly who sees the display units, which makes it harder to measure viewership and target ads at specific audiences. The industry's solution? Hidden facial recognition cameras. The tiny cameras can estimate the age, ethnicity and gender of people passing by and can track how long a given person watches the display. The digital sign can then play an advertisement specifically targeted to whomever happens to be watching. Tens of millions of people have already been picked up by digital signage cameras. While camera-driven systems are the most common, the industry is also utilizing mobile phones and radio frequency identification (RFID) for similar purposes. Some companies, for example, embed RFID chips in shopper loyalty cards. Digital kiosks located in stores can read the information on the cards at a distance and then display ads or print coupons based on cardholders' shopping histories. Facial recognition, RFID and mobile phone tracking are powerful tools that should be matched by business practices that protect consu

In the 2002 film Minority Report, video billboards scanned the irises of passing consumers and advertised to them by name. That was science fiction back then, but today's marketers are creating digital signs that can display targeted ads based on information they extract from examining the contours of individual human faces. These smart signs are proliferating in commercial establishments and public places from New York's Times Square to St. Louis area shopping malls. They are a powerful innovation in advertising, but one that raises compelling privacy issues - issues that should be addressed now, before digital signs that monitor our behavior become the new normal. The most common name for this medium is digital signage. Most digital signs are flat-screen TVs that run commercials on a continuous loop in airports, gas stations, and anywhere else marketers think they can get your attention. However, marketers have had difficulty determining exactly who sees the display units, which makes it harder to measure viewership and target ads at specific audiences. The industry's solution? Hidden facial recognition cameras. The tiny cameras can estimate the age, ethnicity and gender of people passing by and can track how long a given person watches the display. The digital sign can then play an advertisement specifically targeted to whomever happens to be watching. Tens of millions of people have already been picked up by digital signage cameras. While camera-driven systems are the most common, the industry is also utilizing mobile phones and radio frequency identification (RFID) for similar purposes. Some companies, for example, embed RFID chips in shopper loyalty cards. Digital kiosks located in stores can read the information on the cards at a distance and then display ads or print coupons based on cardholders' shopping histories. Facial recognition, RFID and mobile phone tracking are powerful tools that should be matched by business practices that protect consu

"Madison Avenue has joined forces with Internet companies in a last-ditch attempt to stop privacy regulations over the $29 billion online-ad industry. The industry is finalizing an ad campaign to educate consumers about how digital advertising works, creating an icon that would appear on Web pages or ads alerting consumers if their activity is being tracked and deploying new technologies to police the Web for illegal activities. At issue is the practice of tracking consumers' Web activities - from the searches they make to the sites they visit and the products they buy - for the purpose of targeting ads. The efforts follow calls from the FTC earlier this year for Web advertisers and Internet companies to do a better job explaining how they track and use information about consumers' Web activities and creating a simple way consumers can opt out of being tracked. Meanwhile, scrutiny in Washington continues to build. Lawmakers and regulators have broadened their scope beyond the Internet and are starting to examine privacy practices for a wider swath of media and technologies, from mobile phones and newfangled interactive TV commercials to telephone pitches and the advertisements consumers receive in their mailboxes."

"Beginning next week, the FTC will hold a series of public roundtables covering the growing number of challenges to consumer privacy on the Internet. Dubbed "Exploring Privacy," the daylong discussions will focus on "the collection and use of information by retailers, data brokers, third-party applications, and other diverse businesses." Hold that yawn. Behavioral tracking and ad targeting have everything to do with the pesky "Warning!" pop-up blinking behind your browser window right now. The one that could shatter your online privacy. In advance of the roundtables, Fast Company spoke with online privacy advocates Jules Polonetsky, co-chair and director of the Future of Privacy Forum, and Ari Schwartz, vice president and chief operating officer of the Center for Democracy and Technology. Below, Polonetsky and Schwartz highlight five of most nefarious techniques used to trick and track you." 1. "Malvertising Gangs" 2. Flash Cookies 3. "Cookie appends" 4. Personal Health Data 5. ISP Tracking

"Sherry Natoli is followed everywhere she goes while shopping online, but she doesn't mind at all. Natoli, who owns a seashell business in Tampa, does all but her grocery shopping on the Internet and even opts in whenever she's asked whether she's willing to have her online movements tracked by websites." Companies have been monitoring our online behavior for almost as long as there's been an Internet, often using our online footsteps (cookies) whenever we search, browse or buy online. Tracking technology has advanced so much that everything from how long we linger over a product description to whether we are searching for sexual-dysfunction drugs can be collected and stored on individual profiles. Our profiles are numeric descriptions, not our real names, but in some cases, it's not hard to determine personal information behind the numbers. Privacy concerns abound, and several privacy and consumer groups are urging Congress to enact laws on what can and can't be collected and for how long.

I was at an advertising conference last week. Some folks are concerned that privacy advocates will press the government to regulate the most common of tracking technologies: behavioral targeting. That's the system that drops a cookie onto our computers to record many of our wanderings through the Web in hopes of targeting us with relevant ads. I had just written The Next Net, about how we'll be tracked on the mobile Internet. And I was thinking that if behavior targeting worries people, the data cascading from our phone use will terrify them. But there are also plenty of reasons to worry about regulation. First, there's a divide in our society between people extremely worried about erosion of privacy and others who appear, with their Web postings, videos and Tweets, to celebrate it. Which group wins? They both can. Take a look at this new friend-finding location-based application for Facebook, Locaccino. It comes out of Carnegie Mellon. The idea is that people can fine-tune their privacy profiles, deciding who can see where exactly they are, and who gets a blurrier vision, or none at all. The point is that millions of people are clearly eager to exchange all sorts of data. It's a way for them to learn, make friends, find things, and have fun. What's more, it supports a vibrant and innovative software market in a gloom-infested tech industry. Some of the innovation will go toward protecting privacy. Because privacy is something that both sides of this debate want and need, even if they don't agree on what it is. Regulations? The most important privacy regs, in my view, should mandate clear communications on how customer data will be used, and will limit tracking to those who have chosen to participate.

If behavioral targeting is the key to providing Web users with advertising that's better tailored to their particular needs and interests--instead of banner ads that they ignore--then what's the harm to consumers? That was a central question tackled by a panel of privacy and online marketing experts Thursday at the OMMA Behavioral conference in New York. Whether online user tracking--even when anonymous--represents a growing threat to privacy has become a hotly debated issue in the last year, with FTC, Congress and state governments considering increased regulation of behavioral targeting. For Jules Polonetsky, co-chair and director of the AT&T-funded think tank Future of Privacy Forum, that debate has become almost superfluous. Whatever side one takes, he emphasized that there is now a widespread perception among consumers and regulators that online tracking is creepy at the very least. The key to diffusing the controversy is for publishers and marketers to give Web users notice that their behavior is being tracked in order to provide them with more relevant content, recommendations and marketing offers.

Jan. 27 /PRNewswire-USNewswire/ -- Consumer Policy Solutions today released a new survey examining consumer awareness and understanding of online privacy. With Data Privacy Day tomorrow, this is an especially timely survey intended to help raise consumer awareness of privacy issues and give consumers the knowledge and tools needed for the privacy they desire online. Many consumers are not fully aware of the implications of their online activity and the "virtual breadcrumbs" they inadvertently leave behind when roaming from site to site. This survey, which follows closely on the heels of a Consumer Policy Solutions survey released in May that revealed protecting personal privacy is a top consumer concern, takes a closer look at consumers understanding of online privacy. Many respondents were unaware of the tracking, collecting and sharing of information that occurs as a result of online activities. "Consumers care about protecting their privacy on the Internet, but they do not necessarily know how to protect themselves nor do they understand how the process works," said Debra Berlyn, president of Consumer Policy Solutions. "Today is a great day to raise awareness of what the issues are for consumers. I think our survey serves as a good gauge of how consumers view their privacy online." In response to the findings of the survey, Consumer Policy Solutions is launching a website www.ConsumerPrivacyAwareness.org dedicated to educating and informing consumers about online privacy issues. The survey found that: * Consumers think they are knowledgeable about online privacy, but many are unaware of how their activity and behaviors can be followed and collected online. o 70% of Internet users say they are very or fairly knowledgeable about how to protect their personal privacy online o 42% are unsure whether their online activity is tracked and recorded by companies for commercial purposes o 12% believe that tracking by companies for co

A Harvard University fellow has developed a browser extension that stops advertising networks from tracking a person's surfing habits, such as search queries and content they view on the Web. The extension, called Targeted Advertising Cookie Opt-Out (TACO), enables its users to opt out of 27 advertising networks that are employing behavioral advertising systems, wrote Christopher Soghoian, who developed it, on his Web site. Soghoian, a fellow at the Berkman Center for Internet and Society at Harvard and a doctoral candidate at Indiana University, modified a browser extension Google released under an Apache 2 open-source license. Google's opt-out plugin for Internet Explorer and Firefox blocks cookies delivered by its Doubleclick advertising network. A cookie is a small data file stored in a browser that can track a variety of information, such as Web sites visited and search queries, and transmit that information back to the entity that placed the cookie in the browser. Google's opt-out plugin comes as the company announced plans last week to target advertisements based on the sites people visit. Targeted advertising is seen as a way for advertisers to more precisely find potential customers as well as for Web site publishers to charge higher advertising rates. But the behavioral advertising technologies have raised concern over how consumers get enrolled in the programs, what data is being tracked and how the data is protected.

The theft in 2006 of an employee laptop that contained personal information on millions of veterans taught the Veterans Affairs Department some hard lessons. VA became "the poster child of data breaches," said Kathryn Maginnis, the department's associate deputy assistant secretary for risk management and incident response. As a result of that incident and several breaches that followed, the department developed a comprehensive incident response program and incident resolution team that evaluates all serious exposures of sensitive data. "We have a culture of report, report, report," Maginnis said at the recent FOSE conference in Washington. The incident response program received a perfect score last year in the VA inspector general's Federal Information Security Management Act audit, and Maginnis said she expects to get another perfect score this year. The department developed two in-house online tools to help track and evaluate incidents, said Amanda Graves Scott, director of the incident resolution team. The Formal Event Review and Evaluation Tool uses a 56-question questionnaire to determine the risk category of a data breach, and the VA Incident Response Tracking System automates a manual tracking process for information technology incident response.

Better to settle with the FTC than get your company's reputation as consumer-friendly (deserved or not) dragged through the court of public opinion.

Sears Holdings has agreed to settle allegations it collected personal data from customers without adequate disclosures, the Federal Trade Commission said on Thursday. The FTC had accused Sears Holdings, created in 2005 with the merger of Sears and Kmart, of paying online customers $10 to allow the company to track their online browsing. But the FTC said Sears also collected information on non-Sears sites, such as online bank statements, drug prescription records and emails. "The software would also track some computer activities that were not related to the Internet," the FTC said in a statement. Sears did disclose all it would monitor in a lengthy user license agreement, but the FTC argued it was not enough. "The complaint charges that Sears' failure to adequately disclose the scope of the tracking software's data collection was deceptive and violates the FTC Act," the FTC said in a statement. Sears did not immediately reply to two telephone calls and one email seeking a comment. Under the settlement, Sears is required to destroy the data collected and make future disclosures more prominent.

Why Google isn't ready to be an Enterprise vendor

At the Google (NSDQ: GOOG) I/O developer conference this week, Google Inc. will host more than 80 technical sessions on all of the Google apps and platforms we've come to know -- Android, Chrome, App Engine, Web Toolkit, AJAX and others. When reviewing the Google I/O Schedule this morning, I was disappointed by what could not be easily found. The conference will run this week, May 28 to 29, in San Francisco, and Google is expecting more than 2,000 attendees. Unfortunately, a long perusal of the schedule shows plenty of tracks with Search, Scale, and Performance in the title -- but only one track with Security. What about Privacy? Well, there's no tracks highlighting data privacy, either. There is a session that covers federated identity management, Practical Standards-based Security and Identity in the Enterprise. And it looks promising, but federated authentication and authorization is more about making sure applications and people can interact securely, not that an application, itself, is inherently secure.

"I heard a rumor that I hope isn't true. Specifically, I heard that opting out of behavioral profiling may not stop advertising companies from tracking you as you travel across the Web. Rather, according to the rumor, in many cases you merely opt out of seeing the tailored ads your web history might otherwise trigger. The ability to opt out of behavioral profiling essentially underpins the argument for self-regulation by the industry. The idea is that (1) people like tailored ads and (2) those that worry about the practice, for instance, from a privacy perspective, can opt out of it. Setting aside the apparent frailty of cookie-based opt out (when you delete your cookies, you delete your opt out as well) and the availability of other means to track users (like flash cookies), this seems pretty straightforward and convincing. But what does "opting out" mean, exactly? A close look at the Network Advertising Initiative website, which offers an opt out tool on behalf of most major online advertisers, turns up no guarantee that opting out will stop a company from logging where a user has traveled."

"A key, centrist digital rights group is set to put out a report calling for strong federal privacy laws and guidelines to regulate the growing tracking and targeting of Americans online. It argues that the self-regulation approach that industry fights for just hasn't worked. The online ad industry has "historically failed to fully implement its self-regulatory principles," according to the 34-page draft report by the Center for Democracy and Technology. CDT is a centrist D.C. group that works with and is substantially funded by the tech industry, including companies like Facebook, Google and AOL that are deeply invested in targeted ads. "Recently revised self-regulatory principles still fall short (.pdf) even as written," charges the draft, obtained by Wired.com. These tough words spearhead a new tactic for a group more used to convening inside-the-Beltway tech policy forums than launching ACLU-style send-outraged-e-mail campaigns. The CDT, which splintered off from the rabble-rousing Electronic Frontier Foundation 15 years ago, is also planning to launch a "Take Back Your Privacy" campaign on Thursday, designed to garner support for its call for comprehensive federal privacy legislation. Dozens of tech firms, known and obscure, record users' behaviors as they interact with search engines, blogs, e-commerce sites and even government websites. The tracking goes on in the background with little knowledge by consumers and even less oversight from government authorities. The tech industry - like others subject to potentially blunt-forced government regulation - has argued that policing itself was enough to prevent egregious privacy intrusions that could proliferate without any real chance individuals would even be aware of them."

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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On November 1 and 2, 2007, the Federal Trade Commission will host a Town Hall entitled "Ehavioral Advertising: Tracking, Targeting, and Technology." The event will bring together consumer advocates, industry representatives, technology experts, and academics to address consumer protection issues raised by the practice of tracking consumers' activities online to target advertising - or "behavioral advertising." The Town Hall is a follow-on to a dialogue on behavioral advertising that emerged at a November 2006 FTC forum, "Tech-Ade," which examined the key technological and business developments that will shape consumers' core experiences in the coming ten years. In addition, several consumer privacy advocates, as well as the State of New York, recently sent letters to the FTC asking it to examine the effects of behavioral advertising on consumer privacy. The Town Hall will explore how the online advertising market, and specifically behavioral advertising, has changed in recent years, and what changes are anticipated over the next five years. Among other things, it will examine what types of consumer data are collected, how such data are used, what protections are provided for that data, and the costs and benefits of behavioral advertising to consumers. The Town Hall will also address what companies are disclosing to consumers and what consumers understand about the online collection of their information for use in advertising. In addition, the Town Hall will look at what regulatory and self-regulatory measures currently govern the practices related to online behavioral advertising, as well as anticipated changes in the behavioral advertising space in the future. The Commission invites interested parties to submit requests to be panelists and to recommend other topics for discussion. The requests should be submitted electronically to behavioraladvertising_requests@ftc.gov by September 14, 2007. The Commission asks interested parties to include a stat

"The Network Advertising Initiative will unveil a new tool on Thursday that allows people who want to avoid behavioral targeting to permanently preserve their opt-out cookies. Currently, Web users who don't want to receive targeted ads can opt out via cookies. But those cookies have notoriously short lives -- often because users who want to avoid tracking frequently delete all of their cookies, including the opt-out cookies. Once the opt-out cookies disappear, behavioral targeting companies revert to tracking users and serving them targeted ads. "

ABOUT two-thirds of Americans object to online tracking by advertisers - and that number rises once they learn the different ways marketers are following their online movements, according to a new survey from professors at the University of Pennsylvania and the University of California, Berkeley.

ABOUT two-thirds of Americans object to online tracking by advertisers - and that number rises once they learn the different ways marketers are following their online movements, according to a new survey from professors at the University of Pennsylvania and the University of California, Berkeley.