CDD/FTC COMPLAINT QUICK FACTS

What is an FTC Complaint?

Is it like a lawsuit?

21 Days to Respond

Discovery

Motions etc.

What does the FTC have to do in response?

THE CDD TRIES TO MAKE IT SOUND LIKE IT’S A LAWSUIT WHICH WILL TRIGGER CERTAIN ACTIONS.

THE REALITY IS , HOWEVER, ITS NO DIFFERENT THAN OTHER CORRESPONDENCE THE FTC RECEIVES.

FTC COMPLAINTS THE CDD WAY

RULE #1: NAME EVERYONE

• Named in 2006 Behavioral Targeting “Complaint”

• 24/7 Real Media, Atlas Solutions, Avenue A, Blue Lithium, BlueStreak, Casale Media, Claria, DoubleClick, Google, MEC, Omniture, Pointroll, Microsoft, MySpace, Relevance Now, Revenue Science, Tacoda, Tango Zebra, Touch Clarity, Unicast, ValueClick, Yahoo!, ZEDO

RULE #2: TIME IT FOR BIG EVENTCOMPLAIINT EVENT

NOVEMBER 2006BT COMPLAINT

FTC Conference: Protecting Consumers in Next Techade

NOVEMBER 2007AMENDED BT COMPLAINT

FTC Workshop on e-havioral Advertising

MAY 2008 AMENDED BT COMPLAINT (ADDS MOBILE)

FTC Workshop on Mobile Marketplace and Release of Chester’s book “Digital Destiny”

JANUARY 2009AMENDED MOBILE COMPLAINT

Obama inaugural

APRIL 2010REAL-TIME TARGETING COMPLAINT

IAPP GLOBAL PRIVACY SUMMIT

Rule # 3 Year Proposal Success?

2006

The FTC must require notice of all information collected, and full disclosure of how that data will be used NO

The FTC should ask Congress to pass federal legislation requiring affirmative consent for all data used—which must be regularly updated and re-approved by users

NO

An all-embracing opt-in should be the minimum standard. NO

All data collection and e-commerce marketing techniques must be unbundled, disclosed, and given affirmative consent

NO

2007 Immediately launch an investigation into the companies cited in this complaint, including the range of data collection practices described

NO

2008 Create a special task force to examine new threats to children and teenagers, including the role of behavioral targeting and profiling. It should report to the Congress and the public concerning this topic with all due speed.

NO

The Commission should open up an inquiry into the data collection and target marketing practices of social networks. It must especially examine how the current privacy policy of such well-known services as Facebook and MySpace protect users, especially youth.

NO

2009

The FTC must require notice of all information collected on mobile devices and full disclosure of how that data will be used. In particular, the Commission needs to spell out how consumer consent is to be given, to ensure that it’s meaningful.

NO

The FTC may need to ask Congress to pass federal legislation requiring affirmative consent for all data used—permission that must be regularly updated and re-affirmed by users.

NO

NOAll data collection and mobile marketing techniques must be unbundled, disclosed, and given affirmative consent by users.

The FTC will have to reframe what is “unfair and deceptive” in the mobile arena. NO

With industry self-regulation having proved so ineffective, the FTC should examine the various mobile marketing standards groups to determine how well consumer interests are represented, including analyzing the various reports and self-regulatory proposals that have been produced thus far.

NO

The FTC should work with the FCC and state authorities to create a new Mobile Marketing, Consumer Protection, and Privacy Task Force. The Task Force should make annual reports to the public and, where appropriate, recommend new legislation to Congress.

NO

The commission should also open up a separate inquiry and propose rules to protect youth from unfair or deceptive mobile marketing practices NO