Check out the International Law Office to see its authorized, customized article, “Investigative journalism enters the digital era” of our prior blog posting, “Dear WikiLeaks, Here We Come. Sincerely, The Wall Street Journal.” Thanks, ILO!
Useless But Compelling Facts – MayDay: Because NOBODY Got the Last One
Let’s try again by converging questions about media with some trivia drawn from U.S. history, with a multi-part question. Can you tell me the U.S. President and the year: (a) the first to have his inauguration photographed; (b) the first inauguration to be recorded by a movie camera; (c) the first inauguration aired on radio; (d) the first inauguration to be televised; and (e) the first inauguration to be televised in color.
If you know the answers and are first to send them to me, you’ll win. Send your answers directly to me at joseph.rosenbaum@rimonlaw.com.
Useless But Compelling Facts – May 2011 Answer
Not only did NOBODY answer last month’s question correctly, but to give you the correct answer, NOBODY ever actually said “Play it again, Sam.” At least not in the motion picture Casablanca, and it’s probably one of the most famous movie misquotes ever. In fact, the character Ilsa Lund (played by Ingrid Bergman) says, “Play it, Sam, for old time’s sake, play as time goes by.” Later in the movie, Rick Blaine (played by Humphrey Bogart) says, “You played it for her, you can play it for me. If she can stand it, I can! Play it!”
Self-Regulatory Ad Industry Effort Continues to Drive Forward
In a turbo boost for the advertising industry’s self-regulatory initiative (See Advertising Industry Collaboration Releases Self-Regulatory Online Behavioral Advertising Principles), Chrysler has picked Evidon as its exclusive provider for online behavioral advertising compliance services. Both in advertising and through website notifications, Evidon will power the delivery and display of the Ad Choices icon on Chrysler advertising online, and the corresponding disclosures to consumers about how their online behavior is collected and information used – and allowing those consumers to opt-out. Of the U.S. automakers, Chrysler is the first to use the system across its brands; and if a consumer prefers not to allow Chrysler to use behavioral data, he or she can simply click on the blue icon, which opens a pop-up browser window that explains how the advertising is matched with that consumer’s browsing activity and other information—not only to inform the consumer, but also to allow the consumer to opt-out of future behavioral advertising originating from Chrysler ads. We understand that each of the individual brand websites within the Chrysler group will also have notices that give individuals comparable information, and notices regarding how they can opt out as well.
As always, if you need more information about the advertising industry’s self-regulatory initiative; advice regarding compliance; or legal help in understanding the dynamic, ever-changing environment for advertising, marketing and privacy, call me, Joseph I. (“Joe”) Rosenbaum, or any of the Rimon attorneys with whom you regularly work. Our lawyers deal with these issues every day.
William Jennings Bryan (1860-1925), U.S. politician
“If it weren’t for lawyers, we wouldn’t need them”
Mobile Advertising & Marketing – Myths & Miffs
Thanks to the Digital Marketing Committee of the Association of National Advertisers for having me attend and give a presentation on mobile advertising and marketing yesterday. A copy of the presentation is available for your reading enjoyment right here: “Mobile Marketing or I Know Where You Will Be Next Summer & Other Mobile Marketing Myths.” (PDF)
UK ICO Issues Guidelines for Online Compliance – C is for Cookie
The Information Commissioner’s Office in the United Kingdom, in furtherance of the European Union’s “browser cookie” laws (EU Privacy and Communications Directive), has just published a set of guidelines that commercial enterprises will need to comply with when the new law goes into effect May 26. Because the laws’ requirements relate to technology and marketing, the intention of the new guidelines is to provide guidance on compliance for businesses.
For background, in case you haven’t been following this closely, in November 2009, the European Parliament amended the Directive of Privacy and Electronic Communications 2002/58/EC (sometimes referred to as the e-Privacy Directive) that mandated that websites give consumers the right to opt out of receiving cookies (in most cases by changing settings on their web browsers). The 2009 amendments reversed the requirement, setting the default as “opt in.” Consumers will have to give permission (informed consent) to a website in advance, to allow a cookie to be placed on their computer.
The UK ICO’s guidance makes it clear that all businesses, private and public, will be required to get consent from the user, in advance of having a browser cookie downloaded and installed on the consumer’s computer. In addition, the ICO has amended the UK Privacy and Electronic Communications Regulations to mandate that clear and thorough information – to ensure informed consent – is provided to end users, explaining why their information is being stored and how it will be used by the commercial enterprise. Expect to see consumer-directed information soon, alerting consumers as to what their rights are and what to expect as businesses comply with the new law and regulations.
As you probably know if you are a loyal and longstanding reader, Legal Bytes in 2009 reported that the major players in the online advertising industry had issued self-regulatory principles concerning online behavioral advertising (Advertising Industry Collaboration Releases Self-Regulatory Online Behavioral Advertising Principles), and intended to create an industry self-policing mechanism, as well as disclosures to consumers concerning the use of their personal information. The self-regulatory mechanisms in the United States – these being similar – have followed an “opt out” approach to consumer privacy and the control of personal information. For multinational and international businesses worried about compliance (and that includes all you web browser publishers) – well, it’s complicated.
As always, if you need guidance for your advertising, marketing, privacy or data protection efforts, call me, Joseph I. (“Joe”) Rosenbaum, or any of the Rimon attorneys with whom you regularly work. Our lawyers deal with these issues every day.
Do Not Track – Diving Deeper Into the Quicksand
Coming on the heels of a bill aimed at preventing children from being tracked, introduced by Rep. Ed Markey (D-Mass.) (see, Rep. Markey Releases a Kids Do Not Track Discussion Draft Bill): Today, Jay D. Rockefeller (D-W.Va.), Chair of the Commerce, Science & Transportation Committee in the U.S. Senate, introduced a Do Not Track Online bill that would empower the FTC to promulgate rules “that establish standards for the implementation of a mechanism by which an individual can simply and easily indicate whether the individual prefers to have personal information collected by providers of online services, including by providers of mobile applications and services . . . ”
A copy of the proposed legislation is available here for you to download and read Do Not Track Online Act of 2011 – Proposed Rockefeller Bill (PDF). Of course, if you need legal guidance, advice or representation as these bills are introduced and make their way through the legislative process, don’t hesitate to call us. We are here to help.
The Tip of the Iceberg – ‘Do Not Track’ Kids Bill Proposed
After several months of anticipation, Rep. Ed Markey (D-Mass.) released his Kids “Do Not Track” discussion draft bill. At face value, this bill appears to have a narrow focus of online behavioral activities toward children, which we normally define under the Children’s Online Privacy Protection Act (“COPPA”) as any individual younger than 13. However, such is not the case. This bill would amend COPPA to expand some marketing provisions to teens under age 18, and may, in effect, require better age screens, given teen savvy (and their propensity to lie about their age).
If enacted, this bill has the potential to create complications when marketing to the crucial college age and young adult market as more sophisticated age screens will require all to enter information that they might not want to share online.
To read the entire Rimon Alert and find out more, just check out Rep. Markey Releases a Kids Do Not Track Discussion Draft Bill.
Useless But Compelling Facts – May 2011
Now this time we are returning to some motion picture trivia and ask you to tell us in what motion picture and in what year, was the line “Play it again Sam” uttered and by whom – the name of the character will do!
If you know the complete and correct answer and if are first to send it to me, you’ll win. Send your answers directly to me at joseph.rosenbaum@rimonlaw.com.