Online Behavioral Advertising

youthfulgleekingRéseaux et Communications

17 févr. 2014 (il y a 3 années et 5 mois)

139 vue(s)

Leaky Websites,

Smart Devices
&

Online Behavioral Advertising

1

August 2013



Dentons Canada LLP

Association of Corporate Counsel

New York City

August 27, 2013

The Team

August 2013

Dentons Canada LLP

2

Todd B
Ruback
, CIPP
-
US/E/IT

Chief Privacy
Officer

Evidon
, Inc.

Andy Roth

Partner, Dentons US LLP

Co
-
Chair Global
Privacy and Security
Group

Timothy M Banks

Partner, Dentons Canada LLP

National Lead, Privacy and Security Group

Agenda

August 2013

Dentons Canada LLP

3

What are the emerging issues Corporate Counsel could see coming?


Leaky Websites


Gone are the days of the “dumb” webpage


Many more interconnections and players outside of your organization in a
complex and largely hidden ecosystem


Internet of Things


Assigning and IP address to everything to communicate information gathered
from sensors


(Online) Behavioral Advertising


It is going to get more complicated before it gets simpler


Ethical Issues


Lot’s
of information traded and traded across borders that may have different
legal concepts of “personal information” and cultural and legal concepts of
“privacy



Shifting “expectations of privacy”


Confidential | Draft for Discussion Purposes Only



2013 Evidon, Inc. All
Rights Reserved.

Over $500 Billion At Stake In Online Marketing
by 2015

4

2015 Market Size Estimates: Sources: Forrester Research, eMarketer


eCommerce US only, comScore,
IDC


eCommerce

$469+ billion

Online Display

Advertising



$30+ billion

Web Measurement

& Analytics



$3 billion

Big Data

$16+ billion


Significant growth
in each
segment


Billions of

dollars invested


Crowded and
chaotic space


4

Confidential | Draft for Discussion Purposes Only



2013 Evidon, Inc. All
Rights Reserved.

Huge Opportunity, with Just as Many Challenges

Data and tags

out
of
control;

You can’t

capitalize on

what you can’t see

5

5

Confidential | Draft for Discussion Purposes Only



2013 Evidon, Inc. All
Rights Reserved.


6

August 2013

Dentons Canada LLP

Confidential | Draft for Discussion Purposes Only



2013 Evidon, Inc. All
Rights Reserved.

When you aren’t aware of tracking, it can …

7

p
revent you from being
transparent with consumers,
putting their privacy and your
compliance at risk

s
low down page load and
diminish conversions,

depress SEO rankings

allow companies to collect your
data without you knowing it,

devaluing the ads you sell and
increasing costs of the ads you buy

…increase cost and diminish revenue

A one
-
second
delay can cause
a


7% drop

in
conversion

Source:
Walmart
, Page Performance & Site Conversion


Feb 2012

…the commission fined

Path $800,000…”

7

Confidential | Draft for Discussion Purposes Only



2013 Evidon, Inc. All
Rights Reserved.



Cookies



files stored on your computer that
allow platforms to ‘remember’ things about you
(session, persistent, flash)



Tags



code on a website that calls in other bits
of code. The results of which include: other bits
of code being called, ads being shown, tracking
taking place, etc.


Nuts & Bolts of Tracking Code:
Important
Definitions

8

August 2013

Dentons Canada LLP

Confidential | Draft for Discussion Purposes Only



2013 Evidon, Inc. All
Rights Reserved.

Flash Cookies


Flash cookies are bits of data stored by your
instance of Adobe Flash. They can be used by
sites or ads that use Flash in their content.



These cookies can be used for targeting.



Flash cookies
can
overwrite HTTP cookies
,
such
as an opt
-
out cookie and “
respawn
,” even
if
the
Flash cookie had
been previously

deleted.

9

August 2013

Dentons Canada LLP

Confidential | Draft for Discussion Purposes Only



2013 Evidon, Inc. All
Rights Reserved.



Device IDs (App
-
Based Tracking
)



Cookies
(Primarily Browser Based Tracking
)



Device
Tracking or Fingerprinting (Both App and
Browser)


Tracking on Mobile Device

10

August 2013

Dentons Canada LLP

The Invisible Web

11

August 2013



Dentons Canada LLP

Demonstration

Leaky Websites

August 2013

Dentons Canada LLP

12


Investigation in 2012 by the
Office of the Privacy
Commissioner of Canada
(OPC)




1.
Canadian
concept of “personal information” is very broad


2.
The consumer
-
facing organization is responsible (“accountable”) for what is
happening in the background

Quebec Class Actions

August 2013

Dentons Canada LLP

13


Albilia

v.
Apple
Inc
.


Allegations of sharing of Unique Device ID
(UDID) and other information


Seeks:


punitive damages


Damage caused
by the device's resources being
consumed by the third
parties


misrepresentation
of the value of the
device


injunction
requiring Apple to cease authorizing Apps to
use personal
information


violation of privacy rights allowing
third parties to
collect and disseminate the personally identifiable
information of its
users


Certified and amended to include ad networks and analytics companies


Why Quebec? Privacy built into
Charter of Human Rights and Freedoms


“Every person has a right to respect for his private life”

USA

August 2013

Dentons Canada LLP

14

The FTC, following up on enforcement actions with “the big three” of
Google, Facebook and Twitter, have come down hard not just on websites
that leak personal data, but they have focused their attention on apps that
collect, use and share data beyond their privacy disclose.


A high profile example is Path, a social network founded on the idea of
creating smaller circles with enhanced privacy control, was accessing
users’ address books and contacting individuals by email without the
permission of the Path member or their contact.

What’s the
Internet of Things
? Why Care?

August 2013

Dentons Canada LLP

15

The Internet of Things
*
refers to the concept of a
world of connected
physical objects.

*Connected physical objects may be tagged with unique and persistent identifiers that permit them to be tracked, analyzed, re
cei
ve feedback
and interact. Personally Identifiable Information may also apply, please see your Customer Privacy Notice for details.


What’s the
Internet of Things
? Why Care?

00 Month 2013

Dentons Canada LLP Document reference #

16

Building intelligence into the
physical world will create
exponentially more data
than exists today.



Big Data

will become

Jumanji Data

August 2013

Dentons Canada LLP

16

What’s the
Internet of Things
? Why Care?

00 Month 2013

Dentons Canada LLP Document reference #

17

The Internet of Things will
require us to re
-
think
traditional notions of
computer chip architecture
and power consumption and
innovate under a completely
new paradigm.


It’s going to be GREAT!!!

August 2013

Dentons Canada LLP

17

Not so fast…


…the Internet of Things is creating a
giant, almost inescapable grid. All
behavior, including objects and the
humans that interact with them, will be
observed and monitored!


August 2013

Dentons Canada LLP

18

Online

Behavioral Advertising

August 2013

Dentons Canada LLP

19


Many applications for
IoT


But an interesting one is to bring the behavioral advertising into the
physical world

Presence ORB


“A real world cookie”



Canada
:


Privacy Commissioner has serious concerns


Questionable whether implied consent can be relied upon


Must be able to opt
-
out


United States
:


Rise in Digital Out Of Home Advertising (DOOH). Even static billboards are
evolving to become interactive displays capable of capturing and transmitting
personal data. (Shameless plug: we will be hosting a DOOH event in NY on
October 23
rd



Andy Blair to present while we are in Silicon Valley at TMT
Summit.)

Regulatory Interest in the Internet of Things (IoT)

August 2013

Dentons Canada LLP

20

American and European regulators are beginning to form policy
on the Internet of Things.


The FTC is in information gathering mode, and will host an Internet of Things
Workshop in Washington DC on November 9
th
, 2013 to “address a wide
variety of issues related to the ability of everyday devices to communicate with
each other and with people.”


The European Commission has just concluded a similar exercise where they
opened up to suggestions about potential frameworks for regulating the
Internet of Things throughout Europe.


IoT

in Canada

August 2013

Dentons Canada LLP

21


Canada’s privacy legislation attempts to
be technologically neutral


Thus far the response of regulators has
been:


Privacy by Design


Transparency


However, there are two other tools in the wings:


Consent (express or implied) is a necessary (but not sufficient) condition for the
collection, use and disclosure of personal information


The collection, use and disclosure must be “appropriate in the circumstances”


“An organization may collect, use or disclose personal information only for purposes that a
reasonable person would consider are appropriate in the circumstances” (PIPEDA


federal Act)


The organization cannot require consent to the collection, use or disclosure of
personal information that is unnecessary for the purpose of providing the good
or service

Ethical Considerations for Corporate Counsel

August 2013

Dentons Canada LLP

22


Competency


Is there a professional
obligation to understand the technology or obtain advice
on underlying
technology?


What level of technical knowledge do you need in order to identify issues from
a risk management perspective?


What about to evaluate a privacy disclosure and conduct privacy impact
assessments?


Do
audits or inspections
assist counsel in fulfilling professional obligations?



Confidentiality & Privilege


Does the tracking of your Internet activity and inspection of your email for
advertising raise any confidentiality or privilege concerns? (probably not but …)


Are we paying enough attention to the use of secure transmission?


What about jurisdictional differences?

Thank You



©
2013
Dentons
.
Dentons

is an international legal practice providing client services worldwide through its member firms and affiliates. This publica
ti
on is not designed to provide legal or other advice and you should not take, or refrain from taking,
action based on its content.
Please
see dentons.com for Legal Notices.


Todd B
Ruback





Andy Roth

truback@evidon.com




andy.roth@dentons.com


917
-
262
-
2528





212
-
768
-
6804



Timothy M Banks

416
-
863
-
4424

timothy.banks@dentons.com