Background and Summary of FTC Privacy Roundtable of December 7, 2009.

1. FTC PRIVACY ROUNDTABLE
BEHAVIORAL FEDERAL TRADE
PRIVACY CONSUMER REGULATION TRANSPARENCY
TARGETING COMMISSION
Background and Summary

2. The Past
is Prologue

3. 1999
♦ FTC Conference on Online Profiling
♦ OECD Consumer Protection Guidelines
♦ Network Advertising Initiative
1999-2000 2000
♦ FTC Report to Congress
1999 2000 2001 2002 2004 2006 2007 2008 2009
2005

4. A Call for Regulation
• Commends NAI but . . .
• [Recommends] legislation that would set forth a
basic level of privacy protection for all visitors
to consumer-oriented commercial Web sites
with respect to profiling.
– Basic standards of practice governing the
collection and use of information online for
profiling, and provide an implementing agency
with the authority to promulgate more detailed
standards
– [Including] authority to grant safe harbors to self-
regulatory principles which effectively implement
the standards of fair information practices
articulated in the legislation and subsequent
rulemaking.

5. 2001
♦ FTC Conference on Consumer Data
♦ NAI adopts opt-out cookie
♦ Chairman Muris – legislation “premature”
2002-2005
2001-2005
♦ “Dewey the Turtle”
1999 2000 2001 2002 2004 2006 2007 2008 2009
2005

6. 2006
♦ CDD FTC Complaint attacking BT
♦ Protecting Consumers in Next TechAde
♦ AOL Release of Search Histories
2006
1999 2001 2002 2003 2005 2006 2007 2008 2009
2000 2004

7. 2007
♦ Merger Mania
♦ ehavioral Advertising Workshop
♦ CDD “Do Not Track” Proposal
♦ FTC Proposes BT Self-Regulatory Guidelines
♦ Facebook’s Beacon Program 2007
2004 2007 2007 2007 2007 2007 2007 2008 2009 2009

8. 2008
♦ Industry Pushback on Self Regulatory Principles
♦ NAI Updates Principles
♦ NebuAd and BT 2.0 Blow up on Capitol Hill
♦ FTC Workshop on Mobile Marketplace
2008
2008 2008 2008 2008 2008 2008 2008 2008 2008 2009

9. JAN-AUG 2009
♦ FTC Releases Revised BT Guidelines
♦ Leibowitz Repeated Warnings to Industry
♦ House hearings, explore BT
♦ IAB, DMA, AAAA Release BT Guidelines
2009
JAN FEB MAR JUNE JULY SEPT NOV DEC DEC DEC

10. SEPT - DEC 2009
♦ FTC Announces Roundtable
♦ Privacy Wars
♦ FTC Panel on Newspaper Industry
♦ FTC/OECD Conf. on 10th Anniv. Of Guidelines
2009
JAN FEB MAR JUNE JULY SEPT NOV DEC DEC DEC

11. Privacy Wars

12. Privacy Wars

13. Questions for Comment
• What risks, concerns, and benefits
Roundtable #1 arise from the collection, sharing,
and use of consumer information?
• Are there commonly understood or
recognized consumer expectations
about how information concerning
consumers is collected and used?
• Do the existing legal requirements
and self-regulatory regimes in the
United States today adequately
protect consumer privacy interests?

14. FTC Chairman Leibowitz
• We're at another watershed moment in
privacy, and the time is right for the
commission ... to take a broader look at
privacy . . . Our minds are open.
• We all agree that consumers don't read
privacy policies, or EULAs for that matter.
I've been a supporter of opt-in for quite
opt-
some time.

15. FTC Commissioner
Jones-Harbour
I believe action has not been a high
enough priority to date. [The] United
States needs comprehensive privacy
legislation. If we continue the piecemeal
approach to privacy in this country, we
merely push aside the underlying issues.
Industry attempts to provide notice and
choice to consumers have been
insufficient thus far.
We have strayed far from the Fair
Information Practices that should serve
as a baseline for any comprehensive
privacy legislation.

16. Shift in Focus – Use not Collection
We are taking a look at a
number of technologies
and business practices—
including social networks,
cloud computing, mobile,
data broker relationships,
and behavioral
advertising—and will
Christopher Olsen
Asst. Director - Division of
assess both the benefits
Privacy and Identity Protection and risks of those
practices.

17. Roundtable #2
January 28, 2010
UC Berkeley School of Law
Berkeley, California

18. Questions for Comment
Roundtable # 2 • What role do privacy enhancing
technologies play in addressing
Internet-related privacy
concerns?
• What challenges do innovations
in the digital environment pose
for consumer privacy, and how
can those challenges be
addressed without stifling
innovation or otherwise
undermining benefits to
consumers?

19. THANK YOU!
100 Wilshire Blvd., Suite 950
Santa Monica, CA 90401
www.internetlawcenter.net
www.ilccyberreport.wordpress.com (blog)
Bennet Kelley
(310) 452-0401
bkelley@internetlawcenter.net

20. Appendix
♦ Consumer Data Ecosphere Slides
♦ CRS Report on Advertising in Digital Age
♦ About the Internet Law Center
♦ About Bennet Kelley

21. Consumer Data Ecosphere

29. http://www.fas.org/sgp/crs/misc/R40908.pdf

30. About the Internet Law Center
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31. About Bennet Kelley
Bennet is one of the nation’s leading Internet attorneys and
founder of the Internet Law Center. He is Co-Chair of the
California Bar Cyberspace Committee and a frequent speaker
on the latest developments in Internet law at conferences
throughout North America. Bennet also is a regular guest on
Webmaster Radio’s “InBoxed”.
Bennet has played a leading role in shaping Internet law and
policy having testified and lobbied on Internet issues in
Washington and Sacramento, winning praise from a key
Congressional committee for his contributions to federal
spyware legislation.
In addition, the Internet Law Center’s bi-weekly newsletter,
Cyber Report, was named one of the top 100 Internet law
resources and recognized by the LA Press Club.