Internet Lawyer Blog
FTC BEGINS COMPREHENSIVE PRIVACY REVIEW THROUGH PUBLIC ROUNDTABLES
On December 7, 2009, the Federal Trade Commission (FTC) began the first of three public “Exploring Privacy” roundtables. To an extent, the FTC is at a similar stage as it was in 1989 when it held its conference on online profiling (now referred to as “behavioral targeting”) that led to a recommendation to Congress for “legislation that would set forth a basic level of privacy protection for all visitors to consumer-oriented commercial Web sites with respect to profiling.”[i] The recommendation was withdrawn under the Bush Administration to determine whether the newly established Network Advertising Initiative’s (NAI) self-regulatory standards would prove sufficient.
In 2007, the FTC revisited this issue with its “behavioral targeting” workshop that led to the FTC proposing self-regulatory principles on behavioral targeting for the online advertising industry to adopt.[ii] The FTC’s “suggested” principles were not warmly received by the industry. By 2009, however, the NAI and a coalition of major trade groups including the Interactive Advertising Bureau (IAB) each released proposed principles addressing behavioral advertising.[iii]