The FTC published on September 5, 2012 guidelines for mobile application developers to assist them observe truth-in-advertising and basic privacy principles when marketing their applications.
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Supreme Court of California Decision Upholds Promotional E-mail Sender’s Method of Avoiding E-mail Filters
The Supreme Court of California held that Vonage did not violate California law by sending commercial e-mail advertisements to individuals from multiple domain names for the purpose of bypassing e-mail filters.
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FTC Provides Last Clear Chance for Industry to Self-Police in a Target-Rich Environment
On February 12, 2009, the FTC issued its long-anticipated Staff Report on Self-Regulatory Principles for Online Behavioral Advertising. The revised Self-Regulatory Principles are the result of a year of study of the more than 60 comments provided by industry, advocacy organizations, academics, and individual consumers in response to the FTC’s proposed self-regulatory principles issued in late 2007.
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Update: Deep Discussion of DPI
On July 17, 2008, the House Telecommunications and Internet Subcommittee examined the practice of deep packet inspection (DPI), a method for networks and third parties to determine what information users (identified by IP addresses or random ID numbers) are searching for and accessing on the Internet in order to tailor more relevant advertising based on an individual’s interests. DPI is often cookie-based and does not link personally identifiable information with user surfer behavior.
The House Subcommittee’s hearing focused on whether the online advertising industry should be required to use opt-in systems, or whether current opt-out systems adequately protect consumers’ privacy. The July 17 hearing is the latest in a series of efforts by regulators and legislators to better understand behavioral targeting.