You may have heard this before, social media is not exempt from the ad rules regarding testimonials and endorsements. The FTC announced (again) that marketers placing short form ads in social media must comply with three basic truth-in-advertising principles: Endorsements must be truthful and not misleading; If the advertiser doesn’t have proof that the endorser’s (...) [Read More]
Category Archives: Advertising
Can a celebrity’s post mortem right of publicity enter the public domain?
August 22, 2012
Banking on a dead celebrity’s right of publicity being public domain is an extremely dangerous advertising practice. Rights of publicity are a suite of legal rights that have developed from invasion of privacy and trademark law since the early 20th Century. There is a web of state and federal laws that can protect dead celebrities– even celebrities from (...) [Read More]
@FTC: Google pays $22M for (unintentional) misrepresentation of privacy practices – no intent required
August 17, 2012
The FTC hosted a super fascinating Twitter “conversation” following its announcement of the $22 million settlement with Google over its privacy violation in overriding the Safari browser’s privacy settings without notifying users. FTC Department of Enforcement staffers exchanged tweets with a few privacy-focused Twitter users. Many tweets focused on whether Google intentionally deceived users as to its (...) [Read More]
WWW.[YOUR NAME HERE]
June 14, 2012
On the heels of the new .XXX top level domain (TDL) that recently began providing internet addresses for adult oriented websites (for a fee), ICANN (the non-profit organization that controls the Internet addressing scheme) released a list of additional applicants for other new top level domains. ICANN voted to begin allowing customized TLD’s in June (...) [Read More]
Social Media Users have the Power to Control their Online Privacy
April 7, 2012
The Wall Street Journal has an article about Apps this morning. The paper has done a great job of revealing the so-called seamy underbelly of the online advertising world. Today the theme is that Facebook apps exploit users (and make Facebook million$) by collecting bits and pieces of personal data, details that alone do not (...) [Read More]
When is Advertising Invasive or Just “Creepy”?
March 10, 2012
Cookies are one of my favorite things. Usually, this refers to the oatmeal raisin variety rather than those tiny bits of computer code that empower websites to remember a user’s login, keep items in a shopping cart and greet the user by name when she returns. Warm and fuzzy, right? Sometimes, not so much. I (...) [Read More]
What is Protected as “Private” Online?
March 10, 2012
Less than one might think. Online privacy focuses on the use of personal information and how it is contributed, collected, shared and used by the user and other people and companies providing web services. “Personally Identifiable Information” (a.k.a. “PII”) is protected by a web of laws – but non-personally identifiable information collected by many websites (...) [Read More]
Google/Facebook/Twitter Blackout to protest SOPA?
January 6, 2012
Does anyone care what actual consumers want anymore? The Stop Online Privacy Act (SOPA) would allow large entertainment and media companies to have ISPs block “foreign” websites that host or display allegedly copyright-infringing materials. The technology community claims that SOPA, if made law, will end the Internet as we now know it. To illustrate their point, Wikipedia, (...) [Read More]
Undressing Online: Managing User Privacy in an Interactive World
December 16, 2011
The evolution of digital and social marketing makes it easier than ever for agencies and marketers to target consumers. But there are gaping legal pitfalls. Because of lax or downright misleading privacy policies, some of the largest online players – including Facebook, Twitter and Google – have bull’s-eyes on their backs; and the Federal Trade (...) [Read More]
In the Matter of Facebook: FTC Forces Privacy Fix
November 29, 2011
Facebook settled with the FTC today over its chameleon-like privacy policy reports Gizmodo, putting the user into the driver’s seat for privacy settings. No more Big-Daddy-Knows-Best privacy changes. FTC announced that given the long history of Facebook privacy changes and broken promises, it issued an order that Facebook be barred from making misrepresentations about the privacy of user’s (...) [Read More]
