Internet Advertising

News & Analysis as of

MLB Strikes Out in Acquiring

October—the month of seasonal changes, crunching leaves, artificial pumpkin flavoring, and, for sports fans, the October Classic. As survivors of the never-ending major league baseball regular season battle for World Series...more

Technology Industry Newsletter - October 2015

We hope you enjoy this edition of our Tech Newsletter. As technology continues to drive business innovation and growth, new and existing companies positioned to take advantage of the tech trends for 2016 will be better...more

Online Behavioral Advertising Guidelines Go Mobile

On September 1, the Digital Advertising Alliance (DAA) began enforcing its guidelines for online behavioral advertising regarding mobile advertising. The DAA, a notfor-profit independent body, develops industry-best practices...more

DAA Begins Enforcing Its Guidelines for Mobile Advertising This Month: What You Should Know in Order to Prepare

Application of Self-Regulatory Principles to the Mobile Environment Effective September 1, 2015, the Digital Advertising Alliance (DAA) is now enforcing its Self-Regulatory Principles for Online Behavioral Advertising and...more

Second Bite at Invalidity Proves Fruitless

Order Denying Motion for Judgment on the Pleadings, Klaustech, Inc. v. AdMob, Inc., Case No. 10-cv-05899-JSW(Judge Jeffrey S. White) - As noted previously on Orrick’s blog, here, here, and here, 35 U.S.C. §101 motions...more

The Fingerprint File Doesn’t Have to Bring You Down: NAI Offers Advertisers Guidance on Digital Fingerprinting & Location...

Advertisers who use tools such as location data and newer non-cookie technologies to deliver interest-based advertising must carefully balance the use of those tools with consumer privacy. To achieve this balance, the Network...more

Advertising Law - July 2015 #5

Place Your Bets: Yahoo to Host Fantasy Sports Games - In a new business venture that adds to an ever expanding field, Yahoo announced that it will host daily and weeklong pay-to-play fantasy sports games for cash prizes....more

Somebody’s Watching You: What Are the Rules?

In 1984, Kennedy William Gordy, better known as pop artist Rockwell, released his first and ultimately biggest hit: Somebody’s Watching Me. One can only imagine how Rockwell would have felt if the Internet was in full swing...more

Sports, Media and Entertainment Intelligence - July 2015 (Global)

FILM AND TV - HUB FOCUS: Recent TV trends in Germany - Our global Media, Sport & Entertainment HUB provides insights into various legal and commercial issues impacting on this space. As part of our HUB FOCUS series, we...more

Are You Ready for the Attack? Online Brand and Reputation Protection

It starts with an inaccurate, possibly fake, online review. Then a post appears on a consumer complaint forum. Suddenly, there is a surge of false postings about your company on social media sites. Invariably, these anonymous...more

Toward a Grand Unifying Theory of Today’s Tech Trends

As a technology law blogger and co-editor of Socially Aware, I monitor emerging developments in information technology. What’s hot in IT today? Any shortlist would have to include social media, mobile, wearable technology,...more

Digital Advertising Alliance Focuses on Mobile Ads

As more users spend more time on their mobile devices, advertising dollars are following. And the compliance regime that governs interest-based advertising (IBA) (formerly referred to as online behavioral advertising or OBA)...more

Sports, Media and Entertainment Intelligence - June 2015

ADVERTISING - UK: Tweaks to rules on sales promotions and competitions - The UK’s Committee of Advertising Practice (CAP) has introduced changes to the provisions of its advertising code which deal with the running of...more

Advertising Law - May 2015 #5

DAA Mobile Privacy Code Enforcement Begins In September - Get ready: September 1 marks the beginning of enforcement of the Digital Advertising Alliance’s mobile privacy code, the group recently announced. Companies will...more

Self-Regulatory Authorities Police Online Ad Industry in Another Sweep

Interest-based advertising (IBA), also known as behavioral advertising, creates profiles of consumers based on their online activities over time and across services, and uses them to send consumers relevant, targeted ads. To...more

New Guidelines on Online Profiling

The Italian Data Protection Authority (Garante per la protezione dei dati personali, the “DPA”) just issued new Guidelines on online profiling aimed at further clarifying the privacy-related obligations for internet service...more

The YouTube Kids app is here! Now what?

Google made good on the rumors and the company’s subsequent promise last December to create a family-friendly version of its popular YouTube service with its launch on Monday of the YouTube Kids app. Available on both the App...more

Advertising Law - February 2015 #3

FCC Chair Announces New Net Neutrality Regs - The battle over net neutrality took a new turn when Federal Communications Commission Chairman Tom Wheeler announced his intention to reclassify broadband service as a...more

Advertising Law - February 2015 #2

Podium P-O-V: Observations From Marc Roth on ERA’s Great Ideas Summit - I recently had the pleasure of participating on an “Advocacy Update” panel at the Electronic Retailing Association’s Great Ideas Summit in Miami...more

In Need of a Tune Up: Wisconsin’s Court of Appeals Considers Personal Jurisdiction in the Internet Age

Last year, we wrote about the Seventh Circuit’s interpretation of the emerging issue of personal jurisdiction in the context of internet activity. Courts understandably have been wary of subjecting businesses to broad...more

Socially Aware - Volume 5, Issue 7 - December 2014

In This Issue: - What’s in a Like? - R.I.P.: The Facebook “Like” Gate - Facebook Dislikes Fake Likes - Privacy in the Cloud: A Legal Framework for Moving Personal Data to the Cloud - Click...more

Native Advertisers Face Closer Scrutiny From Industry Self-Regulatory Bodies

With paywalls and premium subscriptions finding only modest success, paid advertisements remain the primary means of generating revenue from online content. Native advertising has emerged as a leader in the competition for ad...more

Accountability Program Releases Compliance Warning on Enhanced Noticed for Online Native Advertising

The Online Interest-Based Advertising Accountability Program is serious about compliance with the transparency and consumer control provisions of the Digital Advertising Association's Self-Regulatory Principles for Online...more

Advertising Leaders: Come Clean with Industry Fraud

“Warning: The Internet advertising market is dangerous, unregulated and crawling with bots, scammers and questionable traffic. There’s a serious risk a quarter of your ads will never be seen by a real person. And even the...more

BBB Watchdog Cites Five On-Line Companies for Failing to Adhere to Enhanced Notice of Third-Party Data Collection for Online...

This week, the Online Internet-Based Advertising Accountability Program, a unit of the Better Business Bureau (“BBB”), released five decisions in which Answers Corporation, Best Buy, BuzzFeed,, and Yelp agreed to...more

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