We have been closely following the evolution of “native advertising” and the regulatory response since before the FTC’s Workshop “Blurred Lines: Advertising or Content?” over two years ago. Applying traditional FTC...more
In two decisions issued last week, major native advertising players Gravity and Outbrain were found to have failed to comply with the online advertising industry’s self-regulatory principles for interest-based ads. The...more
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
—PART V—
Not all Native Advertising May Be Commercial Speech under the First Amendment -
If there is one thing clear from the case law, it is that the commercial speech analysis under the First Amendment is a...more
—PART IV—
Commercial and Noncommercial Inextricably Intertwined Speech -
The Bolger court found that the mailings constituted commercial speech “notwithstanding the fact that [informational pamphlets]...more
The Evolution of Commercial Speech’s First Amendment Protection -
One of the fundamental purposes of the First Amendment is to promote the free flow of information in the “marketplace of ideas.” To that end, the First...more
In this five part series, originally published in the Summer 2014 edition of the Media Law Resource Center Bulletin, we take an in-depth look at the native advertising phenomenon and the legal issues surrounding the practice....more
Understanding the Once And Future Native Advertising -
What is “Native Advertising”?
The definition of “native advertising”, or simply “native”, is admittedly an elusive one. There are many definitions put forth...more
This year, hundreds of new generic top-level domains (gTLDs) are changing the landscape of the Internet. The long-awaited result of ICANN’s new gTLD program, top-level domains such as .NYC, .WINE, and .WTF will now join the...more
In a March 20, 2014 closing letter sent to fashion company Cole Haan, the FTC warned that use of the hashtag #WanderingSole in conjunction with a recent Pinterest contest did not adequately communicate the “material...more
Editor’s Note: This blog post was originally published on February 6, 2014 courtesy of iMedia Connection’s Blog. It is repurposed with permission.
Remember that scene from Minority Report? The one where John Anderton...more
2013 was a year in contrasts within data privacy. To begin with the “normal” course, Canada sought (but failed) to pass a mandatory breach notification amendment to its federal privacy law, and Uruguay acceded to the European...more
Ukraine privacy law is undergoing a dramatic shift with its introduction of new legislation, “On Amending Certain Legislative Acts of Ukraine Regarding Improving the System of Personal Data Protection,” enacted on July 3,...more
This fall, Canadian Parliament failed to pass proposed amendments to its federal privacy law that would impose a mandatory breach notification requirement. Bill C-12, originally introduced in 2010 and reintroduced in 2011,...more
On August 22, 2013, after four years of deliberation, the South African Parliament passed the first comprehensive data protection legislation in South Africa, the Protection of Personal Information (POPI) Bill. This Bill...more
Outside of the EU, concerns continue after the former NSA contractor Edward Snowden leaks demonstrated issues related to U.S. handling of European data. Beginning in July, 2013, the ongoing Transatlantic Trade and Investment...more
1. Costa Rica -
On March 5, 2013, Costa Rica’s data protection law, originally passed in 2011, came into force. The law, the Ley Protección de la Persona frente al tratamiento de sus datos personales, Law...more
1. China -
China’s Personal Information Protection Law Proposal was submitted to the State Council in 2008, which was followed by the Ministry of Industry and Information Technology’s non-binding Internet...more
On October 22, 2013, the Department of Defense (DoD) published its Final Rule establishing a program for promoting voluntary sharing of cyber threat information between the DoD and government contractors. The DoD intends this...more
On Monday, October 21, 2013, the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) voted to approve an amended version of the proposed EU General Data Protection Regulations. Included in the...more
Companies are looking for online interaction with customers, a solid presence on social media, and other dynamic ways to connect with potential consumers. Often, this means campaigns and their websites will rely on some form...more
It’s often said that imitation is the sincerest form of flattery. But when it comes to running an online marketing campaign or social media site, imitating (or straight-up copying) other peoples’ content can be the quickest...more
As long as we have sold stuff, we’ve used images or stories to help sell them. As Calvin Coolidge of all people once said in one of his rare Don Draper moments - “Advertising ministers to the spiritual side of...more
There are three things a social media website operator or digital marketer probably hates to hear most before launching an online ad campaign: 1. Can you make this go viral?; 2. How many likes/tweets can you get?; and 3. Did...more
Earlier this month, Judge William Alsop of the U.S. District Court for the Northern District of California dismissed a proposed class action lawsuit against Instagram....more