Welcome to the fourth installment in our eight-part series preparing you for the post-cookie world. In our first post, we provided a deep dive into third-party cookies for a baseline understanding of the technology and the...more
Welcome to the third installment in our eight-part series preparing you for the post-cookie world. In our first post, we provided a deep dive into third-party cookies for a baseline understanding of the technology and the...more
2/16/2022
/ Apple ,
Big Tech ,
California Consumer Privacy Act (CCPA) ,
Cookie Banners ,
Cookies ,
Data Collection ,
General Data Protection Regulation (GDPR) ,
Google ,
Privacy Laws ,
State Privacy Laws ,
Third-Party ,
Web Browsers ,
Web Tracking
Part I: What Are Third-Party Cookies and Why they are Important — PART II — Privacy Laws And Third-Party Cookies - Welcome to our second installment in our five-part series preparing you for the post-cookie world. In our...more
1/14/2022
/ Advertising ,
California Privacy Rights Act (CPRA) ,
Cookies ,
Data Collection ,
Data Privacy ,
EU ,
General Data Protection Regulation (GDPR) ,
Online Advertisements ,
Personal Data ,
State Privacy Laws ,
Web Tracking
Overview of the Five-Part Series - In a time of constant change in digital advertising, there is one consistent question that persists in advertisers’ minds: What do we do after third-party cookies are gone? The digital...more
In the wake of the novel coronavirus disease outbreak, more formally known as COVID-19, businesses and other entities have found it increasingly difficult to continue operating in an uncertain environment. Nonprofits in...more
To say that mobile device usage has reached a tipping point would be an understatement. There are now more mobile devices than people in the world, a staggering 7.9 billion mobile devices for 7.4 billion people on Earth. In...more
4/5/2016
/ Advertising ,
COPPA ,
Corporate Counsel ,
Data Protection ,
Federal Trade Commission (FTC) ,
Internet of Things ,
Mobile Devices ,
Mobile Payments ,
Native Advertising ,
Popular ,
Proposed Legislation ,
Security and Privacy Controls ,
Smart Devices ,
Social Media ,
Tracking Systems ,
Young Lawyers
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
The FTC, in recent staff statements, has sought to clarify advertisers’ and publishers’ obligations regarding native advertising and social media promotions, particularly regarding when and how to clarify to readers that a...more
Most analysts and commentators agree that 2014 was the year mobile reached a tipping point. With over 1 billion mobile smartphones in circulation, 2014 marked the first year that mobile Internet usage surpassed desktop use in...more
1/26/2015
/ Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Federal Trade Commission (FTC) ,
Internet of Things ,
JPMorgan Chase ,
Legislative Agendas ,
Marketing ,
Mobile Devices ,
Mobile Payments ,
Mobile Privacy ,
Popular ,
Privacy Policy ,
Smartphones ,
Uber
The long-brewing behind-the-scenes tensions of privacy, big data, and mobile finally came to a head last week in the public relations disaster known as #Ubergate. Uber’s meteoric rise to the pinnacle of the rideshare start-up...more
“Native advertising” has become popular with advertisers and publishers, but it has raised concerns by the Federal Trade Commission and NAD, the advertising self-regulatory organization, and spawned lawsuits by content owners...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
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
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
Last Friday, Twitter’s battle with the Manhattan District Attorney over a subpoena for an Occupy Wall Street protester’s tweets came to an anti-climactic end as the New York appeals court dismissed Twitter’s appeal of a...more
When you think of “Peggy Sue” by Buddy Holly, “Johnny B. Goode” by Chuck Berry, and “My Girl” by the Temptations, you think classic, iconic, rock and roll. Now, in light of the most recent legal setback against music sharing...more
Recognizing the reality that many investors likely get more information from Facebook and Twitter than a corporate 10-K and that most public companies have a robust social media presence, the U.S. Securities and Exchange...more
In what seems like a lifetime ago –and in the fast moving world of the Internet maybe it is – back in May 2000 the Federal Trade Commission issued “Dot Com Disclosures: Information about Online Advertising" to provide...more