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
“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