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stories filed under: "opt-in"
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
advertising, clickstream tracking, congress, ed markey, joe barton, opt-in, opt-out

Companies:
charter communications



Congressmen Not Happy About Charter's Plan To Sell Out Users To Advertisers

from the might-want-to-think-twice dept

While Charter Communications is out defending its efforts to inject ads into your surfing activities by collecting data on where you surf, it appears that some powerful Congressional Representatives are suggesting that Charter might want to think twice about implementing this. Reps. Ed Markey and Joe Barton (who both have a fair amount of power in Congress) have sent Charter a letter warning the company that doing this without letting people affirmatively opt-in may violate the Communications Act, which limits what cable companies can do with customer records. What's really surprising is that, after so much anger over similar efforts in the UK (including similar questions about legality) that Charter forged right ahead with a nearly identical plan in the US, positioning it as an "enhancement." Update And on top of this, reports are now coming out that opt-ing out of this system isn't so easy after all.

12 Comments | Leave a Comment..

 
Overhype

Overhype

by Mike Masnick


Filed Under:
clickstream tracking, marketers, opt-in, opt-out

Companies:
nebuad, phorm



Marketers Freak Out About Mandates To Make Clickstream Tracking Opt-In Only

from the but-what-about-our-data? dept

With all of the fuss finally being raised concerning clickstream tracking by companies like Phorm and NebuAd, there's an effort underway to force ISPs to make any such tracking strictly opt-in. That is, users would have to proactively agree to allow their data to be used in this manner. In response, various marketers are complaining about how much data they would lose, claiming it would be an "armageddon" for the industry. Don't believe them. This is the same thing marketers warned about when the US instituted a "Do Not Call" system, and it's hardly decimated the marketing industry. Instead, it's improved marketing by making firms focus less on intrusive telemarketing and more on useful marketing. The same would happen if ISPs were required to make this an opt-in instead of opt-out setup. It would force the ISPs and companies like Phorm to make sure that the services really benefited customers in meaningful and noticeable ways so that customers would be happy to make use of the services. By whining about an opt-in solution, all these firms are really admitting is that they do not add value to the surfing experience of users.

19 Comments | Leave a Comment..

 
Overhype

Overhype

by IC Expert,
Timothy Lee


Filed Under:
default, downloads, opt-in, opt-out, safari

Companies:
apple



Apple Trying To Sneak Safari Onto Windows Machines?

from the nobody-here-but-us-safaris dept

Last week, Apple apparently began distributing its Safari web browser to Windows users using the software update mechanism that comes with iTunes. This has generated a firestorm of controversy, notably from Mozilla CEO John Lilly, who says Apple's behavior undermines users' trust in the software update process. He's got a point. What Apple is doing here is a little bit sleazy. Users who opt to download iTunes aren't necessarily interested in installing or running Safari, and so making installation the default is an abuse of the relationship between Apple and its customers. On the other hand, I think it's important to make it clear that there's nothing inherently wrong with Apple using its installed base of iTunes users to help promote Safari. The issue here is that the opt-out mechanism it's chosen is somewhat misleading. Apple can fix the problem very easily by switching the default, so that Safari is unchecked until the user chooses to check it. Or, if Apple wants to be a little more aggressive, a pop-up window could require the user to make a yes or no choice on installing Safari. If the user clicks "no," the update mechanism should respect this choice and not bring it up again. The problem, in other words, is not that Apple is using the popularity of iTunes to promote another of its products. The problem is that it's not being as transparent as it could be with its users.

Timothy Lee is an expert at the Insight Community. To get insight and analysis from Timothy Lee and other experts on challenges your company faces, click here.

44 Comments | Leave a Comment..

 
Legal Issues

Legal Issues

by Mike Masnick


Filed Under:
new york, opt-in, permission, targeted advertising

Companies:
google, microsoft, phorm



NY Legislator Looks To Outlaw Behavioral Targeted Ads Without Opt-In

from the a-bit-late-for-that dept

A New York Assembly member is pushing to outlaw targeted advertising without opt-in approval. Given the scrutiny facing companies like Phorm in the UK, this isn't all that surprising. However, the complaints around Phorm are that it tracks all of your surfing activity and generates ads based on that aggregate info. The bill that is being discussed in New York would apparently apply to websites that do targeted advertising within the site. That seems both extreme and unnecessary. Even though the law would technically only apply to New York, since it would be difficult to figure out who's in NY and who's elsewhere, it would force many providers to get rid of targeted advertising. It seems a bit extreme to think that targeted advertising should be banned entirely, without an initial opt-in. By this point, most people probably expect basic targeting to take place, and when done right, such targeted ads should be more effective. The real problem comes in when such targeting presents a privacy violation, but the focus then should be on privacy laws, not specifically targeting a single activity such as targeted ads.

15 Comments | Leave a Comment..

 
Too Much Free Time

Too Much Free Time

by Mike Masnick


Filed Under:
opt-in, opt-out



Time To Do Away With Sleazy Checkbox Opt-Outs

from the give-people-a-little-credit dept

We've all seen the practice of somewhat sleazy "opt-out" offerings on things. You sign up to buy something at an e-commerce site and you have to uncheck a box or you'll get bombarded by promotional emails for the rest of your life. However, Jeremy Wagstaff is pointing out one that's even more questionable. Apparently, on a Lenovo page for journalists, it includes two confusing checkboxes. The first says: "Please use e-mail to send me information about other offerings." The second says: "Please do not use this data to send me information about other offerings." They're checkboxes (not radio buttons), meaning that you can check none, one, the other or both... which raises some interesting questions. What happens if you check none or if you check both?

19 Comments | Leave a Comment..

 
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