New Marketing Model Tracks Web Activity, Profiles User
  <http://www.sci-tech-today.com/story.xhtml?story_id=62004&page=1>New 
Marketing Model Tracks Web Activity, Profiles User
By Jeff Smith
September 23, 2008 7:21AM

Being served ads based upon recent Web searches is called 
"behavioral" marketing. Such targeting is stirring up controversy 
these days, in large part because of "deep packet inspection," a 
relatively new technology that can be used to examine the content of 
Internet transmissions rather than capture just a search query or 
Internet address.

[]
  You've been browsing the Internet lately for information about 
carbon emissions to help your daughter with her climate change 
project at school.

You've also done a little shopping in advance of the holidays, buying 
that more-than-you-really-wanted-to-pay-for digital camera for your spouse.

Now, instead of that usual Staples banner ad on the online site of 
your local newspaper, you are getting ads about hybrid cars and 
high-definition TVs.

You may be the recipient of "behavioral" marketing -- the practice of 
examining a person's activities on the Internet, building a profile 
of that consumer, and then delivering ads tailored to the individual.

Such "behavioral" marketing or targeting is stirring up controversy 
these days, in large part because of "deep packet inspection," a 
relatively new technology that can be used to examine the content of 
Internet transmissions rather than capture just a search query or 
Internet address.

"What's different about the new model is that ad networks can tap 
into data streams that ISPs (Internet service providers) have control 
over and use that information to build a profile (of the person)," 
said Alissa Cooper of the Center for Democracy & Technology. "In 
theory, they could be a party to everything you do on the Internet."

The nonprofit center likens the technique to a phone company 
listening in on a person's calls and believes the practice may 
violate federal wiretapping laws. The technology theoretically can be 
used to collect sensitive information such as someone's medical 
records, religious preference or even private e-mails, although 
Internet providers insist that's not their goal.

Traditionally, online advertisers have used "cookies," small text 
files placed on the hard disk of someone's computer, to remember 
certain information about a customer.

For example, a bank might use a cookie to identify a customer's 
account log-in. The information also is used by big search engines 
such as Google to evaluate a person's interests from their search 
queries, and deliver certain ads.

Privacy experts and lawmakers are concerned about that form of 
targeted advertising as well, although deep-packet inspection has 
become a central focus for concern.

Industry officials at the Aspen Summit last month, sponsored by the 
Progress & Freedom Foundation, defended behavioral marketing in 
general as a way to deliver more relevant ads -- and therefore less 
"spam" -- to consumers.

The key, they said, is disclosing tracking policies, making sure 
sensitive information remains secure, keeping data only as long as 
it's needed, and giving consumers the opportunity to "opt-out" of 
data collection programs.

The Federal Trade Commission has echoed that in a draft set of 
principles and encouraged the industry to adopt voluntary standards.

But Capitol Hill is skeptical of self-regulation.

Concerned lawmakers investigated the issue this summer, and the 
hot-button topic is expected to be taken up again.

As part of its inquiry, the House Energy and Commerce Committee asked 
33 companies including Qwest Communications, Level 3 Communications, 
Douglas County-based TW Telecom and Comcast whether they were using 
deep-packet inspection technology to tailor online advertising to consumers.

Those four companies said no, but some others such as Wide Open West, 
which provides Internet services to customers in portions of the 
Midwest, acknowledged testing such technology provided by NebuAd.

Wide Open West maintained that NebuAd looks only at a "subset" of a 
person's Internet activity and doesn't collect data from 
password-protected sites, e-mail, instant messages or Internet 
telephone calls.

British-based Phorm, another company using deep-packet inspection 
techniques, says on its Web site that it assigns random numbers to 
Internet users to keep them anonymous and immediately destroys the data.

While most Internet service providers aren't using deep-packet 
inspection, cookie-related targeted advertising continues to flourish.

Underlying the trend is money.

As Mike Zaneis, vice president of public policy of the Interactive 
Advertising Bureau noted in Aspen, the online advertising business 
has reached $21 billion of revenue annually -- 40 percent from ads 
displayed or related to Internet searches.

Knowing something about what a person does on the Internet is the 
most effective way for companies to advertise online, Zaneis and 
other industry officials said. Internet sites can charge more for ads 
that are effectively targeted to certain socio-economic groups.

William Blumenthal, general counsel of the Federal Trade Commission, 
said the FTC has accepted that there's a benefit to the economy from 
behavioral targeting and that a balance has to be struck.

"We're awfully reluctant to take a heavy-handed approach," he said.

Blumenthal noted that advertising based on a consumer's behavior is 
done "offline" as well. A typical homeowner gets deluged by 
direct-mail offers from mortgage brokers, who use public records to 
collect data about a homeowner's mortgage.

Dan Jaffe, executive vice president of government relations for the 
Association of National Advertisers, said advertisers don't need to 
know a consumer's identity, just the behavior. But he acknowledged 
there's an issue of whether an anonymous consumer later can be identified.

That's precisely what happened in 2006, when AOL mistakenly briefly 
posted 19 million Internet search queries made by more than 650,000 
of its customers.

The New York Times investigated and was able to identify AOL user No. 
4417749 as 62-year-old Thelma Arnold of Georgia by the hundreds of 
searches she had conducted over a three-month period including 
queries for "landscapers in Lilburn, Ga."

Google and other large search engines such as Yahoo and 
<http://www.cio-today.com/accuserve/accuserve-go.php?c=7979>Microsoft<http://www.cio-today.com/accuserve/accuserve-go.php?c=7979>
 
in general support the FTC's principles, as well as an industry draft 
code of conduct, which includes limiting the use of sensitive 
information to create profiles of individuals.

But they don't want to have new laws imposed on them.

Hal Varian, Google's chief economist, maintained the online 
advertising industry wouldn't function well without using cookies to 
examine what's happened before. He said that's what enables a company 
to have a relationship with a customer on the Internet.

Google, in its response to the House Energy and Commerce Committee, 
said it doesn't deliver advertising based on deep-packet inspection.

But the world's largest search engine said it does provide ads that 
relate to the context of someone's search on the Internet. For 
example, if a user searches for asthma, Google said it might provide 
an ad that relates to the treatment of the condition.

Varian also said Google, through its DoubleClick acquisition, is 
using cookies to enable advertisers to limit the number of times a 
user sees an ad through a "frequency capping" program.

If a consumer is searching for cars, for instance, Google might 
deliver an ad showing a red car six times, then change it to a blue 
car so the consumer doesn't develop a "terrible disease called ad 
blindness," Varian said.

Variety makes advertising more relevant, more interesting, he said. 
"If you don't have relevance, you don't have good advertising."

While Google doesn't currently use deep-packet inspection, it told 
the House Committee that it believes behavioral advertising in 
general "can be done in ways that are responsible and protective of 
consumer privacy and the security of consumers' information."

What consumers are most concerned about is the unintended use of the 
data, Varian said. "I think that's primarily a security issue."

Cooper of the Center for Democracy & Technology credited Internet 
companies such as Google for making its tracking systems more 
transparent, and said the FTC's draft principles are a start.

But she said the industry has yet to serve adequate notice to 
consumers about possible tracking, or provide robust consent/opt-out controls.

"Do people understand how much data they are surrendering?" she asked.

Many privacy experts want a law that would require Internet service 
providers to get a customer's explicit consent before tracking 
Web-browsing activity.

Mark Cooper, research director for the Consumer Federation of America 
in Washington, D.C., takes an even harder stance, suggesting that an 
outright ban might be in order.

"I believe that behavioral advertising is inherently deceptive," Cooper said.


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