Emerging Global Regulation of Online Tracking

Presented by

D. Reed Freeman; Partner, Morrison & Foerster, LLP

About this talk

Online tracking first sparked regulatory interest over a decade ago. Interest in to topic waned following the burst of the .com bubble and in the few years following it, but it's now back. The Federal Trade Commission, the Privacy Commissioner of Canada, the CNIL, the Article 29 Working Party, and data protection regulators around the world are now expressing interest in the topic. The technology now available has the capacity to provide a significant lift to advertisers and to online publishers who would otherwise have difficulty selling their advertising inventory. On the other hand, regulators and legislators are working on the proper balance between allowing room for innovation and further growth of the Internet and privacy concerns. What type of notice should consumers be given? Should consumers have to opt-in to anonymous tracking, or is opt-out sufficient? Should consumers have the rights to access their online profiles, change them, and delete them? Should different rules apply depending on the data used for targeted advertising? Should different rules apply to different types of advertising based on behavioral data? This session will address all of these issues and provide a snapshot of the lay of the regulatory land in 2010. We will also look a bit into the future and make some predictions on where regulation is likely to move as technology continues to advance.

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