“We thank Judge Carol Fox Foelak for hearing the evidence that the new rules would cost businesses a lot more than the FTC estimates. In fact, the judge found that the FTC failed to properly analyze the potential effects of more fine print and one-size-fits-all mandates for different platforms and devices, which would ruin consumers’ online experience,” said IAB’s Executive Vice President for Public Policy Lartease Tiffith, who argued against the changes in several public hearings.

“The FTC’s proposed changes may also violate business owners’ free speech rights, preventing them from offering customers better deals, and would discourage people from subscribing to valuable products and services in the first place,” he added.

The judge noted discrepancies in the FTC’s economic calculations, finding that its estimates of labor and other costs point to a total compliance burden of significantly higher than $100 million, the threshold at which the agency must perform a more thorough review of its proposal.

“It’s clear the FTC overstepped its boundaries and underestimated the costs of these changes to popular services,” said Tiffith. “IAB will continue to work with our partners and the agency to produce a better outcome for businesses and consumers.”

About IAB
The Interactive Advertising Bureau empowers the media and marketing industries to thrive in the digital economy. Its membership comprises more than 700 leading media companies, brands, agencies, and the technology firms responsible for selling, delivering, and optimizing digital ad marketing campaigns. The trade group fields critical research on interactive advertising, while also educating brands, agencies, and the wider business community on the importance of digital marketing. In affiliation with the IAB Tech Lab, IAB develops technical standards and solutions. IAB is committed to professional development and elevating the knowledge, skills, expertise, and diversity of the workforce across the industry. Through the work of its public policy office in Washington, D.C., the trade association advocates for its members and promotes the value of the interactive advertising industry to legislators and policymakers. Founded in 1996, IAB is headquartered in New York City.

IAB Media Contacts
Kate Tumino / Brittany Tibaldi
212-896-1252 / 347-487-6794
ktumino@kcsa.com/ btibaldi@kcsa.com

The post IAB Wins Victory at FTC for Businesses and Consumers appeared first on IAB.

Members of Congress addressed the American Privacy Rights Act, Children’s Online Privacy Protection Act 2.0, Kids Online Safety Act, and other bills to regulate digital advertising, online media platforms and content, and the internet. “Like legislators, we want to foster a healthy online environment for kids, where they can continue to access beneficial, age-appropriate content. We also want to make sure bills to protect all Americans’ data privacy also protect the benefits of the ad-supported internet, including millions of jobs across the country and a large share of U.S. economic growth,” said IAB’s Executive Vice President for Public Policy Lartease Tiffith in a statement accompanying his letter to Congress.

“The Internet is built on the continuous exchanges of data between devices and servers. Without these data exchanges, the Internet and its social, cultural, economic, and personal benefits would not exist,” he writes in his letter. According to IAB, without changes, data privacy legislation in Congress could amount to hundreds of billions of dollars in lost revenue and compliance costs for businesses of every size, as well as increased costs for small businesses and consumers, unable to afford higher advertising prices or new paywalls and subscriptions for previously free, ad-supported products and services.

Specifically, vague language, exemptions, and carve-outs in the American Privacy Rights Act could encourage a patchwork of state laws, fines at multiple levels of government, and a barrage of lawsuits. Exceeding restrictions in many state laws, the bill would ban anonymous browsing and video viewing history helping media publishers, including small website publishers, to better serve audiences and earn income. Language in the proposed Kids Online Safety Act could force businesses to treat every online visitor as a child, creating impediments to access for general audiences. As an extreme example, the Banning Surveillance Advertising Act, another subject of today’s hearing, could effectively eliminate the commercial internet.

“We appreciate Congress’ hard work and intent to protect Americans’ and especially children’s privacy,” said Tiffith. “But we should also remember that the internet and digital advertising have been a democratizing force, allowing more people to communicate, create, and advocate for issues important to them. Small businesses can compete nationally or even globally. IAB research shows consumers understand the value of data exchange and personalized advertising. Our country has been a technology leader, because we have allowed innovation to flourish. IAB is urging Congress to add more balance to legislation that could have some very negative unintended consequences.”

About IAB
The Interactive Advertising Bureau empowers the media and marketing industries to thrive in the digital economy. Its membership comprises more than 700 leading media companies, brands, agencies, and the technology firms responsible for selling, delivering, and optimizing digital ad marketing campaigns. The trade group fields critical research on interactive advertising, while also educating brands, agencies, and the wider business community on the importance of digital marketing. In affiliation with the IAB Tech Lab, IAB develops technical standards and solutions. IAB is committed to professional development and elevating the knowledge, skills, expertise, and diversity of the workforce across the industry. Through the work of its public policy office in Washington, D.C., the trade association advocates for its members and promotes the value of the interactive advertising industry to legislators and policymakers. Founded in 1996, IAB is headquartered in New York City.

IAB Media Contacts
Kate Tumino / Brittany Tibaldi
212-896-1252 / 347-487-6794
ktumino@kcsa.com/ btibaldi@kcsa.com

The post IAB Raises Concerns About New National Data Privacy Proposal appeared first on IAB.

“This proposal provides exemptions for small businesses relying on data and digital advertising to compete in today’s economy, and it reflects a majority of state laws requiring opt-out mechanisms for consumers who may not want personalized ads or content,” he said. “However, it’s important that the bill fully preempt state laws to create a uniform national code. A private right of action could create a flood of lawsuits, so it’s important that the language be airtight. Companies should have at least a year to comply before enforcement starts.”

The American Data Privacy Act is an update to the American Data Privacy and Protection Act, which failed to earn Senate support in the previous Congress. This year’s bicameral, bipartisan bill is a major step forward, said Tiffith. “IAB will continue to emphasize digital advertising’s contributions to innovation, jobs, and economic growth, as we encourage policymakers to make additional needed changes to the legislation.”

About IAB
The Interactive Advertising Bureau empowers the media and marketing industries to thrive in the digital economy. Its membership comprises more than 700 leading media companies, brands, agencies, and the technology firms responsible for selling, delivering, and optimizing digital ad marketing campaigns. The trade group fields critical research on interactive advertising, while also educating brands, agencies, and the wider business community on the importance of digital marketing. In affiliation with the IAB Tech Lab, IAB develops technical standards and solutions. IAB is committed to professional development and elevating the knowledge, skills, expertise, and diversity of the workforce across the industry. Through the work of its public policy office in Washington, D.C., the trade association advocates for its members and promotes the value of the interactive advertising industry to legislators and policymakers. Founded in 1996, IAB is headquartered in New York City.

IAB Media Contacts
Kate Tumino / Brittany Tibaldi
212-896-1252 / 347-487-6794
ktumino@kcsa.com/ btibaldi@kcsa.com

The post IAB Praises Progress, Seeks Improvements to National Data Privacy Legislation appeared first on IAB.

Broadening the definition of “personally identifiable information” new FTC rules could prevent photo, video and voice applications common in gaming and other media, as well as screen names, avatars and other features that have become standard practice online, according to IAB.

The FTC’s Notice of Proposed Rulemaking (NPRM) could “eviscerate COPPA’s support for the internal operations exception,” allowing anonymous data collection, aggregation and analysis for the purposes of fraud detection, product improvement, payment and delivery functions, optimization, statistical reporting, and other basic business functions.

Congress passed the Children’s Online Privacy Protection Act of 1998, or COPPA, to define FTC authority over websites or online services directed to children under 13 years of age.

“We support online privacy for kids, but some of these changes would make it extremely difficult for companies to offer any products or services at all. The FTC is proposing to ban identifiers that encourage or prompt use of a website or online service,’ but that could mean anything,” said Lartease Tiffith, Executive Vice President for Public Policy at IAB. “The FTC has long recognized repeatedly that collecting identifiers… is fundamental to the smooth functioning of the Internet, the quality of the site or service, and the individual’s user experience,” he writes in today’s filing.

Contextual advertising clearly falls under that category, he writes. “The Commission should not disturb the longstanding position that contextual advertising falls within the support for internal operations exception.”

“Data-driven advertising supports and subsidizes the online content and services consumers, including children, rely on and expect. Regulation that impedes data-driven advertising has the potential to disrupt or decrease the varied and enriching content children can access and learn from online.”

About IAB
The Interactive Advertising Bureau empowers the media and marketing industries to thrive in the digital economy. Its membership comprises more than 700 leading media companies, brands, agencies, and the technology firms responsible for selling, delivering, and optimizing digital ad marketing campaigns. The trade group fields critical research on interactive advertising, while also educating brands, agencies, and the wider business community on the importance of digital marketing. In affiliation with the IAB Tech Lab, IAB develops technical standards and solutions. IAB is committed to professional development and elevating the knowledge, skills, expertise, and diversity of the workforce across the industry. Through the work of its public policy office in Washington, D.C., the trade association advocates for its members and promotes the value of the interactive advertising industry to legislators and policymakers. Founded in 1996, IAB is headquartered in New York City.

IAB Media Contacts
Kate Tumino / Brittany Tibaldi
212-896-1252 / 347-487-6794
ktumino@kcsa.com/ btibaldi@kcsa.com

The post IAB Supports Children’s Online Privacy, Warns FTC Against Rules Jeopardizing Access to Safe, Healthy Content appeared first on IAB.

“IAB fully supports rules prohibiting fake reviews and to punish bad actors. Unfortunately, the FTC’s latest proposal for online reviews, an essential component of success for businesses competing in today’s economy, and a form of free expression, could prohibit incentives for real customer reviews, prevent employees from speaking their minds online, and unfairly punish businesses unable to verify the authenticity of reviews,” said Tiffith.

Section 230 of the Communications Decency Act protects internet service providers and platforms from liability for third-party content, for example customer reviews, said Tiffith. “The FTC is underestimating the effects of these rules and needs to explain its conclusions in open dialog. Businesses, including small businesses subject to big fines and penalties, could be punished for the behavior of others.”

In its latest filing with the agency, IAB describes a rushed rulemaking process, similar to one underway for proposed FTC rules for online subscriptions. After the FTC denied IAB’s request for more hearings to cross-examine its experts, an administrative judge has set a third hearing next week, finding in favor of IAB. That hearing for the so-called “negative option” rule will take place on Wednesday. To view IAB’s second FTC appearance next week, click here.

“In its zeal to regulate digital advertising and marketing, the FTC is overlooking myriad benefits to consumers and our economy, as well as some fundamental constitutional issues,” said Tiffith. “We’re making sure officials there have all the facts, and the agency is following procedure, in hopes of narrowing the scope of very broad rules with consequences for every internet user.”

About IAB
The Interactive Advertising Bureau empowers the media and marketing industries to thrive in the digital economy. Its membership comprises more than 700 leading media companies, brands, agencies, and the technology firms responsible for selling, delivering, and optimizing digital ad marketing campaigns. The trade group fields critical research on interactive advertising, while also educating brands, agencies, and the wider business community on the importance of digital marketing. In affiliation with the IAB Tech Lab, IAB develops technical standards and solutions. IAB is committed to professional development and elevating the knowledge, skills, expertise, and diversity of the workforce across the industry. Through the work of its public policy office in Washington, D.C., the trade association advocates for its members and promotes the value of the interactive advertising industry to legislators and policymakers. Founded in 1996, IAB is headquartered in New York City.

IAB Media Contacts
Kate Tumino / Brittany Tibaldi
212-896-1252 / 347-487-6794
ktumino@kcsa.com/ btibaldi@kcsa.com

The post IAB Defends Online Speech, Commerce at FTC appeared first on IAB.

According to IAB, the CFPB’s “unlawful” interpretation of 2010’s Dodd-Frank Wall Street Reform and Consumer Protection Act threatens consumers’ ability to understand and access online services including banking and budget apps, tax assistance, and subscription management tools. The CFPB is the latest federal agency to minimize constitutional protections for commercial speech, encompassing advertising and marketing communications. Rather than empowering consumers, the CFPB proposes to restrict consumers’ rights to enter mutually beneficial agreements with financial services providers and their partners, argues IAB.

“Our industry fully supports data access, transparency, and protection for consumers,” said IAB Executive Vice President for Public Policy Lartease Tiffith. “However, the CFPB is overstepping its authority to attack digital advertising. Digital advertising empowers small businesses and consumers. It powers the open internet, including open banking, which the CFPB aims to promote. We’re encouraging the agency to consider the value of data and digital advertising to innovation, jobs and economic growth, and to rethink this troubling element of the NPRM that would harm consumers’ ability to improve their financial understanding and wellbeing.”

The CFPB joins the Federal Trade Commission (FTC) in proposing to restrict or eliminate data-driven digital advertising supporting millions of jobs and free online content and services for millions of Americans. IAB is aggressively advocating for the industry in Washington, D.C., state capitals, and internationally.

About IAB
The Interactive Advertising Bureau empowers the media and marketing industries to thrive in the digital economy. Its membership comprises more than 700 leading media companies, brands, agencies, and the technology firms responsible for selling, delivering, and optimizing digital ad marketing campaigns. The trade group fields critical research on interactive advertising, while also educating brands, agencies, and the wider business community on the importance of digital marketing. In affiliation with the IAB Tech Lab, IAB develops technical standards and solutions. IAB is committed to professional development and elevating the knowledge, skills, expertise, and diversity of the workforce across the industry. Through the work of its public policy office in Washington, D.C., the trade association advocates for its members and promotes the value of the interactive advertising industry to legislators and policymakers. Founded in 1996, IAB is headquartered in New York City.

IAB Media Contacts
Kate Tumino / Brittany Tibaldi
212-896-1252 / 347-487-6794
ktumino@kcsa.com/ btibaldi@kcsa.com

The post Digital Advertising Vital to Consumer Financial Services, States IAB in Latest Regulatory Filing appeared first on IAB.

On January 16th at 10 am ET, IAB Executive Vice President for Public Policy Lartease Tiffith, who last year called on the FTC to convene a hearing to address problems with new “click to cancel” rules, is scheduled to deliver 10-minute remarks. However,Tiffith underscored problems with the hearing format in a statement today. “IAB appreciates the opportunity to appear, but this very limited, informal hearing is another sign the FTC fails to grasp the significance of its own rules, which could upend a business model with consumer benefits. Mandating more fine print, requiring unworkable technical schemes, and prohibiting businesses from offering better deals without layers of consent, would cost consumers time, money, and services they enjoy.”

“A series of brief remarks at a hearing with a foregone conclusion allows the agency to avoid its responsibility to understand the consequences,” said Tiffith, noting that similar hearings have required several weeks, dozens of witnesses, and thousands of pages of evidence. “Over a thousand stakeholders including IAB, who have submitted public comments to the FTC, should expect an equal level of attention to this important issue for digital advertisers and marketers.”

About IAB
The Interactive Advertising Bureau empowers the media and marketing industries to thrive in the digital economy. Its membership comprises more than 700 leading media companies, brands, agencies, and the technology firms responsible for selling, delivering, and optimizing digital ad marketing campaigns. The trade group fields critical research on interactive advertising, while also educating brands, agencies, and the wider business community on the importance of digital marketing. In affiliation with the IAB Tech Lab, IAB develops technical standards and solutions. IAB is committed to professional development and elevating the knowledge, skills, expertise, and diversity of the workforce across the industry. Through the work of its public policy office in Washington, D.C., the trade association advocates for its members and promotes the value of the interactive advertising industry to legislators and policymakers. Founded in 1996, IAB is headquartered in New York City.

IAB Media Contacts
Kate Tumino / Brittany Tibaldi
212-896-1252 / 347-487-6794
ktumino@kcsa.com/ btibaldi@kcsa.com

The post IAB to Appear at FTC “Click To Cancel” Hearing appeared first on IAB.

“IAB is proud to join tech and civil society groups in an amicus brief urging the Supreme Court to overturn Texas and Florida laws prohibiting content moderation. Editorial control helps to shape a website’s identity, create a brand, and attract an audience, also helping unique and diverse voices to find community and flourish. Content moderation is not only an audience and brand safety issue, however. Laws forcing websites, social media platforms, and other internet services to host objectionable content violate the First Amendment and would upend the internet as we know it. Conflicting state laws would place an enormous burden on providers and convince many to never enter the market in the first place, reducing opportunities for free expression. The Supreme Court must uphold constitutional guarantees, as well as established internet law, to ensure the First Amendment endures.”

About IAB
The Interactive Advertising Bureau empowers the media and marketing industries to thrive in the digital economy. Its membership comprises more than 700 leading media companies, brands, agencies, and the technology firms responsible for selling, delivering, and optimizing digital ad marketing campaigns. The trade group fields critical research on interactive advertising, while also educating brands, agencies, and the wider business community on the importance of digital marketing. In affiliation with the IAB Tech Lab, IAB develops technical standards and solutions. IAB is committed to professional development and elevating the knowledge, skills, expertise, and diversity of the workforce across the industry. Through the work of its public policy office in Washington, D.C., the trade association advocates for its members and promotes the value of the interactive advertising industry to legislators and policymakers. Founded in 1996, IAB is headquartered in New York City.

IAB Media Contacts
Kate Tumino / Brittany Tibaldi
212-896-1252 / 347-487-6794
ktumino@kcsa.com/ btibaldi@kcsa.com

The post IAB Joins Leading Tech and Civil Society Groups Urging Supreme Court to Overturn Texas and Florida Laws Preventing Content Moderation appeared first on IAB.

In its amicus brief, or “friend of the court” filing, which IAB submitted last month to assist the U.S. District Court for Western Washington to make a just decision, IAB warns the FTC is misrepresenting standard advertising practices, which the agency itself employs, and overstepping its legal and constitutional authority. A ruling in favor of the FTC could subject everything from text color, size, and position to unpredictable punishment and broadly threaten First Amendment-protected commercial speech, or “truthful marketing that the FTC deems to be too convincing.” The FTC failed to block IAB comments from proceedings.

In its reply, IAB successfully argues for their inclusion to enhance the court’s understanding of digital advertising and marketing issues. “Contrary to the FTC’s arguments, the Interactive Advertising Bureau’s proposed amicus brief provides this Court with a unique and important perspective born from IAB’s nearly three decades of experience involving issues in digital advertising and marketing,” writes IAB. The FTC may disagree with IAB’s perspective, “but none of the FTC’s arguments are cogent reasons for disallowing IAB’s participation.”

Offering additional data and context from interested parties, amicus briefs can help to prevent court rulings with unintended consequences. “Whatever happens with Amazon, IAB and its members are gravely concerned about the threat to truthful speech in advertising and uneven, subjective enforcement,” states IAB.

About IAB
The Interactive Advertising Bureau empowers the media and marketing industries to thrive in the digital economy. Its membership comprises more than 700 leading media companies, brands, agencies, and the technology firms responsible for selling, delivering, and optimizing digital ad marketing campaigns. The trade group fields critical research on interactive advertising, while also educating brands, agencies, and the wider business community on the importance of digital marketing. In affiliation with the IAB Tech Lab, IAB develops technical standards and solutions. IAB is committed to professional development and elevating the knowledge, skills, expertise, and diversity of the workforce across the industry. Through the work of its public policy office in Washington, D.C., the trade association advocates for its members and promotes the value of the interactive advertising industry to legislators and policymakers. Founded in 1996, IAB is headquartered in New York City.

IAB Media Contacts
Kate Tumino / Brittany Tibaldi
212-896-1252 / 347-487-6794
ktumino@kcsa.com/ btibaldi@kcsa.com

The post U.S. Court Overrules FTC, Orders IAB Insight be Included in “Dark Patterns” Case Affecting Future of Advertising appeared first on IAB.

Broadly defending advertisers and marketers, IAB asserts in its amicus brief that a ruling in favor of the FTC could give the agency nearly unlimited authority to police commercial speech that is neither deceptive nor misleading – the legal standard for penalties.

“What the FTC is actually alleging is that consumers were convinced by an advertiser’s accurate description of a program’s benefits,” according to IAB. In addition to criminalizing effective language, the FTC’s theory of “dark patterns” could criminalize design elements such as size and color. Because they are standard and widespread, IAB notes the FTC employs the same marketing practices it alleges are violations of federal law.

IAB has previously challenged similar FTC rulemaking. In June, the trade association filed public comments disputing proposed rules for “negative options” that would mandate cumbersome online subscription practices. In both cases, IAB has defended the benefits of online marketing and advertising for U.S. consumers, as well as businesses.

About IAB
The Interactive Advertising Bureau empowers the media and marketing industries to thrive in the digital economy. Its membership comprises more than 700 leading media companies, brands, agencies, and the technology firms responsible for selling, delivering, and optimizing digital ad marketing campaigns. The trade group fields critical research on interactive advertising, while also educating brands, agencies, and the wider business community on the importance of digital marketing. In affiliation with the IAB Tech Lab, IAB develops technical standards and solutions. IAB is committed to professional development and elevating the knowledge, skills, expertise, and diversity of the workforce across the industry. Through the work of its public policy office in Washington, D.C., the trade association advocates for its members and promotes the value of the interactive advertising industry to legislators and policymakers. Founded in 1996, IAB is headquartered in New York City.

IAB Media Contacts
Kate Tumino / Brittany Tibaldi
212-896-1252 / 347-487-6794
ktumino@kcsa.com/ btibaldi@kcsa.com

The post FTC “Dark Patterns” Theory Crosses Dangerous Constitutional Line, IAB Argues in Amicus Brief to Federal Court appeared first on IAB.