New York State Legislature Looking at Online Data Privacy

The New York Times reports on a bill being pioneered by Richard Brodsky, a N.Y. state assemblyman, regulating how online advertisers track users. The plan is to give online users an “opt-out” ability so they can choose whether advertisers can track their habits or not. Currently, advertisers have a relative free-for-all in tracking users online. While privacy advocates have instigated tighter controls over individual user information, what is done with that by the advertiser information is still unregulated.

The Times points out how a bill like this shows the clout a state government can have in the online realm. The bill is not the first in the country, but clearly the most broad in dealing with online ads. If the bill were to pass, companies such as Google and Yahoo would be forced to apply them nationally, since segregating users by state is impossible. Microsoft, another titan of online advertising, is all for tighter restrictions with the hope of ousting their top competition, Google.

Brodsky is still working to finalize the bill, but is actively seeking advice from large online advertisers. Google, Yahoo, and Microsoft all are lobbying strongly in Albany. The final form and scope of the bill will have significant impact on how advertising is conducted online.

Post by Gabriel Kassel

Biggest U.S. Spam Suit Settled

Photo Courtesy of Associated Press Images (Photographer Lucy Pemoni (c) 2004)


ValueClick, Inc., an online advertising company, has settled for $2.9 million with the U.S. Federal Trade Commission in what is the largest claim against an online advertiser since the CAN-SPAM act was passed in 2003. The act limits advertising from making deceptive claims when delivered through e-mail.

The company sent e-mails promising “free gifts” to attract users to websites, at which point the user would have to opt-in for satellite television or other services to receive any kind of gift. The FTC has also found ValueClick’s management of user data problematic. Along with the monetary settlement the company is taking an approach to mitigate and remedy problems with their ad formats and technology, and minimize fallout for the company. Nevertheless, a small dip in stock price occurred following news of the settlement.

Post by Gabriel Kassel

Oklahoma blocks online access to public court documents

by Naomi P.

In related news, The First Amendment Center posted an AP report that the Oklahoma Supreme Court is banning or restricting access to public court records and documents that are available online, effective June 10, 2008.

The court’s rationale, as explained in a partial dissent by two of the justices, is that since not all Oklahoma counties have their documents online, no one should have access to the ones posted by the counties that do, until all counties are 'up to speed'.

Documents may still be obtained by going to the actual courthouses. However, personally identifiable and other information may be blacked out, in the interest of privacy issues, as required in the same ruling.