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FTC regulation of behavioral advertising
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FTC regulation of behavioral advertising : ウィキペディア英語版
FTC regulation of behavioral advertising

The United States Federal Trade Commission (FTC) has been involved in oversight of the behavioral targeting techniques used by online advertisers since the mid-1990s. These techniques, initially called "online profiling", are now referred to as "behavioral targeting"; they are used to target online behavioral advertising (OBA) to consumers based on preferences inferred from their online behavior. During the period from the mid-1990s to the present, the FTC held a series of workshops, published a number of reports and gave numerous recommendations regarding both industry self-regulation and Federal regulation of OBA. In late 2010, the FTC proposed a legislative framework for U.S. consumer data privacy including a proposal for a "Do Not Track" mechanism. In 2011, a number of bills were introduced into the United States Congress that would regulate OBA.〔H.R. 654, Rep. Jackie Speier (D-CA), ''Do Not Track Me Online Act of 2011'', http://speier.house.gov/uploads/Do%20Not%20Track%20Me%20Online%20Act.pdf, Sen. John Kerry (D-MA), cosponsor Sen. John McCain (R-AZ), ''Commercial Privacy Bill of Rights Act of 2011'' (April 12, 2011), http://kerry.senate.gov/work/issues/issue/?id=74638d00-002c-4f5e-9709-1cb51c6759e6&CFID=86949172&CFTOKEN=10485539〕
== Early history ==
“The Federal Trade Commission has been involved in addressing online privacy issues for almost as long as there has been an online marketplace.”〔FTC, ''Privacy Online: A Report to Congress'' (June 1998), http://www.ftc.gov/reports/privacy3/priv-23a.pdf〕 The FTC is now responsible for the enforcement of a number of sector-specific privacy statues, including the Gramm-Leach-Bliley Act, the Children's Online Privacy Protection Act, the CAN-SPAM Act of 2003, and the Telemarketing and Consumer Fraud and Abuse Prevention Act (“Do Not Call Rule”).
In 1995,〔FTC Staff Report, ''Public Workshop on Consumer Privacy on the Global Information Infrastructure'', Dec. 1996, http://www.ftc.gov/reports/privacy/Privacy1.shtm.〕 1996,〔 and 1997〔''See'' - FTC, ''FTC Announces Two Significant Efforts In Its Comprehensive Examination Of Consumer Privacy'' (March 4 1997), http://www.ftc.gov/opa/1997/03/conspriv.shtm.〕 the FTC held public workshops exploring consumer data privacy issues. At these workshops, online advertising industry advocates pressed for self-regulation, while privacy advocates argued that self-regulation could only be successful when backed up by “legally enforceable rights to information privacy”.〔FTC Staff Report, ''Public Workshop on Consumer Privacy on the Global Information Infrastructure'' (December 1996), at 2, http://www.ftc.gov/reports/privacy/Privacy1.shtm.〕 Industry lobbyists argued for opt-out, which allows companies to use personal information for the purposes stated in a privacy policy or other form of notification, unless the consumer “opts-out” and notifies the company not to use the personal information in a certain manner, such as for marketing. Privacy advocates argued for prior affirmative consent, and suggested that software could be used by consumers to communicate their privacy preferences automatically.〔
In 1998, the FTC released a report in which it undertook a comprehensive review of commercial websites’ disclosures of their privacy practices and laid out the Fair Information Practice Principles (FIPPs). The report concluded that, “()s evidenced by the Commission’s survey results, and despite the Commission’s three-year privacy initiative supporting a self-regulatory response to consumers’ privacy concerns, the vast majority of online businesses have yet to adopt even the most fundamental fair information practice (notice/awareness)”.〔''FTC, Privacy Online: A Report to Congress'' (June 1998), at 41, http://www.ftc.gov/reports/privacy3/priv-23a.pdf.〕
The FTC held a further public workshop in 1999,〔FTC Press Release, ''FTC and Commerce Dept. to Hold Public Workshop on Online Privacy'' (September 15, 1999), http://www.ftc.gov/opa/1999/09/profiling.shtm.〕 and in May 2000, released a report which for the first time recommended that Congress pass online privacy legislation to create a basic level of data privacy protection for consumer-oriented commercial web sites.〔FTC, ''Privacy Online: Fair Information Practices in the Electronic Marketplace'' (May 2000), http://www.ftc.gov/reports/privacy2000/privacy2000.pdf.〕
In July 2000, the FTC recommended for the first time that legislation should be passed to protect Internet user’s privacy vis-à-vis online profiling.〔FTC, ''Online Profiling: A Report To Congress, Part 2 Recommendations'' (July 2000), at 11, http://www.ftc.gov/os/2000/07/onlineprofiling.pdf.〕 The FTC further stated that “backstop legislation addressing online profiling is still required to fully ensure that consumers’ privacy is protected online” and recommended that (neutral ) legislation be passed that created a basic level of privacy protection for users of “consumer-oriented commercial websites with respect to profiling”.〔FTC, ''Online Profiling: A Report To Congress, Part 2 Recommendations'' (July 2000), at 10, http://www.ftc.gov/os/2000/07/onlineprofiling.pdf.〕 Under the FTC’s 2000 proposal, all online advertising networks and consumer-oriented commercial websites that allowed the collection of information from or about consumers would be required to implement and comply with the FIPPs.〔
Congress did not enact the FTC’s recommended legislation, and another decade would pass before the FTC again proposed legislation to regulate OBA.〔FTC, ''Protecting Consumer Privacy in an Era of Rapid Change: A Proposed Framework for Businesses and Policymakers'' (December 1, 2010), http://www.ftc.gov/os/2010/12/101201privacyreport.pdf.〕
FTC Commissioner Timothy Muris turned the FTC’s attention away from online privacy and OBA regulation in 2001, stating, “()he slowing of the growth of the Internet emphasizes the need to understand the cost of online privacy legislation…At this time, we need more law enforcement, not more laws”.〔Timothy J. Muris, ''Protecting Consumers' Privacy: 2002 and Beyond, Remarks delivered at the Privacy 2001 Conference'' (October 4, 2001), http://www.ftc.gov/speeches/muris/privisp1002.shtm.〕

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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