NAI determines that a member has engaged in a material violation of the 2015 Code
of Conduct.
62
In addition, another industry organization comprised of marketing and advertising industry associations was established in 2009. Its membership includes the
Association of National Advertisers, The American Advertising Federation, the
American Association of Advertising Agencies, the Network Advertising Initiative,
Direct Marketing Association (DMA), and Interactive Advertising Bureau.
63 The
Network Advertising Initiative (NAI) has adopted a self-regulatory code that
requires transparency, an opt-in choice before sensitive information may be used
for behavioral advertising, and reasonable security provisions.
64 However, the FTC
has criticized the NAI’s definition of “sensitive information” as being too narrow.
65
A relatively new organization, the Digital Advertising Alliance (DAA) requires
companies to “inform consumers of data practices, allow consumers to opt out of
behavioral advertising, maintain reasonable security for the data collected, and
refrain from using sensitive information for behavioral advertising without consumers’ opt-in consent”.
66 Starting in 2011, the DAA expanded its efforts to include
social networks and non-advertising firms. Enforcement is handled by the DMA and
the Council of Better Business Bureau.
67
Despite the fact that the FTC issued guidelines and best practices for selfregulation of consumer privacy in both 2009 and 2012, self-regulation covering
the use of digital information has obtained only mixed results.
68 Critics contend
point to the growing use of online behavioral advertising (OBA) and other forms of
personalization in the advertising field as evidence that self-regulation does not
preserve consumer privacy.
69
62 Id.
63 Listokin (2017), pp. 92–95 at 94.
64 Digital Advert. All., Self-Regulatory Principles for Online Behavioral Advertising 12, 14–15,
17 (2009), http://digitaladvertisingalliance.org/sites/digital.daaoperations.org/files/DAA_files/
seven-principles-07-01-09.pdf.
65 Rich (2015), p. 2.
66 Federal Trade Commission, “Cross-Device Tracking an FTC Staff Report”, January 2017 at
1, citing Digital Advert. All., Self-Regulatory Principles For Online Behavioral Advertising
12, 14–15, 17 (2009), http://digitaladvertisingalliance.org/sites/digital.daaoperations.org/files/
DAA_files/seven-principles-07-01-09.pdf.
67 Listokin (2017), p. 94.
68 Id.
69 Castro (2011), p. 8.
Data Protection in the United States: U.S. National Report
417
of Conduct.
62
In addition, another industry organization comprised of marketing and advertising industry associations was established in 2009. Its membership includes the
Association of National Advertisers, The American Advertising Federation, the
American Association of Advertising Agencies, the Network Advertising Initiative,
Direct Marketing Association (DMA), and Interactive Advertising Bureau.
63 The
Network Advertising Initiative (NAI) has adopted a self-regulatory code that
requires transparency, an opt-in choice before sensitive information may be used
for behavioral advertising, and reasonable security provisions.
64 However, the FTC
has criticized the NAI’s definition of “sensitive information” as being too narrow.
65
A relatively new organization, the Digital Advertising Alliance (DAA) requires
companies to “inform consumers of data practices, allow consumers to opt out of
behavioral advertising, maintain reasonable security for the data collected, and
refrain from using sensitive information for behavioral advertising without consumers’ opt-in consent”.
66 Starting in 2011, the DAA expanded its efforts to include
social networks and non-advertising firms. Enforcement is handled by the DMA and
the Council of Better Business Bureau.
67
Despite the fact that the FTC issued guidelines and best practices for selfregulation of consumer privacy in both 2009 and 2012, self-regulation covering
the use of digital information has obtained only mixed results.
68 Critics contend
point to the growing use of online behavioral advertising (OBA) and other forms of
personalization in the advertising field as evidence that self-regulation does not
preserve consumer privacy.
69
62 Id.
63 Listokin (2017), pp. 92–95 at 94.
64 Digital Advert. All., Self-Regulatory Principles for Online Behavioral Advertising 12, 14–15,
17 (2009), http://digitaladvertisingalliance.org/sites/digital.daaoperations.org/files/DAA_files/
seven-principles-07-01-09.pdf.
65 Rich (2015), p. 2.
66 Federal Trade Commission, “Cross-Device Tracking an FTC Staff Report”, January 2017 at
1, citing Digital Advert. All., Self-Regulatory Principles For Online Behavioral Advertising
12, 14–15, 17 (2009), http://digitaladvertisingalliance.org/sites/digital.daaoperations.org/files/
DAA_files/seven-principles-07-01-09.pdf.
67 Listokin (2017), p. 94.
68 Id.
69 Castro (2011), p. 8.
Data Protection in the United States: U.S. National Report
417