Online Profiling


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Data Brokers


Book Description

In this report, the Federal Trade Commission discusses the results of an in-depth study of nine data brokers. These data brokers collect personal information about consumers from a wide range of sources and provide it for a variety of purposes, including verifying an individual's identity, marketing products, and detecting fraud. Because these companies generally never interact with consumers, consumers are often unaware of their existence, much less the variety of practices in which they engage. By reporting on the data collection and use practices of these nine data brokers, which represent a cross-section of the industry, this report attempts to shed light on the data broker industry and its practices. For decades, policymakers have expressed concerns about the lack of transparency of companies that buy and sell consumer data without direct consumer interaction. Indeed, the lack of transparency among companies providing consumer data for credit and other eligibility determinations led to the adoption of the Fair Credit Reporting Act ("FCRA"), a statute the Commission has enforced since its enactment in 1970. The FCRA covers the provision of consumer data by consumer reporting agencies where it is used or expected to be used for decisions about credit, employment, insurance, housing, and similar eligibility determinations; it generally does not cover the sale of consumer data for marketing and other purposes. While the Commission has vigorously enforced the FCRA, 1 since the late 1990s it has also been active in examining the practices of data brokers that fall outside the FCRA.




The FTC's First Five Years


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Online Profiling and Privacy


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Big Data a Tool for Inclusion Or Exclusion? Understanding the Issues


Book Description

We are in the era of big data. With a smartphone now in nearly every pocket, a computer in nearly every household, and an ever-increasing number of Internet-connected devices in the marketplace, the amount of consumer data flowing throughout the economy continues to increase rapidly. The analysis of this data is often valuable to companies and to consumers, as it can guide the development of new products and services, predict the preferences of individuals, help tailor services and opportunities, and guide individualized marketing. At the same time, advocates, academics, and others have raised concerns about whether certain uses of big data analytics may harm consumers, particularly lowincome and underserved populations. To explore these issues, the Federal Trade Commission ("FTC" or "the Commission") held a public workshop, Big Data: A Tool for Inclusion or Exclusion?, on September 15, 2014. The workshop brought together stakeholders to discuss both the potential of big data to create opportunities for consumers and to exclude them from such opportunities. The Commission has synthesized the information from the workshop, a prior FTC seminar on alternative scoring products, and recent research to create this report. Though "big data" encompasses a wide range of analytics, this report addresses only the commercial use of big data consisting of consumer information and focuses on the impact of big data on low-income and underserved populations. Of course, big data also raises a host of other important policy issues, such as notice, choice, and security, among others. Those, however, are not the primary focus of this report. As "little" data becomes "big" data, it goes through several phases. The life cycle of big data can be divided into four phases: (1) collection; (2) compilation and consolidation; (3) analysis; and (4) use. This report focuses on the fourth phase and discusses the benefits and risks created by the use of big data analytics; the consumer protection and equal opportunity laws that currently apply to big data; research in the field of big data; and lessons that companies should take from the research. Ultimately, this report is intended to educate businesses on important laws and research that are relevant to big data analytics and provide suggestions aimed at maximizing the benefits and minimizing its risks.







Advertising and Public Relations Law


Book Description

Addressing a critical need, Advertising and Public Relations Law explores the issues and ideas that affect the regulation of advertising and public relations speech, some of the most dynamic and prevalent areas of professional communications today. This updated third edition explores the categorization of different kinds of speech and their varying levels of First Amendment protection as well as common areas of litigation for communicators such as defamation, invasion of privacy, and copyright and trademark infringement. Features of this edition include: A new chapter on Internet-related laws affecting advertising and public relations speech. History and background of major legal theories affecting professional communicators. Extended excerpts from major court decisions. Overviews of relevant federal and state regulatory schemes, including those promulgated and enforced by the FTC, FCC, FDA and others. Appendices providing a legal glossary, a chart of the judicial system, sample model releases and copyright agreement forms. The volume is developed for upper-level undergraduate and graduate students in media, advertising and public relations law or regulation courses. It also serves as an essential reference for advertising and public relations practitioners.




How Our Laws are Made


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