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Advertising & Marketing Law Conference

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Broadcasting Commission

on 18 April 2018

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Transcript of Advertising & Marketing Law Conference

“The Digital Economy & Society: Emerging Issues for the Future Regulation of Content and Broadcasting Across Networks, Platforms and Devices”
is the handmaiden of
Connected Devices -
Almost Prescient
Srinagrind Hospital, Thailand
Pokemon GO Privacy Policy
July 1, 2016
Collection and Use of Information
Our servers automatically record a User's ...
IP address
browsed, time spent
the links
clicked on, and other statistics.
Information that we collect
from our users is
to be a business asset.
Collection and Use of Information
We may about you
disclose any information
to government
or law enforcement officials or private parties
in our sole discretion,
as we, believe necessary or appropriate...

Following termination
or deactivation of your... Account
Niantic, its clients, or service providers may
retain your
information
...and user content
for a commercially
reasonable time period...
March 2016 study:
54%
70%
"might be willing to share personal data for money"
"agree companies should give coupons and discounts in return for data about device use"
Advertising Revenues per User (ARPU)
Monetisation of Personal Information
Growing trend - Users receiving money for their personal data.
Concluding Thoughts
The Regulator's Dilemma
PET x LLDL x CPI
Proliferation of Exponential Technologies x Low Levels of Digital Literacy x Commodification of Personal Information
The situation calls not for the judgment of Solomon but for the dexterity of Houdini!
Connectivity
ADVERTISING
Cordel Green
Executive Director
Advertising & Marketing Law Conference, 1st March 2018, Kingston
ERA OF MASS SURVEILLANCE
Disclosure
Storage
Collection
Monetisation of personal data
The Price of " onnectivity"
Connectivity eco-system - built on "freely" available information:
Location
Dangers of Commodification of Personal Information
Historic Behaviour
Activities
browser type, operating system... the pages or features
of our Services which a User
pages or features, search terms,
on those
that a user
considered
$45
Source: www.statista.com/statistics/306570/google-annualized-advertising-arpu/)
www.statista.com/statistics/234056/facebooks-average-advertising-revenue-per-user/
South Korean Consumers' Valuation of Personal Information
$9.45
$500-$1500
Source: Kim, J. & Yeo, J., Valuation of Consumers’ Personal Information: A South Korean Example; J Fam Econ Iss (2010) 31: 297
Customer score assigned by data brokers;

Profile-based advertising;

Profile-based business decisions (informed or based on individual's online searches);

First-degree Price discrimination (predict individual's price point sensitivity and exploit in negotiating price);
Alison, I. “Imogen Heap shows how smart music contracts work using Ethereum,” International Business Times, October 4, 2015, http://www.ibtimes.co.uk/imogen-heap-shows-how-music-smart-contracts-work-using-ethereum-1522331.

Bogart, S; Rice, K. “The blockchain report: Welcome to the Internet of value,” Needham and Company LLC, October 21, 2015, http://storj.io/TheBlockchainReport.pdf, accessed January 4, 2016. View in article

Deloitte. Tech Trends 2016. www2.deloitte.com/global/en/pages/technology/articles/tech-trends.htm
Deloitte analysis and CoinDesk, “Bitcoin venture capital,” http://www.coindesk.com/bitcoin-venture-capital/, accessed January 4, 2016. View in article
Deloitte University Press Tech Trends 2014;

Diamandis, P. Robot Revolution: These Are the Breakthroughs You Should Watch; http://singularityhub.com/2016/03/15/robot-revolution-these-are-the-breakthroughs-you-should-watch.

EU. The General Data Regulation –GDPR, http://ec.europa.eu/justice/data-protection/reform/index_en.htm

Fortnightly Corp. v United Artists Television, Inc., 392 U.S. 390, 402 (1968)

Frank, A. Pokémon Go has Full Access to Players’ Accounts on Jul 11, 2016 at
http://www.wsj.com/articles/pokemon-go-creator-closes-privacy-hole-but-still-collects-user-data-1468363704

Hachman, M. The price of free: how Apple, Facebook, Microsoft and Google sell you to advertisers.;2015 http://www.pcworld.com/article/2986988/privacy/the-price-of-free-how-apple-facebook-microsoft-and-google-sell-you-to-advertisers.html

Khanna, P. Connectography: Mapping the Future of Global Civilisation. New York: Random House, [2016].

Kim, J. & Yeo, J. Valuation of Consumers’ Personal Information: A South Korean Example; J Fam Econ Iss (2010) 31: 297.

Liem, C., Petropoulos, G. The economic value of personal data for online platforms, firms and consumers. http://blogs.lse.ac.uk/businessreview/2016/01/19/the-economic-value-of-personal-data-for-online-platforms-firms-and-consumers/

Niantic. Pokémon GO Privacy Policy (last updated July 1, 2016). https://www.nianticlabs.com/privacy/pokemongo/en

Piscini, E; Guastella, J; Rozman, A; Nassim, T. Block Chain: The Future of Trust. http://dupress.com/articles/blockchain-applications-and-trust-in-a-global-economy/
Schatsky, D; Muraskin, C. Beyond bitcoin, Deloitte University Press, December 7, 2015,http://dupress.com/articles/trends-blockchain-bitcoin-security-transparency/, accessed January 4, 2016. View in article

Smith, S. Empowering Individuals To Monetize Personal and IOT Data Using Smart Contracts and The Block Chain. https://www.linkedin.com/pulse/empowering-individuals-monetize-personal-iot-data-knowledgelevers

Tennison, J. What is the impact of blockchains on privacy? https://theodi.org/blog/impact-of-blockchains-on-privacy

Zyskind,G; Nathan, O; Pentland, A. Decentralizing Privacy: Using Blockchain to Protect Personal Data, http://web.media.mit.edu/~guyzys/data/ZNP15.pdf

References
Fortas J. - Fortnightly Corp. v United Artists Television
Companies
Tech

Kings
Content
becoming
All the devices we carry and those at home and work will automatically connect, seamlessly (phone, ipads, ipods, wearable devices, screens, thermostats, DVRs, computers, cars etc.)
An app will search your communication history to find out where you are; use GPS to confirm your location; use Google Maps to check traffic conditions, predict that you want to dine out, push restaurants in close location to your phone, choose a restaurant for you, work out the best driving route to the restaurant of your choice, and notify you when to leave should you want to get ahead of traffic.
Connectivity
Prescient Service
Citizens access news, information, entertainment, education, geo-location/directions, home management and shopping, translations and many other services on and across multiple screens and devices, unfettered by platforms as technologies converge and interoperability becomes the norm.
Prescient Service
Mass Surveillance
who controls your data and what is it being used for?
1. Everything is online. It’s a rich data set for marketers who want to target a specific
demographic.

2. We can all be identified all the time we are on the internet (cookies, IP address,
browsers).

3. Fonts that are in the font cache can identify 90% of computers in the world (I did not
know that!).

4. The apps on your smartphone track you.

Jim Waldo, Chief Technology Officer for the John A. Paulson School of Engineering and Applied Sciences, Harvard.
“Your cell phone provider knows your location; vendors record your purchasing patterns; your email, texts, and social network activity are stored indefinitely; and all this information is used by [corporations] to manipulate, discriminate, and censor your experiences.”
Bruce Schneier - “Data and Goliath”
Verve's core business -
'the ability to profile devices to turn disparate data signals into actionable insights which in turn inform highly refined audience segments. Equally important is the capacity to contextualize behavioral insights with place data to drive personalized recommendations for promotions and coupons.'
Who controls your data and what is it being used for?
It is becoming easier to extract location data.
Marketers & advertisers now target children and teenagers with a high degree of precision based on geographic location, demographics (gender, age,) and their interests which may be reflected in their posts, likes, comments, shares, retweets, hashtags, etc.
Who controls your data and what is it being used for?
Data Collection Vis-à-vis Data Correlation
In the digital world, we are tracked in real time and the data is used to “build personal profiles of each of us.”
Stanford computer scientists have revealed just how possible it is to identify a person’s private information using only metadata.
Person
A
communicated with multiple local neurology groups, a specialty pharmacy, a rare condition management service, and a hotline for a pharmaceutical used solely to treat relapsing multiple sclerosis.
Person
B
spoke at length with cardiologists, talked with a medical lab, received calls from a pharmacy, and placed calls to a hotline for a medical device used to monitor a cardiac condition.
Person
C
placed a long early morning call to her sister; two days later she made several calls to an abortion clinic. She made brief calls to the abortion clinic two weeks later, and then made a final call a month after.
The Stanford analysis revealed that:
“With your permission, you give us more information about you, about your friends...We know where you are. We know where you've been. We can more or less know what you're thinking about.”
Eric Schmidt, former Google CEO
Researchers at Carnegie Mellon University found that the average privacy policy is 2500 words and take an average 10 minutes to read. (Out-Law.com).
The majority of internet users either do not read privacy policies before agreeing to them, have little or no idea what the policies actually mean. (Morran, Dachis).
Pokémon Go is illustrative.
The Bargain of Surveillance in Exchange for Free Service is Unfair
Advertising revenue of Google from 2001 to 2017 (in billion U.S. dollars)
Personal Information as Property
Misappropriation of personality.
Property right in personal information?
1. Content regulation remains relevant in the digital age.
2. Issues requiring attention:
Concluding Thoughts
Ethical advertising.
Intensity ratings for virtual reality and augmented reality.
Concluding Thoughts
2. The issues requiring policy and regulatory attention include:
Concluding Thoughts
2. The issues requiring policy and regulatory attention include:
Development of an appropriate framework to deal with Internet Service Providers which opt to be Content Companies.
3. Prioritize Digital Literacy
Concluding Thoughts
(Schneier, pp. 2-3).
Lord Denning's ‘Big Red Hand Test’
Spurling v Bradshaw [1956] EWCA Civ 3
A shift from silos of data to treatment of each data item as an actual unit of value.


[See “Data Item Pair” (DIP) disclosed in patent application USPTO 8862506, which defines the smallest necessary and sufficient unit of tradeable data];
Media manipulation.
Commercial use of personal information vis-a-vis information asymmetry.
Framework for Internet Service Providers which are Content Companies.
It is becoming easier to extract location data.
THANK YOU!
THANK YOU!
Person
A
communicated with multiple local neurology groups, a specialty pharmacy, a rare condition management service, and a hotline for a pharmaceutical used solely to treat relapsing multiple sclerosis.
Person
B
spoke at length with cardiologists, talked with a medical lab, received calls from a pharmacy, and placed calls to a hotline for a medical device used to monitor a cardiac condition.
Person
C
placed a long early morning call to her sister; two days later she made several calls to an abortion clinic. She made brief calls to the abortion clinic two weeks later, and then made a final call a month after.
Person
A
communicated with multiple local neurology groups, a specialty pharmacy, a rare condition management service, and a hotline for a pharmaceutical used solely to treat relapsing multiple sclerosis.
Person
B
spoke at length with cardiologists, talked with a medical lab, received calls from a pharmacy, and placed calls to a hotline for a medical device used to monitor a cardiac condition.
Person
C
placed a long early morning call to her sister; two days later she made several calls to an abortion clinic. She made brief calls to the abortion clinic two weeks later, and then made a final call a month after.
The Stanford analysis revealed that:
Full transcript