© 2010 Looper Reed & McGraw, P.C.The information contained herein is subject to change without notice

Do Not Track & Search Marketing

Travis CrabtreeLooper Reed & McGrawTuesday, March 8, 2011

SMX Search Marketing Expo

Privacy

Recent inventions and business methods call

attention to the next step which must be

taken for the protection of the person, and for securing to the individual what

Judge Cooley calls the right “to be let

alone”.

Louis Dembitz Brandeis

Penumbra

the part of a shadow where the light source is only

partially blockedhttp://en.wikipedia.org/wiki/Penumbra

http://www.maximumpc.com/files/u46168/federal-trade-commission-ftc-logo_jpg.png

The Good . . .“Companies are using

this information in innovative ways to provide consumers with new and better

products and services.”

“…the significant benefits enabled by

the increasing flow of information.”

http://www.ftc.gov/os/2010/12/101201privacyreport.pdf

The Bad . . .

http://www.seeklogo.com/

Privacy by Design

Companies should promote consumer privacy throughout their organizations at every stage of the development of their products and services.

Companies should incorporate substantive privacy protections into their practices, such as data security, reasonable collection limits, sound retention practices, and data accuracy.

Companies should maintain comprehensive data management procedures throughout the life cycle of their products and services

http://www.ftc.gov/os/2010/12/101201privacyreport.pdf

Simplified Choice

Companies should simplify consumer choice.

Companies do not need to provide choice before collecting and using consumers’ data for commonly accepted practices, such as product fulfillment.

For practices requiring choice, companies should offer the choice at a time and in a context in which the consumer is making a decision about his or her data.

http://www.ftc.gov/os/2010/12/101201privacyreport.pdf

Greater Transparency

Companies should increase the transparency of their data practices.

Privacy notices should be clearer, shorter, and more standardized, to enable better comprehension and comparison or privacy practices.

Companies should provide reasonable access to the consumer data they maintain; the extent of access should be proportionate to the sensitivity of the data and the nature of its use.

Companies must provide prominent disclosures and obtain affirmative express consent before using consumer data in a materially different manner than claimed when the data was collected.

All stakeholders should work to educate consumers about commercial data privacy practices.

http://www.ftc.gov/os/2010/12/101201privacyreport.pdf

DoNot

Track

Legislation

Perception

http://www.peopleofwalmart.com/

I Always Feel Like . . .

http://www.seeklogo.com/

© 2010 Looper Reed & McGraw, P.C.The information contained herein is subject to change without notice

Travis CrabtreeLooper Reed & McGraw

tcrabtree@lrmlaw.comwww.lrmlaw.com | www.emedialaw.com

713.986.7000