Ad agencies hope to pre-empt FTC by avoiding Cancer, HIV sites.

By
Andrew
on April 10, 2008 6:34 PM | | Comments (315) | TrackBacks (0)
So, last year the Federal Trade Commission announced a Notice of Proposed Rulemaking on "behavioral targeting" on which comments are due Friday. So, the National Advertising Initiative has proposed their own set of rules in the hopes that the FTC will adopt them instead of more restrictive ones that the public might want.

The New York Times Bits blog picked up on some highlights of the NAI's proposal, including the stuff that they won't "remember" that you search for:


The essence of the proposal is to identify sensitive subjects that advertising companies should not keep track of. Here is the list:

1) Certain medical/health conditions-

  • HIV/ AIDS status
  • Sexually-related conditions (e.g., sexually transmitted diseases, erectile
  • dysfunction)
  • Psychiatric conditions
  • Cancer status
  • Abortion-related

2) Certain personal life information-

  • Sexual behavior/orientation/identity (i.e., Lesbian/Gay/Bisexual/Transgender)
  • Criminal victim status (e.g., rape victim status)

The association also published a list of other topics that advertising companies may choose to consider sensitive, but then again they may not. This is the list of those topics the group suggests require "independent business judgment about what consumers could find particularly objectionable, but often do not."

Age, addictions (e.g., drugs, alcohol, gambling), alienage or nationality, criminal history, death, disability, ethnic affiliation, marital status, philosophical beliefs, political affiliation or opinions, pregnancy, race identification, religious affiliation (or lack thereof), trade union membership


Bits noticed that targeting ads to dead people might be OK under the NAI rules. Also included is a restriction on monitoring for advertising related to topics for children under 13, which is part of the FTC's NPRM. Technically, children under 13 are already a protected category, so this changes nothing except that they will stop monitoring for topics, since it's already illegal to target individual children based on their cookie histories. 

Link to the FTC's NPRM when I can find it.


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