FTC Considers "Do Not Track" Registry For Behavioral Activity

At a recent Congressional hearing, Federal Trade Commission Chairman Jon D. Leibowitz said that the agency is considering assessing the viability of a do-not-track list for online advertising modeled on the national "do not call" list utilized in telemarketing. Details on the proposal are scarce. However, the FTC plans to release a privacy report this fall which may include the agency's conclusions on such a program.

In the meantime, online marketers are continuing to develop self-regulatory measures designed at giving users the ability to control behavioral tracking. In addition, Representative Boucher has proposed draft privacy legislation that would require notice and consent from an individual for some forms of data collection. Our prior blog article, Proposed Federal Privacy Bill Would Impact Mobile Marketing, discusses this proposed legislation.

As to the FTC's current intentions, as discussed in the "Mobile Marketer article: Will a federal do-not-track list affect mobile advertising and marketing?", which included commentary by Andrew Lustigman, application of do not track list for online activities, will present significant challenges for online marketers, particularly in the context of the mobile space.

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