FTC To Host Workshop on Cross-Device Tracking Nov. 16 #00051

Submission Number:
Noga Rosenthal
Network Advertising Initiative
District of Columbia
Initiative Name:
FTC To Host Workshop on Cross-Device Tracking Nov. 16
Network Advertising Initiative ("NAI") is pleased to submit comments to the Federal Trade Commission ("the Commission") regarding its November 16th Workshop on Cross-Device Tracking. For the past 15 years, NAI has been the leading non-profit self-regulatory association comprised exclusively of third-party digital advertising companies dedicated to responsible data collection and its use. NAI first developed and adopted a set of self-regulatory policies for online advertising, the Self-Regulatory Principles, in 2000. At the time, in its Report on Online Profiling, the Commission "unanimously applaud[ed]" NAI for developing these groundbreaking principles. NAI updated its self-regulatory principles, also referred to as the Code of Conduct (Code), in 2008, 2013, and 2015, in response to the rapidly evolving changes in the digital world. However, the Fair Information Practice Principles (FIPPs) continued to serve as the underlying basis for every iteration of, and update to, the Code. The Code applies FIPPs to the Interest-Based Advertising activities of NAI members. Overall, the goal of the Code is to incentivize privacy by design and responsible data collection and use practices by NAI members. Today, consumers are able to access the Internet through various connected devices, such as browsers on desktops and tablets as well as applications on smartphones. Consumers interact with multiple and unaffiliated technology providers, including platforms, service providers, and websites through their movement across these various connected devices. In turn, these technology providers may collect data to link or identify these digital touch points to a user for advertising purposes. NAI intends to guide its members in applying NAI's self-regulatory framework to their Cross-Device Linking practices. By utilizing its existing principles to guide Cross-Device Linking, NAI will help the digital advertising industry self-regulate their Cross-Device Linking activities. Further, in order to provide an effective self-regulatory framework, NAI will support its guidance by applying its existing rigorous compliance and enforcement procedures to its members' Cross-Device Linking practices. The compliance process includes annual compliance reviews as well as comprehensive investigations of allegations of non-compliance with the Code. In summary, accountability is at the heart of NAI. NAI believes that effective self-regulation is the best method to respond to changing business practices, technological advances, and consumer expectations. Similarly, self-regulation is particularly effective in the ad tech space where innovation is exceptionally rapid. Further, members continually demonstrate an ability and willingness to adapt and adjust self-regulatory frameworks to new and challenging issues as they emerge. We respectfully encourage the Commission to consider the following points in evaluating the privacy issues around the Cross-Device Linking for advertising and marketing purposes: 1. NAI will be expanding its self-regulatory principles to Cross-Device Linking for advertising purposes, which helps protect consumer privacy while also not unnecessarily limiting advertising campaigns across devices. NAI believes that self-regulation is key to allowing consumers to continue to benefit from and enjoy the free services and content that they have come to expect. 2. Self-regulation also allows for flexibility and nimbleness in monitoring and managing new and ever evolving technologies used for data collection and use. It also allows for proper notice and choice mechanisms based on the surrounding circumstances and varied business models in changing advertising practices, as well as accommodating creative and innovative solutions for providing such notice and choice. 3. NAI's goal is to provide, or help to provide, a centralized, industry page for consumer education. Thank you for the opportunity to submit comments. Respectfully submitted, NAI