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Insights

February 5, 2018

Online Marketing Practices Continue to Pose Regulatory Threats for the Financial Services Industry

By Dowse Bradwell "Brad" Rustin, IV, Craig Nazzaro, Elizabeth A. DeVos

ALM’s Cybersecurity Law & Strategy

Reprinted with permission from the February 2018 issue of ALM’s Cybersecurity Law & Strategy. ©2018 ALM Media Properties, LLC. Further duplication without permission is prohibited. All rights reserved.

Last year, the Federal Trade Commission (FTC) released a staff report on Cross-Device Tracking, which added to the FTC’s efforts to regulate emerging issues in the ever-evolving area of online behavioral advertising. The advertising in question involves the collection of data from a particular computer or device regarding a user’s Internet-viewing behavior over time and across non-affiliate websites. Ostensibly, this technology obtains user preferences or interests. Cross-device tracking is the logical next step for this technology.

This cross-device tracking enables online behavioral advertising to be coordinated across a user’s various devices such as smartphones, tablets, computers, game consoles and Internet-connected televisions. Using both behavioral advertising and cross-device tracking has grown since the release of the FTC study and shows no signs of stopping in 2018.