Internet Giants as Quasi-Governmental Actors and the Limits of Contractual Consent

Although the government’s data-mining program relied heavily on information and technology that the government received from private companies, relatively little of the public outrage generated by Edward Snowden’s revelations was directed at those private companies. We argue that the mystique of the Internet giants and the myth of contractual consent combine to mute criticisms that otherwise might be directed at the real data-mining masterminds. As a result, consumers are deemed to have consented to the use of their private information in ways that they would not agree to had they known the purposes to which their information would be put and the entities – including the federal government – with whom their information would be shared. We also call into question the distinction between governmental actors and private actors in this realm, as the Internet giants increasingly exploit contractual mechanisms to operate with quasi-governmental powers in their relations with consumers. As regulators and policymakers focus on how to better protect consumer data, we propose that solutions that rely upon consumer permission adopt a more exacting and limited concept of the consent required before private entities may collect or make use of consumer’s information where such uses touch upon privacy interests

Blocking Ad Blockers, 16 J. Marshall Rev. Intell. Prop. L. 272 (2017)

The prevalence of ad blocking software (software that prevents the loading of web based advertisements) is a growing problem for website owners and content creators who rely on advertising revenue to earn money. While the number of ad block users continues to increase, there has thus far been no significant legal challenge to ad blocking in the United States. This comment examines how a website owner, through a combination of technological improvements and the anti-circumvention provisions of the Digital Millennium Copyright Act, could successfully raise a legal challenge against the purveyors of ad blocking software

Chapter (When) Is Adblocking Wrong?

In this chapter, I examine three deontological objections to adblocking: the objection from property (according to which adblocking involves accessing another’s property without satisfying the conditions placed on such access by the owner), the objection from complicity (according to which, by blocking ads, consumers become complicit in wrongdoing of adblocking software providers), and the objection from freeriding (according to which adblocking consumers free-ride on other consumers who allow ads to be served). I argue that, though these objections plausibly establish the moral impermissibility of some instances of adblocking, they do not, even collectively, establish a blanket moral prohibition on adblocking, as it is currently done

Blocking online advertising - a state of the art

Online advertising has emerged as one of the major business models on the Internet. Publishers rely on the online revenue generated from advertising to offer many free services. However it has become evident that online advertisements are now becoming quite intrusive and also consume a lot of valuable bandwidth to download zero-caching ads and flash or video ads. The main contribution of this paper is as follows; it attempts to identify the main reasons why internet users want to block online ads, it also critically evaluates several existing ad-blocking techniques and conducts an experiment to measure the amount of bandwidth used by online advertisements relative to the actual content. Near the end of the paper a brief discussion on probable future researches open a vast new region to be explored

Adherence of Prime-Time Television Advertising Disclosures to the “Clear and Conspicuous Standard: 1990 vs. 2002

In 1990, one-fourth of all national television commercials contained disclosures, yet none of the disclosures adhered to all of the Federal Trade Commission\u27s clear and conspicuous standard (CCS). As a result of marketplace changes and a 2001 Federal Trade Commission and National Advertising Division joint workshop, the authors anticipate an increase in the number of disclosures and greater adherence to the CCS. The authors find a significant increase in disclosure incidence; however, adherence declines or remains unchanged for most individual guidelines. Finally, the authors provide public policy implications and offer suggestions to increase adherence to the CCS

Invisible Pixels Are Dead, Long Live Invisible Pixels!

Privacy has deteriorated in the world wide web ever since the 1990s. The tracking of browsing habits by different third-parties has been at the center of this deterioration. Web cookies and so-called web beacons have been the classical ways to implement third-party tracking. Due to the introduction of more sophisticated technical tracking solutions and other fundamental transformations, the use of classical image-based web beacons might be expected to have lost their appeal. According to a sample of over thirty thousand images collected from popular websites, this paper shows that such an assumption is a fallacy: classical 1 x 1 images are still commonly used for third-party tracking in the contemporary world wide web. While it seems that ad-blockers are unable to fully block these classical image-based tracking beacons, the paper further demonstrates that even limited information can be used to accurately classify the third-party 1 x 1 images from other images. An average classification accuracy of 0.956 is reached in the empirical experiment. With these results the paper contributes to the ongoing attempts to better understand the lack of privacy in the world wide web, and the means by which the situation might be eventually improved.Comment: Forthcoming in the 17th Workshop on Privacy in the Electronic Society (WPES 2018), Toronto, AC