Industry Groups Publish Guidance for Notices on Behavioral Ads
The Network Advertising Initiative (NAI) and the Interactive Advertising Bureau (IAB) recently released the Control Links for Education and Advertising Responsibly (CLEAR) Ad Notice Technical Specifications, which are aimed to make targeted online advertising more transparent to consumers.
NAI and IAB developed the CLEAR specifications after receiving complaints from watchdog groups about inadequate disclosure to consumers and after receiving strong hints from Federal Trade Commission (FTC) officials that the FTC may intervene if the businesses do not begin to increase their transparency related to behavioral advertising. Specifically, in the FTC’s report titled: Self-Regulatory Principles For Online Behavioral Advertising: Tracking, Targeting, and Technology (February 2009), the FTC asked that web sites should provide “clear and prominent” notice regarding behavioral advertising and give consumers a choice about how their information may be collected.
The proposed solutions, as outlined by CLEAR specifications, are meta tags. In particular, the specifications propose that advertisers and ad networks should offer a clickable icon in or near online ads that directs users to additional information about online behavioral advertising and choices about such ads. Once clicked, the icon will launch an interstitial revealing information about the advertiser, ad delivery firms, and targeting data, in addition to linking to educational information. Some options for the link text is as follows: information about the companies involved in that ad placement, whether behavioral information was used, and how to exercise choices regarding such advertising. The IAB and NAI intend to publish the exact specifications for the link, including font size and color, in a separate creative specifications document.
Publishers or ad networks can create their own formats for interstitials, however. But it seems the ultimate goal is to develop a standardized approach that can be easily recognized and understood by consumers.
Though there is no deadline for implementation, companies are now moving toward implementing the icon.
Arent Fox is monitoring this issue. Please contact Anthony Lupo or Sarah Bruno if you have any questions.


