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ARTICLE · 02 FEBRUARY 2022

Is Congress Taking Steps To Ban Targeted Advertising?

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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It would also explicitly prohibit targeted advertising based on protected class information, such as race, gender, and religion.

United StatesMedia, Telecoms, IT, Entertainment

That remains to be seen, but Democrats have recently proposed a new bill, the Banning Surveillance Advertising Act, that would put significant restrictions on targeted advertising in its current form.  

The proposed bill would prohibit data facilitators, like Facebook and Google, third party data brokers,  and their advertiser customers, from using personal data to target advertisements to specific individuals (based on their devices, their contact information, or other unique identifiers or personal data associated with them).  It would also explicitly prohibit targeted advertising based on protected class information, such as race, gender, and religion. 

While these restrictions would effectively eliminate much of the targeted advertising currently taking place, the bill does allow for three exceptions.  First, platforms (and their advertisers) could still target ads based on (i) individuals' personal data, where such information is supplied by the

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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