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ARTICLE · 17 OCTOBER 2011

Recommended Reading: Privacy Policy Paper On Online Behavioral Advertising Issues

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Most of the legislative privacy buzz this session has centered around online behavioral advertising (OBA) — along with the Federal Trade Commission’s proposal for a universal "do-not-track."

United StatesPrivacy
Cynthia Larose
Cynthia Larose
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Most of the legislative privacy buzz this session has centered around online behavioral advertising (OBA) — along with the Federal Trade Commission's proposal for a universal "do-not-track."

The center of discussion for U.S. legislators and regulators has been clear and conspicuous disclosure to users about OBA and to allow opt-outs. Regulators on the EU are engaged in the 'great cookie debate" over whether the EU privacy laws require a user's explicit consent to OBA or whether opt-out would be sufficient.

Two privacy experts argue in a new paper that they are all missing the point and this paper is excellent reading. Omar Tene, a fellow at the Center for Democracy and Technology, and Jules Polonetsky, co-chair and co-director of the Future of Privacy Forum think tank write:

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