CDD

program areas Digital Health

  • Google’s (i.e., Alphabet, Inc.) proposed acquisition of Fitbit, a leading health wearable device company, is just one more piece illustrating how the company is actively engaged in shaping the future of public health. It has assembled a sweeping array of assets in the health field, positioning its advertising system to better take advantage of health information, and is playing a proactive role lobbying to promote significant public policy changes for medical data at the federal level that will have major implications (link is external)for Americans and their health.Google understands that there are tremendous revenues to be made gathering data—from patients, hospitals, medical professionals and consumers interested in “wellness”—through the various services that the company offers. It sees a lucrative future as a powerful presence in our health system able to bill Medicare and other government programs. In reviewing the proposed takeover, regulators should recognize that given today’s “connected” economy, and with Google’s capability and intention to generate monetizeable insights from individuals across product categories (health, shopping, financial services, etc.), the deal should not be examined solely within a narrow framework. While the acquisition directly bolsters Google’s growing clout in what is called the “connected-health” marketplace, the company understands that the move is also designed to maintain its dominance in search, video and other digital marketing applications. It’s also a deal that raises privacy concerns, questions about the future direction of the U.S. health system, and what kinds of safeguards—if any at all—will be in place to protect health consumers and patients. As health venture capital fund Rock Health explained in a recent report, “Google acquired Fitbit in a deal that gives the tech giant access to troves of personal health data and healthcare partnerships, in addition to health tracking software.” Fitbit reports that “28 million active users” worldwide use its wearable device products. For Google, Fitbit brings (link is external) a rich layer of personal data, expertise in fitness (link is external) tracking software, heart-rate sensors, as well as relationships with health-service and employee-benefit providers. Wearable devices can provide a stream (link is external)of ongoing data on our activities, physical condition, geolocation and more. In a presentation to investors made in 2018, Fitbit claimed to be the “number one health and fitness” app in the U.S. for both the Android and Apple app store, and considered itself the “number one “wearable brand globally,” available in 47,000 stores, and had “direct applications for health and wellness categories such as diabetes, heart health, and sleep apnea.” “Driving behavior change” is cited as one of the company’s fundamental capabilities, such as its “use of data…to provide insights and guidance.” Fitbit developed a “platform for innovative data collection” for clinical researchers, designed to help advance (link is external) “the use of wearable devices in research and clinical applications. Fitbit also has relationships with pharmacies, including those that serves people with “complex health conditions.” Fitbit has also “made a number of moves to expand its Health Services division,” such as its 2018 acquisition of Twine Health, a “chronic disease management platform.” In 2018, it also unveiled a “connected health platform that enables payers and health systems to deliver personalized coaching” to individuals. The company’s Fitbit Health Solutions division is working with more than 100 insurance companies in the U.S., and “both government sponsored and private plans” work with the company. Fitbit Premium was launched last year, which “mines consumer data to provide personalized health insights” for health care delivery. According to Business Insider Intelligence, “Fitbit plans to use the Premium service to get into the management of costly chronic conditions like diabetes, sleep apnea, and hypertension.” The company has dozens of leading “enterprises” and “Fortune 500” companies as customers. It also works with thousands of app developers and other third parties (think Google’s dominance in the app marketplace, such as its Play store). Fitbit has conducted research to understand “the relationship between activity and mood” of people, which offers an array of insights that has applications for health and numerous other “vertical” markets. Even prior to the formal takeover of Fitbit by Google, it had developed strong ties to the digital data marketing giant. It has been a Google Cloud client since 2018, using its machine learning prowess to insert Fitbit data into a person’s electronic health record (EHR). In 2018, Fitbit said that it was going to transfer its “data infrastructure” to the Google Cloud platform. It planned to “leverage Google’s healthcare API” to generate “more meaningful insights” on consumers, and “collaborate on the future of wearables.” Fitbit’s data might also assist Google in forging additional “ties with researchers who want to unlock the constant stream of data” its devices collect. When considering how regulators and others should view this—yet again—significant expansion by Google in the digital marketplace—the following issues must be addressed: Google Cloud and its use of artificial intelligence and machine learning in a new data pipeline for health services, including marketing Google’s Cloud service offers “solutions” (link is external) for the healthcare and life sciences industry, by helping to “personalize patient experiences,” “drive data interoperability,” and improve commercialization and operations”—including for “pharma insights and analytics.” Google Cloud (link is external) has developed a specific “API” (application programming interface) that enables health-related companies to process and analyze their data, by using machine learning technologies, for example. The Health Care Cloud API (link is external)also provides a range of other data functionalities (link is external) for clinical and other uses. Google is now working to help create a “new data infrastructure layer via 3 key efforts,” according to a recent report on the market. It is creating “new data pipes for health giants,” pushing the Google Cloud and building “Google’s own healthcare datasets for third parties.” (See, for example, “G Suite (link is external) for Healthcare Businesses” products as well as its “Apigee API Platform,” which works with the Cleveland Clinic, Walgreens, and others). Illustrating the direct connection between the Google Cloud and Google’s digital marketing apparatus is their case study (link is external) of the leading global ad conglomerate, WPP. “Our strong partnership with Google Cloud is key,” said WPP’s CEO, who explained that “their vast experience in advertising and marketing combined with their strength in analytics and AI helps us to deliver powerful and innovative solutions for our clients” (which include (link is external) “369 of the Fortune Global 500, all 30 of the Dow Jones 30 and 71 of the NASDAQ 100”). WPP links the insights and other resources it generates from the Google Cloud to Google’s “Marketing Platform” (link is external) so its clients can “deliver better experiences for their audiences across media and marketing.” Google has made a significant push (link is external) to incorporate the role that machine learning plays with marketing across product categories, including search and YouTube. It is using machine learning to “anticipate needs” of individuals to further its advertising (link is external) business. Fitbit will bring in a significant amount of additional data for Google to leverage in its Cloud services, which impact a number of consumer and commercial markets beyond (link is external) health care. The Fitbit deal also involves Google’s ambitions to become an important force providing healthcare providers access to patient, diagnostic and other information. Currently the market is dominated by others, but Google has plans for this market. For example, it has developed a “potential EHR tool that would empower doctors with the same kind of intuitive and snappy search functionality they've come to expect from Google.” According to Business Insider Intelligence, Google could bundle such applications along with Google Cloud and data analytics support that would help hospitals more easily navigate the move to data heavy (link is external), value-based care (VBC) reimbursement models (link is external).” Google Health already incorporates a wide range of health-related services and investments “Google is already a health company,” according (link is external) to Dr. David Feinberg, the company’s vice president at Google Health. Feinberg explains that they are making strides in organizing and making health data more useful thanks to work being done by Cloud (link is external) and AI (link is external) teams. And looking across the rest of Google’s portfolio of helpful products, we’re already addressing aspects of people’s health. Search helps people answer everyday health questions (link is external), Maps helps get people to the nearest hospital, and other tools and products are addressing issues tangential to health—for instance, literacy (link is external), safer driving (link is external), and air pollution (link is external)…. and in response, Google and Alphabet have invested in efforts that complement their strengths and put users, patients, and care providers first. Look no further than the promising AI research and mobile applications coming from Google and DeepMind Health (link is external), or Verily’s Project Baseline (link is external) that is pushing the boundaries of what we think we know about human health. Among Google Health’s initiatives are “studying the use of artificial intelligence to assist in diagnosing (link is external) cancer, predicting (link is external) patient outcomes, preventing (link is external) blindness…, exploring ways to improve patient care, including tools that are already being used by clinicians…, [and] partnering with doctors, nurses, and other healthcare professionals to help improve the care patients receive.” Through its AI work, Google is developing “deep learning” applications for electronic health records. Google Health is expanding its team, including specifically to take advantage of the wearables market (and has also hired a former FDA commissioner to “lead health strategy”). Google is the leading source of search information on health issues, and health-related ad applications are integrated into its core marketing apparatus A billion health-related questions are asked every day on Google’s search engine, some 70,000 every minute (“around 7 percent of Google’s daily searches”). “Dr. Google,” as the company has been called, is asked about conditions, medication, symptoms, insurance questions and more, say company leaders. Google’s ad teams in the U.S. promote how health marketers can effectively use its ad products, including YouTube, as well as understand how to take advantage of what Google has called “the path to purchase.” In a presentation on “The Role of Digital Marketing in the Healthcare Industry,” Google representatives reported that After conducting various studies and surveys, Google has concluded that consumers consult 12.4 resources prior to a hospital visit. When consumers are battling a specific disease or condition, they want to know everything about it: whether it is contagious, how it started, the side-effects, experiences of others who have had the same condition, etc. When doing this research, they will consult YouTube videos, read patient reviews of specific doctors, read blog articles on healthcare websites, read reviews, side-effects, and uses of particular medicines. They want to know everything! When consuming this information, they will choose the business that has established their online presence, has positive reviews, and provides a great customer experience, both online and offline. Among the data shared with marketers was information that “88% of patients use search to find a treatment center,” “60% of patients use a mobile device,” “60% of patients like to compare and validate information from doctors with their own online research,” “56% of patients search for health-related concerns on YouTube,” “5+ videos are watched when researching hospitals or treatment centers,” and that “2 billion health-related videos are on YouTube.” The “Internet is a Patient/Caregiver’s #1 confidant,” they noted. They also discussed how mobile technologies have triggered “non-linear paths to purchase,” and that mobile devices are “now the main device used for health searches.” “Search and video are vital to the patient journey,” and “healthcare videos represent one of the largest, fastest growing content segments on YouTube today.” Their presentation demonstrated how health marketers can take advantage of Google’s ability to know a person’s location, as well as how other information related to their behaviors and interests can help them “target the right users in the right context.” To understand the impact of all of Google’s marketing capabilities, one also should review the company’s restructured (and ever-evolving) “Marketing Platform.” Google’s Map Product will be able to leverage Fitbit data Google is using data related to health that are gathered by Google Maps, such as when we do searches for needed care services (think ERs, hospitals, pharmacies, etc.). “The most popular mapping app in the U.S…. presents a massive opportunity to connect its huge user base with healthcare services,” explain Business Insider Intelligence. Google has laid the groundwork with its project addressing the country’s opioid epidemic, linking “Google Maps users with recovery treatment centers,” as well as identifying where Naloxone (the reversal drug for opioid overdoes) is available. Last year, Google Maps launched a partnership with CVS “to help consumers more easily find places to drop off expired drugs.” Through its Waze subsidiary, which provides navigation information for drivers, Google sells ads to urgent care centers, which find new patients as a result of map-based, locally tailored advertisements. Google’s impact on the wearable marketplace, including health, wellness and other apps The acquisition of Fitbit will bolster Google’s position in the wearables market, as well as its direct and indirect role providing access to its own and third-party apps. Google Fit, which “enables Android users to pair health-tracking devices with their phone to monitor activity,” already has partnerships with a number of wearable device companies, such as Nike, Adidas and Noom. Business Intelligencer noted in January 2020 that Google Fit was “created to ensure Android devices have a platform to house user-generated health data (making it more competitive with Apple products). In 2019, Google acquired the smartwatch technology from Fossil. Fitbit will play a role in Google’s plans for its Fit service, such as providing additional data that can be accessed via third parties and made available to medical providers through patients’ electronic health records. The transaction, said one analyst, “is partly a data play,” and also one intended to keep customers from migrating from its Android platform to Apple’s. It is designed, they suggest, to ensure that Google can benefit from the sales of health-related services during the peak earning years of consumers. The Google Play app store offers access to an array of health and wellness apps that will be impacted by this deal. Antitrust authorities in the EU have already sanctioned Google for the way it has leveraged its Android platform for anti-competitive behavior. Google’s health related investments, including its use of artificial intelligence, and the role of Fitbit data Verily is “where Alphabet is doing the bulk of its healthcare work,” according to a recent report on the role AI plays in Google’s plans to “reinvent the $3 Trillion U.S. healthcare industry.” Verily is “focused on using data to improve healthcare via analytics tools, interventions, research” and other activities, partnering with “existing healthcare institutions to find areas to apply AI.” One of these projects is the “Study Watch, a wearable device that captures biometric data.” Verily has also made significant investments globally as it seeks to expand. DeepMind works on AI research, including how it is applicable to healthcare. Notably, DeepMind is working with the UK’s National Health Service. Another subsidiary, Calico, uses AI as part of its focus to address aging and age-related illnesses. Additionally, “GV” (Google Ventures) makes health-related investments. According to the CB Insights report, “Google’s strategy involves an end-to-end approach to healthcare, including: Data generation — This includes digitizing and ingesting data produced by wearables, imaging, and MRIs among other methods. This data stream is critical to AI-driven anomaly detection; Disease detection — Using AI to detect anomalies in a given dataset that might signal the presence of some disease; and Disease/lifestyle management — These tools help people who have been diagnosed with a disease or are at risk of developing one go about their day-to-day lives and/or make positive lifestyle modifications. Google has also acquired companies that directly further its health business capabilities, such as Apigee, Senosis Health and others. Google’s continuous quest to gather more health data, such as “Project Nightingale,” has already raised concerns. There are now also investigations of Google by the Department of Justice and State Attorney’s-General. The Department of Justice, which is currently reviewing the Google/Fitbit deal, should not approve it without first conducting a thorough review of the company’s health-related business operations, including the impact (including for privacy) that Fitbit data will have on the marketplace. This should be made a part of the current ongoing antitrust investigation into Google by both federal and state regulators. Congress should also call on the DoJ, as well as the FTC, to review this proposed acquisition in light of the changes that digital applications are bringing to health services in the U.S. This deal accompanies lobbying from Google and others that is poised to open the floodgates of health data that can be accessed by patients and an array of commercial and other entities. The Department of Health and Human Services has proposed a rule on data “interoperability” that, while ostensibly designed to help empower health services users to have access to their own data, is also a “Trojan Horse” designed to enable app developers and other commercial entities to harvest that data as an important new profit center. “The Trump Administration has made the unfettered sharing of health data a health IT priority,” explained one recent news report. Are regulators really ready to stop further digital consolidation? The diagnosis is still out! For a complete annotated version, please see attached pdf
  • Press Release

    Popular Dating, Health Apps Violate Privacy

    Leading Consumer and Privacy Groups Urge Congress, the FTC, State AGs in California, Texas, Oregon to Investigate

    Popular Dating, Health Apps Violate Privacy Leading Consumer and Privacy Groups Urge Congress, the FTC, State AGs in California, Texas, Oregon to Investigate For Immediate Release: Jan. 14, 2020 Contact: David Rosen, drosen@citizen.org (link is external), (202) 588-7742 Angela Bradbery, abradbery@citizen.org (link is external), (202) 588-7741 WASHINGTON, D.C. – Nine consumer groups today asked (link is external) the Federal Trade Commission (FTC), congressional lawmakers and the state attorneys general of California, Texas and Oregon to investigate several popular apps available in the Google Play Store. A report (link is external) released today by the Norwegian Consumer Council (NCC) alleges that the apps are systematically violating users’ privacy. The report found that 10 well-known apps – Grindr, Tinder, OkCupid, Happn, Clue, MyDays, Perfect365, Qibla Finder, My Talking Tom 2 and Wave Keyboard – are sharing information they collect on users with third-party advertisers without users’ knowledge or consent. The European Union’s General Data Protection Regulation forbids sharing information with third parties without users’ knowledge or consent. When it comes to drafting a new federal privacy law, American lawmakers cannot trust input from companies who do not respect user privacy, the groups maintain. Congress should use the findings of the report as a roadmap for a new law that ensures that such flagrant violations of privacy found in the EU are not acceptable in the U.S. The new report alleges that these apps (and likely a great many others) are allowing commercial third parties to collect, use and share sensitive consumer data in a way that is hidden from the user and involves parties that the consumer neither knows about nor would be familiar with. Although consumers can limit some tracking on desktop computers through browser settings and extensions, the same cannot be said for smartphones and tablets. As consumers use their smartphones throughout the day, the devices are recording information about sensitive topics such as our health, behavior, religion, interests and sexuality. “Consumers cannot avoid being tracked by these apps and their advertising partners because they are not provided with the necessary information to make informed choices when launching the apps for the first time. In addition, consumers are unable to make an informed choice because the extent of tracking, data sharing, and the overall complexity of the adtech ecosystem is hidden and incomprehensible to average consumers,” the letters sent to lawmakers and regulators warn. The nine groups are the American Civil Liberties Union of California, Campaign for a Commercial-Free Childhood, the Center for Digital Democracy, Consumer Action, Consumer Federation of America, Consumer Reports, the Electronic Privacy Information Center (EPIC), Public Citizen and U.S. PIRG. In addition to calling for an investigation, the groups are calling for a strong federal digital privacy law that includes a new data protection agency, a private right of action and strong enforcement mechanisms. Below are quotes from groups that signed the letters: “Every day, millions of Americans share their most intimate personal details on these apps, upload personal photos, track their periods and reveal their sexual and religious identities. But these apps and online services spy on people, collect vast amounts of personal data and share it with third parties without people’s knowledge. Industry calls it adtech. We call it surveillance. We need to regulate it now, before it’s too late.” Burcu Kilic, digital rights program director, Public Citizen “The NCC’s report makes clear that any state or federal privacy law must provide sufficient resources for enforcement in order for the law to effectively protect consumers and their privacy. We applaud the NCC’s groundbreaking research on the adtech ecosystem underlying popular apps and urge lawmakers to prioritize enforcement in their privacy proposals.” Katie McInnis, policy counsel, Consumer Reports “U.S. PIRG is not surprised that U.S. firms are not complying with laws giving European consumers and citizens privacy rights. After all, the phalanx of industry lobbyists besieging Washington, D.C., has been very clear that its goal is simply to perpetuate a 24/7/365 surveillance capitalism business model, while denying states the right to protect their citizens better and denying consumers any real rights at all.” Ed Mierzwinski, senior director for consumer programs, U.S. PIRG “This report reveals how the failure of the U.S. to enact effective privacy safeguards has unleashed an out-of-control and unaccountable monster that swallows up personal information in the EU and elsewhere. The long unregulated business practices of digital media companies have shred the rights of people and communities to use the internet without fear of surveillance and manipulation. U.S. policymakers have been given a much-needed wake-up call by Norway that it’s overdue for the enactment of laws that bring meaningful change to the now lawless digital marketplace.” Jeff Chester, executive director, Center for Digital Democracy “For those of us in the U.S., this research by our colleagues at the Norwegian Consumer Council completely debunks the argument that we can protect consumers’ privacy in the 21st century with the old notice-and-opt-out approach, which some companies appear to be clinging to in violation of European law. Business practices have to change, and the first step to accomplish that is to enact strong privacy rights that government and individuals can enforce.” Susan Grant, director of consumer protection and privacy, Consumer Federation of America “The illuminating report by our EU ally the Norwegian Consumer Council highlights just how impossible it is for consumers to have any meaningful control over how apps and advertising technology players track and profile them. That’s why Consumer Action is pressing for comprehensive U.S. federal privacy legislation and subsequent strong enforcement efforts. Enough is enough already! Congress must protect us from ever-encroaching privacy intrusions.” Linda Sherry, director of national priorities, Consumer Action “For families who wonder what they’re trading off for the convenience of apps like these, this report makes the answer clear. These companies are exploiting us – surreptitiously collecting sensitive information and using it to target us with marketing. It’s urgent that Congress pass comprehensive legislation which puts the privacy interests of families ahead of the profits of businesses. Thanks to our friends at the Norwegian Consumer Council for this eye-opening research.” David Monahan, campaign manager, Campaign for a Commercial-Free Childhood “This report highlights the pervasiveness of corporate surveillance and the failures of the FTC notice-and-choice model for privacy protection. Congress should pass comprehensive data protection legislation and establish a U.S. Data Protection Agency to protect consumers from the privacy violations of the adtech industry.” Christine Bannan, consumer protection counsel, EPIC
  • In response to a call (link is external) for submissions by the UN Committee on the Right of the Child (link is external) on the topic of children’s rights in relation to the digital environment, CDD joins academics and advocates in submitting comments. The group calls on the Committee to recognize the far-reaching harms caused by digital marketing and the personal data extraction on which it is predicated. Many digital marketing practices infringe many rights enshrined in the UN Convention on the Rights of the Child (link is external). The Committee ought to recognize the need to protect children from these harms so children can fully enjoy the opportunities digital environments offer for their development and fulfilment of their rights.
  • Around the world citizens (link is external) and governments (link is external) are putting efforts toward limiting the marketing of unhealthy foods to children in order to address the growing obesity (link is external) epidemic worldwide. In the US, Congress and the Federal Trade Commission rely on weak self-regulatory industry standards, but under Canadian Prime Minister Justin Trudeau, the government of Canada wishes to see restrictions placed on the marketing of food and beverages to children. This was a goal written directly into the Health Minister's mandate letter (link is external) signed by Trudeau in October 2017. As a result, Health Canada, the department of the Canadian government with responsibility for national public health, is considering new regulations that would impose broader restrictions on food advertising that is targeted at those under 17. It could cover everything from TV, online and print advertising to product labelling, in-store displays and even end some sponsorships for sports teams. Health Canada's consultations (link is external) on how it should approach restricting advertising of "unhealthy food and beverages" to kids began in June of 2017 and concluded in early August last year. Although a few contributors opposed any attempt to restrict marketing to children, the summary report (link is external) states that "Overall, the proposed approach and supporting evidence for restricting marketing of unhealthy food and beverages to children were well received." The authors of the report point out that the "issue of age was not an area of inquiry," but most contributors supported the idea of including children between 13 and 17 years of age. Aiming to define "unhealthy foods," the consultation proposed to focus on restricting certain nutrients of concern (sodium, sugars, and saturated fats), and most commentators supported setting the stricter threshold option (of 5% ) for the proposed restrictions, which were based on a percentage of daily values (% DV). Commentators strongly preferred that option over the weaker proposal (15% DV). Using the percentage of daily values to define which foods are "healthy" or "unhealthy" relies on the already existing mandatory food labelling for most relevant foods. In addition to the proposal to restrict certain nutrients of concern, the proposed restrictions to the marketing of non-sugar sweeteners to children was also positively received. For the consultation, Health Canada looked at the Quebec ban (link is external) on advertising to children, which has been in place since 1980, and covers any advertising, not just food-related advertising. In that province, companies cannot market unhealthy food to children under 13 years old. Quebec has the lowest obesity rate (link is external) in Canada among children aged six to 11 and the highest rate of fruit and vegetable consumption. The Stop Marketing to Kids Coalition (link is external) (M2K Coalition), which includes the Heart and Stroke Foundation of Canada, the Childhood Obesity Foundation, the Canadian Cancer Society, Diabetes Canada, Dietitians of Canada, and the Quebec Coalition on Weight-Related Problems, supports the so-called Ottawa Principles (link is external). These evidence-based, expert-informed and collaboratively arrived principles call on governments to restrict the commercial marketing of all food and beverages to children and youth age 16 years and younger. Restrictions would include all forms of marketing with the exception of non-commercial marketing for public education. The M2K Coalition has taken this stance because of the complexities associated with defining healthy versus unhealthy food. The ad industry in Canada has some self-regulatory restrictions in place under the Canadian Children's Food and Beverage Advertising Initiative (link is external). That program, in which many major food companies are participants, sets out nutrition criteria for products that can be advertised in environments where kids under 12 make up 35 percent or more of the audience. The Association of Canadian Advertisers has criticized Health Canada's proposal as "significantly overbroad," calling it an "outright ban on most food and beverage marketing in Canada." The Canadian advertising initiative has tightened its criteria over time and is now monitoring online advertising more closely. 2016 was the first full year in which participating companies that advertise to kids had to ensure their products met new, tighter limits (link is external) on calories, sugar, sodium and saturated and trans fats. However, in 2017, a study (link is external) from the Heart and Stroke Foundation of Canada called into question how effective this effort has been. It looked at the most popular websites visited by children and teens, and found ads for products high in sugar, salt or fat. During the time that the Canadian government began to explore the right approach to restricting the marketing of unhealthy foods to children, Senator Nancy Greene-Raine introduced a private members bill in the Senate in the fall of 2016, seeking to amend the Food and Drugs Act to prohibit the marketing of unhealthy foods and beverages to children (Bill S-228). This would put the activities of Health Canada on a legal basis. The Senator amended the bill to reflect the federal government’s proposed approach on raising the age limit to age 16 and under and kept the focus on “unhealthy” food and beverages. Bill S-228, The Child Health Protection Act (link is external), unanimously passed the Senate in September 2017. Two amendments to the bill were introduced during the first hour of debate in the House of Commons in December 2017, which included a reduction in the age of protection to under 13 (from 17) years, and the introduction of a 5-year post-legislation review period. The rationale for the change in the age amendment was to make the bill more likely to withstand a court challenge, given that the Quebec legislation restricting marketing to children under 13 years withstood a legal challenge in the case of Irwin Toy v Quebec (1989). In this case, the Supreme Court of Canada allowed limits on commercial advertising to children under 13 as constitutionally valid. The Court confirmed that "...advertising directed at young children is per se manipulative." (link is external) And so, while the Court found that the restrictions violated the freedom of expression under the Charter of Rights and Freedoms, a majority of the Court considered this violation to be a justifiable limitation necessary to protect children. For now, the bill is working its way through Parliament. Hopefully, the food industry will not further water down the requirements of the bill. If all goes well, our neighbor to the north will have a law in place by September 2018 that will advance public health and put children's health above the profits of the food industry. --- See attached infographic.
    Katharina Kopp
  • The phone and cable lobby will use its new power over the Internet to further erode the privacy rights of Americans. Comcast, AT&T, and Verizon will be entirely free to tap into the data flowing from our mobile devices, PCs, gaming and streaming platforms and set-top boxes. These ISP giants have already built up a formidable (link is external) commercial data gathering and Big Data analytics infrastructure. Now they will expand their gathering of our personal information, inc. financial, health, media use, and also force competitors to share the data they collect. If you want ISPs to give you preferential treatment, content providers will be forced to give up your data, so phone and cable can further expand their ad revenues. Independent and small content companies—including non-commercial and diversely-owned services—will be pressed to consent to terms that favor the digital gatekeepers that control our broadband highway. The FCC’s Net Neutrality decision will trigger a powerful wave of consolidation and deal making that further reduces the range of content and services we should expect in the 21st Century (including for children). We also believe that Google, Facebook and other providers will likely make their peace with the big ISPs, creating a powerful alliance that controls the U.S.’s digital destiny. CDD will be a part of the collaborative work to address this. We urge everyone to also “follow the data” as they examine the digital marketing plans of Verizon, Comcast and AT&T (link is external). There they will find plenty of opportunity to educate the public about our digital future has been placed at great risk.
    Jeff Chester
  • Google Brings Big Data Personalized Ad Targeting to TV

    Smarter TV Ad Breaks Automatically Optimize Your Ad Break to the Revenue-Maximizing Combination of Ads, Personalized and Relevant for Each Viewer

    Google's DoubleClick team October 2017 Opt-Ed piece: I believe that the future of TV is one that’s smarter — that brings together the TV content you love with the seamless experience of digital — on every screen or surface. Building towards that future, at our Partner Leadership Summit in Chicago early this month, we announced several new products and features to DoubleClick for Publishers, made for our TV. Video ad experiences get smarter, live and on-demand, with Dynamic Ad Insertion Over the years, we’ve rebuilt our video platform from the ground up — we knew that TV was a very different experience from the web and we knew that broadcasters had different challenges, infrastructure, distribution partners and content from web publishers. With TV coming to digital, we put our stake in the future of building for a better user experience — one that was connected, always on, and on-demand. Powering dynamic ad insertion has become a leading benefit of our platform. Over the last couple of years, we’ve successfully powered dynamic ad insertion for live streaming and on-demand content for many of the largest news, sports events and episodic premiers. In fact, over the past two years alone we’ve seen a 4X increase in ad impressions delivered via our Dynamic Ad Insertion product by TV partners like CBSi, AMC, Bloomberg, TF1 (link is external) and many more. Smarter TV ad breaks optimize revenue within each pod, programmatically We’re also bringing new updates to a key feature of our platform — smarter TV ad breaks. With this update, ad slots no longer need to be sold as fixed lengths in the break. Smarter TV ad breaks automatically optimize your ad break to the revenue-maximizing combination of ads, personalized and relevant for each viewer. For example, a ninety second ad break can now be filled by two 15-second and two 30-second ads or one 15-second, one 60-second and two 6-second bumper (link is external) ads depending on what will bring you the most revenue. Importantly, we’re able to do this across your programmatic or reservation deals, while respecting your business rules, such as competitive exclusions and frequency capping within the break or stream. Content gets smarter with TV Content Explorer To effectively monetize TV content, you need a platform that can better understand the content you’re monetizing, the audiences engaging with it and serve the right ad in just the right moment no matter where users are consuming it. That’s why we’re launching TV Content Explorer in DoubleClick for Publishers, available in beta by the end of 2017. Leveraging Google’s machine learning expertise and smart heuristics, TV Content Explorer creates and automatically organizes an intuitive catalog of your shows and clips. We analyze millions of signals from video content feeds, automatically applying classifiers and making recommendations for how content should be organized across dimensions like show, genre, trending, dayparts, etc. With this inventory catalog, you’ll get a clearer view of the opportunities and packages available to sell. But that’s not all. To ensure that you aren’t leaving any revenue on the table, the Explorer will also proactively surface deeper insights into audiences and monetization opportunities via insight cards (link is external). We’re just scratching the surface of what’s possible with this feature and are excited to bring even more innovation to this Explorer in the future. --- For the full article, please visit http://bit.ly/2zvJUEk (link is external)
  • Google Continues Big Data-Driven Tracking and Analyzing of Individuals for Cross-Device Targeting

    Presented by the Google Agency blog "Introducing Ads Data Hub: Next generation insights and reporting"

    Mobile has fundamentally changed how we live our lives. With our devices never more than an arm’s length away, people can find, watch or buy anything at anytime. That’s why earlier this year we shared (link is external) that we’re developing a new, cloud-based measurement solution for YouTube, designed for a mobile world. Today, we’re announcing the beta for this solution, Ads Data Hub, to help advertisers get more detailed insights from their campaigns across screens while also protecting user privacy. We are also announcing that Ads Data Hub is a solution not just for YouTube, but a tool that offers access to more data and helps unlock actionable insights across Google ad platforms, including the Google Display Network and DoubleClick. And with Ads Data Hub now in beta, we’re expanding who can use it. Built on infrastructure from Google Cloud, including BigQuery (link is external), Ads Data Hub gives advertisers or their preferred measurement partners access to detailed, impression-level data about their media campaigns across devices in a secure, privacy-safe environment. Data from other sources, such as a CRM system or marketing database, can be incorporated as well. With this full view, advertisers or their partners can analyze the data and draw out insights specific to their business. For example, if an e-commerce retailer wants to understand what the path to conversion looks like, they can bring additional online data about their customers into BigQuery, and Ads Data Hub will enable them to combine that data with their ads data so they can see what a typical journey is from first encountering a user until conversion. Consistent with our commitment to privacy (link is external), no user-level data can be removed from the secure Cloud environment. Impression-level data is only accessible for the purposes of analysis and generating insights. In the future, advertisers will be able to act on the insights they get from Ads Data Hub and buy media with greater precision. As an early alpha partner, Omnicom Media Group helped to define the solution and has seen significant value from both the amount of data available through Ads Data Hub and the broad set of analyses and custom queries that are possible. --- For the full blog post, visit http://bit.ly/2yBWYv1 (link is external)
  • WASHINGTON, DC – October 18, 2017—A number of brands of “smartwatches” intended to help parents monitor and protect young children have major security and privacy flaws which could endanger the children wearing them. A coalition of leading U.S. child advocacy, consumer, and privacy groups sent a letter to the Federal Trade Commission (FTC) today, asking the agency to investigate the threat these watches pose to children. Smartwatches for children essentially work as a wearable smartphone. Parents can communicate with their child through the mobile phone function and track the child’s location via an app. Some product listings recommend them for children as young as three years old. Groups sending the letter to the FTC are the Electronic Privacy Information Center (EPIC), the Center for Digital Democracy (CDD), the Campaign for a Commercial-Free Childhood (CCFC), the Consumer Federation of America, Consumers Union, Public Citizen, and U.S. PIRG. The advocacy groups are working with the Norwegian Consumer Council (NCC), which conducted research (link is external) showing that watches sold in the U.S. under the brands Caref and SeTracker have significant security flaws, unreliable safety features, and policies which lack consumer privacy protections. In the EU, groups are filing complaints in Belgium, Denmark, the Netherlands, Sweden, Germany, the UK, and with other European regulators. “By preying upon parents’ desire to keep children safe and, these smart watches are actually putting kids in danger,” said CCFC’s Executive Director Josh Golin. “Once again, we see Internet of Things products for kids being rushed to market with no regard for how they will protect children’s sensitive information. Parents should avoid these watches and all internetconnected devices designed for kids.” The NCC’s research showed that with two of the watches, a stranger can take control of the watch with a few simple steps, allowing them to eavesdrop on conversations the child is having with others, track and communicate with the child, and access stored data about the child’s location. The data is transmitted and stored without encryption. The watches are also unreliable: a geo-fencing feature meant to notify parents when a child leaves a specified area, as well as an “SOS” function alerting parents when a child is in distress, simply do not work. The manufacturers’ data practices also put children at risk. Some devices have no privacy policies at all, and the policies that do exist lack basic consumer protections, including seeking consent for data collection, notifying users of changes in terms, and allowing users to delete stored data. "The Trump Administration and the Congress must bring America’s consumer product safety rules into the 21st century,” said Jeff Chester of the Center for Digital Democracy. “In the rush to make money off of kids’ connected digital devices, manufacturers and retailers are failing to ensure these products are truly safe. In today’s connected world that means protecting the privacy and security of the consumer—especially of children. Both the FTC and the Consumer Product Safety Commission must be given the power to regulate the rapidly growing Internet of Things marketplace.” The Caref (branded Gator in Europe) and SeTracker smartwatches are available online through Amazon. The groups have asked the FTC to act quickly to investigate these products, and they advise parents to refrain from buying the products because of the danger they could pose to children. The NCC, which conducted the testing of the watches, advises consumers who have already purchased the watches to stop using them and uninstall the app. “The Federal Trade Commission must be proactive in protecting consumers—especially vulnerable young children—from harmful products that abuse technology for the sake of profit,” said Kristen Strader, Campaign Coordinator for Public Citizen. “Smartwatches and similar devices must be absolutely safe and secure before they are released to the public for sale.” Ed Mierzwinski, Consumer Program Director at U.S. PIRG, said, "Companies making any internet-connected devices, but especially for children, need to ensure that privacy and security are more than breakable — or worse, hackable — promises." Katie McInnis, technology policy counsel for Consumers Union, said, “When a company sells a smartwatch aimed at children, it must ensure the product is safe and secure. The FTC should launch an investigation into the privacy and security concerns surrounding these products to make sure families are safe.” The same trans-Atlantic coalition persuaded government authorities and retailers last December (link is external) that the internet-connected dolls Cayla and i-Que Robot were spying on children and threatening their welfare, and retailers removed the toys from store shelves. The FBI subsequently issued a warning to consumers (link is external) that internet-connected toys could put the privacy and safety of children at risk. --- For more information, please see the following: Letter to FTC by coalition of leading U.S. child advocacy, consumer, and privacy groups (link below) Press Release by US coalition of leading U.S. child advocacy, consumer and privacy groups (link below) #WatchOut Report by Norwegian Consumer Council (link below) Press Release by Norwegian Consumer Council (link below) #WatchOut English - YouTube (http://bit.ly/2ghNoD1 (link is external)) #WatchOut - longer video explainer on security flaws 4:30 mins - YouTube (http://bit.ly/2xLYSVv (link is external))
    Jeff Chester
  • Google + Ad Industry Study Shows Influencers on YouTube Sell Snacks, Toys, Alcohol

    Illustrates Need for 21st Consumer Safeguards for Unfair/Deceptive Marketing

    Sanjay Nazerali, Chief Strategist of Carat, a global media market leader in digital media, writes about how YouTube influencers are rewriting the marketing rulebook. Working in strategy at one of the world’s largest media agencies, I’ve witnessed countless pitches about influencer marketing and the growing power of creators. With engaged audiences in the millions and passionate fans hungry for content, YouTube creators are already an established channel for brands looking to run ads. In fact, Carat’s latest analysis suggests online video investment (including YouTube) can be increased by 3X compared to planned level. But increasingly, these influencers are also becoming attractive partners for deeper collaborations. Clients are initially enthusiastic, assuming this is the digital age’s answer to celebrity marketing and endorsement. Then the thorny business questions arise, such as: So what’s it actually doing for my brand? Do I do an endorsement or product placement—or what? Isn’t it just for millennials, beauty brands, and makeup tutorials? These have always been tough questions to answer. Even though almost everyone has been jumping on the influencer bandwagon, few understand what “influence” really is or how it works. Until now. Celebrity marketing and influencer marketing offer fundamentally different benefits for brands. Together with YouTube and Nielsen, my team analyzed the results of hundreds of brand and creator videos in the U.S. and the U.K to understand the impact of influencers for brands. It’s a critical first step in establishing a business-led rulebook for this new world—and it’s already changing how I approach my own plans. 1. Influencers are not the same as celebrities Influencers, however vast their reach, are absolutely not “today’s celebrities,” and celebrity marketing and influencer marketing offer fundamentally different benefits for brands. For instance, we found that celebrities are more effective at driving recall than creators (84% versus 73%). Given that a celebrity’s job is to be famous and memorable, that makes sense. Where YouTube creators really start to gain the upper hand is in deeper brand involvement. Brand familiarity is a good example. If we want to get an audience to really understand us, our work, our values, or our products, then collaborations with YouTube creators are 4X more effective at driving lift in brand familiarity than those with celebrities. When it comes to purchase intent, it’s an even match: our research found that influencers were just as likely as celebrities to drive buying decisions. Influencer marketing appears to play a fundamentally more pragmatic role. Why? My hunch is that it’s because fans feel very connected to the YouTubers they love. The best creators have formed authentic bonds with their fans, which means fans trust what they have to say, and turn to them for brand and product recommendations. 2. It’s not just a ‘beauty’ thing Beauty brands were one of the first to team up with influencers, and creators have established a huge presence among the YouTube beauty community. About 86% of the top 200 beauty videos on YouTube were made by creators rather than professionals or brands. But what’s interesting about our findings is just how far influencers stretch beyond the beauty category. We tested nine additional categories, including auto, alcohol, snacks, and toys. Across all nine categories, working with influencers leads to lifts in brand metrics, from familiarity to affinity to recommendation. In some categories, such as snacks and alcohol, they can have even more impact, driving significantly higher than average purchase intent. So the idea that influencer marketing is purely for young people who are looking at fashion and beauty brands simply isn’t true. 3. The ‘how’ matters as much as the ‘who’ Celebrity marketing has historically focused on endorsement, sponsorship, and product placement. Influencer marketing has developed far more options, and it’s important to understand which of these work best—and for which marketing goals. Deep thematic integrations with creators stand out as driving the highest results for brands. These are more involved integrations where the influencer plays a role in creating a piece of content – such as a demo – with the brand. It’s far deeper than product placement and it works more effectively. While there were many consistencies across categories, we also saw some nuances, which are important for clients to understand. We found that simpler brand integrations, like a product endorsement or just featuring a creator in an ad, also showed positive results for brand affinity in all categories tested. Of course, deep collaborations can be more than some brands are ready for. For some objectives and categories, simply running their own ads on YouTube creator content will still be the easiest and most effective way to tap into the power of these influencers. 4. Don’t lose sight of why people love YouTubers We often assume that the right influencer is either an aspirational version of our target audience or that they’re just like celebrities. Neither of these assumptions is correct, and it’s perhaps here that celebrity and influencer marketing differ the most. Whereas celebrities need to be trendy and stylish, consumers expect creators to be friendly, funny, and, yes, sometimes irreverent. Irreverence is interesting, because it drives credibility. Irreverence strongly suggests independence, and it’s this that builds trust. It can also be incredibly valuable for brands. If a creator usually ridicules things they don’t like, you can be sure that when they praise something, they mean it. Humour is also interesting, because it reflects a sense of community. YouTube helps forge a special relationship between followers and influencers, one that reflects a sense of co-ownership. This familiarity creates a degree of intimacy that makes the use of humour seem much more natural than it would do with celebrities. This is probably also why we see celebrities, such as Dwayne Johnson, increase their influencer scores when they get really active on YouTube. Prioritization and strength of attributes by gen X and gen Y associated with celebrities are different to creators. --- For the full article, visit http://bit.ly/2z6MHng (link is external) Is it Hype? Or is it Real? Decoding the Influence of YouTube Influencers Read more at http://newyork.advertisingweek.com/CALENDAR/-google-seminar-2017-09-26-1... (link is external)