FTC Calls for 'Do Not Track' List

WASHINGTON — Internet marketers and their affiliates in particular may face a daunting new hurdle if a federally imposed "Do Not Track" registry becomes a reality.

One of the most pressing hot-button topics contemplated by the nation's regulators today, the issue of consumer privacy in the digital age is being tackled in Washington and elsewhere as legislators attempt to play catch up with advancements in Internet marketing techniques — such as behavioral and location-based advertising and the tracking systems that enable it.

Earlier this week, the Federal Trade Commission testified before the U.S. Senate Committee on Commerce, Science, and Transportation regarding its mission to protect consumer privacy. During his testimony, FTC Chairman Jon Leibowitz detailed the Commission's consumer privacy program and how it is pursuing data security, identity theft, children's privacy — and protecting consumers from intrusive spam, spyware, and telemarketing.

Leibowitz' testimony described the Commission's focus on online consumer privacy, stating that it requires renewed scrutiny in light of new technologies and business models. This included a series of public roundtable discussions held recently concerning privacy and business practices — along with methods of "simplifying consumer choices about commercial data practices, and increasing transparency of those practices."

"One of the things that became absolutely clear to us during our roundtables this year is that there's a huge disconnect between what consumers think happens to their data and what really happens to their data," Leibowitz said. "Most consumers believe that a privacy policy protects their privacy. Instead, a privacy policy delineates their rights and their lack thereof."

As a solution to privacy concerns over data collection for advertising, or other online activity tracking practices, FTC is considering the establishment of a "Do Not Track" registry — similar to its successful "Do Not Call" registry.

"To this end, one idea we may explore in the context of behavioral advertising is a do-not-track mechanism that's more comprehensive and easier to use than the procedures currently available," Leibowitz stated. "Under such a mechanism, users could opt out of behavioral advertising more easily rather than having to make choices on website-by-website basis."

According to the FTC, its Do Not Call Registry is one of the most successful and popular consumer privacy initiatives, having reached the 200 million mark in registered numbers this month, with 64 actions against violators resulting in $40 million in fines.

While some websites and advertising networks allow consumers to opt-out of any tracking systems, the FTC goal is a simple switch that controls tracking consent across the entire Internet. Implemented as a toolbar or web browser plugin initially and as a default feature set eventually on all Internet access devices (think V-Chip for computers), such a system may provide enhanced privacy protection — but at what cost?

Such moves would disrupt most current affiliate marketing schemes, advertising and traffic sales, traffic trading, and many other forms of ecommerce that rely on following a visitor from acquisition to the checkout counter — including next-generation contextual content management systems that deliver information based upon a prospect's behavior, even across multiple websites.

The Commission plans to release a report on this initiative later this year — and is seeking Congressional help with improving consumer privacy, so Internet marketers can be certain that this is only the beginning of a discussion with far-reaching implications — but the time to act is now.

"It's really in the hands of the private sector," Leibowitz said. "If they want to do a better job of ... giving clear choices and have clearer notice, then I think it's in their hands to avoid legislation. I think if they don't, and if we don't see more progress, I think you're going to see probably in the next Congress a fair amount of interest in moving legislation forward to have more prescriptive rules."

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Devin Drills Launches New Paysite

Creator Devin Drills has launched an official website through PAYSITE.

AV Bulletin: Midyear Roundup

Since the U.S. Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been enacted around the United States, as well as proposed at the federal level and in other countries. Meanwhile, lawsuits resulting from AV laws have begun to play out in the courts. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Judge Dismisses Last NCOSE-Backed Suit Over Kansas AV Law

A federal judge on Monday dismissed a lawsuit alleging that adult site SuperPorn violated Kansas’ age verification law, citing lack of jurisdiction after similarly dismissing two related cases earlier this year.

ASACP Updates 'Restricted to Adults' Labeling Resource Page

The Association of Sites Advocating Child Protection (ASACP) has updated its Restricted to Adults (RTA) labeling resource page.

Federal AV Proposal Scores Minor Win in House but Remains in Doubt

A newly announced bipartisan agreement in the U.S. House of Representatives Committee on Energy and Commerce may soon bring a proposed federal age verification law before the full House, but the measure continues to face an uphill battle.

Arizona Governor Vetoes 'Protect Act' With New Consent Provisions

Arizona Governor Kate Hobbs on Friday vetoed HB 2133, the “Protect Act,” which would have imposed new requirements for adult content uploaded online.

Brazil Begins Monitoring 18 Adult Sites for AV Compliance

Brazil’s National Data Protection Authority (ANPD) is now monitoring 18 high-traffic adult websites for compliance with the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires such sites to age-verify users located in Brazil.

Ofcom Fines First Time Videos $100,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 80,000 pounds (more than $100,000) against First Time Videos, which operates FTVGirls.com and FTVMilfs.com, for failing to implement age checks required for compliance with the Online Safety Act.

Curves Ahead: How BBW Creators are Turning Differentiation Into Competitive Advantage

For centuries, curves have been celebrated as a symbol of beauty, sensuality and power. From the soft opulence of Rubens paintings to the glamorous silhouettes of pinup icons, fuller figures have long occupied a place in art, fashion and fantasy.

Woodhull Freedom Foundation to Host Virtual 'Pride' Edition of 'Fact Checked' Series

Woodhull Freedom Foundation is hosting a Pride Month virtual edition of its series “Fact Checked by Woodhull.”

Show More