Home Data Privacy Roundup Is Notice And Choice Viable Anymore (If It Ever Was)?

Is Notice And Choice Viable Anymore (If It Ever Was)?

SHARE:
Ask app not to track?

“South Park” has been in the news recently for multiple reasons.

Warner Bros. Discovery is suing Paramount over the streaming rights for “South Park.”

And Meghan and Harry were said to be suing the show’s creators, Matt Stone and Trey Parker, over an episode that aired in mid-February entitled “Worldwide Privacy Tour,” in which two characters with a strong resemblance to the former royals go on a publicity tour to demand their privacy. (Meghan and Harry denied the lawsuit rumor.)

But that’s not the topic of this newsletter.

I’ve heard people say that there’s a Simpsons reference for every occasion. I posit that the same could be said of “South Park.”

“Why won’t it read?!?”

I want to talk about an old episode of “South Park” from 2011 called “HUMANCENTiPAD,” in which Kyle carelessly agrees to the iTunes terms and conditions without reading them, and in so doing unwittingly gives Steve Jobs permission to rope him into an unholy experiment. (You can just watch this clip. It’s … hard to describe.) 🍎 💩

Despite getting burned, Kyle continues to sign agreements without reading them, which flummoxes Jobs, who periodically cries out in frustration, “Why won’t it read?!?”

The point of the episode is this: If we don’t read the fine print before signing a contract, we might regret it later.

By the same token, however, it’s unreasonable to expect the average person to read every user agreement and privacy policy megillah they’re presented with – and this would be the case even if these agreements and policies weren’t long, confusing and vaguely worded. 😕

Steve Jobs presents the ... HUMANCENTiPAD. (South Park)

Notice and choice (not so much)

In other words, show me someone who actually reads privacy policies and I will show you … a privacy lawyer. Most regular people don’t bother – and it’s not their fault.

Requiring them to regularly dive into and digest thousands of words of legalese is unreasonable. This is why the notice and choice principle, which has been the online ad industry’s go-to fig leaf for well over two decades, is coming under fire.

The Federal Trade Commission has been wary of notice and choice for years, and still is.

As Commissioner Kelly Slaughter put it recently in a statement about the FTC’s advanced notice of proposed rulemaking, “The prevailing notice and choice regime has failed to protect users, and the modes by which sensitive information can be discovered, derived and disclosed have only grown in number and complexity.”

POV on ATT

Back to Apple.

Apple gets a lot of flak from certain sectors for its AppTrackingTransparency framework and the havoc it’s been wreaking on the digital ad industry.

But that criticism is mainly a symptom of justified pique.

Pique at the fact that Apple doesn’t adhere to its own standards, has a vendetta against third parties (which it defines as anyone other than Apple) and also just so happens to be launching its own ad platform.

The hypocrisy is annoying, to say the least. But what if Apple wasn’t launching an ads business and didn’t engage in flagrant exceptionalism for its own purposes?

Its ATT modal would still be messing with cross-app ad tracking, to be sure. But you can’t say that the ATT pop-up isn’t transparent, easy to understand and a better user experience that bombarding people with opt-in messages every time they visit a website.

¯\\_(ツ)_/¯

What’s so crazy about asking people a simple yes or no question about whether they want to be tracked?

Thanks to everyone who’s emailed me with their reactions! Keep ’em coming. Drop me a line at allison@adexchanger.com.

📣 While I’ve got you, don’t forget to nominate yourself and/or colleagues for our Top Women in Media and Ad Tech Awards!

We’ve got a new category this year: Privacy Powerhouses, honoring the women working across legal, business and tech who are confidently steering their media brand’s ship amid the changing (and rising) tides of privacy regulation. The deadline for entries is March 16.

Must Read

PubMatic Is All In On Agentic AI

PubMatic says adoption of its AgenticOS, combined with strong CTV and mobile demand, set the stage for double digit growth in the second half of this year.

Comic: Always Be Paddling

The Trade Desk Faces Headwinds As Investors Reconsider The Thesis Of Objective Indie Ad Tech

The Trade Desk, once a Wall Street darling, now faces the challenge of rebuilding goodwill across the investor community and the ad tech industry.

Other Than Buying Warner Bros. Discovery, Paramount Skydance’s Priority Is Streaming Revenue Growth

While the outcome of Paramount Skydance’s bid for Warner Bros. Discovery hangs in the balance, Paramount is laser-focused on driving streaming growth.

Privacy! Commerce! Connected TV! Read all about it. Subscribe to AdExchanger Newsletters

TV Media Buyers Want Outcomes – So Nielsen Is Introducing More Advanced Audiences

On Wednesday, and in time for the upfronts, Nielsen added more than 200 advanced audience segments in Nielsen ONE, its cross-platform analytics dashboard.

Why Dow Jones Prioritizes Direct Deals To Protect Its Audience Value

In pursuit of ad revenue, Dow Jones is betting on a tried-and-true strategy: direct relationships, first‑party audiences and a disciplined approach to using data to enrich ad campaigns.

Comic: Shopper Marketing Data

Infillion Strikes Again, This Time Buying The Retail Purchase Data Company Catalina

Infillion, an ad tech business built on M&A, is back with another acquisition. This time it’s Catalina, a century-old market research and shopper marketing company with roots in physical cash register machines.