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What We're Reading 05/16/2012

Marilyn Colaninno — Wed, 16 May 2012 08:58:12 -0500

USA Today: Kashi cereal's 'natural' claims stir anger

Kellogg is facing anger on social-media sites because of complaints that its popular Kashi brand of cold cereals doesn't live up to the company's "natural" billing on ads and boxes.

LA Times: Exclusive: Google releases FCC report on Street View probe

Google has released the full report of the Federal Communications Commission’s investigation into the data it collected and stored from millions of unknowing households across the nation while operating specially equipped cars for its Street View service.

FTC.gov: FTC Announces Preliminary Agenda for Workshop about Advertising Disclosures in Online and Mobile Media

The Federal Trade Commission will host a one-day public workshop on Wednesday, May 30, 2012 to consider the need for new guidance for online advertisers about making disclosures.

FTC.gov: Myspace Settles FTC Charges That It Misled Millions of Users About Sharing Personal Information with Advertisers

Settlement Will Require Regular Privacy Assessments for the Next 20 Years

Social networking service Myspace has agreed to settle Federal Trade Commission charges that it misrepresented its protection of users' personal information. The settlement, part of the FTC's ongoing efforts make sure companies live up to the privacy promises they make to consumers, bars Myspace from future privacy misrepresentations, requires it to implement a comprehensive privacy program, and calls for regular, independent privacy assessments for the next 20 years.

Energy Star May Lose Electronics Makers After Rules Change

Bloomberg: Electronics manufacturers are threatening to drop out of Energy Star, saying recent changes have made participation in the federal government's voluntary energy efficiency labeling program too costly.

What We're Reading 5-1-12

Marilyn Colaninno — Tue, 01 May 2012 15:08:41 -0500

CNN.com: Facebook clarifies changes to its terms of use

Facebook unveiled changes to its terms-of-use document on Friday, tweaking earlier drafts in an apparent effort to ease users' concerns about privacy and how their information is used.

ADWEEK: Ad Industry Rebrands Self-Regulatory Unit

New name emphasizes autonomy

Changing the name of an organization is often more internal politics than external policy. But in the case of the National Advertising Review Council—now known as the Advertising Self-Regulatory Council—the new name (and website [1]) is squarely aimed at the federal government.

The New York Times: Companies Raise Concerns Over Google Drive’s Privacy Protections

Updated Added more explanation from Google about the terms of service agreement. A number of companies are raising concerns about what Google says it can do with documents stored on the new Google Drive online storage service.

The Washington Post: Obama threatens to veto CISPA cybersecurity bill, citing privacy concerns

The White House threatened on Wednesday to veto cyber-legislation that is widely expected to pass the House this week, asserting that the bill would put Americans’ privacy at risk and give a pass to companies that fail to secure their computer networks.

The New York Times: European Regulator Warns Silicon Valley About Privacy

The European data protection supervisor, Peter Hustinx, on Thursday urged technology companies to “innovate” in the area of consumer privacy, saying that lawmakers on the continent would press ahead on a contentious proposed law that would, in part, compel companies to pare down the personal data kept in their digital vaults.

What We're Reading 4-24-12

Marilyn Colaninno — Tue, 24 Apr 2012 14:31:43 -0500

FTC.gov: FTC Announces Schedule for Reviewing Regulations

As part of the Federal Trade Commission's systematic review of all current FTC rules and guides, the agency is announcing its updated 10-year review schedule.

Reuters.com: Facebook advertisers lose bid for class status

Facebook Inc, which runs the world's largest social networking website, won a court ruling on Friday rejecting a bid by thousands of advertisers to sue the company as a group for overcharging them.

The New York Times: Facebook Offers More Disclosure to Users

Facebook, seeking to address concerns about the personal information it collects on its users, said Thursday that it would provide any user with more about the data it tracks and stores.

Mediapost.com: ICANN Data Breach Stokes Domain Name Concerns

A recent security breach at the Internet Corporation for Assigned Names and Numbers shows that the controversial domain expansion program is moving forward too quickly, the Association of National Advertisers says.

The New York Times: Google Ordered to Stop Copyright Violations on YouTube

In a provisional victory for musicians, filmmakers and other creators of art and entertainment, a court in Hamburg on Friday ordered Google to install filters on its YouTube service in Germany to detect and stop people from gaining access to material for which they do not own the rights.

What We're Reading 4-18-12

Marilyn Colaninno — Tue, 17 Apr 2012 20:44:10 -0500

MediaPost: TRUSTe Unveils Mobile Targeting, Opt-Out Tool

TRUSTe is unveiling a new tool that mobile companies will use to target iPhone and Android users, while also enabling consumers to opt out of receiving in-app ads targeted based on their activity.

The New York Times Media Decoder: Appeals Court Revives Viacom Suit Against YouTube

A federal appeals court on Thursday reversed a lower court’s decision to throw out a $1 billion lawsuit filed against YouTube by Viacom and other media companies five years ago.

The New York Times: F.C.C. Pushes for Web Site on TV Political Ad Spending

The government is moving forward with a plan to make local television stations post information about political advertising on a central Web site.

Reuters.com: Appeals court hears case of graphic tobacco ads

The government on Tuesday defended graphic tobacco labels and advertising that use pictures of rotting teeth and diseased lungs as accurate and necessary to warn consumers about the risks of smoking.

FTC.gov: FTC Orders Alcoholic Beverage Manufacturers to Provide Data for Agency's Fourth Major Study on Alcohol Advertising

Study Focuses on Industry Self-Regulatory Efforts to Reduce Ads, Marketing to Underage Audiences

The Federal Trade Commission has required 14 major alcoholic beverage advertisers to provide information for the agency’s fourth major study on the effectiveness of voluntary industry guidelines for reducing advertising and marketing to underage audiences by beer, wine, and distilled spirits manufacturers.

What We're Reading 4-12-2012

Marilyn Colaninno — Thu, 12 Apr 2012 10:33:58 -0500

Business Week: FDA Targets ‘Cosmeceuticals’ Straddling Regulatory Lines

Wrinkle creams with retinol and a growing crop of beauty treatments that are partly pharmaceutical may need to be regulated as drugs, the top U.S. official overseeing the cosmetics industry said.

Environmental Leader: Consumers Don’t Trust Green Product Claims, Survey Says

Eight in ten Americans don’t believe companies are addressing all of their environmental impacts, and only 44 percent trust companies’ green claims, according to research by Cone Communications.

Food Safety News: House Bill Would Require Labeling LFTB

A bill introduced to the U.S. House of Representatives on Friday would require the labeling of any beef products that contain lean finely textured beef, the lean beef supplement also known as "pink slime."

Reuters.com: UPDATE 1-U.S. FDA: Big Tobacco must tell you what you're smoking

U.S. health regulators said on Friday that tobacco companies must report how much formaldehyde, nicotine or any of 18 other harmful chemicals are in their products.

PC World: Google Is Responsible for Misleading Ads, Australian Court Rules

Google is responsible for misleading and deceptive ads that use the name of a company to direct traffic to a competitor's site, an Australian court ruled on Tuesday.The Federal Court of Australia ruled in an appeal that Google is responsible for misleading and deceptive advertising targeted to appear near search results for a competitor's name.

What We're Reading 4-2-2012

Marilyn Colaninno — Thu, 05 Apr 2012 13:42:19 -0500

Excite.com: New Israeli law bans underweight models in ads

A new Israeli law bans showing overly thin models from local advertising in an attempt to fight the spread of eating disorders.

Adweek: Study: Internet User Adoption of DNT Hard to Predict Internet users less conflicted about ad-supported free content

What Internet users ultimately decide to do about allowing advertisers and Web sites to track them on the Internet will set the stage for the growth or demise of behaviorally targeted advertising. But predicting what Internet users will do when more privacy controls become available is anything but clear-cut, according to a new survey conducted by Omnicom Media Group's Annalect Group.

Bloomberg: Lawmakers Call for Investigation of Facebook Password Requests

Two U.S. senators want the Justice Department to investigate whether employers who require job applicants to hand over confidential passwords to Facebook and other social networking sites are violating federal law.

FTC.gov: FTC Issues Final Commission Report on Protecting Consumer Privacy

Agency Calls on Companies to Adopt Best Privacy Practices

The Federal Trade Commission, the nation's chief privacy policy and enforcement agency, issued a final report setting forth best practices for businesses to protect the privacy of American consumers and give them greater control over the collection and use of their personal data. In the report, "Protecting Consumer Privacy in an Era of Rapid Change: A Proposed Framework for Businesses and Policymakers," the FTC also recommends that Congress consider enacting general privacy legislation, data security and breach notification legislation, and data broker legislation.

What We're Reading 3-26-12

Marilyn Colaninno — Mon, 26 Mar 2012 13:12:12 -0500

New York Times: New Nielsen Ratings to Measure TV and Online Ads Together

Nielsen says it is ready to sell what many advertisers have been clamoring for: a system that standardizes ratings for television and online ads.

Reuters: Court: Tobacco health labels constitutional

A U.S. law requiring large graphic health warnings on cigarette packaging and advertising does not violate the free speech rights of tobacco companies, a federal appeals court ruled on Monday.

PCWorld: 18 Firms Sued for Using Privacy-invading Mobile Apps

Facebook, Apple, Twitter, Yelp and 14 other companies have been hit with a lawsuit accusing them of distributing privacy-invading mobile applications.

Bloomberg Businessweek: Google’s Breach of Apple’s Safari Said to Be Probed by U.S.

Google Inc. (GOOG)’s breach of Apple Inc. (AAPL)’s Safari Internet browser is under investigation by U.S. regulators to determine whether it caused consumers to be misled about privacy safeguards, a person familiar with the matter said.

Environmental Leader: FTC Increasing Scrutiny of Green Claims, Former Director Says

The Federal Trade Commission is intensifying its scrutiny of marketers’ green claims, according to an attorney and former FTC employee.

What We're Reading 3-12-12

Marilyn Colaninno — Mon, 12 Mar 2012 15:26:57 -0500

Food Safety News: Coalition Calls for Labeling 'Added Sugars'

A coalition of 14 public health organizations is calling on the Food and Drug Administration to require that food labels provide full information on added sugars.

FTC.gov: FTC Will Host Public Workshop to Explore Advertising Disclosures in Online and Mobile Media on May 30, 2012

The Federal Trade Commission will host a day-long public workshop to consider the need for new guidance for online advertisers about making disclosures required under FTC law. The guidance will address technological advancements and marketing developments that have emerged since the FTC first issued itsonline advertising disclosure guidelines known as “Dot Com Disclosures” 12 years ago.

Bloomberg: U.S. Challenges Judge Ruling on Cigarette Graphic Warnings

The U.S. government appealed a federal judge’s ruling throwing out requirements for graphic warning labels regarding the health risks of cigarettes.

Excite.com: UK Internet providers lose copyright court battle

The High Court has endorsed Britain's new copyright rules, siding with the music industry over Internet providers in a battle over online filesharing.

CNN.com: FDA issues warning to 'breathable' caffeine maker

The Food and Drug Administration has warned a company that markets caffeine and vitamin B as "breathable energy" it could face regulatory action over "false and misleading" labeling.

Food Business Review: USFDA to decide BPA ban in food packaging by 31 March

The US Food and Drug Administration will decide whether to ban the use of Bisphenol-A (BPA) in all food packaging by 31 March. BPA is an industrial chemical that causes reproductive and fetal development problems, prostate and several other cancers.

What We're Reading 3-5-12

Marilyn Colaninno — Mon, 05 Mar 2012 16:00:52 -0500

CNN Money: Consumer Privacy Bill of Rights

The White House on Thursday unveiled its proposed "Consumer Privacy Bill of Rights," a voluntary act that it called a "comprehensive blueprint" for future legislation.

clickz.com: Ad Industry Joins FTC, White House in Do Not Track for Browsers

The ad industry's self-regulatory privacy coalition has joined with the U.S. Commerce Department and Federal Trade Commission to plan for a browser-based do-not-track standard.

FTC.gov: FTC Seeks Public Input on Proposed Changes to Appliance Labeling Rule

Energy Efficiency Labels Help Consumers Comparison Shop

As part of its systematic review of all current FTC rules and guides,the Federal TradeCommission is seeking public comment on proposed changes to its Appliance Labeling Rule, which requires energy efficiency labels for major household appliances and other consumer products.

FTC.gov: FTC Approves Safe Harbor Program for Aristotle International, Inc.

Program Will Promote Compliance With Children's Online Privacy Protection Act

The Federal Trade Commission today announced that Aristotle International, Inc. has been approved as a "safe harbor" program under the terms of the Children's Online Privacy Protection Act of 1998 (COPPA).

Business Week: Google Agrees to Allow ‘Do-Not-Track’ Button in Browser

Google Inc. will allow a “do-not- track” button to be embedded in its Web browser, letting users restrict the amount of data that can be collected about them.

European Mobile Operators Back App Privacy Guidelines

Stacy K. Marcus — Fri, 02 Mar 2012 09:43:35 -0500

On February, 27 2012, with the support of Europe’s largest mobile operators, the GSMA published a set of global Privacy Design Guidelines for Mobile Application Development. These guidelines come just days after the largest US based app providers, including Google, Apple and Amazon, agreed to legally enforceable privacy standards.

Learn more by visiting our sister blog, Global Regulatory Enforcement Law Blog.

Google vs. the World (and the EU, too.)

Douglas J. Wood — Thu, 01 Mar 2012 09:40:57 -0500

If you thought Google created controversy in the United States over its privacy policy change, you should read what Europe thinks about it. It appears the EU dislikes it even more than many U.S. pundits have opined. For the complete report from our Global Regulatory Enforcement Group, see their latest blog post.

FTC to Hold Workshop Addressing Ad Disclosures for On Line Marketers

Douglas J. Wood — Thu, 01 Mar 2012 09:10:53 -0500

On February 29, 2012, the Federal Trade Commission, the primary government regulator of advertising in the United States, announced that it will hold a workshop on May 30, 2012 to discuss its guidelines for appropriate disclosures in on-line advertising. Click here for the FTC's announcement. Items suggested by the FTC for the workshop include:

How can effective disclosures be made on social media platforms and mobile devices
When can disclosures provided separately from an initial advertisement be considered adequate?
What are the options when using devices that do not allow downloading or printing the terms of an agreement?
How can disclosures that are made in the original advertisement be retained when the advertisement is aggregated (for example, on dashboards) or re-transmitted (through, for example, re-tweeting)?
What are the disclosure opportunities and limitations of hyperlinks, jump links, hashtags, click-throughs, layered disclosures, icons, and other similar options?
How can short, effective, and accessible privacy disclosures be made on mobile devices?
What does the research show about how consumers’ use of mobile and other devices can affect the effectiveness of disclosures on particular devices or platforms, the relationship between how consumers use mobile devices and their understanding of disclosures and advertising displayed on mobile devices, how consumers make decisions based on that information?

With the meteoric rise of digital advertising, actions by the FTC must be closely watched by the entire marketing community.

The Commission's plans for a Workshop follows its May 26, 2011 announcement that it was reconsidering the guidelines and whether they needed to be updated. Reed Smith partner Douglas Wood, also Corporate Counsel's Columnist on Digital Media, commented on the initial FTC announcement on June 8, 2011. To view that column, click here.

What We're Reading 2-27-12

Marilyn Colaninno — Mon, 27 Feb 2012 15:38:18 -0500

wetmtv.com: FDA to Review Inhalable Caffeine

Washington, D.C. (AP) - U.S. Food and Drug Administration officials plan to investigate whether inhalable caffeine sold in small canisters is safe for consumers.

The New York Times: F.T.C. Tells Consumer Watchdog to Mind Its Own Business

A consumer watchdog’s pleas to the Federal Trade Commission to scrutinize Google’s latest privacy policy changes have met with a curt “No, thanks.”

foxnews.com: Lawmakers target Google over privacy laws

Three congressmen on Friday called on the Federal Trade Commission to investigate Google Inc., after The Wall Street Journal reported that the Internet giant was bypassing privacy settings of people who used Apple Inc.'s Web browser on phones and computers.

FTC.gov: Window Marketers Settle FTC Charges That They Made Deceptive Energy Efficiency and Cost Savings Claims

Companies Must Have Scientific Evidence Before Making Marketing Claims

Five companies that sell replacement windows in numerous states will have to stop making exaggerated and unsupported claims about the energy efficiency of their windows, and how much money consumers could save on their heating and cooling bills by having them installed, under settlements with the Federal Trade Commission. The settlements prohibit the companies from making these types of deceptive claims.

Bloomberg: Apple, Google Agree to Mobile-Application Privacy Rules With California AG

Apple Inc. (AAPL) and Google Inc. (GOOG) are among six technology companies offering platforms for mobile applications that agreed to a privacy protocol to protect consumers, California Attorney General Kamala Harris said.

Ad industry to honor do-not-track browser header

Stacy K. Marcus — Thu, 23 Feb 2012 13:25:10 -0500

Amy Mushahwar was featured in ADWEEK article "Regulators and Business to Work on Privacy Bill of Rights: Ad industry to honor do-not-track browser header". The full article can be found here.

What We're Reading 2-20-12

Marilyn Colaninno — Mon, 20 Feb 2012 15:31:52 -0500

Excite.com: Lawsuit seeks to block Google's privacy changes

A consumer watchdog group is suing the Federal Trade Commission in an attempt to prevent Google from making sweeping changes to its privacy policies next month.

Excite.com: Chinese city seizes Apple iPads in name dispute

Authorities have seized Apple iPads from retailers in a city in northern China due to a dispute with a domestic company that says it owns the iPad name, an official said Monday. The Chinese company said it is asking for similar action in more than 20 other cities.

Adweek.com: More Ad Networks Get Good Privacy Report Card

NAI's Groman to raise privacy bar on ad networks

The number of ad networks complying with the Network Advertising Initiative's strict online privacy code nearly doubled from 2010 to 2011, according to NAI's annual report.

BBC.co.uk: European Court of Justice blocks net-filtering bid

A social network cannot be required to install an anti-piracy filtering system, the European Court of Justice (ECJ) has ruled.

BBC.co.uk: 'Typosquatting' premium rate phone firms fined £100,000

Two companies running premium-rate phone competitions on "typosquatted" sites have been fined £100,000.

Typosquatters use misspelled versions of the web addresses of well-known brands.

What We're Reading 2-13-12

Marilyn Colaninno — Tue, 14 Feb 2012 14:38:40 -0500

Yahoo.com: Business group comes out vs graphic cig labels

The U.S. Chamber of Commerce, weighing in on a lawsuit over graphic cigarette warning labels, says the federal government has no legitimate authority to take space on a tobacco company’s packaging or advertising to persuade consumers not to buy the product.

Excite.com: EU probes new Google privacy policy

The European Union's data protection authorities have asked Google to delay the rollout of its new privacy policy until they have verified that it doesn't break the bloc's data protection laws.

Foxnews.com: Lawmaker wants ban on taxpayer-funded ad campaigns against sodas, junk food

Want a Twinkie? The government shouldn't spend any money to convince you not to eat it.

At least, that's the premise behind a bill that was just introduced in Congress. The bill, written by Rep. Scott DesJarlais, R-Tenn., would prohibit federal money from going toward ad campaigns against foodstuffs and beverages that the feds consider safe and legal.

USA Today: Lawmakers delay hearing on school trans fat ban

The nation's leanest state is taking its sweet time as it considers a proposal aimed at getting junk food out of schools.

A Colorado House committee was expected to discuss a bill that represents the nation's toughest regulations meant to keep trans fat away from students, but lawmakers Thursday delayed the hearing without explanation.

Regulatory Focus: FDA Releases Study on Major Statements in DTC Advertising, Reopens Comment Period on Proposed DTC Regulation

The US Food and Drug Administration (FDA) released the results of a new study on 27 January that explores the impact of distraction on a consumer’s understanding of important information in direct-to-consumer (DTC) television advertising.

What We're Reading 2-06-12

Marilyn Colaninno — Mon, 06 Feb 2012 21:43:36 -0500

Seattle Times: State, Facebook team up to sue over alleged 'click-jacking' scheme

In simultaneous lawsuits, State Attorney General Rob McKenna and Facebook accused an Internet-advertising company of using trickery to drive Facebook users to commercial sites.

State Attorney General Rob McKenna stood alongside Facebook lawyers Thursday to announce a "one-two" private-public legal attack on an Internet-advertising company they say tricks users of the popular social-media site into clicking on advertisements or other hidden content when they think they're responding to a posting from a friend.

Medical Marketing & Media: FDA gives guidance on brand, generic names in ads

The FDA issued guidance clarifying narrow questions of scientific or generic name placement in ads and labeling in different media, including electronic media.

New York Times: Merger of Actors Unions Keeps Up the Momentum

A planned merger between the Screen Actors Guild and the American Federation of Radio and Television Artists, which has been clearing hurdles of one sort or another for many months, cleared another on Saturday when the Aftra board gave its approval. The SAG board had already done so.

Washington Post: Google, Microsoft, Yahoo, Facebook and others companies team up to combat email ‘phishing’

Google, Facebook and other big tech companies are jointly designing a system for combating email scams known as phishing.

PaidContent.org: Verizon Says More Than 600 Websites Used In Cybersquatting Scam

In a case that shines light on the world of professional cybersquatters, Verizon is suing a website and a domain name registrar that placed ads on hundreds of sites with Verizon-like names.

What We're Reading 1-30-12

Marilyn Colaninno — Mon, 30 Jan 2012 15:00:54 -0500

Chicago Tribune: New airline fare advertising rules go into effect Thursday

Starting Thursday, new U.S. Department of Transportation rules will require airlines to include the cost of all mandatory fees and taxes in the advertised price of an airfare. Prior to Thursday, airlines were allowed to disclose taxes, baggage fees and other charges separately from the fare they advertise to consumers.

Google.Com: Google revising privacy policies, data use

Google said it is revising its privacy policies and changing how it uses data from users of its services to provide more personalized search results and advertisements.

NY Times: Europe Weighs Tough Law on Online Privacy

Europe is considering a sweeping new law that would force Internet companies like Amazon.com and Facebook to obtain explicit consent from consumers about the use of their personal data, delete that data forever at the consumer’s request and face fines for failing to comply.

FTC.Gov: FTC Seeks Public Input in Review of Wool Products Labeling Rules

As part of the Federal Trade Commission's systematic review of all current FTC rules and guides, the FTC is seeking public comment on the continuing need for, as well as the benefits, costs, and impact of, the Wool Products Labeling Rules.

Internet Retailer: ICANN says it has 25 “registrants” for new top-level domain names - But the number of applications for the new web addresses could run higher.

The Internet Corporation for Assigned Names and Numbers, or ICANN, says it has approved 25 “successful registrants” since it began accepting applications for new generic top-level domain names a week ago. The number of actual applications for domains does not necessarily equal the number of registrants, however, because each registrant can apply for up to 50 new top-level domains, ICANN says.

What We're Reading 1-25-12

Marilyn Colaninno — Wed, 25 Jan 2012 09:32:35 -0500

Excite News: High court weighs policy against curse words on TV
The Supreme Court is considering whether government regulators may still police the airwaves for curse words and other coarse content at a time when so many Americans have unregulated cable television, and the Internet is awash in easily accessible adult material.

Bloomberg Business Week: Web-Name Expansion Should Have ‘Do Not Sell’ List, Ad Group Says
A Web-expansion program that may add hundreds of top-level domains such as .apple and .nyc to the Internet needs a “Do Not Sell” list to protect brand names, an advertising group said.

Reuters: U.S. online piracy bill headed for major makeover
U.S. legislation aimed at curbing online piracy, which had appeared to be on a fast track for approval by Congress, appears likely to be scaled back or jettisoned entirely in the wake of critical comments over the weekend from the White House, people familiar with the matter said.

CSNews: FDA's Tobacco Committee Continues Dissolvable Review
Six months after first taking up the issue, the Food and Drug Administration's Tobacco Products Scientific Advisory Committee (TPSAC) will meet again this week to discuss dissolvable tobacco products .

NY Times: For Online Privacy, Click Here
SOMETHING viewed online billions of times a month would seem to need no further promotion, but that assumption falls short when the something in question — a turquoise triangle in the upper right-hand corner of banner ads — is a critical piece of the debate about online privacy.

Open Letter To The Board Of Directors - Internet Corporation For Assigned Names And Numbers

Douglas J. Wood — Tue, 10 Jan 2012 14:40:37 -0500

Dear ICANN and Members of the ICANN Board:

In just five months, since the Association of National Advertisers formed the Coalition for Responsible Internet Domain Oversight (“CRIDO”) and organized the global constituencies that have partnered and irrefutably shown that serious problems with ICANN’s proposal to open the DNS to unlimited TLDs remain unresolved despite years of deliberation by ICANN. It is clear that should ICANN proceed without heeding the calls of these constituencies for improvements and reform, the result will be irreparable damage to countless stakeholders, including the global law enforcement community, NGO’s, IGO’s, consumers and brand owners in the commercial sector. Yet, despite the unprecedented groundswell of objections from these constituencies and others, ICANN remains unwavering in its decision to implement, in just a couple days, the resolution made in June 2011, over vociferous opposition from many within the ICANN community including ICANN’s own Government Advisory Committee.

Since CRIDO was formed, the following statements have been made and events have transpired:

Date	Sender	Contents
Nov. 3, 2011	Esther Dyson & Vin Cerf	National Journal story in which both ICANN founders express concern regarding the ICANN gTLD program. See http://techdailydose.nationaljournal.com/2011/11/former-icann-chairs-voice-conc.php.
Nov. 10, 2011	CRIDO (now 161 companies & major trade associations)	Petition to U.S. Commerce Secretary Bryson expressing the need to delay or stop the ICANN gTLD program until it can be reformed in the public interest.
Nov. 14, 2011	Screen Actors Guild	Letter to U.S. Commerce Secretary Bryson expressing the need to delay or stop the ICANN gTLD program until it can be reformed in the public interest.
Nov. 14, 2011	American Federation of Television and Radio Artists	Letter to U.S. Commerce Secretary Bryson expressing the need to delay or stop the ICANN gTLD program until it can be reformed in the public interest.
Nov. 14, 2011	European Commission	Press Release issued entitled, “Digital Agenda: Commission welcomes improvements in the new IANA contract”.
Dec. 7, 2011	Robert E. Hall, Stanford University and Michael Flynn of AFE Consulting	Letter to U.S. Commerce Secretary Bryson expressing that ICANN with its gTLD program is “sponsoring a perversion of the economic analyses that it commissioned by even suggesting that this nuisance has net benefits for the Internet community.” Both economists urge the Secretary to delay and or block gTLD expansion efforts until adequate reforms are put in place.
Dec. 7, 2011	National Retail Federation	Letter to Senator John Rockefeller which was read into the record at the Senate Commerce Committee hearing expressing concern that ICANN’s gTLD expansion plans do not have adequate consumer and trademark protections in place.
Dec. 8, 2011	Senate Commerce Committee	Held a full committee hearing on ICANN’s expansion of top level domains. Sen. Amy Klobuchar, a former prosecutor, and Sen. Kelly Ayotte, a former state attorney general, voiced a number of concerns with the program’s potential impact to law enforcement activities.
Dec. 12, 2011	Washington Post Editorial Board	Editorial published entitled, “What’s the .rush?” http://www.washingtonpost.com/opinions/whats-the-rush/2011/12/09/gIQA5Ms9nO_story.html
Dec. 13, 2011	San Francisco Chronicle	Editorial published from Boonsri Dickinson entitled “Why .XXX And Other New Top-Level Domains Are a Terrible Idea” http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2011/12/13/businessinsiderboonsri-dickinson-es.DTL
Dec. 14, 2011	Intergovernmental Organizations (28 signatories)	Open Letter to ICANN on the expansion of TLDs and the need to protect IGOs against misleading uses of IGO names and acronyms within the new domain name spaces.
Dec. 14, 2011	House Energy & Commerce Committee, Subcommittee on Communications and Technology	Held a robust oversight hearing regarding ICANN’s Top-Level Domain Name Program where many Representatives in attendance stated that the ICANN gTLD program was not ready for “prime time.”
Dec. 14, 2011	National Restaurant Association	Submitted a statement to the record for the House Energy & Commerce, Subcommittee on Communications and Technology oversight hearing of the ICANN gTLD program, recommending that the Commerce Department urge ICANN to re-evaluate its program.
Dec. 15, 2011	Online Trust Alliance	Letter to ICANN expressing that the Online Trust Alliance remains concerned that the planned gTLD expansion may create consumer confusion, abuse, brand erosion and other unintended consequences.
Dec. 16, 2011	Federal Trade Commission (all Commissioners signing)	Detailed, 15-page letter to the ICANN Chairman of the Board and its CEO/President expressing great concern about the lack of consumer protection safeguards within the gTLD program.
Dec. 16, 2011	Representatives Bob Goodlatte and Howard Berman	Bipartisan letter to U.S. Commerce Secretary Bryson expressing the need to delay the new gTLD program or reduce it to a small ‘pilot project’ to study the program’s potential costs and benefits.
Dec. 19, 2011	Steve Cox, President and CEO of the Council of Better Business Bureaus	Letter to the editor in the Baltimore Sun entitled “Online fraud puts consumers at risk.”
Dec. 21, 2011	Senator Dianne Feinstein	Sent FBI Director Robert S. Mueller questions for the record following up on her questions to him regarding ICANN and controls for Internet fraud.
Dec. 21, 2011	17 members of the House Commerce Committee	Bipartisan letter to ICANN urging it to delay the planned launch of the January 12, 2012 application window to address concerns of law enforcement and the business community, as well as concerns of a lack of transparency within ICANN’s processes.
Dec. 21, 2011	CRIDO (now 161 companies & major trade associations)	Letter to ICANN summarizing the key objections to the proposed gTLD expansion by multiple constituencies within the Internet stakeholder community (IGOs, businesses, not-for-profits, editorial boards, legislators, law enforcement and consumer protection authorities).
Dec. 21, 2011	ICANN At-Large Advisory Committee	Advised that the ICANN program’s current “implementation would be harmful to the public interest and specifically that of Internet end-users.” These concerns were originally stated in Mexico City at the ICANN meeting in March of 2009.
Dec. 22, 2011	Senators Amy Klobuchar and Kelly Ayotte	Sent a letter to ICANN outlining that the plan to expand the number of available Internet domain names could potentially create new opportunities for bad actors to prey on consumers and create unnecessary burdens for businesses. The Senators asked ICANN to meaningfully address law enforcement’s concerns before launching any new domain names.
Dec. 25, 2011	New York Times Editorial Board	Editorial published entitled, “Expanding Internet Domains” urging ICANN to delay the gTLD planned expansion and work out the consumer protection and business issues before moving forward.
Dec. 27, 2011	Senator Patrick Leahy, Senator Charles Grassley, Representative Lamar Smith and Representative John Conyers, Jr.	Letter to ICANN urging ICANN to strengthen protections for consumers and trademark holders in its new gTLD program.
Dec. 28, 2011	Senator John D. Rockefeller	Letter to U.S. Commerce Secretary Bryson and NTIA Administrator Larry Strickling expressing the need to delay the new gTLD program or reduce it to a small ‘pilot project’ to study the program’s potential costs versus its benefits.
Jan. 3, 2012	NTIA Administrator Larry Strickling	Letter to ICANN Chairman of the Board Steve Crocker asking ICANN to remediate the consumer and business harms anticipated from the ICANN program.
Jan. 6, 2012	National Consumers League	Sent a letter to ICANN expressing concern about the potential of the gTLD program to increase Internet fraud, in its present form. Urges delay of the program to vet changes recommended by a wide variety of stakeholders, including the FTC. See http://www.nclnet.org/images/PDF/greenberg_icann_gtld_01062012.pdf.

Never before has ICANN faced this level of public scrutiny and concern by policy makers at the highest levels of government and from stakeholders which have, heretofore, been all but ignored by ICANN, despite ICANN’s insistence that it carefully considered in its own process all of the concerns being expressed now and over the past five months in the court of public opinion. That simply does not comport with the record of ICANN’s deliberations. ICANN clearly did not, and it still has not, adequately addressed, let alone answered, the many questions that remain with respect to its plans for further TLD expansion.

Indeed, we are not aware of a single constituency that has organized to defend ICANN’s plans (except those who are aligned with registries and registrars that will take in millions in registration fees for worthless domain names). The only known support comes from (1) occasional letters to the editor and blog entries by the out-going ICANN President and CEO Rod Beckstrom (for whom a replacement is currently being sought but has not yet been identified) and the former Chairman of the Board of ICANN Peter Dengate Thrush, who completed his term as Board Chair in June 2011. It is worth noting that within weeks, Mr. Thrush announced his intention to join Minds + Machines’ parent company as its Executive Chairman, where his personal fortunes, and the fortunes of the company, are directly tied to ICANN moving forward with its plans to introduce new TLDs ) and (2) blog comments attributed to a few consultants, registries and registrars, the business plans of which are tied to the complexities of the application process and the expected land rush for purchase of second level domain names that they hope will follow an expansion in TLDs.

However, to the best of our knowledge, there has not been a single credible article published or letter written to a Member of the U.S. Congress, to the Obama Administration, to the NY Times or the Washington Post, the Wall Street Journal, Forbes or even to the ICANN Board, by an independent expert, rebutting the concerns, still unaddressed, that were expressed directly to ICANN by international law enforcement in its 2009 recommendations regarding cyber security, by the Federal Trade Commission about cyber squatting and consumer protection, or by brands from the global NGO, IGO and business communities decrying the extraordinary costs, in the nature of a brand (new) tax that ICANN is imposing, without any reliable demonstration of offsetting benefit, at a time of severe economic crisis around the world.

Despite all of this compelling evidence condemning ICANN’s plans, as evidenced by the recent statements of Dr. Stephen D. Crocker, ICANN apparently remains steadfastly committed to moving forward, on schedule and as planned, without having adopted any of the changes requested by the global community. ICANN’s approach -- “pay now and trust us to make some refinements later” -- has failed in the past and is not a workable solution for the future.

However, in the interest of being constructive, and focusing attention on the development of solutions rather than on the discovery of ever more problems, we propose a way forward which, if ACCEPTED IMMEDIATELY, could bring together the parties to address in a positive way the critical concerns that have been aired and acknowledged in a public and transparent fashion over the course of the past five months.

PROPOSED WAY FORWARD

ICANN will proceed with its plan to begin accepting applications for new TLDs on January 12, as scheduled;
Concurrently, all NGOs, IGOs and commercial stakeholders concerned about protecting their brands will be given the opportunity to have those brands registered, without cost, on a temporary “Do Not Sell” list to be maintained by ICANN during the first application round (any interested party which does not want to have its brands on the Do Not Sell list and would rather apply for a TLD would be free to do so). We will assemble a team from the interested constituencies to work with ICANN leadership during the first application round. If this group achieves consensus with respect to any proposals, those proposals will be voted on by the Board. At the end of the first application round, should the parties continue to disagree, all parties will be free to pursue their legal and equitable rights without prejudice.

Destructive and costly litigation can hopefully be avoided if you accept this proposal and if all parties work together in good faith during the first application period to develop practical and reliable solutions to the challenges that have been repeatedly raised over the years (and that have been conceded to exist as recently as January 3 of this year, in NTIA’s letter to ICANN. We are asking ICANN to do nothing more than maintain the status quo for critical groups that have established serious concerns for a limited period of time while the parties work together in good faith and avoid further conflict.

This is an eminently reasonable, simple proposal, consistent with the concerns expressed by the many constituencies noted above and responsive to the January 3, 2012 letter from the NTIA. Moreover, given that there are three ICANN meetings in 2012, there is ample time to debate any proposal(s) fashioned and for the Board to vote on the proposal(s) BEFORE, by ICANN’s own estimates, any new names would be deposited in the authoritative root. In the interim, we must request, whether or not you agree to the way forward we are suggesting, that all documents in ICANN’s possession custody or control relating in any way to the planned expansion of TLDs be preserved and all regularly scheduled document destruction policies be suspended.

In conclusion, we hope that ICANN will accept this proposal and, given the brief period remaining before the scheduled opening of the applications window, get back to us within two business days with its response. It remains our sincere hope that ICANN will accept this simple, temporary solution as the parties put in place the solutions promised by ICANN to address the serious concerns expressed by the many constituencies and that, most recently, were endorsed by NTIA.

We look forward to your immediate response. Please address your response c/o Robert Liodice, Association of National Advertisers, 708 Third Avenue, New York, NY 10017; email: bob.liodice.ceo@ana.net.

Respectfully submitted,

Robert Liodice
The Association of National Advertisers

Accepted by:

Dr. Stephen Crocker
On behalf of ICANN and its Board

[1] The job description is available on ICANN's website at: http://www.icann.org/en/committees/ceo-search/ceo-candidate-profile-01dec11-en.pdf.

[2] see http://www.washingtonpost.com/business/icann-departures-draw-criticism/2011/08/19/gIQAzpeDTJ_story.html