Abstract
The rapid growth and use of the internet has changed society and raised important questions. One such question concerns online behavioral advertising, which refers to the practice of following an individual's actions on an internet capable device and tailoring advertisements based on that individual’s internet actions. The main issues in this comment are whether the government should regulate online behavioral advertising and whether consumers have the right to limit the tracking of their online actions. This comment specially examines the practice of online behavioral advertising and the Federal Trade Commission's proposal, Protecting Consumer Privacy in an Era of Rapid Change, which advocates a simple consumer mechanism to limit online behavioral advertising—‘Do Not Track.' The comment goes on to analyze that whether the government decides to take action and regulate online behavioral advertising, or whether a robust self-regulatory framework is set up, any type of anti-tracking mechanism such as 'Do Not Track' must be (1) unique and prominent so that people do not merely skim over it; (2) simple so that the average internet user may understand its purpose and make an informed choice; and (3) enforceable so that individual companies do not abuse consumers’ wishes and consequently gain a slight advantage relative to other competing companies. Finally, the comment considers the realities of regulation while taking into account an individual's privacy expectations.
Recommended Citation
Timothy J. Shrake II,
Who's Following You: The Federal Trade Commission's Proposed “Do Not Track” Framework and Online Behavioral Advertising,
36
S. Ill. U. L.J.
383
(2012).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol36/iss2/7