ARTICLE
12 August 2013

Was AdChoices Just Flipped The (Twitter)Bird On Behavioral Targeting?

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Sheppard Mullin Richter & Hampton

Contributor

Sheppard Mullin is a full service Global 100 firm with over 1,000 attorneys in 16 offices located in the United States, Europe and Asia. Since 1927, companies have turned to Sheppard Mullin to handle corporate and technology matters, high stakes litigation and complex financial transactions. In the US, the firm’s clients include more than half of the Fortune 100.
It appears that users won’t be seeing the blue AdChoices triangle icon on Twitter anytime soon.
United States Media, Telecoms, IT, Entertainment
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It appears that users won't be seeing the blue AdChoices triangle icon on Twitter anytime soon. AdChoices and its blue triangle icon are the work of the Digital Advertising Alliance (a consortium of trade groups) to provide users with disclosure of and the ability to opt out of targeted behavioral advertising (e.g. ads based on websites visited). This industry self-regulatory option was intended to be a broad and unifying option to stave off governmental regulation.

Recently Twitter began allowing promoted tweets to be targeted based on users' individual browsing activity. But Twitter has opted for its own opt out structure utilizing user controlled browser settings rather than the advertising industry's AdChoices blue triangle. The Twitter process does work, and is easy to use if one is aware of it. But can AdChoices survive or become a viable industry standard with the desired effect of creating cohesive industry self-regulation when a major platform player like Twitter chooses not to participate? Even if the browser model for opting out becomes the dominant self-regulatory model, does this schism make governmental regulation more likely because the browser option doesn't have the obvious user interface that the blue triangle does? Another VHS vs. Betamax or Blu Ray vs. HD DVD?

Facebook did not initially utilize AdChoices for certain targeted advertising products, but subsequently became fully compliant with AdChoices. Will Twitter do the same? Company statements suggest it won't, but time will tell.

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