Advertising

Pandering to the base is a tradition as old as politics itself. But in the social media age, it’s easier than ever for politicians to take those tailored messages—the kind they might not like to share with the whole world—and disseminate them only to the people who are most likely to agree. And targeting allows campaigns to silo thousands of possible audiences with just a click, making it harder than ever to hold politicians accountable for all of it.

Some have taken to calling this type of ad a “dark post,” an overly nefarious name for what is, in actuality, just the way digital ads operate today. Technically speaking, Trump's ad buy works the same as one for the pair of Zappos shoes that somehow follows you around the internet. You’re seeing those shoes because Facebook thinks you're in the market for shoes. But President Trump isn’t running a shoe store; still less than a year into his term, he's already running a reelection campaign. And when the president sends one subset of the population a message that the rest of the population can’t see—especially one that's at odds with reality—it feels like a fundamental failure of government transparency.

After years of largely avoiding regulation, businesses like Facebook, Google and Amazon are a focus of lawmakers, some of whom are criticizing the expanding power of big tech companies and their role in the 2016 election.

The attacks cover a smattering of issues as diverse as antitrust, privacy and public disclosure. They also come from both sides, from people like Stephen Bannon, President Trump’s former chief strategist, as well as Sen Elizabeth Warren (D-MA). Many of the issues, like revising antitrust laws, have a slim chance of producing new laws soon. But they have become popular talking points nonetheless, amplified by a series of missteps and disclosures by the companies. The companies, recognizing the new environment in Washington, have started to fortify their lobbying forces and recalibrate their positions.

A group of House and Senate Democrats are calling on the US government to issue new “guidance” to stop foreign advertisers from spending money on Facebook, Google and other web platforms in a bid to influence American elections.

Federal law already bars that sort of political spending, but lawmakers — including Rep. John Sarbanes (D-MD) and Sen. Elizabeth Warren (D-MA) — stress in a letter to the Federal Elections Commission that countries like Russia “have routinely deployed sophisticated tactics in making political expenditures to evade detection.” To that end, the Democrats are asking the FEC — which oversees campaign finance —to offer suggestions for how to crack down on “loopholes” that allow foreign entities to use “corporate or nonprofit designations to evade disclosure.” And they want to help tech companies harden their own platforms to prevent that spending in the first place.

For now, though, the Democrats are asking the watchdog agency to issue a timeline for action and respond to their questions no later than Oct. 4.

The 9th Circuit Court of Appeals will hear arguments in a Federal Trade Commission throttling case against AT&T that has major implications for the agency’s reach over telecommunications companies. An 11-judge panel is taking a second look at the case, which centers on whether a carve-out in the FTC’s jurisdiction for "common carriers" should be based on a company’s activities or its status. A three-judge panel from the court sided with AT&T in 2016 and knocked down the FTC’s case against the telecom giant, ruling that the agency did not have the authority to bring the lawsuit against the company because of its status as a common carrier. The FTC asked the court to re-hear the case, and got support from the Federal Communications Commission and internet service providers including Comcast, Charter, Cox Communications and Verizon.

Here is a nice summary article. 

Apparently, Alphabet’s Google has proposed overhauling its shopping search results so that rivals can bid for space to display products for sale, as part of the company's efforts to comply with the European Union’s antitrust order. Under the proposal, Google would bid against rivals to display products for sale in the space above its general search results, apparently. Google would set itself a price cap that it wouldn’t be able to bid above, but competitors could do so if they wished. Rival shopping sites have hit back, saying an auction-based remedy wouldn’t assuage the EU regulator’s demands that the company treat its competitors’ offerings and its own shopping service equally.

Until the week of Sept 11, Facebook enabled advertisers to direct their pitches to the news feeds of almost 2,300 people who expressed interest in the topics of “Jew hater,” “How to burn jews,” or, “History of ‘why jews ruin the world.’”

To test if these ad categories were real, ProPublica paid $30 to target those groups with three “promoted posts” — in which a ProPublica article or post was displayed in their news feeds. Facebook approved all three ads within 15 minutes. After ProPublica contacted Facebook, it removed the anti-Semitic categories — which were created by an algorithm rather than by people — and said it would explore ways to fix the problem, such as limiting the number of categories available or scrutinizing them before they are displayed to buyers.

A group of digital advertising and marketing organizations has come together to condemn Apple for what the coalition says is a “unilateral and heavy-handed approach” to user privacy on Mac. The group fears that Apple, which has started taking more extreme measures to reduce ad tracking on both the mobile and now desktop versions of Safari, is unfairly exercising its muscle in a way that could snuff out an entire segment of the ad industry.

The open letter, published by six leading advertising trade groups, is in response to a new macOS feature Apple calls Intelligent Tracking Prevention, or ITP. Introduced back at WWDC in June, ITP uses machine learning algorithms to identify tracking behavior on the company’s Safari browser, like the presence of persistent cookies from third-party ad networks, and imposes a strict 24-hour time limit on those tracking tools’ lifespans. Apple unveiled the new feature by saying, “It’s not about blocking ads, but your privacy is protected.”

[Commentary] The Sept. 9 Digest item “Ex-IRS official won’t be charged in scandal” noted that the ex-Internal Revenue Service official will not be charged in the “mistreatment of conservative groups during the 2010 and 2012 elections.” However, the real big scandal here is the undermining of our democratic process by the IRS fostering a tsunami of “dark money” in our elections.

With the decision in Citizens United, our elections have been swamped by an increased flood of money, but the Supreme Court’s decision was based on the premise that the electorate would be informed as to who was trying to influence it and could then make its own decision. That is not the case with the IRS procedure here, which does not require any transparency as to the identity of the true donors. The names given, such as Crossroads GPS and Organizing for Action, lack such transparency. While the Communications Act and long- established Federal Communications Commission rules require disclosure of the identity of the sponsors in political or controversial-issue ads, the FCC has failed to enforce the act or rules. That is the scandal, and it applies to the FCC under its present chairman and his predecessor.