During this holiday season, online retailers and others are using new technologies to collect, store, manipulate, and share ever-increasing amounts of consumer data at very little cost. The latest techniques in online targeted advertising depend upon capturing consumer Web browsing, social media, and location-based mobile service data over time. However, recently, the ease with which companies collect and combine online information from consumers has raised some concerns about consumer privacy. Some consumers are troubled by the sharing of their information or compiling of comprehensive profiles, others have no idea that it is taking place, and still others may be aware of such online data collection but view it as a worthwhile tradeoff for innovative products and convenience.

This article will discuss the current legal landscape surrounding online behavioral advertising and data tracking, including recent actions by the marketing industry and Federal Trade Commission (FTC) and the latest developments surrounding geolocation and the development of a Do Not Track Web browsing mechanism.

Behavioral Advertising

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