Seminar in Interactive Advertising

Seminar Notes for Topic:

“Examining Socio-Cultural Issues”

Department of Advertising

College of Communication

The University of Texas at Austin

Examining Socio-Cultural Issues

• I. New Media and Democracy• II. Security and Privacy Issues• III. Ethical Concerns• IV. Legal Issues• V. Pornography on the Internet• VI. Internet Regulation• VII. Intellectual Property and

Copyright• VIII. The Role of Advertising

I. New Media and Democracy

• A. Citizen Participation in Public Life• 1. Universal Service

– homes, schools, libraries, hospitals and more

• 2. Widespread and affordable access

• 3. Use of the Internet to strengthen civic society

• B. “Common Carrier” Concept for Free

Speech

II. Security and Privacy Issues

• A. Definition of Privacy:– “Privacy is the power of information self-determination.”

• 1. Privacy is not an absolute right• 2. The word “privacy” is not in the U.S.

Constitution• 3. First used in 1810 by Judge Louis Brandeis

– Newspapers and printing technology for pictures

• 4. Since the 1950’s the Supreme Court has interpreted this as “the right to be

left alone.”

II. Security and Privacy Issues

• B. Accuracy, Integrity, and Security• 1. Accuracy concerns how data are captured,

entered, updated and corrected

• 2. Integrity deals with how computers use data in

terms of moving, calculating and

storing them

• 3. Security is about preventing unauthorized

access to a data system and its

contents

II. Security and Privacy Issues

• C. Commercial Use of Information• 1. Three major credit bureaus have over 450

million records on 160 million people• 2. Calls to 800/900 numbers can be captured

via Automatic Number Identification (ANI) and related to reverse directories to reveal name/address

• 3. Is “one-to-one” or relationship marketing a service or an intrusion?

• 4. Is it “freedom of the press” or your freedom?

II. Security and Privacy Issues

• D. Who Owns the Data?• 1. “Possession is nine-tenths of the law”

• 2. The data collector is considered to be the

official owner of the collected information

• 3. Secondary uses of data without permission?

• 4. Businesses claim elimination of secondary

use would undermine their ability to

prospect for new customers

II. Security and Privacy Issues

• E. Fair Information Practices• 1. Developed in 1973 by Health & Human Services

Department of U.S. Government• 2. Eight Principles:

– Openness

– Individual participation

– Limited collection

– Data quality

– Use limitation

– Disclosure limitation

– Security

– Accountability

III. Ethical Concerns

• A. “Ten Commandments of Computer Ethics” [from Computer Ethics Institute, Washington,

D.C.]

• 1. Thou shalt not use a computer to harm people

• 2. Thou shalt not interfere with other people’s computer work

• 3. Thou shalt not snoop around in other people’s computer files

• 4. Thou shalt not use a computer to steal

• 5. Thou shalt not use a computer to bear false witness

III. Ethical Concerns

• 6. Thou shalt not copy or use proprietary software for which

you have not paid

• 7. Thou shalt not use other people’s computer resources

without authorization

• 8. Thou shalt not appropriate other people’s intellectual output

• 9. Thou shalt think about the social consequences of the

program you are writing

• 10. Thou shall always use a computer in ways that ensure

consideration and respect for your fellow humans

IV. Legal Issues

• A. Do Traditional Advertising Laws

Apply?

• B. Ad Substantiation and FTC (1984)• 1. Rules do not specify a particular medium

• C. Deception (October 1983 FTC Rule)

• D. Unfairness (December 1980 FTC Rule)

IV. Legal Issues

• E. Trademark and Copyright• 1. It is illegal to profit from someone else’s

creation without permission• 2. “Electronic copies” and “Save image as...”• 3. Copyright/trademarks concern ownership and

owners must show an active interest in protecting their possession

• 4. Fair Use Doctrine– ok to use others’ creations for educational purposes

• 5. “Digital watermarks”

IV. Legal Issues

• F. Jurisdiction

• 1. Border control?

• 2. International issues?

V. Pornography and the Internet

• A. The Rimm Study at Carnegie-Mellon University in 1995:

• 1. Cited by Senators Exxon and Grassely when developing the internet information

act• 2. “83.5% of 900,000 images were pornographic”• 3. All came from adult bulletin boards, not

internet

• B. Deja News, e.g., and Chat Rooms• 1. Highest traffic is on pornographic areas

V. Pornography and the Internet

• C. What is it?• 1. “Obscene” vs. “Indecent”

• 2. Bookstores and libraries are considered

“common carriers” and allowed to

carry as much content as they can

• 3. “Common Carrier” is not responsible for

contents publishers send over its

transmission system

VI. Internet Regulation

• A. Private Communication or Public

Transmission?

• B. Are Internet Sites Like Bookstores?– “Common Carriers”

• C. Are Internet Sites Like Magazines?– Contents are under the control of the publishers

VI. Internet Regulation

• D. Is the ISP Responsible?

• E. Is Cyberspace Like the Public Airwaves and Subject to Government Control?

• F. Is the Internet Site Private Property?

• G. Should “Huckleberry Finn” and “Catcher in the Rye” be Removed both from Libraries and the Internet?

VII. Intellectual Property and Copyright

• A. Alvin Toffler in “Future Shock”:

– “Even if you use a piece of information, I can use it too.

In fact, if we both use it the chances are improved that

we will produce more information. We don’t “consume”

information like other resources. It is generative.... That

by itself knocks the hell out of conventional economic

theories.”

VII. Intellectual Property and Copyright

• B. Copyright

• 1. Protection is given for up to 56 years to an

“original work” that is “fixed in any tangible

medium of expression.”

• 2. Has now been extended to “computer

programs”

• 3. Copyright protects a particular “expression of an

idea” and not the idea itself.

VII. Intellectual Property and Copyright

• 4. National Writers Union is trying to prohibit

recycling of writing without compensation to

the author.

• 5. While copyright involves ownership rights,

the primary motivation of laws was to stimulate

the creation and dissemination of socially

useful innovations.

VII. Intellectual Property and Copyright

• C. Fair Use Doctrine• 1. Section 107 of the Copyright Act

• 2. Allows for the reproduction of copyrighted

material:

– “for purposes such as criticism, comments, news

reporting, teaching, scholarship or research...”

• 3. Fair use is a limitation on copyright

ownership to promote free speech

VII. Intellectual Property and Copyright

• 4. Law requires attention in each case to:

– purpose and character of use (commercial or non-profit)

– nature of the copyrighted work

– amount of the work used

– effect of use on the potential market or value of the work

VIII. The Role of Advertising?

• A. Purpose of the Internet?

• B. Can Advertising Help?

• C. Can Advertising Harm?

• D. Advertising as Socialization

• E. An Internet without Advertising?

• F. Advertising-free Intranets?

• G. Civilizing Cyberspace?