Despite claims, opt-out cookies will not substantively protect you from behavioral targeted advertising because tracking your website viewing habits is simply to profitable for Internet advertisers. And new Internet laws to strengthen opt-out processes won’t be effective for that reason either.
When you opt out of behavioral targeted advertisements, what exactly does that really mean? How many advertising networks does the opt out affect? How long will opt-out cookie last before it expires or is destroyed? And if you opted out on your desktop computer, how is that to stop tracking you the next time you’re online using your laptop?
Although the Network Advertising Initiative (NAI) provides a way for you to opt out of behavioral targeted ads by its members, that’s just not going to be enough to protect your private information while surfing the Web.
If the Federal Trade Commission (FTC) follows through with true consumer privacy protection, look for opt out cookies to be replaced with a process that requires clear disclosures and informed consent with voluntary opt-ins before behavioral targeting can occur. This will hurt the effectiveness of targeted advertising and impose costs for “buying” the right to track individual Internet browsing habits. On the other hand if the FTC does nothing, opt-out cookies will be used by advertising networks to pretend to protect privacy.
Some Facebook users have filed suit in a California state court claiming that Facebook violates state privacy laws. Since at least 2005, California has been on the cutting edge for protecting consumer data online. From an Internet law standpoint, state laws create a mass of confusion that really should be trumped by federal law. Why should a website owner based in New York, for example, be required to keep up to date on online privacy laws in 49 other states? That’s about as ridiculous as making the site owner collect state and local taxes wherever a purchaser happens to be located and remit it to the taxing authority.
