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American Association of
Advertising Agencies, Inc. (4A’s)
          IST 618 Final Project /
       Laurie Tewksbury / April 2013




                                       1	
  
Section        1   Identifying the organization
section        2   membership
section        3   Public Policy Agenda
Section        4   Member interest in the policies advocated
Section        5   References


CONTEntS	
                                                     2	
  
Section        1   Identifying the organization
section        2   membership
section        3   Public Policy Agenda
Section        4   Member interest in the policies advocated
Section        5   References


CONTEntS	
                                                     3	
  
Organization info:
                                             o  Founded in 1917 as a national trade
                                             association

                                             o  Represents advertising agencies in the
                                             United States

                                             o  750 members, which account for 80%
                                             of the total national advertising volume

                                             o  Members are both large, multinational
                                             agencies and small agencies billing less
                                             than $10 million per year

                                             o  http://www.aaaa.org

                                             (American Association of Advertising Agencies, Inc., 2013)




Section 1 Identifying the organization	
                                                                  4	
  
MISSION:
                                             “To improve and strengthen the advertising
                                             agency business in the United States by
                                             counseling members on operations and
                                             management, by providing the collective
                                             experience of the many to each, by fostering
                                             professional development, by encouraging the
                                             highest creative and business standards, and by
                                             attracting excellent people to the business.”

                                             “To work with Federal, state, and local
                                             governments to help achieve desirable social
                                             and civic goals, to influence public policy, to
                                             resist unwise or unfair legislation and regulation,
                                             and to be the principal source of information and
                                             advice about advertising.”

                                             Additionally, the 4A’s mission includes
                                             advocating advertising, representing agency
                                             point of views to advertisers and media,
                                             facilitating pro bono advertising work, and
                                             counseling and professional development to
                                             member agencies.

                                             (American Association of Advertising Agencies, Inc., 2013)



Section 1 Identifying the organization	
                                                                  5	
  
o  750 members, which account for 80% of the
                                             total national advertising volume	
  




Section 1 Identifying the organization	
                                            6	
  
Section 1 Identifying the organization	
     7	
  
SHORT-TERM GOALS                                    LONG-TERM GOALS
“Promote friendly relations among all advertising   Foster social responsibilities of advertising and
agencies and marketing communication                marketing
organizations”
“Maintain friendly relations with associations      “Fostering and stimulating scientific research and
representing advertisers, media, suppliers, and     innovation” to continually improve advertising
consumers”
“Maintain and safeguard honesty, fairness and
good taste”
Work with the government and consumers on
matters, which affect advertising                         (American Association of Advertising Agencies, Inc., 2013)




    Section 1 Identifying the organization	
                                                                    8	
  
Section        1   Identifying the organization
section        2   membership
section        3   Public Policy Agenda
Section        4   Member interest in the policies advocated
Section        5   References


CONTEntS	
                                                     9	
  
“The average 4A’s agency has been a member for more
                       than 20 years, and a dozen agencies can trace their
                       memberships back to the group of 111 agencies that
                       founded the 4A’s in 1917” (American Association of
                       Advertising Agencies, Inc., 2013).




                       Can be privately held or publicly
                       traded. And it’s members employ      In addition, colleges and
                       approximately 65,000 people across   universities with advertising
                       the United States.                   studies can also seek
     750                                                    membership to provide for
 members with                                               its faculty and students. The
                                                            membership fee for colleges
 1250 branch
                                                            and universities are $3,000
   offices.                                                  per year.




Section 2 Membership	
                                                                 10	
  
Benefits of membership:


o  Consulting and advisory services on a variety
of management-related topics

o  Training and professional development
programs

o  Government relations team in Washington,
giving agencies a voice with government,
lobbying groups and other trade associations

o  Research services, including access to
specialists and numerous databases

o  Insurance and employee benefits

(American Association of Advertising Agencies, Inc., 2013)




 Section 2 Membership	
                                      11	
  
How to join:
Agencies of all sizes can join the association and agency size does not play a role in membership.
They do, however, require that organizations are:

1.  An advertising agency or other organization that creates and/or places advertising or marketing
    communications, which a minimum of 50% of the gross income must result from payment for
    services;

2.  Adequately equipped to service its business;

3.  Its principal owners have been in business for at least two years;

4.  Have offices in the United States;

5.  Be in operating control of the agency and must disclose all facts related to ownership, control,
    and bias;

6.  Maintain service standards and operate at a high level of professionalism and ethical standards;

7.  Advertising ability; and lastly,

8.  Financial responsibility and stability.

                                                        American Association of Advertising Agencies, Inc., 2013


Section 2 Membership	
                                                                                        12	
  
As a member,
you must uphold a strong and ethical
standard of practice.

    The following standards of practice have been revised in 2011 and are required of all
    members. Some of the standards include staying competitive yet ethical, should
    compete on merit, place a high priority on recruiting and retaining top, diverse talent,
    and following a creative code of which was developed with the public interest in mind.

                                           (American Association of Advertising Agencies, Inc., 2013)




Section 2 Membership	
                                                                                  13	
  
4A’s Creative Code
The creative code requires of members to “not knowingly create advertising that
contains:
                                    False or misleading statements or exaggerations,
                                                     visual or verbal

                                  Testimonials that do not reflect the real opinion of the
                                                  individual(s) involved


                                             Price claims that are misleading

                                 Claims insufficiently supported or that distort the true
                                meaning or practicable application of statements made by
                                           professional or scientific authority

                                 Statements, suggestions, or pictures offensive to public
                                     decency or minority segments of the population




                                                       (American Association of Advertising Agencies, Inc., 2013)



Section 2 Membership	
                                                                                        14	
  
Section        1   Identifying the organization
section        2   membership
section        3   Public Policy Agenda
Section        4   Member interest in the policies advocated
Section        5   References


CONTEntS	
                                                 15	
  
4A’s Lobbying
the government


     The 4A’s spends a portion of their time and energy on lobbying the government on
     matters that affect the advertising and marketing communications industry.

     Some of the matters in which they are currently lobbying include advertising
     deductibility, anti-piracy and counterfeiting, children’s advertising, consumer data
     privacy, and patent trolling (American Association for Advertising Agencies, Inc.,
     2013). With a continually changing and innovative industry, perhaps two of the most
     talked about matters in the industry right now are children’s advertising and
     consumer data privacy.




Section 3 public policy agenda	
                                                            16	
  
Partner of CFBAI	
                           “Committed significant effort toward                          Supporter of COPPA	
  
The CFBAI is a voluntary self-               establishing responsible practices in two                    The Children’s Online Privacy
regulatory program comprised of                                                                           Protection Act, which sets
                                             key areas: food and beverage advertising
16 of the industry’s largest                                                                              requirements to website
                                             to children and online advertising                           operators regarding advertising to
companies, which promote
healthy choices to children under
                                             to children.”                                                children under the age of 13.
                                                                                                          (American Association of Advertising
the age of 12.
                                             (American Association of Advertising Agencies, Inc., 2013)   Agencies, Inc., 2013)
(Council of Better Business Bureaus, 2013)




        Section 3 public policy agenda	
                                                                                                    17	
  
CFBAI Children’s advertising
Advertising to children is a controversial topic primarily because children are easily influenced and
therefore the industry is “making kids want what they don’t need.” Advertising to children, under the
age of 13, is a large market with a spending power of approximately $1 trillion.

The 4A’s are involved in policies regarding children’s advertising, especially as it relates to food and
beverage to help battle the childhood obesity epidemic. “According to the American Academy of
Pediatrics (AAP), the average child watches about four hours of television a day and sees more than
20,000 commercials each year, often for high-fat, high-sugar and high-salt snacks and foods.” The
4A’s, along with the rest of the advertising industry, is proactive about keeping children’s advertising
ethical and effective.
                                                                     (Advertising Educational Foundation, 2005)

Children advertising policies	
  
Other than the 1990’s Children’s Television Act,
which limits the amount of advertising that can
be aired during children’s shows, the majority of
the children’s advertising policies in the United
States are self-regulatory or simply restrictions.
However, this does not mean that the 4A’s
haven’t had a large role in children’s advertising
policy making.



Section 3 public policy agenda	
                                                                             18	
  
CFBAI Children’s advertising
The CFBAI, as a part of the Better Business Bureau, is a voluntary
self-regulatory program comprised of 16 of the industry’s largest
companies, which promote healthy choices to children under the
age of 12.
                                (Council of Better Business Bureaus, 2013)




              According to the 2012 Federal Trade Commission report, food
              spending on advertising is down by 19.5%. This shows that the self-
              regulation by the CFBAI is effective. Additionally, the CFBAI
              “committed to stricter nutrition guidelines for children under 12.”

                                                                             (Bachman, 2012)




Section 3 public policy agenda	
                                                               19	
  
CFBAI Children’s advertising
As a part of the CFBAI, the 4A’s spend a lot of time defending the advertising industry from lobbyists
that insist that advertising is a large cause of the obesity epidemic. To counteract this, the 4A’s are
also part of working groups to show children and their families how to live an active and healthy
lifestyle.



Advertising industry position	
  

Parents must take responsibility for their children including what they can and cannot see, their
education and what activities in which they’re involved.


The current controls in broadcast advertising are sufficient in determining which advertisements can
be aired.


Legal injunctions against food advertising would be a violation of the First Amendment.




Section 3 public policy agenda	
                                                                      20	
  
COPPA Children’s advertising
The Children’s Online Privacy Protection Act (COPPA) became a
federal law in 1998. This law explains how advertising online to
children must be done, including the collection of personal
information of children under 13; requiring consent from a parent or
guardian. In 2011, the FTC proposed to update the law to keep up
with the current digital practices.
                                         (Federal Trade Commission, 2013)




Section 3 public policy agenda	
                                            21	
  
COPPA Children’s advertising
In 2011, the 4A’s have submitted comments to
the FTC regarding the proposed update.

If approved, the update would “revise the
definition of ‘personal information’ to include
geo-location data and persistent identifiers,
such as online-tracking cookies” as well as new
ways to receive parental consent.
                                         (Dove, 2011)

Then again in 2012, the 4A’s provided comments
to the FTC arguing that their new provisions would
go beyond the scope of COPPA and would affect
online-behavioral advertising, which is currently
self-regulated. If passed, the new COPPA would
require advertisers to collect additional
information in order to comply.
                       (Digital Advertising Alliance, 2012)




Section 3 public policy agenda	
                              22	
  
As an association of advertising agencies, the 4A’s have a unique role to
         play regarding data privacy. As agencies, they want the best consumer
         data they can get to create the most personalized and effective
         advertisements. Consumer data allows agencies to create effective
         campaigns by reaching the consumer at the right time with the right
         message. This data can also be used to receive consumer feedback.

         There is a lot of confusion surrounding online consumer data as it relates
         to advertising, which causes a lot of consumer skepticism around both the
         collection and the use of their data.




Section 3 public policy agenda	
                                                      23	
  
“Privacy is a complex policy issue with a multitude of consumer
          expectations. These expectations can depend, variously, on age,
            gender, geography, community, social dynamics and Internet
             familiarity—as well as on established law and regulation.”

                                 (American Association of Advertising Agencies, Inc., 2013)




Section 3 public policy agenda	
                                                              24	
  
Founding member of DAA	
                                                                  Do-not-track movement	
  
                             “The 4A’s believes strongly that
                                                                                          The 4A’s have been lobbying
                             legislation is ill-equipped to address                       against the do-not-track (DNT)
                             consumer privacy concerns in such a                          act about consumer browsing
                             fast-developing environment as the                           activity. If this act were to pass, it
                             Internet.”                                                   would be a significant setback to
                                                                                          the advertising industry.
                             (American Association of Advertising Agencies, Inc., 2013)




      Section 3 public policy agenda	
                                                                                    25	
  
DAA Consumer data privacy


4A’s have also become a founding member of                   As a member of the DAA, the 4A’s created
the Digital Advertising Alliance (DAA), in which             ‘Your Ad Choices,’ an education platform,
they ensure consumer privacy protection in                   which displays the logo whenever internet
internet advertising. Other members include the              advertising is in place on a website. This
American Advertising Federation, Association                 logo allows consumers to know that their
of National Advertisers, Better Business Bureau,             data is being used to personalize the web
Direct Marketing Association, Interactive                    for them and, if clicked, will walk the
Advertising Bureau and Network Advertising                   consumer step-by-step through the
Initiative.                                                  process.

(American Association of Advertising Agencies, Inc., 2013)   (Digital Advertising Alliance, 2013)




Section 3 public policy agenda	
                                                                          26	
  
DAA Consumer data privacy

                        1.
                                          3.




                                     2.


Section 3 public policy agenda	
               27	
  
DAA Consumer data privacy
Back in 2009	
  
The FTC had asked for self-regulation of online behavioral based ads.
The 4A’s, as part of the DAA, responded with with practices that would make the
process more transparent to consumers. It includes the following 7 principles.
1.  Education
2.  Transparency
3.  Consumer Control
4.  Data Security
5.  Material Changes
6.  Sensitive Data
7.  Accountability

(American Association of Advertising Agencies, et al., 2009)


Then in 2011	
  
The DAA expanded the scope of it’s self-regulatory program in order to keep the government from
stepping in to control the industry. They expanded the program to cover “all online data collection
and use, not just data collected for the purposes of advertising.” Consumers could now begin
to opt-out of data collection for other purposes.

(Bachman, 2011)




Section 3 public policy agenda	
                                                                      28	
  
DAA Consumer data privacy
And later in 2012	
  
President Obama released his Consumer Privacy Bill of Rights, which offered similar principles as
the DAA’s self-regulation.

(Meece, 2012)


                                                                   Accountability   Transparency
The 4A’s, as part of the DAA, is being incredibly
proactive regarding consumer data privacy to
avoid being controlled by the government.

Consumer data is crucial to advertising and,                Focused                          Respect for
                                                            collection                        context
therefore the industry needs to comply with all
requests to respect consumer privacy. The
industry has worked diligently to prove that
they are not misusing consumer data.
                                                                    Access and
                                                                                      Security
                                                                     Accuracy
Overall, these self-regulations have allowed for
advertising to stay relevant to consumers and
provide great insight to companies and
agencies.
                                                          Consumer Privacy Bill of Rights Principles	
  


Section 3 public policy agenda	
                                                                           29	
  
DNT Consumer data privacy


                      Do-not-track
                      movement	
  
   Another key matter the 4A’s are currently tackling is the “Do-Not-Track” (DNT) acts. These
   acts were brought to the senate in 2003 and just recently in March of 2013. According to
   Dan Mitchell, the act “would allow users to opt in to a browser setting that would tell third
   parties, usually advertisers, not to track their browsing activity” (2013). If this act were to
   pass, it would be a significant setback to the advertising industry. The industry argues
   that they should be allowed to regulate themselves and therefore they have been strongly
   opposing this regulation (Mitchell, 2013). This regulation would negatively affect the
   advertising industry in many ways; including fewer consumer benefits and overall, a less
   valuable Internet experience (American Association of Advertising Agencies, 2012).




Section 3 public policy agenda	
                                                                     30	
  
DNT Consumer data privacy
                                                          "The DAA does not require companies to honor
                                                                  DNT signals fixed by the browser

Do-not-track                                                manufacturers and set by them in browsers.
                                                            Specifically, it is not a DAA Principle or in any
                                                           way a requirement under the DAA Program to


movement	
                                                 honor a DNT signal that is automatically set in
                                                         IE10 or any other browser. The Council of Better
                                                             Business Bureaus and the Direct Marketing
                                                              Association will not sanction or penalize
                                                         companies or otherwise enforce with respect to
                                                            DNT signals set on IE10 or other browsers.”
                                                                                          (Del Rey, 2012)




 Not only has the senate seen a “Do-Not-Track” bill, but companies such as Microsoft has gone as
 far to develop a browser, which automatically sets the do-not-track option to ‘on.’ Fortunately,
 since there are no current regulations surrounding DNT, the 4A’s “are neither expected nor required
 to honor a DNT signal that is automatically set in IE v10 (or any other browser in such a
 fashion” (American Association of Advertising Agencies, 2012). However, if the industry was
 required to honor an automatically set signal, the industry would be prevented “from collecting
 data on up to 43 percent of browsers used by Americans” (Singer, 2012).




Section 3 public policy agenda	
                                                                           31	
  
DNT Consumer data privacy
The 4A’s recognize the balance needed when it comes to consumer data privacy and through the
DAA self-regulatory program explained earlier, they are keeping the consumer in mind. But, they also
keep the consumer in mind when advocating against the DNT movement. If DNT becomes the
standard, the following negative affects would be felt by consumers and companies.



          The quality of the user experience on the Internet would suffer.

            •  Ads will no longer be tailored to your interests.
            •  The free content you enjoy may no longer be free as it cannot be
               supported by the current advertising-supported model.


          The advertising industry would face economic issues.

            •  The lack of consumer data would lower ad effectiveness and it’s
               economic efficiency as margins would drop.




Section 3 public policy agenda	
                                                                  32	
  
Section        1   Identifying the organization
section        2   membership
section        3   Public Policy Agenda
Section        4   Member interest in the policies advocated
Section        5   References


CONTEntS	
                                                 33	
  
While the 4A’s are involved in many different
                                         associations and policies, the two policies they are
                                         most involved with include advertising to children
                                         and consumer data privacy. Interestingly, the 4A’s
                                         and the advertising industry are currently
                                         self-regulating both topics yet the government is
                                         receiving a strong push to regulate both.

                                         Regulation of either policy would drastically change
                                         how the advertising industry operates.




Section 4 member interest in the policies advocated	
                                   34	
  
Rather than lobbying to pass new policies to benefit the advertising
industry, the 4A’s are lobbying to continue to self-regulate.

If children’s advertising became more regulated, the advertising industry would:

   Continue to see a drop in
   revenue, especially if the
   FTC expands regulations             If the updates to COPPA go into effect
  to packaging and peer-to-               as planned on 7/1/13, advertisers
       peer marketing.                       will have only had 10 weeks to
               (Bachman, 2012)                 prepare for the change.




                                  “The new regs could cause some sites                Companies will be
                                       and apps to drastically reduce                 more reluctant to
                                     functionality or interactivity, force            create content for
                                   others behind paywalls or drive some                children (fear of
                                           right out of business.”                  compliance) resulting
                                                            (Bachman, 2013)        in a loss of revenue for
                                                                                   advertisers. (Fisher, 2013)



Section 4 member interest in the policies advocated	
                                                    35	
  
Rather than lobbying to pass new policies to benefit the advertising
industry, the 4A’s are lobbying to continue to self-regulate.
                                                                                               r
                                                                                            owe
                                                                                      ould l ncy.
                                                                                 ta w       ie
                                                                            er da mic effic
                                                                    nsum ono
                                                               of co d it’s ec
                                                          lack     n
                                                      ues: eness a
                                                   iss ctiv
                                               mic     e
                                          econo ad eff
   If consumer                       Face

   data privacy
  became more
                            Have to pay more for consumer data as it would become more expensive to
  regulated, the                     marketers because fewer companies (only first-party data owners)
    advertising                           would have access to this now exclusive data. (Meyer, 2012)
                     Need
industry would…      the c to determ
                          urren
                               t (an ine a new
                                    d suc
                                          cess way to pr
                                              ful) m    o
                                                    odel vide free
                                                         of ad     c
                                                              vertis ontent to
                                                                    ing w      c
                                                                         ould onsumer
                                                                               no lo    s
                                                                                    nger because
                                                                                        be vi
                                                                                             able.




Section 4 member interest in the policies advocated	
                                                36	
  
BUT WAIT!
The 4A’s are not lobbying children’s advertising and consumer
data privacy only for their own benefit. Added regulations to the
industry would negatively affect the consumer as well.



                                Here’s how:

Do-Not-Track and other                                                 Regulations on children’s
regulations on targeted             The online ads consumers           advertising may result in
advertising would require           will see will become less          companies creating less content
consumers to pay for                relevant to their interests        (websites, apps, videos, etc.) for
content as it would no              and therefore, will become         children under the age of 13
longer be supported by              more irritating once again. 	
     because the cost and risk to
an advertising model.                                                  comply will become too high.	
  




Section 4 member interest in the policies advocated	
                                              37	
  
Section        1   Identifying the organization
section        2   membership
section        3   Public Policy Agenda
Section        4   Member interest in the policies advocated
Section        5   References


CONTEntS	
                                                 38	
  
Advertising Educational Foundation. (2005). Advertising to children. Retrieved from http://
     www.aef.com/on_campus/classroom/speaker_pres/data/3005

American Association of Advertising Agencies, Inc. (2013). American association of advertising
     agencies. Retrieved from http://www.aaaa.org/Pages/default.aspx

American Association of Advertising Agencies, Inc. (2013, March 28). Comments regarding the ftc/
     dojpatent assertion entity activities workshop. Retrieved from http://www.ftc.gov/os/comments/
     pae/pae-0035.pdf

American Association of Advertising Agencies, Inc. , Association of National Advertisers, , Council of
     Better Business Bureaus, , Direct Marketing Association, , & Interactive Advertising Bureau, (n.d.).
     Self-regulatory principles for online behavioral advertising. (2009). Retrieved from http://
     www.bbb.org/us/Storage/0/Shared Documents/online-ad-principles.pdf

Bachman, K. (2011, November 07). Advertisers move to stop digital privacy regulations: Daa
    expanding self-regulatory program. Retrieved from http://www.adweek.com/news/
    technology/advertisers-move-stop-digital-privacy-regulations-136405

Bachman, K. (2012, December 21). Ftc reports food marketing to children down 19.5%: Commission
     urges holdout companies and media to self-regulate. Retrieved from http://www.adweek.com/
    news/advertising-branding/ftc-reports-food-marketing-children-down-195-146169

Bachman, K. (2013, April 14). Loads of companies are violating children's privacy: Requesting more
    time to comply. Retrieved from http://www.adweek.com/news/advertising-branding/loads-
    companies-are-violating-childrens-privacy-148574



Section 5 references	
                                                                                39	
  
Council of Better Business Bureaus. (2013). Children's food and beverage advertising initiative.
     Retrieved from http://www.bbb.org/us/childrens-food-and-beverage-advertising-initiative/

Del Rey, J. (2012, October 09). Online ad industry: go ahead and ignore microsoft's 'do not track'
      browser. Retrieved from http://adage.com/article/digital/online-ad-industry-ahead-ignore-
      microsoft-s-track-browser/237659/

Digital Advertising Alliance. (2012, September 24). Coppa rule review, 16 cfr part 312, project no.
      p104503. Retrieved from http://www.aaaa.org/news/agency/PublishingImages/Venable_DAA-
      COPPA-Comments_Sept-2012.pdf

Digital Advertising Alliance. (2013). Your ad choices: How internet based advertising finds you.
      Retrieved from http://www.youradchoices.com

Dove, L. (2011, September 16). Federal trade commission revisits children's privacy . Retrieved from
      http://www.aaaa.org/advocacy/gov/news/Pages/091611_ftc_privacy.aspx

Federal Trade Commission. (2013). Children's online privacy protection act of 1998 . Retrieved from
     http://www.ftc.gov/ogc/coppa1.htm

Fisher, T. (2013, March 7). Changes to the children's online privacy protection act explained.
      Retrieved from http://socialmediatoday.com/rachel-boothroyd/1284861/children-s-online-privacy-
      protection-act-coppa-changes-explained




Section 5 references	
                                                                               40	
  
Meece, M. (2012, February 23). President obama's consumer privacy bill of rights. Retrieved from
    http://www.forbes.com/sites/mickeymeece/2012/02/23/president-obamas-consumer-
    privacy-bill-of-rights/

Meyers, S. (2012, October 17). The real impact of do not track: It will consolidate dominance of
     microsoft, yahoo, facebook, google, amazon, and ebay . Retrieved from http://adage.com/
     article/digitalnext/real-impact-track/237808/

Mitchell, D. (2013, March 4). Why do not track faces an uphill road. Retrieved from http://
     tech.fortune.cnn.com/2013/03/04/why-do-not-track-faces-an-uphill-road/

Singer, N. (2012, October 13). Do not track? advertisers say, "don't tread on us.". Retrieved from
     http://www.nytimes.com/2012/10/14/technology/do-not-track-movement-is-drawing-
     advertisers-fire.html?emc=eta1&_r=1&




Section 5 references	
                                                                               41	
  
While creating this presentation in April 2013, the 4A’s and the government
         were in the midst of updates to both COPPA and the Do-Not-Track Act.

         Here’s how to follow up on the policies and the 4A’s progress.


         4A’s Children’s Advertising:
         http://www.aaaa.org/advocacy/gov/Pages/ChildrensAdvertising.aspx

         FTC COPPA:
         http://www.business.ftc.gov/privacy-and-security/children’s-privacy

         4A’s Consumer Data Privacy:
         http://www.aaaa.org/advocacy/gov/Pages/ConsumerDataPrivacy.aspx

         FTC Do-Not-Track:
         http://www.ftc.gov/opa/reporter/privacy/donottrack.shtml




Section 5 references	
                                                                 42	
  

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American Association of Advertising Agencies - 4A's - IST 618 Final Project

  • 1. American Association of Advertising Agencies, Inc. (4A’s) IST 618 Final Project / Laurie Tewksbury / April 2013 1  
  • 2. Section 1 Identifying the organization section 2 membership section 3 Public Policy Agenda Section 4 Member interest in the policies advocated Section 5 References CONTEntS   2  
  • 3. Section 1 Identifying the organization section 2 membership section 3 Public Policy Agenda Section 4 Member interest in the policies advocated Section 5 References CONTEntS   3  
  • 4. Organization info: o  Founded in 1917 as a national trade association o  Represents advertising agencies in the United States o  750 members, which account for 80% of the total national advertising volume o  Members are both large, multinational agencies and small agencies billing less than $10 million per year o  http://www.aaaa.org (American Association of Advertising Agencies, Inc., 2013) Section 1 Identifying the organization   4  
  • 5. MISSION: “To improve and strengthen the advertising agency business in the United States by counseling members on operations and management, by providing the collective experience of the many to each, by fostering professional development, by encouraging the highest creative and business standards, and by attracting excellent people to the business.” “To work with Federal, state, and local governments to help achieve desirable social and civic goals, to influence public policy, to resist unwise or unfair legislation and regulation, and to be the principal source of information and advice about advertising.” Additionally, the 4A’s mission includes advocating advertising, representing agency point of views to advertisers and media, facilitating pro bono advertising work, and counseling and professional development to member agencies. (American Association of Advertising Agencies, Inc., 2013) Section 1 Identifying the organization   5  
  • 6. o  750 members, which account for 80% of the total national advertising volume   Section 1 Identifying the organization   6  
  • 7. Section 1 Identifying the organization   7  
  • 8. SHORT-TERM GOALS LONG-TERM GOALS “Promote friendly relations among all advertising Foster social responsibilities of advertising and agencies and marketing communication marketing organizations” “Maintain friendly relations with associations “Fostering and stimulating scientific research and representing advertisers, media, suppliers, and innovation” to continually improve advertising consumers” “Maintain and safeguard honesty, fairness and good taste” Work with the government and consumers on matters, which affect advertising (American Association of Advertising Agencies, Inc., 2013) Section 1 Identifying the organization   8  
  • 9. Section 1 Identifying the organization section 2 membership section 3 Public Policy Agenda Section 4 Member interest in the policies advocated Section 5 References CONTEntS   9  
  • 10. “The average 4A’s agency has been a member for more than 20 years, and a dozen agencies can trace their memberships back to the group of 111 agencies that founded the 4A’s in 1917” (American Association of Advertising Agencies, Inc., 2013). Can be privately held or publicly traded. And it’s members employ In addition, colleges and approximately 65,000 people across universities with advertising the United States. studies can also seek 750 membership to provide for members with its faculty and students. The membership fee for colleges 1250 branch and universities are $3,000 offices. per year. Section 2 Membership   10  
  • 11. Benefits of membership: o  Consulting and advisory services on a variety of management-related topics o  Training and professional development programs o  Government relations team in Washington, giving agencies a voice with government, lobbying groups and other trade associations o  Research services, including access to specialists and numerous databases o  Insurance and employee benefits (American Association of Advertising Agencies, Inc., 2013) Section 2 Membership   11  
  • 12. How to join: Agencies of all sizes can join the association and agency size does not play a role in membership. They do, however, require that organizations are: 1.  An advertising agency or other organization that creates and/or places advertising or marketing communications, which a minimum of 50% of the gross income must result from payment for services; 2.  Adequately equipped to service its business; 3.  Its principal owners have been in business for at least two years; 4.  Have offices in the United States; 5.  Be in operating control of the agency and must disclose all facts related to ownership, control, and bias; 6.  Maintain service standards and operate at a high level of professionalism and ethical standards; 7.  Advertising ability; and lastly, 8.  Financial responsibility and stability. American Association of Advertising Agencies, Inc., 2013 Section 2 Membership   12  
  • 13. As a member, you must uphold a strong and ethical standard of practice. The following standards of practice have been revised in 2011 and are required of all members. Some of the standards include staying competitive yet ethical, should compete on merit, place a high priority on recruiting and retaining top, diverse talent, and following a creative code of which was developed with the public interest in mind. (American Association of Advertising Agencies, Inc., 2013) Section 2 Membership   13  
  • 14. 4A’s Creative Code The creative code requires of members to “not knowingly create advertising that contains: False or misleading statements or exaggerations, visual or verbal Testimonials that do not reflect the real opinion of the individual(s) involved Price claims that are misleading Claims insufficiently supported or that distort the true meaning or practicable application of statements made by professional or scientific authority Statements, suggestions, or pictures offensive to public decency or minority segments of the population (American Association of Advertising Agencies, Inc., 2013) Section 2 Membership   14  
  • 15. Section 1 Identifying the organization section 2 membership section 3 Public Policy Agenda Section 4 Member interest in the policies advocated Section 5 References CONTEntS   15  
  • 16. 4A’s Lobbying the government The 4A’s spends a portion of their time and energy on lobbying the government on matters that affect the advertising and marketing communications industry. Some of the matters in which they are currently lobbying include advertising deductibility, anti-piracy and counterfeiting, children’s advertising, consumer data privacy, and patent trolling (American Association for Advertising Agencies, Inc., 2013). With a continually changing and innovative industry, perhaps two of the most talked about matters in the industry right now are children’s advertising and consumer data privacy. Section 3 public policy agenda   16  
  • 17. Partner of CFBAI   “Committed significant effort toward Supporter of COPPA   The CFBAI is a voluntary self- establishing responsible practices in two The Children’s Online Privacy regulatory program comprised of Protection Act, which sets key areas: food and beverage advertising 16 of the industry’s largest requirements to website to children and online advertising operators regarding advertising to companies, which promote healthy choices to children under to children.” children under the age of 13. (American Association of Advertising the age of 12. (American Association of Advertising Agencies, Inc., 2013) Agencies, Inc., 2013) (Council of Better Business Bureaus, 2013) Section 3 public policy agenda   17  
  • 18. CFBAI Children’s advertising Advertising to children is a controversial topic primarily because children are easily influenced and therefore the industry is “making kids want what they don’t need.” Advertising to children, under the age of 13, is a large market with a spending power of approximately $1 trillion. The 4A’s are involved in policies regarding children’s advertising, especially as it relates to food and beverage to help battle the childhood obesity epidemic. “According to the American Academy of Pediatrics (AAP), the average child watches about four hours of television a day and sees more than 20,000 commercials each year, often for high-fat, high-sugar and high-salt snacks and foods.” The 4A’s, along with the rest of the advertising industry, is proactive about keeping children’s advertising ethical and effective. (Advertising Educational Foundation, 2005) Children advertising policies   Other than the 1990’s Children’s Television Act, which limits the amount of advertising that can be aired during children’s shows, the majority of the children’s advertising policies in the United States are self-regulatory or simply restrictions. However, this does not mean that the 4A’s haven’t had a large role in children’s advertising policy making. Section 3 public policy agenda   18  
  • 19. CFBAI Children’s advertising The CFBAI, as a part of the Better Business Bureau, is a voluntary self-regulatory program comprised of 16 of the industry’s largest companies, which promote healthy choices to children under the age of 12. (Council of Better Business Bureaus, 2013) According to the 2012 Federal Trade Commission report, food spending on advertising is down by 19.5%. This shows that the self- regulation by the CFBAI is effective. Additionally, the CFBAI “committed to stricter nutrition guidelines for children under 12.” (Bachman, 2012) Section 3 public policy agenda   19  
  • 20. CFBAI Children’s advertising As a part of the CFBAI, the 4A’s spend a lot of time defending the advertising industry from lobbyists that insist that advertising is a large cause of the obesity epidemic. To counteract this, the 4A’s are also part of working groups to show children and their families how to live an active and healthy lifestyle. Advertising industry position   Parents must take responsibility for their children including what they can and cannot see, their education and what activities in which they’re involved. The current controls in broadcast advertising are sufficient in determining which advertisements can be aired. Legal injunctions against food advertising would be a violation of the First Amendment. Section 3 public policy agenda   20  
  • 21. COPPA Children’s advertising The Children’s Online Privacy Protection Act (COPPA) became a federal law in 1998. This law explains how advertising online to children must be done, including the collection of personal information of children under 13; requiring consent from a parent or guardian. In 2011, the FTC proposed to update the law to keep up with the current digital practices. (Federal Trade Commission, 2013) Section 3 public policy agenda   21  
  • 22. COPPA Children’s advertising In 2011, the 4A’s have submitted comments to the FTC regarding the proposed update. If approved, the update would “revise the definition of ‘personal information’ to include geo-location data and persistent identifiers, such as online-tracking cookies” as well as new ways to receive parental consent. (Dove, 2011) Then again in 2012, the 4A’s provided comments to the FTC arguing that their new provisions would go beyond the scope of COPPA and would affect online-behavioral advertising, which is currently self-regulated. If passed, the new COPPA would require advertisers to collect additional information in order to comply. (Digital Advertising Alliance, 2012) Section 3 public policy agenda   22  
  • 23. As an association of advertising agencies, the 4A’s have a unique role to play regarding data privacy. As agencies, they want the best consumer data they can get to create the most personalized and effective advertisements. Consumer data allows agencies to create effective campaigns by reaching the consumer at the right time with the right message. This data can also be used to receive consumer feedback. There is a lot of confusion surrounding online consumer data as it relates to advertising, which causes a lot of consumer skepticism around both the collection and the use of their data. Section 3 public policy agenda   23  
  • 24. “Privacy is a complex policy issue with a multitude of consumer expectations. These expectations can depend, variously, on age, gender, geography, community, social dynamics and Internet familiarity—as well as on established law and regulation.” (American Association of Advertising Agencies, Inc., 2013) Section 3 public policy agenda   24  
  • 25. Founding member of DAA   Do-not-track movement   “The 4A’s believes strongly that The 4A’s have been lobbying legislation is ill-equipped to address against the do-not-track (DNT) consumer privacy concerns in such a act about consumer browsing fast-developing environment as the activity. If this act were to pass, it Internet.” would be a significant setback to the advertising industry. (American Association of Advertising Agencies, Inc., 2013) Section 3 public policy agenda   25  
  • 26. DAA Consumer data privacy 4A’s have also become a founding member of As a member of the DAA, the 4A’s created the Digital Advertising Alliance (DAA), in which ‘Your Ad Choices,’ an education platform, they ensure consumer privacy protection in which displays the logo whenever internet internet advertising. Other members include the advertising is in place on a website. This American Advertising Federation, Association logo allows consumers to know that their of National Advertisers, Better Business Bureau, data is being used to personalize the web Direct Marketing Association, Interactive for them and, if clicked, will walk the Advertising Bureau and Network Advertising consumer step-by-step through the Initiative. process. (American Association of Advertising Agencies, Inc., 2013) (Digital Advertising Alliance, 2013) Section 3 public policy agenda   26  
  • 27. DAA Consumer data privacy 1. 3. 2. Section 3 public policy agenda   27  
  • 28. DAA Consumer data privacy Back in 2009   The FTC had asked for self-regulation of online behavioral based ads. The 4A’s, as part of the DAA, responded with with practices that would make the process more transparent to consumers. It includes the following 7 principles. 1.  Education 2.  Transparency 3.  Consumer Control 4.  Data Security 5.  Material Changes 6.  Sensitive Data 7.  Accountability (American Association of Advertising Agencies, et al., 2009) Then in 2011   The DAA expanded the scope of it’s self-regulatory program in order to keep the government from stepping in to control the industry. They expanded the program to cover “all online data collection and use, not just data collected for the purposes of advertising.” Consumers could now begin to opt-out of data collection for other purposes. (Bachman, 2011) Section 3 public policy agenda   28  
  • 29. DAA Consumer data privacy And later in 2012   President Obama released his Consumer Privacy Bill of Rights, which offered similar principles as the DAA’s self-regulation. (Meece, 2012) Accountability Transparency The 4A’s, as part of the DAA, is being incredibly proactive regarding consumer data privacy to avoid being controlled by the government. Consumer data is crucial to advertising and, Focused Respect for collection context therefore the industry needs to comply with all requests to respect consumer privacy. The industry has worked diligently to prove that they are not misusing consumer data. Access and Security Accuracy Overall, these self-regulations have allowed for advertising to stay relevant to consumers and provide great insight to companies and agencies. Consumer Privacy Bill of Rights Principles   Section 3 public policy agenda   29  
  • 30. DNT Consumer data privacy Do-not-track movement   Another key matter the 4A’s are currently tackling is the “Do-Not-Track” (DNT) acts. These acts were brought to the senate in 2003 and just recently in March of 2013. According to Dan Mitchell, the act “would allow users to opt in to a browser setting that would tell third parties, usually advertisers, not to track their browsing activity” (2013). If this act were to pass, it would be a significant setback to the advertising industry. The industry argues that they should be allowed to regulate themselves and therefore they have been strongly opposing this regulation (Mitchell, 2013). This regulation would negatively affect the advertising industry in many ways; including fewer consumer benefits and overall, a less valuable Internet experience (American Association of Advertising Agencies, 2012). Section 3 public policy agenda   30  
  • 31. DNT Consumer data privacy "The DAA does not require companies to honor DNT signals fixed by the browser Do-not-track manufacturers and set by them in browsers. Specifically, it is not a DAA Principle or in any way a requirement under the DAA Program to movement   honor a DNT signal that is automatically set in IE10 or any other browser. The Council of Better Business Bureaus and the Direct Marketing Association will not sanction or penalize companies or otherwise enforce with respect to DNT signals set on IE10 or other browsers.” (Del Rey, 2012) Not only has the senate seen a “Do-Not-Track” bill, but companies such as Microsoft has gone as far to develop a browser, which automatically sets the do-not-track option to ‘on.’ Fortunately, since there are no current regulations surrounding DNT, the 4A’s “are neither expected nor required to honor a DNT signal that is automatically set in IE v10 (or any other browser in such a fashion” (American Association of Advertising Agencies, 2012). However, if the industry was required to honor an automatically set signal, the industry would be prevented “from collecting data on up to 43 percent of browsers used by Americans” (Singer, 2012). Section 3 public policy agenda   31  
  • 32. DNT Consumer data privacy The 4A’s recognize the balance needed when it comes to consumer data privacy and through the DAA self-regulatory program explained earlier, they are keeping the consumer in mind. But, they also keep the consumer in mind when advocating against the DNT movement. If DNT becomes the standard, the following negative affects would be felt by consumers and companies. The quality of the user experience on the Internet would suffer. •  Ads will no longer be tailored to your interests. •  The free content you enjoy may no longer be free as it cannot be supported by the current advertising-supported model. The advertising industry would face economic issues. •  The lack of consumer data would lower ad effectiveness and it’s economic efficiency as margins would drop. Section 3 public policy agenda   32  
  • 33. Section 1 Identifying the organization section 2 membership section 3 Public Policy Agenda Section 4 Member interest in the policies advocated Section 5 References CONTEntS   33  
  • 34. While the 4A’s are involved in many different associations and policies, the two policies they are most involved with include advertising to children and consumer data privacy. Interestingly, the 4A’s and the advertising industry are currently self-regulating both topics yet the government is receiving a strong push to regulate both. Regulation of either policy would drastically change how the advertising industry operates. Section 4 member interest in the policies advocated   34  
  • 35. Rather than lobbying to pass new policies to benefit the advertising industry, the 4A’s are lobbying to continue to self-regulate. If children’s advertising became more regulated, the advertising industry would: Continue to see a drop in revenue, especially if the FTC expands regulations If the updates to COPPA go into effect to packaging and peer-to- as planned on 7/1/13, advertisers peer marketing. will have only had 10 weeks to (Bachman, 2012) prepare for the change. “The new regs could cause some sites Companies will be and apps to drastically reduce more reluctant to functionality or interactivity, force create content for others behind paywalls or drive some children (fear of right out of business.” compliance) resulting (Bachman, 2013) in a loss of revenue for advertisers. (Fisher, 2013) Section 4 member interest in the policies advocated   35  
  • 36. Rather than lobbying to pass new policies to benefit the advertising industry, the 4A’s are lobbying to continue to self-regulate. r owe ould l ncy. ta w ie er da mic effic nsum ono of co d it’s ec lack n ues: eness a iss ctiv mic e econo ad eff If consumer Face data privacy became more Have to pay more for consumer data as it would become more expensive to regulated, the marketers because fewer companies (only first-party data owners) advertising would have access to this now exclusive data. (Meyer, 2012) Need industry would… the c to determ urren t (an ine a new d suc cess way to pr ful) m o odel vide free of ad c vertis ontent to ing w c ould onsumer no lo s nger because be vi able. Section 4 member interest in the policies advocated   36  
  • 37. BUT WAIT! The 4A’s are not lobbying children’s advertising and consumer data privacy only for their own benefit. Added regulations to the industry would negatively affect the consumer as well. Here’s how: Do-Not-Track and other Regulations on children’s regulations on targeted The online ads consumers advertising may result in advertising would require will see will become less companies creating less content consumers to pay for relevant to their interests (websites, apps, videos, etc.) for content as it would no and therefore, will become children under the age of 13 longer be supported by more irritating once again.   because the cost and risk to an advertising model. comply will become too high.   Section 4 member interest in the policies advocated   37  
  • 38. Section 1 Identifying the organization section 2 membership section 3 Public Policy Agenda Section 4 Member interest in the policies advocated Section 5 References CONTEntS   38  
  • 39. Advertising Educational Foundation. (2005). Advertising to children. Retrieved from http:// www.aef.com/on_campus/classroom/speaker_pres/data/3005 American Association of Advertising Agencies, Inc. (2013). American association of advertising agencies. Retrieved from http://www.aaaa.org/Pages/default.aspx American Association of Advertising Agencies, Inc. (2013, March 28). Comments regarding the ftc/ dojpatent assertion entity activities workshop. Retrieved from http://www.ftc.gov/os/comments/ pae/pae-0035.pdf American Association of Advertising Agencies, Inc. , Association of National Advertisers, , Council of Better Business Bureaus, , Direct Marketing Association, , & Interactive Advertising Bureau, (n.d.). Self-regulatory principles for online behavioral advertising. (2009). Retrieved from http:// www.bbb.org/us/Storage/0/Shared Documents/online-ad-principles.pdf Bachman, K. (2011, November 07). Advertisers move to stop digital privacy regulations: Daa expanding self-regulatory program. Retrieved from http://www.adweek.com/news/ technology/advertisers-move-stop-digital-privacy-regulations-136405 Bachman, K. (2012, December 21). Ftc reports food marketing to children down 19.5%: Commission urges holdout companies and media to self-regulate. Retrieved from http://www.adweek.com/ news/advertising-branding/ftc-reports-food-marketing-children-down-195-146169 Bachman, K. (2013, April 14). Loads of companies are violating children's privacy: Requesting more time to comply. Retrieved from http://www.adweek.com/news/advertising-branding/loads- companies-are-violating-childrens-privacy-148574 Section 5 references   39  
  • 40. Council of Better Business Bureaus. (2013). Children's food and beverage advertising initiative. Retrieved from http://www.bbb.org/us/childrens-food-and-beverage-advertising-initiative/ Del Rey, J. (2012, October 09). Online ad industry: go ahead and ignore microsoft's 'do not track' browser. Retrieved from http://adage.com/article/digital/online-ad-industry-ahead-ignore- microsoft-s-track-browser/237659/ Digital Advertising Alliance. (2012, September 24). Coppa rule review, 16 cfr part 312, project no. p104503. Retrieved from http://www.aaaa.org/news/agency/PublishingImages/Venable_DAA- COPPA-Comments_Sept-2012.pdf Digital Advertising Alliance. (2013). Your ad choices: How internet based advertising finds you. Retrieved from http://www.youradchoices.com Dove, L. (2011, September 16). Federal trade commission revisits children's privacy . Retrieved from http://www.aaaa.org/advocacy/gov/news/Pages/091611_ftc_privacy.aspx Federal Trade Commission. (2013). Children's online privacy protection act of 1998 . Retrieved from http://www.ftc.gov/ogc/coppa1.htm Fisher, T. (2013, March 7). Changes to the children's online privacy protection act explained. Retrieved from http://socialmediatoday.com/rachel-boothroyd/1284861/children-s-online-privacy- protection-act-coppa-changes-explained Section 5 references   40  
  • 41. Meece, M. (2012, February 23). President obama's consumer privacy bill of rights. Retrieved from http://www.forbes.com/sites/mickeymeece/2012/02/23/president-obamas-consumer- privacy-bill-of-rights/ Meyers, S. (2012, October 17). The real impact of do not track: It will consolidate dominance of microsoft, yahoo, facebook, google, amazon, and ebay . Retrieved from http://adage.com/ article/digitalnext/real-impact-track/237808/ Mitchell, D. (2013, March 4). Why do not track faces an uphill road. Retrieved from http:// tech.fortune.cnn.com/2013/03/04/why-do-not-track-faces-an-uphill-road/ Singer, N. (2012, October 13). Do not track? advertisers say, "don't tread on us.". Retrieved from http://www.nytimes.com/2012/10/14/technology/do-not-track-movement-is-drawing- advertisers-fire.html?emc=eta1&_r=1& Section 5 references   41  
  • 42. While creating this presentation in April 2013, the 4A’s and the government were in the midst of updates to both COPPA and the Do-Not-Track Act. Here’s how to follow up on the policies and the 4A’s progress. 4A’s Children’s Advertising: http://www.aaaa.org/advocacy/gov/Pages/ChildrensAdvertising.aspx FTC COPPA: http://www.business.ftc.gov/privacy-and-security/children’s-privacy 4A’s Consumer Data Privacy: http://www.aaaa.org/advocacy/gov/Pages/ConsumerDataPrivacy.aspx FTC Do-Not-Track: http://www.ftc.gov/opa/reporter/privacy/donottrack.shtml Section 5 references   42