Web Popup Ads
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The advent of the Internet and World Wide Web create dilemmas for lawmakers and ethicists as they attempt to apply traditional laws and ethics to new technologies. With respect to electronic advertising, the Federal Trade Commission’s (FTC) “prohibition on unfair or deceptive acts or practices broadly covers advertising claims, marketing and promotional activities, and sales practices in general” (Dot Com 3). The Act is not limited by medium. Traditional copyright and trademark law are also being applied to electronic media, including a recent federal district court case pertaining to the subject herein, Pop-Up Advertising.Pop-Up Ads are “small windows that suddenly appear while surfing the Web” (Isenberg 1). A response to the lackluster performance of traditional banner advertising, pop-up ads are viewed by advertisers as an effective alternative that consumers cannot ignore. Many pop-up ads promise free services or software that consumers allegedly need. Once consumers download the software they are often automatically tracked by the company, which is actually a subscription-based service. Such services sell advertising and track consumers on the Internet, delivering pop-ups ads based on consumer profiles. Many argue such ads are illegal because they confuse consumers who believe the Web site they visit is sponsoring the pop-up ad. Others argue that pop-up ads are illegal because they rob Web s
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four fair information practices: notice, choice, access and security (Rules 4). The report noted that only 20 percent of the Web sites chosen at random for the report implemented all four practices (Rules 4). This report came on the heels of an earlier report issued by the FTC known as Online Privacy: A Report to Congress. In that report the FTC noted that only 14 percent of the randomly chosen Web sites used for the report provided “any notice to consumers of the personal information they collect or how they use it” (Rules 4). With respect to pop-up ads that promise software that enhances user experience, few if any provide notice to consumers about the use of personal information they collect and none could be found that implement all four fair information practices. This seems in violation of FTC guidelines that prohibit unfair acts with respect to advertising.
With respect to disclosures, such pop-up ads may also be in violation of the clear and conspicuous requirement. The underlying philosophy of this requirement is the overall impression of the ad. In other words, is the impression the consumer takes from an ad truthful and substantiated? In the case of pop-up ads like the ones sold by Gator Corp., consumers think
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Some common words found in the essay are:
Gator Corporation, FTC Act, Li Lee, Gator Corp, Web Isenberg, West Headnotes, Social Communications, Ads Despite, Plaintiffs Isenberg, Report Congress, pop-up ads, web sites, personal information, ads promise, free software, pop-up ads promise, gator corp, pop-up ad, user experience, gator corporation, federal trade, ads promise free, prohibition unfair deceptive, unfair deceptive acts, deceptive acts practices,
Approximate Word count = 3315
Approximate Pages = 13 (250 words per page)
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