Parsing the demographic: the challenge of balancing online behavioral advertising and consumer privacy considerations

Online behavioral advertising is the new front-runner. In this age of constant information exchange via social media by an ever-growing number of users, the debate over increased privacy concerns strikes many as hollow and contradictory. Indeed, that dichotomy -- how to protect consumer privacy interests in the digital marketplace -- lies at the heart of the current enforcement priorities of the Federal Trade Commission (FTC). The FTC's primary source of authority is Section 5 of the Federal Trade Commission Act, which gives the FTC the authority to take action against deceptive or unfair acts or practices. If FTC regulatory pressure is an insufficient incentive for businesses to take a deeper look at their online behavioral advertising data collection and use practices, then litigation costs and exposure might be the final nudge to cause those businesses to address their privacy policies.