Mobile Marketing & Law
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Transcript of Mobile Marketing & Law
Mobile Marketingthe new frontier for digital media law
Adriana Gil Miner - March 2008 - COM 558 Law & Digital Media - University of Washington
82% of U.S. population subscribe to a wireless service
source: CTIA The Wireless association
don’t leave home without it...our phones are with us 75% of the time*
*Source: (October, 2007) Visa Online survey mobile payments
rich medium withmany opportunities to market
interacting with your phone
text search video applications transactions
voting: American Idol
localized info: events, restaurants, etc
bite-size content: youtube
games payments: visa mobile
activism: HIV911, get-the-vote-out
industry seeks to combine proactive search with GPS data
younger audiences open to full-length content(ipod generation)
discrete-task applications
xfers:paypal mobile
service alerts: banking, flights
two silos: walled gardens and mobile web
advertising supported model
open platforms will generate many apps
billing:cell phone = credit card
07: 28.8B texts,370% YOY growth
multimedia information: history of a place (mobile guides)
small but raising user population, iPhone impact
convergence of computer + phone
low adoptionhigh adoption
From $700M to $2.2Bby 2012 mobile advertising will account for 1% of media spend
Source: (January, 2008) Jupiter Research, US Mobile Marketing Forecast 2007 to 2012, p. 3
complex ecosystemP>oyotaCokeDisney
CNNFoxESPN Weather channel
Third ScreenAd Infuse
AdmobMedio AT&T
VerizonT-MobileSprint
MotorolaSamsungNokiaApple
GoogleMicrosoftopen source: UGC
(2007) Jupiter Research, Mobile Ad Networks, Mobile Marketing Association (MMA), Industry Overview. Image from iLoop Mobile.
learning from the past• the internet became a billion dollar
business in 4 years
• selling/buying of customer databases
• bad business models trials
• state vs federal regulations
• data collection: no personally identifiable data
• data sharing standards: protect it!
• consumer attitudes evolve
key legal issues
privacy
spam
security
access
location data, unique identifiers, minor protection
unsolicited messages are costly for consumers
stolen phones, exchange, data sharing among players
rural vs metropolitan areas, taxation, airwaves
regulating mobile spam• Concerns the ability to limit/
eliminate the unwanted commercial messages
• Governed by CAN-SPAM
• Section 14 requires FTC and FCC to promulgate mobile anti-spam regulations
• August 2004 Report & Order from FCC
mobile CAN-SPAM • TCPA prohibits automated calls to
mobile devices, text messages included (2003 Report & Order)
• express authorization to send commercial messages
• clear identification of service
• provide an opt-out mechanism that is the same as the opt-in
• the message is considered ‘service’ based on a relaitonship
mobile spam challenges• identifying commercial messages
• lack of filtering/control capabilities for messages
• difficulty identifying ‘domain names’ that are associated with wireless devices
• opt-in and opt out mechanisms
• space limitations for disclosures, privacy policies and T&Cs
What’s next?• FTC Town-hall meeting May 6-7
• increased pressure to develop mobile messaging controls
• small screen disclosures
• mobile commerce security
• teen & children protection
• industry leaders fear a ‘do-not-text list’
thank you.