Kochava isn’t the one advert tech firm with a location knowledge enterprise. And it arguably has (nicely, had) a decrease profile than SafeGraph, for instance, which has been excoriated within the press for promoting data tied to abortion clinic visits.
After the FTC filed its go well with, Jessica Lee, a companion on the regulation agency Loeb & Loeb and chair of its privateness, safety and knowledge improvements follow, made the purpose on Twitter that the FTC’s criticism towards Kochava learn like “an indictment of the enterprise mannequin greater than an indictment concerning the particular practices of 1 enterprise.”
As in, an indictment of advert tech.
Earlier this week, AdExchanger requested FTC Commissioner Alvaro Bedoya throughout his keynote on the NAD’s convention on promoting regulation in Washington, DC, why the fee determined to deal with Kochava fairly than some other advert tech firm with a location knowledge enterprise.
And, based on Bedoya, Kochava was singled out for a purpose.
“I believe you’re proper, that different firms have interaction in the identical practices, however not all of them have interaction within the practices described in that criticism,” Bedoya stated. “That is likely one of the causes … I used to be wanting to help our motion towards that firm.”
The FTC’s reasoning
One of many important assertions in the FTC’s criticism is that the information Kochava lists in its knowledge market, referred to as the Kochava Collective, isn’t anonymized – and uncooked knowledge isn’t good in your well being.
The FTC contends that Kochava didn’t adequately shield its knowledge from public publicity and that, till not less than June 2022, the corporate allowed anybody with an AWS account to simply acquire a free knowledge pattern and entry to extra knowledge containing data tied to tens of tens of millions of cellular advert IDs.
This knowledge might then be mixed with different knowledge (like somebody’s dwelling tackle from public data or an inference primarily based on the truth that a particular cell phone spends each night time in the identical bodily place) to determine people and observe their visits to delicate areas, together with dependancy restoration services, reproductive well being clinics and locations of worship.
What the criticism doesn’t say is whether or not this was truly occurring – however the potential for hurt was sufficient for the FTC to take motion.
And there’s precedent for the FTC taking a stand towards the use or potential use of delicate knowledge in a means that buyers wouldn’t fairly count on.
That is in line with different FTC circumstances like Sears and Vizio the place the FTC has stated that *delicate* knowledge carries heightened protections — secondary processing unrelated to the transaction and never on the course of the patron could also be per se unlawful. https://t.co/HfZMA4Dk9V pic.twitter.com/tf1z0W3qPL
— Justin Brookman (@JustinBrookman) August 29, 2022
Setting an instance
And talking of precedent, that’s one more reason why Bedoya voted in favor of submitting the criticism towards Kochava. (The tip vote was 4-1 in favor, with outgoing FTC Commissioner Noah Phillips as the one dissenting opinion.)
Though FTC Chair Lina Khan units the fee’s total technique, Bedoya stated that he’s “notably occupied with” circumstances like Kochava “the place precedents might be established that would inform trade as a complete.”
Bedoya couldn’t say rather more, as a result of the Kochava case is actively in litigation, however he did say that when circumstances with the potential to create precedent land on his desk, “these are those I spend probably the most time on, probably the most time finding out and probably the most time speaking to [FTC] workers about.”