fix liability and ad libraries: anti-fraud policy ideas from Canada
From the Canadian Anti-Monopoly Project (CAMP): World of Scams: The Fraud Problem at the Heart of Online Advertising. The body of the report is an excellent summary of the fraud crisis. For those who read Mark Ritson’s Martin Lewis shouldn’t be alone in calling out Meta’s lucrative scam ads and want to catch up and see how bad it is, this is a good place to start. Consumers are the direct victims of the shift to a low-trust economy driven by Big Tech, but legit businesses suffer, too. The CAMP report explains:
Scams also represent an unnecessary tax on advertisers that depend on these platforms to reach their customers. Ad fraud, where fake users and websites extract money from real firms, cheats businesses, distorts markets, drives down revenues for legitimate publishers, and can be used to fund fraudulent activity. Because online advertising monopolies often represent both sides of the market, they can control the flow of information to both buyers and sellers of advertising. As a result, advertisers are given opaque information on audience quality and forced to compete with fraudsters who flood the market and hijack brand identities.
No wonder that at one recent conference, the top advice for students interested in marketing was to “pursue an electrician career” insteadI wish I had better news on the whole quit marketing and become an electrician thing. So what to do about it? CAMP has some doable policy recommendations, including:
Make the liability situation clear. Fortunately, in the USA, we have state wiretapping laws such as CIPA that give scam victims a sound legal footing to go after Big Tech and their enablers. For Canada, CAMP points out Singapore’s Shared Responsibility Framework and Australia’s Scams Prevention Framework as possible examples.
Change ad libraries to make scam ads harder to hide. As the Social Media Lab at Toronto Metropolitan University points out, Meta’s Ad Library enables scam advertisers to switch out ad creative and make campaigns disappear. CAMP suggests an archival requirement, but a bunch of other fixes are needed, too. (More: some ways that Facebook ads are optimized for deceptive advertising Google also has a bunch of sneaky features in their “Ads Transparency Center” that need fixing.)
The catch with most of this stuff is that scams and privacy harms perpetrated against users are generally downstream of some kind of scheme to cheat advertisers. If Canada (and US state legislators) can take some basic steps to protect small businesses, they can squeeze out a lot of the privacy issues as a side effect. More: a privacy law shortcut
Bonus links
Zombie Pipeline: Why Sable is Still a Pipe Dream by Till Daldrup and Jacob Hutt. (Good example of why we need both State and Federal laws. And yes, all the “preempt state privacy laws” lobbying needs to be postponed until at least 2029.)
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Related: Crypto
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