https://democraticmedia.org/assets/cdd-ctv-report-oct24-1.1.pdf
A new report by the Center for Digital Democracy (CDD) paints a bleak picture for consumer privacy in the era of smart TVs. Entitled “How TV Watches Us: Commercial Surveillance in the Streaming Era,” the report exposes the extensive “commercial surveillance system” embedded within Smart TVs (CTVs) and video streaming services.
Key Findings:
- CTV Tracking Mirrors Online Abuses: The report highlights how CTV platforms have adopted the same data-driven targeting methods used by social media and online advertising, raising concerns about compromised privacy and potential manipulation.
- Personalized Ad Blitz: CTV viewers are bombarded with ads personalized through methods like cookieless IDs, identity graphs that combine data across devices, Automatic Content Recognition (ACR) that analyzes on-screen content, and AI-powered ad targeting based on emotional analysis.
- Free Isn’t Free: Free Ad-Supported TV (FAST) channels like Tubi were called out for using “enhanced product placement” tactics, essentially weaving advertising directly into programming to target individual viewers.
Regulators Aware, But Action Limited:
The report criticizes the Federal Trade Commission (FTC) and the Federal Communications Commission (FCC) for failing to adequately address these concerns despite past knowledge. The CDD cites the FTC’s 2016 Smart TV Workshop and a 2017 settlement with Vizio for collecting detailed viewing data as evidence. Additionally, academic research presented at the FTC’s 2021 PrivacyCon further documented the pervasiveness of tracking on Smart TVs.
Consumer Confusion, Industry Influence:
The report acknowledges that consumers often struggle to understand or control privacy settings on their smart TVs. Furthermore, the influence of data brokers who spend heavily on lobbying efforts is seen as an obstacle to enacting stricter privacy regulations.
CDD Calls for Action:
The CDD has submitted the report to the FTC, FCC, California privacy regulators, and California Attorney General Rob Bonta, urging them to tackle the issue of CTV privacy violations. While acknowledging past inaction, the CDD expresses some hope that the growing scale of CTV practices and adtech’s invasive methods might prompt a response from regulators.
Future Uncertain:
The lack of a federal data privacy law in the US creates an environment where consumers’ privacy rights remain vulnerable. Whether the CDD’s report and the recent FTC report on social media data collection will spur lawmakers and regulators to act remains to be seen.