January 29, 2020

2020 Workshop on Technology and Consumer Protection

Christo Wilson and I are pleased to announce that the Workshop on Technology and Consumer Protection (ConPro ’20) is returning for a fourth year, co-located with the IEEE Symposium on Security and Privacy in May 2020.

As in past years, ConPro seeks a diverse range of technical research with implications for consumer protection. Past talks have covered dating fraud, ad targeting, mobile app data practices, privacy policy readability, algorithmic fairness, social media phishing, unwanted calls, cryptocurrency security, and much more.

Unlike past years, ConPro 2020 will accept talk proposals for early stage research ideas in addition to short papers. Do you have a new project or idea that you’d like to refine? Are you curious about which project directions could yield the greatest impact? Pitch a talk for ConPro, and get feedback and suggestions from its diverse, engaged audience.

Each year of ConPro, I’ve been heartened by the enthusiasm towards research that can help improve consumer welfare. If this is important to you too, we hope you’ll submit a paper or talk proposal. We’re always excited to expand our community! The submission deadline is January 23, 2020.

The Third Workshop on Technology and Consumer Protection

Arvind Narayanan and I are pleased to announce that the Workshop on Technology and Consumer Protection (ConPro ’19) will return for a third year! The workshop will once again be co-located with the IEEE Symposium on Security and Privacy, occurring in May 2019.

ConPro is a forum for a diverse range of computer science research with consumer protection implications. Last year, papers covered topics ranging from online dating fraud to the readability of security guidance. Panelists and invited speakers explored topics from preventing caller-ID spoofing to protecting unique communities.

We see ConPro as a workshop in the classic sense, providing substantive feedback and new ideas. Presentations have sparked suggestions for follow-up work and collaboration opportunities. Attendees represent a wide range of research areas, spurring creative ideas and interesting conversation. For example, comments about crowdworker concerns this year led to discussion of best practices for research making use of those workers.

Although our community has grown, we aim to keep discussion and feedback a central part of the workshop. Our friends in the legal community have had some success with larger events focused on feedback and discussion, such as PLSC. We plan to take lessons from those cases.

The success of ConPro in past years—amazing research, attendees, discussion, and PCs—makes us excited for next year. The call for papers lists some relevant topics, but if you do computer science research with consumer protection implications, it’s relevant (but be sure those implications are clear). The submission deadline is January 23, 2019. We hope you’ll submit a paper and join us in San Francisco!

When Terms of Service limit disclosure of affiliate marketing

By Arunesh Mathur, Arvind Narayanan and Marshini Chetty

In a recent paper, we analyzed affiliate marketing on YouTube and Pinterest. We found that on both platforms, only about 10% of all content with affiliate links is disclosed to users as required by the FTC’s endorsement guidelines.

One way to improve the situation is for affiliate marketing companies (and other “influencer” agencies) to hold their registered content creators to the FTC’s endorsement guidelines. To better understand affiliate marketing companies’ current practices, we examined the terms and conditions of eleven of the most common affiliate marketing companies in our dataset, and specifically noted whether they required content creators to disclose their affiliate content or whether they mentioned the FTC’s guidelines upon registration.

Affiliate program Requires disclosure?
AliExpress No
Amazon Yes
Apple No
Commission Junction No
Ebay Yes
Impact Radius No
Rakuten Marketing No
RewardStyle N/A
ShopStyle Yes
ShareASale No

The table above summarizes our findings. All the terms and conditions were accessed May 1, 2018 from the affiliate marketing companies’ websites. We did not hyperlink those terms and conditions that were not available publicly. All the companies that required disclosure also mentioned the FTC’s endorsement guidelines.

Out of the top 10 programs in our corpus, only 3 explicitly instructed their creators to disclose their affiliate links to their users. In all three cases (Amazon, Ebay, and ShopStyle), the companies called out the FTC’s endorsement guidelines. Of particular interest is Amazon’s affiliate marketing terms and conditions (Amazon was the largest affiliate marketing program in our dataset).

Amazon’s terms and conditions: When content creators sign up on Amazon’s website, they are bound by the programs terms and agreements Section 5 titled: “Identifying Yourself as an Associate”.

Figure 1: The disclosure requirement in Section 5 of Amazon’s terms and conditions document.

As seen in Figure 1, the terms of Section 5 do not explicitly mention the FTC’s endorsement guidelines but constrain participants to add only the following disclosure to their content: “As an Amazon Associate I earn from qualifying purchases”. In fact, the terms go so far as to warn users that “Except for this disclosure, you will not make any public communication with respect to this Agreement or your participation in the Associates Program”.

However, if participants click on the “Program Policies” link in the terms and conditions—which they are also bound to by virtue of agreeing to the terms and conditions—they are specifically asked to be responsible for the FTC’s endorsement guidelines (Figure 2): “For example, you will be solely responsible for… all applicable laws (including the US FTC Guides Concerning the Use of Endorsement and Testimonials in Advertising)…”. Here, Amazon asks the content creators to comply with the FTC’s guidelines, without exactly specifying how. It is important to note that the FTC’s guidelines themselves do not enforce any specific disclosure statement constraints on content creators, but rather suggest that content creators use clear and explanatory disclosures that convey the advertising relationship behind affiliate marketing to users.

Figure 2: The disclosure requirement from Amazon’s “Program Policies” page.

We learned about these clauses from the coverage of our paper on BBC’s You and Yours podcast (~ 16 mins in). A YouTuber on the show pointed out that he was constrained by the Amazon’s clause to not disclose anything about the affiliate program publicly.

Indeed, as we describe in the above sections, Amazon’s terms and conditions seem contradictory to their Program Policies. On the one hand, Amazon binds its participants to the FTC’s endorsement guidelines but on the other, Amazon severely constrains the disclosures content creators can make about their participation in the program.

Further, researchers are still figuring out which types of disclosures are effective from a user perspective. Content creators might want to adapt the form and content of disclosures based on the findings of such research and the affordances of the social platforms. For example, on YouTube, it might be best to call out the affiliate relationship in the video itself—when content creators urge participants to “check out the links in the description below”—rather than merely in the description. The rigid wording mandated by Amazon seemingly prevents such customization, and may not make the affiliate relationship adequately clear to users.

Affiliate marketing companies wield strong influence over the content creators that register with their programs, and can hold them accountable to ensure they disclose these advertising relationships in their content. At the very least, they should not make it harder to comply with applicable laws and regulations.