For many years, direct marketers have been wary of legislation that could restrict their use of data. Among the most recent potential developments are behavioral targeting or do-not-track proposals. These could curb marketers’ abilities to track consumer behavior and clicks online so they can send prospects highly targeted offers. Chief Marketer recently spoke with Jerry Cerasale, senior vice president of the Direct Marketing Association, for an outlook about this kind of legislation in the 112^th Congress.

CHIEF MARKETER: What are the prospects for behavior targeting legislation in the new Congress?

CERASALE: I clearly think it’s going to be a hot subject. There will be bills entered in this next Congress on behavioral advertising. But I think that in the first session, with the list of things to do, it probably is not likely to happen. But, I think the whole advertising community is going to have to be on its toes. We have to be careful that we don’t get legislation that undermines the monetization and efficacy of advertising on the Internet.

CHIEF MARKETER: How would you describe behavioral targeting for the uninitiated?

CERASALE: Behavioral targeting is in essence following individual movements to Websites then using an algorithm to determine from these sites what kinds of products are these people interested in and then sending the targeted ads to them.

CHIEF MARKETER: Which lawmakers do you think are the most likely to introduce such legislation?

CERASALE: Senators John Kerry (D-MA), Mark Pryor (D-AR) and John D. Rockefeller IV (D-WV) and Reps. Edward Markey [D-MA] and Joe Barton (R-TX) have shown interest.

CHIEF MARKETER: Now that the House has turned Republican, how does that affect the changes of behavioral targeting legislation?

CERASALE: Privacy tends to be a bipartisan issue but I think that a split government (a Republican House and Democratic Senate) automatically slows down all legislation.

CHIEF MARKETER: What about the states?

CERASALE: California has talked about some but we haven’t seen much because so much of the discussion is in the federal area—the Internet crosses states lines.