Archive for February, 2007
No company has been certified so far in the Trusted Download Program without making changes to their software, particularly in the areas of notice and control.
WhenU Case Study on Primary Notice
WhenU’s primary notice prior to certification was already above the then industry standards, especially in how it described key software functionality, and provided prominent notice of the types of advertising that would be displayed. WhenU used direct and clear terminology, such as: “ads slide or pop up in front or behind the browser…”
Affirmative Consent
The Trusted Download Program does not allow pre-selected option consent for advertising or tracking software. The intent is to ensure that users do not end up with advertising or tracking software on their computer as a result of moving through consent screens by hitting enter repeatedly, without taking the affirmative action of selecting a button to download when presented with material information.
WhenU Primary Notice Before 
TRUSTe reviewed all instances of WhenU Primary Notices. A number of associated Primary Notices were either opt-out or the consent option (“Next” or “I Accept”) was highlighted by default.
TRUSTe guidance during the certification process required WhenU to provide an affirmative consent for Save/SaveNow, and for the acceptance and decline options to be featured with equal promininence universally throughout the WhenU distribution network. WhenU understood and agreed with our requirements, and acted quickly to make the required changes.
TRUSTe’s subsequent review of Save/SaveNow Primary Consent screens were verified to offer the required consent mechanism.
Timing of Ads
TRUSTe Guidance during the certification process also advised that advertising software is required to give a level of specificity on when the advertising will be displayed. For example, will ads appear when the user is browsing the internet or at any time? In this case WhenU added the disclosure that advertising would be served “While you are browsing online, our software will show you pop-up advertisements…related to Web-browsing activity.” This provides sufficient specificity to set user expectations and equips the user to make an informed decision about the value exchange they are agreeing to.
WhenU Primary Notice After

Posted by: Colin O’Malley, Director of Product Development
February 15th, 2007
About ten years ago a bunch of folks from internet startups, and the EFF, and others, were cooking up the concept of a self-regulatory framework for internet privacy. After lots of starts and stops, and one grueling labor, the first standards for internet privacy statements and a list of TRUSTe Web Privacy Seal certified websites were birthed in 1997.
Today, we unveiled the first eight software applications certified to the Trusted Download standards. Ten years later Trusted Download has been a labour of love similar to our webseal. In some ways TRUSTe has taken learning from its previous programs to give TDP a running start, and in other areas the program is breaking new ground. The Anti-spyware Coalition provided the foundation for TDP, by hammering out definitions for spyware and nusiance programs in 2005 - these formed the prohibited behaviors in our certification agreements.
It has taken years for TRUSTe to build its privacy program requirements from mere disclosure, “say what you do,” into an aspirational set of standards that now include a prohibition on sharing of information without consent. For TDP we wanted to launch a program that began with the highest standards, instead of working up to them. We convened the internet‘s most influential companies - Yahoo, AOL, Microsoft, CA, CNET to ensure that no one entity or viewpoint influenced the standards too greatly. Although they aren’t program sponsors, the program requirements include provisions that Google and others contributed to the process. And we included important players such as the Center for Democracy and Technology from the beginning and in the ongoing advisory committee to the program.
If the launch of the web seal program and its subsequent development is any indicator, we are in for serious growing pains. We’re anticipating a learning process. Self-regulation is an ecosystem, and an essential part of the range of solutions that help make the internet a more trusted place. We welcome constructive feedback on the program, with the understanding that this is just the beginnng of changing the market.
Fran Maier, Executive Director
February 15th, 2007
The New York Attorney General announced that three of the largest online advertisers Priceline, Cingular and Travelocity, had agreed to pay $100,000 to end a probe into advertising through deceptively installed programs by Direct Revenue, Inc. This develoment follows on Federal Trade Commission settlements with major adware publisher Zango, and Center for Democracy and Technology — ‘Follow the Money’ reports detailing the adware economic model.
“Advertisers will now be held responsible when their ads end up on consumers’ computers without full notice and consent,” said New York Attorney General Andrew Cuomo. The agreements require each advertiser to deliver ads only through advertising sotware with informed consent to download and control over the software and uninstall. Priceline, has a posted adware policy here, stating their corporate policy against advertising through adware.
Enter, the Trusted Download whitelist.
TRUSTe will announce the initial round of certified Trusted Download software applications in two weeks. Limited to software applications which provide notice, consent and control, the Whitelist is designed to be a tool for advertisers and thier agents to select partners with safe, nuisance-free software.
February 1st, 2007