There and Back Again: A Vindication of the Listener's Interests in Regulating Targeted Advertising in the Internet Information Economy

Abstract

Targeted advertising - the process by which advertisers direct their messaging at a specific demographic - is neither a recent nor irrational phenomenon. However, the growth of consumer dependence on new and social media platforms has led to consumer concerns regarding data privacy. This Note considers the feasibility of regulating targeted advertising used in data-for-service Internet platforms, such as Facebook, given restraints posed by the Commercial Speech Doctrine of the First Amendment and the Supreme Court’s treatment of data collection and transmission practices, most recently in Sorrell v. IMS Health. This Note argues for a return to first principles of the Commercial Speech Doctrine, which prioritizes the interests of the listener, and proposes several policies on how to best regulate a nascent area of technology.