Companies increasingly employ dark patterns or marketing to influence or coerce consumers into sharing personal information. FTC seeks to protect consumers by incentivizing all companies to invest more consistently in compliant practices.
The US Federal Trade Commission recently announced exploring rules to crack down on harmful commercial surveillance and lax data security. These rules can potentially jeopardize survival tactics put together by global brands to thrive in the cookie-less era but can be a relief to internet users.
The release issued by FTC stated that commercial surveillance is the business of collecting, analyzing, and profiting from information about people and further mentioned that mass surveillance has heightened the risks and stakes of data breaches, deception, manipulation, and other abuses. People can submit their suggestions 60 days from the publication of this notice.
The FTC’s Advance Notice of Proposed Rulemaking seeks public comment on the harms of commercial surveillance and whether new rules are needed to protect people’s privacy and information.
“Firms now collect personal data on individuals at a massive scale and in a stunning array of contexts,” said FTC Chair Lina M. Khan.
“The growing digitization of our economy—coupled with business models that can incentivize endless hoovering up of sensitive user data and a vast expansion of how this data is used—means that potentially unlawful practices may be prevalent,” said Khan. “Our goal today is to build a robust public record to inform whether the FTC should issue rules to address commercial surveillance and data security practices and what those rules should look like,” she added.
Commercial Surveillance
FTC shared that the business of commercial surveillance can incentivize companies to collect vast troves of consumer information, only a tiny fraction of which consumers proactively share. Companies reportedly watch Internet users – every aspect of their online activity, their family and friend networks, browsing and purchase histories, location and physical movements, and a wide range of other personal details.
Companies use algorithms and automated systems to analyze the information they collect. And they make money by selling information through the massive, opaque market for consumer data, using it to place behavioral ads, or leveraging it to sell more products.
The Rule-Making Process
The FTC is seeking comment on various concerns about commercial surveillance practices. For example, some companies fail to adequately secure the vast troves of consumer data they collect, putting that information at risk to hackers and data thieves. Evidence shows that some surveillance-based services may be addictive to children and lead to various mental health and social harms.
Hiccups in Automated Personal Data Analysis
The automated systems analyze data companies collect, and research suggests that these algorithms are prone to errors, bias, and inaccuracy. As a result, commercial surveillance practices may discriminate against consumers based on legally protected characteristics like race, gender, religion, and age, harming their ability to obtain housing, credit, employment, or other critical needs.
Other concerns stem from how companies make commercial surveillance challenging to avoid. Some companies require people to sign up for surveillance as a condition for service. Consumers who do not wish to share their personal information with other parties may be denied service or required to pay a premium to keep their personal information private. After consumers sign up, companies may change their privacy to allow for more expansive surveillance. Companies increasingly employ dark patterns or marketing to influence or coerce consumers into sharing personal information.
In the last two decades, the FTC has used its existing authority under the FTC Act to bring hundreds of enforcement actions against companies for privacy and data security violations. These include sharing health-related data with third parties, collecting and sharing sensitive television viewing data for targeted advertising, and failing to implement reasonable security measures to protect sensitive personal data such as Social Security numbers.
Pros and cos
The FTC lacks the authority to seek financial penalties for initial violations of the FTC Act. There is a need for rules establishing precise privacy and data security requirements, which will give the Commission the authority to seek financial penalties for first-time violations. It could incentivize all companies to invest more consistently in compliant practices.
 
		













 Microsoft Dynamics 365 represents a robust cloud-based CRM solution with features such as pipeline assessment, relationship analytics, and conversational intelligence. It utilises AI-powered insights to provide actionable intelligence via predictive analytics, lead scoring, sentiment analysis, etc. Currently, Microsoft operates in 190 countries and is made up of more than 220,000 employees worldwide.
Microsoft Dynamics 365 represents a robust cloud-based CRM solution with features such as pipeline assessment, relationship analytics, and conversational intelligence. It utilises AI-powered insights to provide actionable intelligence via predictive analytics, lead scoring, sentiment analysis, etc. Currently, Microsoft operates in 190 countries and is made up of more than 220,000 employees worldwide. HubSpot is an inbound marketing, sales, and customer service software provider, offering robust CRM and automation solutions. Some of its products include Marketing Hub, Sales Hub, Operations Hub, Content Hub, Commerce Hub, Marketing Analytics and Dashboard Software. Guided by its inbound methodology, HubSpot enables companies to prioritise innovation and customer success.
HubSpot is an inbound marketing, sales, and customer service software provider, offering robust CRM and automation solutions. Some of its products include Marketing Hub, Sales Hub, Operations Hub, Content Hub, Commerce Hub, Marketing Analytics and Dashboard Software. Guided by its inbound methodology, HubSpot enables companies to prioritise innovation and customer success. Monday.com is a project management software company, offering a cloud-based platform that enables businesses
Monday.com is a project management software company, offering a cloud-based platform that enables businesses  Headquartered in San Mateo, California, Freshworks is a global AI-powered business software provider. Its tech stack includes a scalable and comprehensive suite for IT, customer support, sales, and marketing teams, ensuring value for immediate business impact. Its product portfolio includes Customer Service Suite, Freshdesk, Freshchat, Freshcaller, Freshsuccess, and Freshservice. Freshservice for Business Teams has helped several global organisations to enhance their operational efficiency.
Headquartered in San Mateo, California, Freshworks is a global AI-powered business software provider. Its tech stack includes a scalable and comprehensive suite for IT, customer support, sales, and marketing teams, ensuring value for immediate business impact. Its product portfolio includes Customer Service Suite, Freshdesk, Freshchat, Freshcaller, Freshsuccess, and Freshservice. Freshservice for Business Teams has helped several global organisations to enhance their operational efficiency. Talkdesk offers an innovative AI-powered customer-centric tech stack to its global partners. The company provides generative AI integrations, delivering industry-specific solutions to its customers. Talkdesk CX Cloud and Industry Experience Clouds utilise modern machine learning and language models to enhance contact centre efficiency and client satisfaction.
Talkdesk offers an innovative AI-powered customer-centric tech stack to its global partners. The company provides generative AI integrations, delivering industry-specific solutions to its customers. Talkdesk CX Cloud and Industry Experience Clouds utilise modern machine learning and language models to enhance contact centre efficiency and client satisfaction.

 The company offers comprehensive cloud-based solutions, such as Microsoft Dynamics 365, Gaming Consoles, Microsoft Advertising, Copilot, among other things, to help organisations offer enhanced CX and ROI. Its generative-AI-powered speech and voice recognition solutions,such as Cortana and Azure Speech Services empowers developers to build intelligent applications.
The company offers comprehensive cloud-based solutions, such as Microsoft Dynamics 365, Gaming Consoles, Microsoft Advertising, Copilot, among other things, to help organisations offer enhanced CX and ROI. Its generative-AI-powered speech and voice recognition solutions,such as Cortana and Azure Speech Services empowers developers to build intelligent applications. IBM is a global hybrid cloud and AI-powered
IBM is a global hybrid cloud and AI-powered  Uniphore is an enterprise-class, AI-native company that was incubated in 2008. Its enterprise-class multimodal AI and data platform unifies all elements of voice, video, text and data by leveraging Generative AI, Knowledge AI, Emotion AI and workflow automation. Some of its products include U-Self Serve, U-Assist, U-Capture, and U-Analyze. Its Q for Sale is a conversational intelligence software that guides revenue teams with AI-powered insights, offering clarity on how to effectively keep prospects engaged.
Uniphore is an enterprise-class, AI-native company that was incubated in 2008. Its enterprise-class multimodal AI and data platform unifies all elements of voice, video, text and data by leveraging Generative AI, Knowledge AI, Emotion AI and workflow automation. Some of its products include U-Self Serve, U-Assist, U-Capture, and U-Analyze. Its Q for Sale is a conversational intelligence software that guides revenue teams with AI-powered insights, offering clarity on how to effectively keep prospects engaged. Google Cloud accelerates every organisation’s ability to digitally transform its business. Its enterprise-grade solutions leverage modern technology to solve the most criticial business problems
Google Cloud accelerates every organisation’s ability to digitally transform its business. Its enterprise-grade solutions leverage modern technology to solve the most criticial business problems 
 8×8 offers out-of-the-box contact centre solutions, assisting all-size businesses to efficiently meet customer needs and preferences. It offers custom CRM integrations support and integrates effortlessly with third-party CRMs like Salesforce, Microsoft Dynamics, Zendesk, and more. Offering global support in all time zones & development teams in 5 continents, its patented geo-routing solution ensures consistent voice quality.
8×8 offers out-of-the-box contact centre solutions, assisting all-size businesses to efficiently meet customer needs and preferences. It offers custom CRM integrations support and integrates effortlessly with third-party CRMs like Salesforce, Microsoft Dynamics, Zendesk, and more. Offering global support in all time zones & development teams in 5 continents, its patented geo-routing solution ensures consistent voice quality. Sprinklr is a comprehensive enterprise software company for all customer-focused functions. With advanced AI, Sprinklr’s unified customer experience management (Unified-CXM) platform lets organisations offer human experiences to every customer, every time, across any modern channel.
Sprinklr is a comprehensive enterprise software company for all customer-focused functions. With advanced AI, Sprinklr’s unified customer experience management (Unified-CXM) platform lets organisations offer human experiences to every customer, every time, across any modern channel.
 Upland offers a comprehensive suite of contact centre and customer service solutions with products including InGenius, Panviva, Rant & Rave, and RightAnswers. InGenius enables organisations to connect their existing phone system with CRM, further enhancing agent productivity. Panviva provides compliant and omnichannel capabilities for highly regulated industries. Whereas, Rant & Rave, and RightAnswers are its AI-powered solutions,
Upland offers a comprehensive suite of contact centre and customer service solutions with products including InGenius, Panviva, Rant & Rave, and RightAnswers. InGenius enables organisations to connect their existing phone system with CRM, further enhancing agent productivity. Panviva provides compliant and omnichannel capabilities for highly regulated industries. Whereas, Rant & Rave, and RightAnswers are its AI-powered solutions,  Zoho Social, a part of Zoho’s suite of 50+ products, is a comprehensive social media management platform for businesses and agencies. The Zoho Social dashboard includes a robust set of features, such as Publishing Calendar, Bulk Scheduler, and Approval Management to offer businesses all the essential social media publishing tools. Its monitoring tools help enterprises track and respond to relevant social conversations.
Zoho Social, a part of Zoho’s suite of 50+ products, is a comprehensive social media management platform for businesses and agencies. The Zoho Social dashboard includes a robust set of features, such as Publishing Calendar, Bulk Scheduler, and Approval Management to offer businesses all the essential social media publishing tools. Its monitoring tools help enterprises track and respond to relevant social conversations. Hootsuite, headquartered in Vancouver, is a social media management platform that streamlines the process of managing multiple social media accounts. Some of its core offerings include social media content planning and publishing, audience engagement tools, analytics and social advertising. Its easy-to-integrate capabilities help marketing teams to schedule and publish social media posts efficiently.
Hootsuite, headquartered in Vancouver, is a social media management platform that streamlines the process of managing multiple social media accounts. Some of its core offerings include social media content planning and publishing, audience engagement tools, analytics and social advertising. Its easy-to-integrate capabilities help marketing teams to schedule and publish social media posts efficiently. Brandwatch enables businesses to build and scale the optimal strategy for their clients with intuitive, use-case-focused tools that are easy and quick to master. Bringing together consumer intelligence and social media management, the company helps its users react to the trends that matter, collaborate on data-driven content, shield the brand from threats and manage all the social media channels at scale.
Brandwatch enables businesses to build and scale the optimal strategy for their clients with intuitive, use-case-focused tools that are easy and quick to master. Bringing together consumer intelligence and social media management, the company helps its users react to the trends that matter, collaborate on data-driven content, shield the brand from threats and manage all the social media channels at scale. Zoho Corporation offers innovative and tailored software to help leaders grow their business. Zoho’s 55+ products aid sales and marketing, support and collaboration, finance, and recruitment requirements. Its customer analytics capabilities come with a conversational feature, Ask Zia. It enables users to ask questions and get insights in the form of reports and widgets in real-time.
Zoho Corporation offers innovative and tailored software to help leaders grow their business. Zoho’s 55+ products aid sales and marketing, support and collaboration, finance, and recruitment requirements. Its customer analytics capabilities come with a conversational feature, Ask Zia. It enables users to ask questions and get insights in the form of reports and widgets in real-time. Salesforce-owned Tableau is an AI-powered analytics and business intelligence platform, offering the breadth and depth of capabilities that serve the requirements of global enterprises in a seamless, integrated experience. Marketers can utilise generative AI models, AI-powered predictions, natural language querying, and recommendationsons.
Salesforce-owned Tableau is an AI-powered analytics and business intelligence platform, offering the breadth and depth of capabilities that serve the requirements of global enterprises in a seamless, integrated experience. Marketers can utilise generative AI models, AI-powered predictions, natural language querying, and recommendationsons. Fullstory is a behavioural data platform, helping C-suite leaders make informed decisions by injecting digital behavioural data into its analytics stack. Its patented technology uncovers the power of quality behavioural data at scale, transforming every digital visit into actionable insights. Enterprises can increase funnel conversion and identify their highest-value customers effortlessly.
Fullstory is a behavioural data platform, helping C-suite leaders make informed decisions by injecting digital behavioural data into its analytics stack. Its patented technology uncovers the power of quality behavioural data at scale, transforming every digital visit into actionable insights. Enterprises can increase funnel conversion and identify their highest-value customers effortlessly. Contentsquare is a cloud-based digital experience analytics platform, helping brands track billions of digital interactions, and turn those digital
Contentsquare is a cloud-based digital experience analytics platform, helping brands track billions of digital interactions, and turn those digital  Amplitude is a product analytics platform, enabling businesses to track visitors with the help of collaborative analytics. The platform leverages the capabilities of
Amplitude is a product analytics platform, enabling businesses to track visitors with the help of collaborative analytics. The platform leverages the capabilities of  Adobe Experience Cloud offers a comprehensive set of applications, capabilities, and services specifically designed to address day-to-day requirement for personalised customer experiences at scale. Its platform helps play an essential role in managing different digital content or assets to improve customer happiness. Its easy-to-optimise content gives users appropriate marketing streams, ensuring product awareness.
Adobe Experience Cloud offers a comprehensive set of applications, capabilities, and services specifically designed to address day-to-day requirement for personalised customer experiences at scale. Its platform helps play an essential role in managing different digital content or assets to improve customer happiness. Its easy-to-optimise content gives users appropriate marketing streams, ensuring product awareness.
 Started in 2005 in a Sweden-based small town, Norrköping, Voyado offers a customer experience cloud platform that includes a customer loyalty management system. This platform helps businesses design and implement customer loyalty programs, track customer
Started in 2005 in a Sweden-based small town, Norrköping, Voyado offers a customer experience cloud platform that includes a customer loyalty management system. This platform helps businesses design and implement customer loyalty programs, track customer  TapMango provides a comprehensive, customisable, flexible and feature-rich customer loyalty program. The loyalty tools include an integrated suite of customised consumer-facing technology, easy-to-use merchant tools, and automation algorithms, all aimed at enhancing customer experience. Adaptable to any industry, TapMango’s platform helps merchants compete with larger chains, converting customer one-time purchases into profitable spending habits.
TapMango provides a comprehensive, customisable, flexible and feature-rich customer loyalty program. The loyalty tools include an integrated suite of customised consumer-facing technology, easy-to-use merchant tools, and automation algorithms, all aimed at enhancing customer experience. Adaptable to any industry, TapMango’s platform helps merchants compete with larger chains, converting customer one-time purchases into profitable spending habits.









 Adobe Experience Cloud offers a comprehensive set of applications, capabilities, and services specifically designed to address day-to-day requirements for personalised customer experiences at scale. Its innovative platform has played an essential role in managing different digital content or assets, to improve customer happiness or satisfaction. Some of its products include Adobe Gen Studio, Experience Manager Sites, Real-time CDP, and Marketo Engage.
Adobe Experience Cloud offers a comprehensive set of applications, capabilities, and services specifically designed to address day-to-day requirements for personalised customer experiences at scale. Its innovative platform has played an essential role in managing different digital content or assets, to improve customer happiness or satisfaction. Some of its products include Adobe Gen Studio, Experience Manager Sites, Real-time CDP, and Marketo Engage.





























