ETSI TR 102 688-8 V1.1.1 (2011-05)

Technical Report
Media Content Distribution (MCD);
MCD framework;
Part 8: Audience Measurement
2 ETSI TR 102 688-8 V1.1.1 (2011-05)

Reference
DTR/MCD-00005
Keywords
audience, audio, advertisement, broadcast,
content, multimedia, traffic, video
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3 ETSI TR 102 688-8 V1.1.1 (2011-05)
Contents
Intellectual Property Rights . 5
Foreword . 5
Introduction . 5
1 Scope . 6
2 References . 6
2.1 Normative references . 6
2.2 Informative references . 6
3 Definitions and abbreviations . 8
3.1 Definitions . 8
3.2 Abbreviations . 9
4 Discussion . 10
4.1 Why Audience Measurement . 10
4.2 Methods of Audience Measurement . 11
4.2.1 Personal diary . 11
4.2.2 Meters . 11
4.2.3 Software . 11
4.3 Measurement Gordian knot . 12
5 Regulatory Factors . 13
5.1 United States . 13
5.1.1 Consumer Privacy: United States . 13
5.1.2 Rating Services Oversight: United States . 15
5.2 Europe and the European Union . 16
5.2.1 Actors' views on regulation, self-regulating as the basis . 16
5.3 Japan . 17
5.4 China . 18
6 Case Studies . 19
6.1 United States Advanced Advertising and Audience Measurement . 19
6.1.1 Television Ratings . 19
6.1.2 Advertising usage measurement . 19
6.1.3 Audience Measurement Approaches . 20
6.2 Europe and the European Union . 21
6.2.1 General overview . 21
6.2.2 Alternative counts, multi-platform broadcasters needs . 23
6.2.3 Mobile TV measurement is one of the stakes in 2011 . 24
6.2.4 Research Institutes are developing combined AM systems . 25
6.2.5 Other sources to be considered in AM standardization process . 25
6.2.5.1 International Professional Organisations . 25
6.2.5.2 European Professional Organisations . 26
6.2.5.3 National Professional Organisations . 27
6.2.5.4 Sources of Statistical Information . 28
6.2.5.5 Information from further projects and actions . 29
6.2.5.6 Standardization and SDO's . 30
6.3 Japan . 30
6.3.1 Personalization using Passive Feedback: (see Figure 1) . 30
6.3.2 Personalization using Active Feedback (See Figure 2) . 31
6.3.3 Audience Measurement chain . 31
6.3.4 Personalized Service Platform . 32
6.3.5 Functional Architecture for Personalized Service Platform . 33
6.3.6 Detailed functional component for Audience Measurement . 33
6.3.7 Service examples with the Personalized Service Platform . 34
6.3.7.1 Target advertising service . 35
6.3.7.2 VoD recommendation service . 35
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4 ETSI TR 102 688-8 V1.1.1 (2011-05)
6.4 China . 36
6.4.1 Audience Measurement in China . 36
6.4.1.1 Guidelines for Television Audience Measurement . 36
6.4.2 Methods of audience measurement . 36
6.4.3 The audience research history and current state . 36
6.4.4 Audience research market prospects in China . 37
6.4.4.1 The challenge from digital TV development. 37
7 Initial needs for an audience measurement system . 38
Annex A: Bibliography . 40
History . 41

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5 ETSI TR 102 688-8 V1.1.1 (2011-05)
Intellectual Property Rights
IPRs essential or potentially essential to the present document may have been declared to ETSI. The information
pertaining to these essential IPRs, if any, is publicly available for ETSI members and non-members, and can be found
in ETSI SR 000 314: "Intellectual Property Rights (IPRs); Essential, or potentially Essential, IPRs notified to ETSI in
respect of ETSI standards", which is available from the ETSI Secretariat. Latest updates are available on the ETSI Web
server (http://webapp.etsi.org/IPR/home.asp).
Pursuant to the ETSI IPR Policy, no investigation, including IPR searches, has been carried out by ETSI. No guarantee
can be given as to the existence of other IPRs not referenced in ETSI SR 000 314 (or the updates on the ETSI Web
server) which are, or may be, or may become, essential to the present document.
Foreword
This Technical Report (TR) has been produced by ETSI Technical Committee Media Content Distribution (MCD).
This is a multi-part deliverable identifiable by the same main number and a common part of the title. This set of partial
deliverables (parts and sub-parts handled and published independently but treated in a coordinated form) builds a whole
deliverable handling the subject identified by the common part of the title.
The common part of the title is Media Content Distribution framework.
Each part and sub-part of the present set of deliverables covers a specific subject specified in the corresponding scope
and referred to in the specific part of the title. To each part and sub-part of the whole deliverable, a specific number
attached to the common main number of the deliverable will also be assigned.
The present document, the only one providing an overview of various methods of Audience Measurement, referring to
Legal and Regulatory requirements in various countries, providing Case Studies of activities in several countries, and
technical and functional requirements for audience measurement, it is part 8 of the multi-part deliverable covering the
Media Content Distribution framework, as identified in part 1 [i.1] of this multi-part deliverable. This part 8 is an
informative document trying to identify the situation within the market sector corresponding to the scope; the rather
large number of trademarks cited could not be reduced due to the context of the study and the particular evolution of the
document. In all the cases, the references to trademarks should not be considered for other purposes than the illustration
of simple examples.
For a rational maintenance and easy usage of the complete set of the documents, only part 1 of the set of the documents,
will maintain an updated list of the documents in the series, all the other documents should refer to part 1 [i.1], working
therefore as the central point of the series.
Introduction
In the context of MCD work, the collection of audience measurement was considered a relevant item since it provides
valuable information for market players acting in a rash evolving convergence environment between traditional sectors
of Telecom and Broadcast. Also the opportunities opened by this evolution are associated with challenges needing
appropriate analysis.
The present stage of the present document relates to an initial survey on audience measurement related matters in the
MCD domain and is not intended to be a complete, exhaustive one. The aim of this initial exercise was to identify issues
determined by the present rapid evolution of convergence and consequent usage of multiple distribution systems for the
traditionally broadcasted contents. Matters like the protection of contents, communications services, applications
services and users' data (security needs in general) were identified as a major issue and a description of the situation in
different regions was made. This, however corresponding to an initial stage, it is believed to be relevant for publication
aiming the stimulation of further discussions in the development of MCD systems and awareness of market players. It is
nevertheless recognized that a future edition of the present report can go further in depth and updated information.'
This material is expected to be a central tool for the identification of MCD requirements and the specification of a
roadmap for the standardization work to be developed.
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6 ETSI TR 102 688-8 V1.1.1 (2011-05)
1 Scope
The purpose of the present document is to assess activities and business plans with relevance to Audience
Measurement. It briefly also provides a synopsis of information related to Audience Measurement of television
viewership and radio listenership that receive programs or information by means of broadcast to fixed and mobile
locations, broadband networks, or on-line Internet.
Audience measurement is a market research tool used to assess the return on advertising investment and to maximize
the value provided users. Such measurements are made to provide information to tailor messages or content to better
suit the preferences of a target audience and which promotes advertisers and content providers objectives.
2 References
References are either specific (identified by date of publication and/or edition number or version number) or
non-specific. For specific references, only the cited version applies. For non-specific references, the latest version of the
reference document (including any amendments) applies.
Referenced documents which are not found to be publicly available in the expected location might be found at
http://docbox.etsi.org/Reference.
NOTE: While any hyperlinks included in this clause were valid at the time of publication ETSI cannot guarantee
their long term validity.
2.1 Normative references
The following referenced documents are necessary for the application of the present document.
Not applicable.
2.2 Informative references
The following referenced documents are not necessary for the application of the present document but they assist the
user with regard to a particular subject area.
[i.1] ETSI TR 102 688-1: "Media Content Distribution (MCD); MCD framework; Part 1: Overview of
interest areas".
[i.2] ETSI TR 102 688-3: "Media Content Distribution (MCD); MCD framework; Part 3: Regulatory
issues, social needs and policy matters".
[i.3] Interactive Advertising Bureau: "Audience Reach Measurement Guidelines",
Version 1.0-February 23, 2009.
NOTE: Available at: http://www.iab.net/media/file/audience_reach_022009.pdf.
[i.4] Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access
to, and interconnection of, electronic communications networks and associated facilities (Access
Directive).
[i.5] Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning
the processing of personal data and the protection of privacy in the electronic communications
sector (Directive on privacy and electronic communications).
[i.6] ISO 9000: "Quality management systems - Fundamentals and vocabulary".
[i.7] CableLabs SaFI-CIP: "Campaign Information Package Specification".
NOTE: Available at: http://www.cablelabs.com/advancedadvertising/specifications/safi.html.
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[i.8] CableLabs SaFI-IAF: "Interactive Application Fulfillment Summary Interface Specification".
NOTE: Available at: http://www.cablelabs.com/advancedadvertising/specifications/safi.html.
[i.9] CableLabs SaFI-IAM: "Interactive Application Messaging Specification".
NOTE: Available at: http://www.cablelabs.com/advancedadvertising/specifications/safi.html.
[i.10] CableLabs SaFI-SMS: "Service Measurement Summary Interface Specification".
NOTE: Available at: http://www.cablelabs.com/advancedadvertising/specifications/safi.html.
[i.11] "The Communications Assistant for Law Enforcement Act" embodied in United States law 47
USC 1001.
NOTE: Available at: http://www.techlawjournal.com/agencies/calea/47usc1001.htm.
[i.12] "The Electronic Communications Privacy Act" embodied in United States law beginning at18
USC 2510.
NOTE: Available at: http://www.law.cornell.edu/uscode/18/2510.html.
[i.13] "The Stored Communications Act" embodied in United States law beginning at18 USC 2701.
NOTE: Available at: http://www.law.cornell.edu/uscode/18/usc_sup_01_18_10_I_20_121.html.
[i.14] Directive 89/552/EEC of 3 October 1989 of the European Parliament and of the Council on the
coordination of certain provisions laid down by law, regulation or administrative action in Member
States concerning the provision of audiovisual media services (Audiovisual Media Services
Directive).
[i.15] EGTA blue print: "Audience measurement: what television advertising sales houses want…"
Results of a consultation among EGTA members - April 2007.
NOTE: Available at:
http://www.egta.com/documents/egta%20position%20paper%20on%20audience%20measurement%20-
%20Final.pdf.
[i.16] "Video on demand and catch-up TV in Europe" (October 2009).
NOTE: Available at: http://www.obs.coe.int/oea_publ/market/vod2009.html.
[i.17] ARPP: "20.12.2010 - Nouvelle Recommandation déontologique ARPP: Internet V 3.0".
NOTE: Available at: http://www.arpp-pub.org/nouvelle-recommandation-arpp.html.
[i.18] ITU-T Draft Recommendation H.IPTV-AM.0: "IPTV application event handling: Overall aspects
of audience measurement for IPTV services".
[i.19] ITU-T Draft Recommendation H.IPTV-AM.1: "IPTV application event handling: Audience
measurement for IPTV distributed content services".
[i.20] ITU-T Draft Recommendation H.IPTV-AM.2: "IPTV application event handling: Audience
measurement for IPTV interactive services".
NOTE: The above three references ( [i.18], [i.19],[i.20]) are not published at the date of publication of the
present document, they are planed to be adopted and published during 2011. The definitive numbers of
these Recommendations are also not yet assigned.
[i.21] "CNN, most extensive cross-platform audience reach".
NOTE: Available at: http://www.bizcommunity.com/Article/111/19/40072.html.
[i.22] Synovate: "Key facts about EMS and EMS Select".
NOTE: Available at: http://ems.synovate.nl/PDF/FactsheetEMS2010.pdf.
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[i.23] EMS Select 2009.
NOTE: Available at: http://ads.economist.com/fileadmin/PDFs/Research/EMS_2009updated.pdf.
[i.24] Synovate survey: "Pan-European Media and Marketing Surveys for 2008'. .
NOTE: Available at: http://www.synovate.com/news/article/2008/07/synovate-releases-its-pan-european-media-
and-marketing-surveys-for-2008.html.
[i.25] "Le Royaume-Uni, pionnier de l'audience mobile", Journal du Net.
NOTE: Available at:
http://www.journaldunet.com/ebusiness/internet-mobile/mesure-d-audience-internet-mobile/l-exemple-
britannique.shtml.
[i.26] "Internet mobile : vers quelle mesure d'audience ?", Journal du Net.
NOTE: Available at:
http://www.journaldunet.com/ebusiness/internet-mobile/mesure-d-audience-internet-mobile/.
[i.27] "European Audiovisual Observatory's Yearbook".
NOTE: Available at: http://www.obs.coe.int/oea_publ/yb/
[i.28] "Advertising Expenditure Forecasts", Zenith Media, London.
[i.29] "Advertising Association and European Advertising Tripartite", The European Advertising and
Media Yearbook, NTC Publications Ltd, Henley-on-Thames.
[i.30] "Europub. Le marché publicitaire européen", The European Advertising Market, Havas, Paris.
[i.31] "World Advertising Trends", NTC Publications Ltd, Henley-on-Thames.
[i.32] "Young and Rubicam, European Media Cost Comparison", NTC Publications Ltd,
Henley-on-Thames.
[i.33] "Communications Act of 1934 amended in 1996" (United States of America).
[i.34] Act No. 57 of 2003: "Act on the Protection of Personal Information" (Japan).
[i.35] "Japanese Constitution", Article 21.
[i.36] "Japanese Telecommunications Business Act", Article 4.
[i.37] ETSI TS 102 796: "Hybrid Broadcast Broadband TV".
3 Definitions and abbreviations
3.1 Definitions
For the purposes of the present document, the following terms and definitions apply:
active feedback: any sort of information received from the user explicitly and actively, mainly before or during the
usage of the services from the system in order to understand the user's current situation
NOTE: Examples of active feedback include ratings or a questionnaire on how the user's impression towards a
specific service.
client: individual that is a member of the group participating in an audience measurement campaign.
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connected TV: integration of the internet access into television sets and set-top boxes, as well as the technological
convergence between computers and these television devices
NOTE: Examples of connected TV are Hybrid Broadcast Broadband TV [i.37] (associated to cable, satellite or
TM
terrestrial TV), Internet or IPTV based TV. HbbTV is a specific application of this standard.
digital signage: electronic display showing information (advertising, timetables, weather forecast, other contents) in
private and public environments (retail stores, corporate buildings, airports, railways or bus stations, others)
passive feedback: any sort of information observed from the user during the usage of services provided from the
system without the users being aware, under the condition that the user has at one time provided permission for the
system to obtain personal information
NOTE: Such examples of passive feedback are history of service of what the user has used in the past.
3.2 Abbreviations
For the purposes of the present document, the following abbreviations apply:
Ad Advertisement
ADM AD Management service
ADM Association for Downloadable Measurement
NOTE: Available at: http://www.markosweb.com/www/downloadablemedia.org/
ADS Ad Decision Service
AKA Authentication and Key Agreement
AM Amplitude Modulation (Radio)
AM Audience Measuring
ANSI American National Standards Institute
ARPP Autorité de Régulation Professionnelle de la Publicité
NOTE: http://www.arpp-pub.org/
AVMS Audiovisual Media Services Directive
TM
BBC British Broadcasting Corporation
BD Blu-ray Disc
BDSG German Federal Data Protection Law "Bundesdatenschutzgesetz"
CCTV China Central TV
CIP Campaign Information Package
CoR Content on Request
CPNI Customer proprietary network information
DAB(+) Digital Audio Broadcasting (plus)
DPI Deep Packet Inspection
DRM(+) Digital Radio Mondiale (plus)
DSL (xDSL) Digital Subscriber Line; e.g. x=A (asymmetric), x=V (very high speed)
DVB-H Digital Video Broadcast Handheld
DVB-T/T2 Digital Video Broadcast Terrestrial / Terrestrial Second Generation
DVB-C/C2 Digital Video Broadcast Cable / Cable Second Generation
DVB-S/S2 Digital Video Broadcast Satellite / Satellite Second Generation
DVR (nDVR) Digital Video Recorder (network DVR)
EASA European Advertising Standards Alliance
NOTE: http://www.easa-alliance.org/
EGTA European Group on Television Advertising
EPG Electronic Programme Guide
ETV Enhanced Television
EU European Union
FCC Federal Communications Commission (USA)
FM Frequency Modulation
FTTH Fiber To The Home
GGTAM Global Guidelines for Television Audience Measurement
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10 ETSI TR 102 688-8 V1.1.1 (2011-05)
GSMA Global System for Mobile Communications (GSM) Association
TM
HbbTV Hybrid Broadcast Broadband TV
HD(TV) High Definition (Television)
HFC Hybrid Fiber Coax
HTTP HyperText Transfer Protocol
IAB International Advertising Bureau
IAF Interactive Application Fulfillment Interface
IAM Interactive Application Messaging Interface
ID IDentifier
iDTV Interactive Digital TV; integrated device TV
IP Internet Protocol
IPTV Internet Protocol (based) Television
ISP Internet Service Providers
LLC Limited Liability Company (USA Law)
MA Measurement Agency
MBMS Multimedia Broadcast Multicast Service
MHP Multimedia Home Platform
MPEG Moving Picture Experts Group
MRC Media Rating Council
MSO Multiple System Operator
NOI Notice of Inquiry
PC Personal Computer
PII Personally Identifiable Information
TM
PPM Portable People Meter
PSN Placement Status Notification
RF Radio Frequency
RFI Request For Information
SaFI Stewardship and Fulfillment Interfaces
SARFT State Administration of Radio, Film & Television
NOTE: State Administration of Radio, Film & Television (in China, see on the web
http://www.chinaproject.de/Medien/State_Administration_of_Radio_TV.htm).
SCTE Society of Cable Television Engineers
SDO Standards Development Organization
SD(TV) Standard Definition (Television)
SMSI Service Measurement Summary Interface
STB Set Top Box
TV TeleVision
US United States (of America)
UGC User Generated Contents
VoD Video on Demand
4 Discussion
4.1 Why Audience Measurement
Commercial audience measurement has changed considerably since its inception in the 1930s, shortly after broadcasting
began. New technologies developed for the distribution of news and entertainment and new methods of estimating
media audiences developed along with them. These methods relied on advances in data collection, processing
technologies, and statistical methods to improve the collection and analysis of audience information.
Today the audience measurement industry faces challenges testing its resiliency. "Choice" of program and time is now
promoted as one of the main appeals for viewers and listeners of TV and radio. Advertisers, content producers, network
managers and others are interested in who these people are and what programs they chose. Therefore Audience
Measurement is of significant importance to content providers and advertisers in as much as they can be an indicator of
how well and how often audiences view or indicates interest in their product.
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Activity in this area has gone on for many years first using a diary method but, increasingly, more common are
electronic and software methods. Data may be collected in monitoring sessions down to the level of listener opinion of
individual pieces of music or other items, cross referenced against their age, race, economic status and other personal
and social attributes. With any of the methods, special attention should be given to a participant's concerns of privacy
and identity isolation of the collected information from a measurement user or others, as well as attaining permission of
the participant to collect the data. This is further discussed in the next clause.
4.2 Methods of Audience Measurement
Primary methods of Audience Measurement fall under three general categories although mixtures of them are also used.
The categories may be identified as diary, electronic (metered) and software.
4.2.1 Personal diary
The diary method was an early one used by commercial audience measurement firms and relies on individuals keeping
and submitting personal records to a collecting agency central location. A diary is a small foldout pamphlet-style
journal in which the diary keeper records the radio stations, satellite radio channels, Internet radio stations or TV
stations they listen to during each day of the survey period. The diary keeper is supposed to be selected randomly and
be representative of the audience area. They record the time of day, the location, and start and stop times of each
listening occasion.
This method is relatively cheap. Demographic information and other attributes relating to personality, values, attitudes,
interests, or lifestyles (psychographic) may be readily obtained down to a detail desired by the collecting agency. The
method is subject to human frailty of mistakes, forgetfulness, and subjectivity of the individual keeping the diary. It is
also subject to distorted record-keeping intended to reward a station or a "Personality". Even with these deficiencies
many measurement firms believe that the diary method provides the most accurate measurement.
4.2.2 Meters
In more recent times electronic equipment has been developed to track what a consumer watches on TV or is listening
® TM
to on radio. One example is Arbitron 's Portable People Meter (PPM ). This meter is a cell-phone-sized device that
electronically tracks exposure to radio, broadcast, television, and cable media as consumers wear it throughout the day.
An encoder is embedded at the station or network being monitored which emits sub-audible tones that are picked up by
a microphone and processed in the meter.
4.2.3 Software
Software generic methods of Internet Audience Measurement include measurement of:
1) a sample of users who are metered;
2) measurement from analysis of server log files; and
3) measurements from a sample of users who are then surveyed.
In the metered method (1) a passive software meter is installed, sometimes electronically downloaded, at a participating
Internet user's location which automatically transmits measured data back to a central recording location. It thus can
relate activity to specific humans whose demographic characteristics are knowable. And it can measure URL by URL
actual usage of websites. Statistical sampling and sample maintenance are necessary to assure users of the data that a
sample is representative of the situation being tested.
In method (2), utilizing server log files, each time a file is requested from a website, its server records the request and
subsequent actions in a log file thus essentially providing an inventory of activity. The Association for Downloadable
Measurement (ADM) is an industry association focused on providing advertising and audience measurement standards.
Its members include content producers, media companies, advertising agencies, and audience and advertising
effectiveness measurement companies among others. The ADM has established Download Measurement Guidelines
which provide a set of specific measurement methods and techniques that are supported by sellers and buyers of
portable media. Some of the measurement data expected to be logged by the servers includes request information about
the media being downloaded as well as an IP address, Time Stamp, identification of the User Agent making the request
such as a web browser, pod catcher or web bot, the media file requested, the amount of bytes transferred to the media
consumer and others.
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The International Advertising Bureau (IAB) has recently issued a set of Audience Reach Measurement Guidelines [i.3]
which provide the detailed definitions for measurement of Audience Reach related to Internet-based content or
advertising. The Guidelines are intended to cover on-line browser or browser-equivalent based Internet activity and
emerging technology utilizing standard HTTP protocols.
A weakness in these methods is that all activity may not be logged by the server because of caching elsewhere in the
network and the inventory is missing unknown amounts of actual traffic. In the opposite direction the inventory may
overstate the desired traffic count because of robots or spiders that automatically surf the internet to gather information
on various sites, often covertly, and may generate significant log file traffic. A further disadvantage is that demographic
information about the user requesting the file is nearly nil or very difficult to attain.
rd
In the 3 method, a sample of Internet users is obtained and then the respondents are queried through standard survey
methods using telephone, mail, Internet, or in-person interviews. A salient advantage of this method is that apposite
detailed attitudinal, demographic and life style information may be obtained providing for an understanding of the
composition of audiences at various sites.
4.3 Measurement Gordian knot
While "Choice" is now a commanding driver in an individual's program selection, the content producer or advertiser
finds their audiences in a wide range of dispositions, locations and contexts, especially with increasing specialized
programming for specialized audiences.
To obtain an accurate audience measurement of video or radio has become very complex. The complexity can be
appreciated if one considers the many ways available for users to obtain video or radio in real or delayed time, listed
below, along with the trend for globalized advertising, taking into account, that available content is distributed by a
number of services via different networks and to a wide variety of multi-media terminal devices (non-exhaustive list):
Services (Multi-Media, TV and/or Radio):
• Linear Broadcast, incl. HDTV
• Video-on-Demand (Content-on-demand), incl. HDTV
• IPTV (Linear and VoD), incl. HDTV
• Internet (Web) TV, incl. HDTV e.g. via HTTP adaptive streaming protocol
• Mobile TV (terrestrial and cellular)
• (n)DVR (network based)
Networks:
• Terrestrial Broadcast networks (e.g. DVB-T/T2, DVB-H, DAB+, DRM+, HD-Radio, AM, FM)
• Cable networks (e.g. DVB-C/(C2), HFC, FTTH, xDSL
• Satellite networks (e.g. DVB-S/S2)
• Mobile, cellular networks (e.g. content via MBMS)
Terminal Devices:
• TV Receiver (SD/HD-TV) incl. iDTV
• Set-Top-Boxes (STB)
• Hybrid Receiver (Broadcast and Broadband); e.g. iDTV, STB
TM TM
• Blu-ray -Player, incl. BD-live function via Broadband
• DVR (private, user equipment based)
TM TM TM
• Gaming Devices (e.g. Xbox , Nintendo , PlayStation )
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13 ETSI TR 102 688-8 V1.1.1 (2011-05)
TM
• Slingbox
• Radio Receiver (e.g. FM, DAB(+), Web)
• Mobile Phones incl. Smart Phones
• PCs
From this listing it is obvious that an integrated measuring system amalgamating traditional TV, streaming video, in or
out of the home and viewing or listening on a variety of platforms is required. An integration of TV and Internet
measurement augments the complexity necessitating streaming and cross-platform measurements. In this entangled
media environment familiar audience measurement methodologies will prove inadequate. Various organizations are
working to develop new and better capabilities but this may take considerable time and many of which will be
proprietary solutions.
5 Regulatory Factors
5.1 United States
5.1.1 Consumer Privacy: United States
In the United States, communication, collection, retention and disclosure of audience measuring information may be
governed by federal, state, and common law privacy and data retention laws. On a federal level, the Communications
Act of 1934 [i.33], amended in 1996, provides a comprehensive consumer protection framework relating to privacy
with regards to cable network operators or other providers of a subscription video service.
The Communications Act:
• requires such network operators to provide annual written notice to consumers of the nature of personally
identifiable information (PII) collected, including clearly and conspicuously describing how it is used,
disclosed to others, and maintained;
• prohibits network operators from collecting PII without prior customer consent, except as necessary to render
service and detect service theft, and from disclosing PII without prior customer consent, except as necessary to
render services or conduct other legitimate business activities related to rendering service;
• provides detailed requirements governing how subscriber records may be disclosed pursuant to court order;
• requires that subscribers be given access, at reasonable times and convenient locations, to all their own PII that
is collected and maintained, and a reasonable opportunity to correct any errors in PII; and
• requires network operators to take "such actions as are necessary" to prevent unauthorized access to PII,
including destroying it if it is no longer necessary for the purposes for which it was collected and there are no
pending court orders or requests for access to such information.
The United States Federal Trade Commission's "Self-Regulatory Principles for Online Behavioral Advertising", issued
in February 2009, raise questions as to whether all information about a consumer, not just PII, should be protected.
While these principles do not create a regulatory obligation, they may provide an indication of where regulations may
be heading with regard to consumer information.
In addition, in accordance with section 222 of the Communications Act, network providers of voice services, analog,
digital, wireline and wireless must protect the confidentiality of customer proprietary network information, ("CPNI").
CPNI consists of information such as the time, date, duration and destination number of each call, the type of network a
consumer subscribes to, and any other information that appears on the consumer's telephone bill.
ETSI
14 ETSI TR 102 688-8 V1.1.1 (2011-05)
The foregoing assumes that all audience measurement will be done on a voluntary basis with the acquiescence and
knowledge of each person in the audience who is providing measurement data. If this is not the case, legal complexity
will arise in order to meet U.S. laws such as:
• the Electronic Communications Privacy Act [i.12], which governs the interception of a communication;
NOTE: Law enforcement's interception of communications is permitted under the Electronic Communications
Privacy Act [i.12]. What may be collected and what is required for collection from the
telecommunications provider is governed under Communications Assistance for Law Enforcement Act
[i.11].
• the Stored Communications Act [i.13], which governs the disclosure of private communications stored on a
third party's server and the Video Privacy Act, which governs the disclosure of video rental information.
An example of a means of unconscious audience measure, within the context of the Internet, is the use of deep packet
inspection (DPI) devices which might leed to conflict with data protection legisléation in some countries. DPI is a form
of computer network packet filtering. These devices have the ability to look at Layer 2 through Layer 7 of the OSI
model. This includes headers and data protocol structures as well as the actual payload of the packet as it passes an
inspection point. In addition to using DPI to secure their internal networks, Internet service providers (ISP) also apply
this technology on the public networks provided to customers. Common uses of DPI by ISPs are lawful intercept, which
is also required by various governments around the world and their agencies, network policy definition and
enforcement, targeted advertising, quality of service, offering tiered services, and copyright enforcement.
Legal issues have arisen in the United States and in the United Kingdom when DPI was used for targeted advertising
based on web browsing behaviour; similar legal implications need to be taken also into account in Germany and other
countries.
Packet inspection serves a number of pro-consumer purposes. First, it can be used to detect and prevent spam and
malware, and protect subscribers against invasions of their home computers. It can identify packets that contain viruses
or worms that will trigger denial of service attacks; and it can proactively prevent so-called Trojan horse infections from
opening a user's PC to hackers and surreptitiously transmitting identity information to the sender of the virus. Packet
inspection can also be used to help prevent phishing attacks from malicious emails that promote fake bank sites and
other sites. And it can be used to prevent hackers from using infected customers' PCs as "proxies," a technique used by
criminals, in which user PCs are taken over and used as jumping-off points to access the Internet, while the traffic
appears to be generated by the subscriber's PC. As a result, the technology can be used in spam filters and firewalls.
Second, packet inspection can be used for network diagnostics and capacity planning. Network operators cannot plan
for network growth without understanding how Internet traffic is growing and the uses to which it is put. By using this
technology to analyze the aggregate growth and usage changes in network traffic patterns over time, network operators
can anticipate the needs of their subscribers and appropriately plan for network growth.
Third, packet ins
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