Online tracking devices – commonly referred to as cookies – and the industries involved in their proliferation are attracting increased attention from lawmakers in response to an upswing in consumer complaints and litigation. As a result of recent public scrutiny and ensuing litigation, the Federal Trade Commission is expected to review its current privacy guidelines and possibly introduce a do not track registry (like the do not call list that governs telemarketers). Whatever the eventual outcome and response from legislators and regulators, the current backlash will have significant impact on the ever-burgeoning online advertising industry. Here are some of the issues at stake.

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