Welcome to CMOR's Monthly e-newsletter, a tool for CMOR members to keep abreast of the latest issues and movements in the Government Affairs and Respondent Cooperation departments.If you are interested in advertising in the newsletter or have other questions, please call 860-571-6838 or contact mailto:info@cmor.org
Inside
Top News - State Update
National News
Respondent Cooperation Update
For Immediate Release

Message from Donna Gillin

Government Affairs Workshop

MORE CONSUMER/RESPONDENT CONTROL OF DATA, BECOMES AN INDUSTRY THREAT

By LaToya Deann Rembert Esq. CMOR Government Affairs Analyst

State legislation is at an interesting juxtaposition. States in session are still considering and adopting legislation aimed at protecting privacy. Other states, however, have begun the process of filing new legislation for the upcoming 2005-2006 legislative session (what we call “pre-filing”). As CMOR predicted, the legislative focus remains on privacy. The impact is so great, that legislation previously introduced in the early months of 2005, are now being amended and adopted at a rapid succession. More

THE HOME STRETCH: CONGRESS AFTER AUGUST RECESS
By Brian Dautch, CMOR Director of Government Affairs
 

Congress has been in recess throughout August and will return after Labor Day. From then until the end of the 2005 session, the House and Senate may complete some of the bills CMOR has been monitoring and reviewing throughout the year.

While Congress is officially slated to adjourn for the year on Friday, September 30th, most observers -- including many on Capitol Hill -- believe that lawmakers will be in Washington past that date. This possibility is due in part to the Senate’s need to pass a number of appropriations (spending) bills, as well as the Supreme Court confirmation hearings of Judge John Roberts. Congress could remain on Capitol Hill as late as Thanksgiving.

How does this impact us?

Spyware: The House of Representatives has passed HR 29, a bill that does not harm survey research. As originally written, HR 29 would have included “cookies,” a technology that often enables online research and advertising, as part of its definition of “spyware.” (For a more detailed definition, please see the March 2005 newsletter, available to CMOR members on http://www.cmor.org/.)

Significantly, HR 29 supersedes any state-level laws or regulations pertaining to similar activities, including spyware-related fraud, deceptive conduct, etc. The preemption of state law is an important step in any area of legislation, because it allows researchers to follow a single federal standard instead of a wide variety of diverse state laws.

After CMOR’s intensive lobbying and the lobbying of other like-minded organizations, the House Energy and Commerce Committee (which authored the legislation) chose not to include cookies as part of its definition of spyware.

Senate bill S.687 , a similar measure, is still under consideration by the Senate Commerce, Science, and Transportation Committee. While this measure is still subject to amendments, we are not concerned by its nature. S. 687 specifically states that it applies to software, and that cookies are not software.

While other spyware-related bills have been passed by one house of Congress or the other, these two measures are expected to receive the broadest support. Ideally, a conference of congressmen and senators would reconcile the two bills, and the final version would be sent to the White House for an authorizing signature.

Unlike HR 29, S.687 would not supercede state laws or requirements.

It is unclear whether this process will continue to evolve in 2005 or wait until 2006, but in either case the situation looks promising.

Data Breach/Identity Theft:

Both the House and Senate have been working hard to produce legislation in response to several infringements of Americans’ sensitive personal data. Such data has ranged from social security numbers to credit card information, and millions of Americans have been or can potentially be affected.

It was recently reported by Congress Daily (a Washington political newsletter) that complaints of identity theft more than doubled from 2002 to 2004, according to the Federal Trade Commission. The article states that credit card fraud accounted for 28 percent of these reports. Phone utilities fraud and bank fraud weren’t far behind, and employment fraud comprised a sizeable percentage as well.

Our concern was that one or more of these bills would include the sort of personal information typically collected by survey and marketing researchers, which is rarely financial or highly sensitive in nature. We urged both houses of Congress to regulate where the problems actually lie—with the types fraud that are not perpetuated by our profession.

We are happy to report that legislative progress has been just as we hoped--so far. Many of these bills are in earlier stages than the spyware legislation mentioned above, so it is difficult to predict what the final product will be. However, the relevant bills are targeted primarily toward “bad actors”— those who misuse or fail to properly protect sensitive and/or financial data — than toward “good actors” such as survey researchers.

These are the two types of bills CMOR expects Congress to revisit after Labor Day. Should other issues arise, or should the spyware and/or data breach bills take a surprising turn, CMOR will be monitoring, and more importantly acting , in defense of the opinion and marketing research profession.

Did You Know?
 
A privacy policy should explain how personal information is stored and protected.
 
To learn more, visit the Government Affairs "members only" portion of the CMOR Website!
For Immediate Release
CMOR ANNOUNCES NEW DIRECTOR OF OPERATIONS, NEW WEB SITE, NEW TAGLINE
 

BETHESDA, MD, September 6, 2005 - The Council for Marketing and Opinion Research (CMOR) today named Donna Gillin to the post of Director of Operations of CMOR. Though Gillin has not been associated with CMOR for the past year, her roots with the organization are deep, having previously served in several capacities, including Legislative Assistant, Research Counsel, and most recently Director of Government Affairs of CMOR from 1994 though 2004. She is considered the parent of privacy and government affairs for the marketing and opinion research profession.

Click here to read the full press release.

 
A Message From Donna Gillin
CONTINUING OUR WORK AND LOOKING TO THE FUTURE
By Donna Gillin, CMOR Director of Operations
 

As the new Director of Operations at CMOR, I am looking forward to working with CMOR and industry members on issues related to Government Affairs and Respondent Cooperation.

My history with CMOR is a long one, beginning in 1994, when I started as Legislative Assistant, monitoring and responding to legislative issues on behalf of the industry. After graduating law school, I returned to CMOR in 1997 as Research Counsel, working on legislative, regulatory and respondent cooperation issues, and was Director of Government Affairs from 1999 through 2004.

Although the industry continues to be presented with challenges and threats in the areas of respondent cooperation and government affairs, CMOR continues our vital work on behalf of the industry. I am excited to be returning to CMOR and heading up these two important initiatives.

As part of our efforts, we recently held Government Affairs and Respondent Cooperation Workshops in Washington, DC. These Workshops provided information on the atmosphere surrounding survey research and imparted information and tools for attendees to implement in their jobs and companies. Included among the key presenters and presentations was a presentation by Federal Trade Commission (FTC) staff member Keith Fentonmiller, as well as a presentation of the new Interviewer Training Modules, created jointly by CMOR and MRA.

At the Workshops, we also unveiled our new tagline of "Shielding the Profession," demonstrating to attendees what the profession would be like if CMOR were not in place. We also announced the launch of our newly designed website (http://mail.yahoo.com/config/login?/outbind://7/www.cmor.org). The website will provide a greater scope of information, be more user-friendly and be an even greater tool for our members, including a new interactive “State Resource Map” enabling survey research professionals to read about legislative issues and initiatives on a state-by-state basis.

I am excited about the opportunity this new position presents and will work to make CMOR an ever stronger advocate and resource for our members and the industry as a whole. We ask that you help us continue our vital role by supporting CMOR and in working with us on our important initiatives.

"PROTECTING OUR ASSETS" - RESPONDENT COOPERATION WORKSHOP 2005 IN WASHINGTON, D.C.

By Harry Heller, CMOR Director of Respondent Cooperation

 

September 7th to 9th in Washington DC was the time and venue of this year’s Respondent Cooperation Workshop. Over 160 attendees representing all phases of Marketing Research and Opinion Research met in the Hotel Washington, a stone’s throw from the White House, to learn and advance the challenges to increasing respondent cooperation.

This year, the conference lasted three days, enabling CMOR to introduce three new training modules – Avoidance Refusal Training, Supervisor Communications Skills and Voice Training. A sample training module of each was presented using the attendees as trainees with Kathy Pihuj and Patricia Pruitt of Scarborough Research as the trainers. All 23 training modules are available from CMOR in CD for purchase.

The Workshop also included sessions on:

  • Issues and techniques arising when interviewing Hispanics and African Americans.
  • Efforts to increase cooperation in political polling during the 2004 elections
  • Latest trends and results in Avoidance Refusal Training (ART)
  • How to improve cooperation across all methodologies (mail, phone, internet)
  • What is happening in sampling for: cell phones/portability, address-based sample
  • Ways to market your company and industry to improve respondent cooperation, including the CMOR Industry Identifier
  • Supervisory Training in Telephone Interviewing Centers
  • A quick review of past federal/state activities that affect research

The three day Workshop concluded with a brainstorming session, where attendees discussed the training information presented during the Workshop. This information will be summarized and presented to the attendees and posted on the website.

Response to the conference was enthusiastic and positive throughout the sessions. The Agenda Committee will be analyzing the sessions and workshop evaluations, in order to plan another meaningful and useful respondent cooperation workshop in 2006. Within the next three months, the proceedings, brainstorming ideas, and presentation material will be available for purchase on the CMOR website, so look for that notice if you’re interested in gaining some new insight into ways to increase cooperation in the survey process.

We wish to thank the those CMOR and industry members that assisted us in putting together this successful event...

The Members of the Workshop Agenda Committee:

Diane Burkom, The Battelle Organization
Nancy Hayslett, On-Line Communications
Harry Heller, CMOR
Robie Sangster, Bureau of Labor Statistics
Kathy Pilhuj, Scarborough Research

And our Sponsors:

  • Battelle Centers for Public Health Research and Evaluation
  • Braun Research, Inc.
  • ComScore Networks
  • Information Alliance
  • Marketing Systems Group
  • On-Line Communications, Inc.
  • Proctor & Gamble Company
  • Greenfield Online
  • Scarborough Research
  • Taylor Research Inc.
  • Voter Consumer Research
  • Western Wats Center
  • Schlesinger Associates
  • Sharon Mutter Field Sourced, Inc.

Click here to learn more about the Respondent Cooperation Workshop!

 
Government Affairs Workshop Recap

On Tuesday, September 6th, CMOR held its Government Affairs Workshop at the Hotel Washington in Washington, DC.  Virtually every area of survey and market research was covered by both speakers and attendees.

The Workshop began with a comprehensive federal update by CMOR’s Director of Government Affairs, Brian Dautch, followed by a presentation of the wide range of state level issues by Government Affairs Analyst LaToya Rembert.

The Workshop further included a “shotgun panel” of speakers representing the entire profession. Click here to read the full article!

 
 
Top News (Cont'd from top)

As part of this onslaught, more states are concerning themselves with issues such as identify theft. They are also seeking to empower the public with control over their information and in doing so, may trigger consequences for survey research activities. Privacy, especially data privacy, remains a focus and will, in all likelihood, re-emerge in upcoming legislation. CMOR will continue to diligently monitor any developments in privacy and all other areas that may impact the survey research industry and be ready to take action to protect survey research.

Privacy Legislative Action Continues, More Consumer Control

As CMOR has mentioned in previous newsletters, states are seeking to give consumers (and therefore respondents) more control over their personal information. This trend is one that will likely be adopted across the country. Although many state privacy bills that have been enacted into law do not have any current, direct implications for survey research, the context and the theme remain a constant threat. Consumer/respondent control over their personal data is increasing. More importantly, the media and legislative focus on identity theft and the need to protect personal information continues. The widespread protection of privacy could have a detrimental impact, including the non-disclosure of respondent demographic information for fear that it represents personally identifiable information. CMOR is watching the evolution of privacy legislation and will be ready for action whenever it is needed.

A sampling of these types of bills is included below:

Pennsylvania has sought to take significant action against the crime of identity theft. The state has introduced two bills that provide an identity theft database and allow victims to report identity theft.

New York has adopted two bills related to information and security. The first bill requires states agencies and businesses to notify consumers if their personal information is vulnerable to use by unauthorized persons. The state has also adopted legislation to make technical changes to the information security breach and notification act that provides detail and clarity to certain provisions of the act.

North Carolina has adopted the Identity Theft Protection Act of 2005. The act allows a consumer to obtain a security freeze on their credit report and offers protection against business usage of social security numbers, and provides that notice must be provided in the event of a security breach.

Illinois has also adopted legislation that provides certain exemptions to the state’s Freedom of Information Act.

Florida has filed a consumer credit report information bill that would allow consumers to place a security freeze on their credit reports. CMOR will continue to monitor and respond to legislative activity across the country. If you would like further details about the legislation mentioned in this article or other state legislative please contact CMOR’s Government Affairs Analyst, Toya Rembert, Esq. at 301.654.6602 or via email at lrembert@cmor.org.

Top

 
If you would like to be removed from all CMOR emailing lists, please email info@cmor.org, and include your name
so we can find you in our database.