Madeline Scullin-Baccarella

NC State University
121 Peele Hall, Campus Box 7103
Raleigh, NC 27695-7103

Jessica Rosenworcel
Jessica.Rosenworcel@fcc.gov
Federal Communications Commission
445 12th Street, SW
Washington, DC 20554

April 16, 2019

Dear Jessica Rosenworcel,

Since 2016, Twitter has allowed advertisers to collect data on our users’ use of emojis, in order
to tailor advertisements individually for each person1. While tailoring advertisements can be a
beneficial aspect of this practice, the downfall is that people do not know that their information is
being used, which can lead to future problems. The main problem this can lead to as users find
out that their emojis are being tracked, is that they will be upset with Twitter for allowing
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advertisers to see their emojis, and will become more concerned about their privacy . Although
emojis might seem ambiguous and that they would not lend any personal information, they are
used in a somewhat intimate context, so users may not want advertisers to see them. Although
internet users are already aware that some of their online information is being tracked, it is not
very personal information. The information that people know is being tracked is usually just data
that gives advertisers the ability to see what people are browsing the internet for and products
they might be interested in, but they do not realize their emojis are being tracked. For an
advertiser, knowing how people feel is immensely valuable; because this emoji tracking feature
will allow them to deliver more relevant ads3. But, because people use emojis to express their
personal feelings and emotions, they might feel strange about advertisers wanting this
information, and it could make many people uncomfortable that their emotional state is being
monitored and used for an advertiser’s benefit. Because of this, it is unethical that advertisers can
see the emojis that people utilize for personal enjoyment for their own benefit.

As a commissioner at the Federal Communications Commission (FCC), I know that you work to
promote better opportunity and accessibility to ensure that all Americans have an equal chance to

1​
www.dailymail.co.uk
2
​www.vox.com
3
​www.vox.com
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be successful in the 21​st​ century world . Based on your values, I believe that this issue is
important to you because many people who use Twitter use it for personal reasons, such as
sharing personal information or contacting people who they have personal relationships with.
Because of the personal atmosphere, the information that users are sharing is not meant to be
seen by anyone besides the people they allow to see it. Although emojis are not as personal as
specific words people are using, they still give advertisers an idea of what users are interested in
and what kinds of information they are sharing online. If people were more aware of advertisers
tracking their emojis, they may not share information as freely, which can hinder using the
internet to its full potential and limit the ability to succeed for people who are utilizing the
internet as a tool. The internet has the potential to be a useful tool in many aspects, and already is
in some ways, so it would be unfortunate if people avoid using the internet to its full potential
because of advertisers tracking their emojis. This is an issue that is important to fix, because it is
an invasion of privacy. Issues that have to do with privacy invasion have been dealt with in other
countries, but not to the same extent in the United States.

A good example of regulating the invading of peoples’ privacy can be seen in the cookie law in
the European Union. In May 2011, the European Union created a cookie law that gave
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consumers the right to refuse the use of cookies that invaded their privacy . This was because
many people were becoming concerned for their privacy and would try to actively avoid
websites that used cookies completely. Cookies track a person’s internet usage and use it to tailor
what each individual will see on the internet. The phenomena of advertisers tracking users’
emojis should be dealt with similarly to the cookie law. Like the cookie law in the European
Union, users in the United States should be given the option to opt-out of emoji tracking. If other
countries are already working on securing internet users’ privacy, the United States should
follow in their footsteps. The United States does not have a cookie law, so creating a law that
regulates cookies, tracking of emojis, and other tracking scenarios would cover all aspects that
would need to be regulated in order to ensure internet users’ privacy. The cookie law is a good
example of how to dictate advertisers’ permission to track online personal data.

There is a simple way to solve this problem. My proposed solution is to use something similar to
the Cookie Law to ask for user’s permission to use their emoji data so that they are aware that it
is going on, and so that they know if their posts are secure or not. Although Twitter already has a
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webpage that explains their use of cookies , emoji tracking is not addressed specifically. There
needs to be a clear line of communication between advertisers and internet users, so that internet
users are aware of what advertisers are doing and ensuring that advertisers are not hiding

4​
www.fcc.gov
5​
www.cookielaw.org
6​
help.twitter.com
anything about their practices. An explanation from advertisers of why they are tracking peoples'
internet usage and how they are using it to benefit the internet users in the end could also
convince people to be more open to their personal data being tracked. My overall goals are to
make internet/social media users aware that everything they are posting is being tracked,
meaning their posts are not secure and private, and give these users an option to allow their
website usage to be tracked or not.
In terms of cost, the FCC would need to pay their employees for the meetings and discussions
used to formulate the new rules that are proposed in my solution. But, because an online
discussion between advertisers and internet users does not require any tangible supplies, the only
cost outside of the FCC that would need to be covered would be to for the advertising company
to possibly pay the advertisers for their extra work, but it is up to the advertising company to
decide if they want to pay their employees for this task. But because the FCC would make this
solution a requirement, they would not need to pay advertisers to follow the laws, because they
are automatically required to do so.

I believe this is an important issue that needs to be fixed so that people feel secure while using
the internet, and so that advertisers are required to explain what they are using users’ data for.
This will ensure that the internet can be used to its full potential. Thank you for considering my
solution to this important issue.

Sincerely,

Madeline Scullin-Baccarella
 Works Cited

Cardinale, Alexandra. “Why Advertisers Are Tracking Your Emojis.” ​Vox,​ Vox Media, 12 Dec.
2018, www.vox.com.

Federal Communications Commission,​ Federal Communications Commission, www.fcc.gov.

“Our Use of Cookies and Similar Technologies.” ​Twitter​, Twitter, Inc., help.twitter.com.

Palmer, Annie. “Privacy Fears as Report Reveals Advertisers Track Which EMOJI You Use to
Determine Your Emotional State.” ​Daily Mail​, Associated Newspapers Ltd, 14 Dec.
2018, www.dailymail.co.uk.

“The Cookie Law Explained.” ​Optanon,​ OneTrust, www.cookielaw.org.