Surveillance-based advertising permeates the internet today, creating a number of highly problematic issues for both consumers and for businesses. We are writing to you in order to ask for action on this issue on both sides of the Atlantic. In the EU, we urge you to consider a ban on surveillance-based advertising as a part of the Digital Services Act. In the US, we urge legislators to enact comprehensive privacy legislation.

Commercial surveillance and exploitation of consumers is now the norm across the internet. As we use various digital services, we are constantly monitored by a large number of commercial actors under the guise of showing us more relevant advertising. It is time to take a step back and consider the problems that this model has created and to imagine a new normal that empowers and protects consumers.

The challenges caused and entrenched by surveillance-based advertising include, but are not limited to:
* privacy and data protection infringements
* opaque business models
* manipulation and discrimination at scale
* fraud and other criminal activity
* serious security risks

In the following chapters, we describe various aspects of these challenges and point out how today’s dominant model of online advertising is a threat to consumers, democratic societies, the media, and even to advertisers themselves. These issues are significant and serious enough that we believe that it is time to ban these detrimental practices.

A ban on surveillance-based practices should be complemented by stronger enforcement of existing legislation, including the General Data Protection Regulation, competition regulation, and the Unfair Commercial Practices Directive. However, enforcement currently consumes significant time and resources, and usually happens after the damage has already been done. Banning surveillance-based advertising in general will force structural changes to the advertising industry and alleviate a number of significant harms to consumers and to society at large.

A ban on surveillance-based advertising does not mean that one can no longer finance digital content using advertising. To illustrate this, we describe some possible ways forward for advertising-funded digital content, and point to alternative advertising technologies that may contribute to a safer and healthier digital economy for both consumers and businesses.