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TitreDateDurée
Omar Tawakol, founder of BlueKai, talks about his new start-up Rembrandt that just raised $23 million for AI product placement15 Jan 202500:32:51
Omar Tawakol was the founder of BlueKai, a seminal company in the third-party data and DMP spaces. He talks to Alan about privacy, identity, and his new start-up Rembrandt that just raised $23 million for AI product placement. Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 12: Standards for data clean rooms with Jules Polonetsky and Doug Miller08 Jan 202500:39:18
Jules Polonetsky and Doug Miller of the Future of Privacy Forum join Alan Chapell to talk clean rooms. Are standards needed for data clean rooms? Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 3: Terry Kawaja on the impact of the FTC on M&A and a potential Google spin-out23 Oct 202400:41:39
Terry Kawaja of Luma Partners comes on to discuss a wide range of tropics including Lina Kahn's effect on the M&A market and the potential for a Google spin-out. Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 2: Tim Cowen on the proposed search antitrust remedies15 Oct 202400:34:17
Tim Cowen, the Chair of the Antitrust Practice at Preiskel & Co LLP comes on the show to talk with Alan and Ari about the DOJ's remedies framework and how it might play out. Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 1: Jason Kint and Alan Chapell on what's next for Google07 Oct 202400:34:40
This is our inaugural episode of the latest podcast from Marketecture, The Monopoly Report. Hosts Ari Paparo and Alan Chapell will be interviewing legal, policy, and business experts about the ongoing antitrust cases against the advertising giants. Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 11: Alysa Hutnik on CIPA lawsuits and the implications for privacy law18 Dec 202400:33:56
Alysa Hutnik is a privacy law expert at Kelley Drye & Warren and she and Alan talk about the strange phenomenon of CPIA lawsuits using wiretapping statutes. Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 10: David LeDuc of the NAI11 Dec 202400:34:43
The NAI is a trade association that was formed 25 years ago to create privacy standards for digital advertising. David has been with the NAI for six and a half years and has previously worked on public policy and legislative issues in the software industry. Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 9: Don Marti on the politics of browsers04 Dec 202400:32:05
Don is the VP of Ecosystem Innovation at Raptive, and spent over four years at Mozilla. We have a wide-ranging conversation about the browsers, do not track, and how they may innovate in a post-antritrust world. Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 8: Garrett McGrath of Magnite on Sandbox and the CMA27 Nov 202400:31:46
The latest episode of the Monopoly Report dives deep into the complexities surrounding Google's Privacy Sandbox and the implications of the deprecation of third-party cookies. Host Alan Chappelle welcomes Garrett McGrath, SVP of product at Magnite and board chair for Prebid, to discuss the challenges and nuances of the evolving ad tech landscape. They explore the UK Competition and Markets Authority's investigation into Google's plans and the potential impact on competition within the advertising ecosystem. Garrett sheds light on the technical intricacies of the new APIs, emphasizing concerns about latency and the inherent advantages they may provide Google over competitors. As the conversation unfolds, they also reflect on the broader ramifications for publishers and the open internet, questioning whether the industry's focus on the Privacy Sandbox has diverted critical resources and attention from more pressing issues. Takeaways: The UK Competition and Markets Authority is investigating Google's deprecation of third-party cookies and its competitive impact. Garrett McGrath emphasizes the challenging nature of the W3C working group's process and alignment issues. Google's decision to offer a choice prompt regarding third-party cookies raises questions about user privacy and competition. The recent CMA reports suggest a governance framework that might allow Google to self-regulate its practices. Garrett expresses concerns about the potential negative effects of the Privacy Sandbox on the open internet. The effectiveness of on-device auctions in browsers remains untested at scale, raising practical concerns. Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 7: Bill Wise on the Google monopoly and what to do (or not do) about it20 Nov 202400:34:00
The latest episode of the Monopoly Report brings guests Bill Wise from MediaOcean to discuss the ongoing cases brought by the DOJ and the UK Competition and Markets Authority, emphasizing the potential for structural remedies that could reshape the advertising landscape. Bill shares his insights on how Google's competitive strategies have positioned them at the forefront of the industry and whether their practices could be seen as monopolistic. The conversation also touches on the challenges of the Privacy Sandbox initiative and the complexities surrounding data access and consumer privacy in digital advertising. tMbIR9G5VUTluDETcNKx Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 6: Duncan McCall on Protecting Consumer Location Data13 Nov 202400:31:24
Alan Chapell and Duncan McCall talk location privacy in the advertising industry, highlighting the pressing need for better consumer protection. They discuss how the precise location space has faced significant scrutiny due to privacy concerns, particularly as real-world examples of harm emerge. Duncan shares insights from his experience founding PlaceIQ, illustrating how the landscape has evolved from basic location data usage to more sophisticated targeting and analytics, while also addressing the challenges of fraud and misinformation. The conversation emphasizes the importance of self-regulation within the industry and the role of major tech companies in shaping privacy rules, often prioritizing their business interests over consumer welfare. As they explore the balance between innovation and ethical practices, they underscore the ongoing struggle to keep consumer data safe in an ever-evolving digital environment. Companies mentioned in this episode: Google Apple Amazon Meta Walmart Planned Parenthood Blue Kai Reclaim Fetch PlaceIQ Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 5: What we learned from the updated DOJ and Google findings of fact06 Nov 202400:28:55
We got a last minute document dump as 1,000 pages of "facts" were published ny the DOJ and Google in advance of final arguments in the ad tech antitrust case. Alan and Ari try to figure out what it all means. Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 4: Is Tik Tok really going to get banned? With Megan Gray.30 Oct 202400:31:08
Well, is it? We walk through the law, the court case, and the politics of a Tik Tok ban. Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 18: Eric Seufert on whether Europe will kill Apple's ATT19 Feb 202500:36:49
Eric Seufert of Mobile Dev Memo joins Alan to talk about Apple ATT and the latest decision coming from Germany's Federal Cartel Office (the Bundeskartellamt). Eric shares helpful background on ATT and why competition regulators are taking issue with Apple on competition and privacy.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 17: Ana Milicevic of Sparrow Advisors on cookies, the DMV and the past and future of adtech12 Feb 202500:33:48
On this episode, host Alan Chapell has a candid discussion with Ana Milicevic about how content monetization lost its way, the risks of over simplification of privacy and the end of an Internet without borders. There's also a lesson to be learned about why Ana doesn't like the DMV. Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 16: Ricky Sutton of the Future Media newsletter and podcast05 Feb 202500:33:33
In this Episode, host Alan Chapell talks about the historical and existential challenges being faced by the news publishing industry with journalist and tech entrepreneur Ricky Sutton of the Future Media newsletter and podcast. They discuss what publishers need to be thinking about as they combat big tech. Tl:dr - robust antitrust enforcement is only step one.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 15: Arielle Garcia on the Omnicom IPG merger and agencies competing with big tech29 Jan 202500:33:03
Host Alan Chapell talks about the proposed Omnicom IPG merger and the future of agency holding companies with Arielle Garcia of Check My Ads.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 14: Julia Shullman on Google's device fingerprinting policy shift22 Jan 202500:33:44
On this episode of the Monopoly Report, host Alan Chapell discusses Google's December 2024 policy shift on device fingerprinting with adtech privacy and legal thought leader Julia Shullman. They attempt to place historical context on the definition of device fingerprinting and speculate on Google's rationale - both for Google's recent about face and for instituting the anti-fingerprinting policy in the first place. They also talk about changes coming to the CTV ads and privacy space and share a few stories outlining how difficult it can be to gain consensus in the ads space when it comes to industry standards.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 19: Peter Craddock on the history of consent and personal data26 Feb 202500:41:52
Peter Craddock joins Alan to talk about the history of consent and personal data under EU data protection law - and the evolution of cookie walls, paywalls, and "Pay or Consent" as used by large platforms.   Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 20: Eric Goldman on Section 23005 Mar 202500:35:50
In this episode, host Alan Chapell chats with Professor Eric Goldman from Santa Clara University Law School. They talk about Section 230 of the Communication Decency Act: how it came about, why it was critical to the growth of the consumer Internet economy and how it remains an essential (but under-discussed) part of the digital ads space to this day. They also talk about how Section 230 is coming under attack and share a few predictions.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 23: Rick Bruner - The value prop of measurement26 Mar 202500:30:07
Research and measurement guru Rick Bruner joins Alan to discuss how measurement fits into the ads space - and stirs the pot a bit re: the need for identity in measurement. Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 22: Jessica Lee on navigating the health targeting rules19 Mar 202500:33:34
Alan Chapell speaks with Jessica Lee from Loeb & Loeb on the challenges of navigating the health targeting space in the U.S. and Europe. Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 21: Omer Tene talks generative AI12 Mar 202500:28:26
Omer Tene joins host Alan Chapell to discuss generative AI and how to approach an AI impact assessment. Alan also recalls some uncomfortable discussions with tech founders.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 24: Rich Caccappolo - Can Publishers win the Peace?02 Apr 202500:40:53
Rich Caccappolo of DMG joins Alan Chapell to discuss news publishers' approach to content monetization and AI amidst all the regulatory noise.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 26: Will deprecating cookies improve the quality of the ads space?23 Apr 202500:34:12
Alan Chapell is joined by media futurist and former Googler Erez Levin - who makes the case for improved metrics and incentives in digital media. Erez suggests that third-party cookie deprecation and potential antitrust break up of big tech could serve as a means to reboot the ads space towards better outcomes. Alan mixes his Dylan metaphors to make a point that forced blindness carries its own risk. Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 25: Rob Leathern - Why We Haven't Fixed Online Advertising Yet 09 Apr 202500:34:29
Rob Leathern joins host Alan Chapell to discuss and debate Rob's 10 step plan for fixing the ads space - and why those things probably won't happen. Rob's Notes 19: Why We Haven't Fixed Online Advertising Yet Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 28: Professor Daniel Solove on Privacy07 May 202500:41:04
In this episode, Alan Chapell chats with GW law school professor Daniel Solove about his latest book "On Privacy and Technology" as they try to find common ground between under and over regulation of the ads space. Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 27: Richard Kramer on Google Antitrust Remedies30 Apr 202500:40:56
Alan Chapell speaks with Richard Kramer from Arete Research about the pro's and con's of various remedies being discussed in connection with Google's search, ad tech and Privacy Sandbox cases. Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 29: Privacy Enhancing Technologies with Brian May14 May 202500:35:20
Privacy technologist Brian May joins Alan Chapell to discuss the pro's and con's of Privacy Enhancing Technologies (PETs) within the ads space - and how sometimes we need to collectively take difficult steps in order for the industry to prosper. Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 33: Jonathan Kanter on Antitrust & Search11 Jun 202500:37:06
Jonathan Kanter joins host Alan Chapell to discuss the changes to antitrust enforcement over the past five years and how those changes were reflected in the DOJ's enforcement against Google in the search antitrust trial. Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 32: Kids privacy in the ad space with Gary Kibel04 Jun 202500:35:07
In this episode, Alan Chapell chats with Gary Kibel of the law firm Davis & Gilbert about children's privacy in the ads space. We start back in 1998 with the Children's Online Privacy Protection Act (COPPA) and share how the FTC has revamped COPPA via rulemaking over the years. We also discuss state level privacy laws' approach to children's advertising, KOSA and the likelihood of the U.S. Congress enacting COPPA 2.0. We end with a discussion of Congress potentially preempting State AI laws. Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 31: Dennis Buchheim Part 2 - on Privacy Enhancing Technologies & Standards.28 May 202500:34:40
Alan Chapell and Dennis Buchheim talk about the future of addressability and how to create ad standards which are both principled and fair. We also question the value of legacy tech in the ads space.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 30: Dennis Buchheim Part 1 - on industry trades21 May 202500:32:58
Alan Chapell and Dennis Buchheim go deep on some of the historical challenges faced by IAB TechLab as it created Project Re arc and started moving towards a post-cookie ad space starting in 2019. Learn more about your ad choices. Visit megaphone.fm/adchoices
Epispde 39: The Google Search Antitrust Remedies23 Jul 202500:38:12
Megan Gray joins host Alan Chapell for a discussion of the various remedies being proposed in the Google Search Antitrust Trial with the DOJ as we head towards Judge Mehta's decision in that case later this summer.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 38: Impact of FTC v Meta with Brendan Benedict16 Jul 202500:48:49
The Meta antitrust trial has been undercovered with in the ads space. Host Alan Chapell brings antitrust litigator Brendan Benedict on to get a sense of the core arguments of both the FTC and Meta and make some predictions on how this case will play out.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 37: Rescuing Privacy and Consumer Protection w/ Samuel Levine09 Jul 202500:55:04
Former Director of the Bureau of Consumer Protection at the FTC Samuel AA Levin joins Alan Chapell to discuss a recent law review article he co-authored, how privacy and consumer protection were undercut during the 1980's, and how the Lina Kahn FTC sought to bring them back. Within the context of the digital ads space, they discussed: DNT, Industry self-regulation, notice and choice and the pro's and con's of a harms based approach.  Check out the Stanford Law Review article Sam co-authored with Lina Kahn and Stephanie T. Nguyen titled: After Notice and Choice: Reinvigorating “Unfairness” to Rein In Data Abuses. The article is available at: https://www.stanfordlawreview.org/print/article/after-notice-and-choice-reinvigorating-unfairness-to-rein-in-data-abuses/ Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 36: Buy side vs Sell side vs Regulatory side02 Jul 202500:44:36
Host Alan Chapell moderates a debate between Erez Levin (buy-side) and Gareth Glaser (sell-side) on how the ad tech marketplace is shifting while interjecting a few nuggets about the role of privacy and competition as we look towards 2026 and beyond.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 35: Industry Trade Reporters vs Spin25 Jun 202500:39:04
Journalist Marty Swant (Digiday, Forbes, NY Times) joins Alan Chapell to talk about the ways an ad industry trade journalist combats spin in their search for truth. Marty also drops some thoughts on key trends in the ads space that are not getting nearly enough attention. Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 34: Jonathan Kanter on digital media & ad tech18 Jun 202500:24:26
In part two of this two part interview, host Alan Chapell and Jonathan Kanter go deep on the Google ad tech antitrust trial remedies phase.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 41: DuckDuckGo on balancing privacy and competition in the ads space06 Aug 202500:52:06
Kamyl Bazbaz and Joseph Jerome from DuckDuckGo join Alan to discuss the role of the browser, the intersection between privacy and competition and how DuckDuckGo differentiates itself within the craziness of larger ads space.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 40: Google's Ad Dominance with Ari Paparo30 Jul 202500:39:09
Ari Paparo and Alan Chapell discuss Ari's new book Yield: How Google Bought, Built, and Bullied its Way to Advertising Dominance. They also talk about the potential impact of the fallout of Google's antitrust trials on the marketplace. And Ari provides some insights as to why it's difficult for privacy and regulatory issues to make their way into the C-suite. Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 42: Contextual Integrity in the ads space13 Aug 202500:47:31
In this episode, Alan discusses Contextual Integrity as applied to the ad space with Professor Helen Nissenbaum. They go deep into profiling and the use of PETs. Alan encourages listeners to check out some of Helen's writing at https://nissenbaum.tech.cornell.edu/main_cv.html#pub Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 48: The incredible shrinking definition of EU personal data24 Sep 202500:39:54
UK data protection pro Robert Bateman joins host Alan Chapell to discuss how the EU seems to be heading in the opposite direction than the U.S. as the CJEU narrows the definition of personal data ever so slightly. Robert also shares thoughts on a cookie consent consult taking place in the UK - and gives a prediction on the future of EU to U.S. cross-border transfers.  Takeaways The definition of personal data has evolved significantly since the GDPR. Pseudonymization is often misunderstood and oversold in its benefits. The SRB case clarified the relative nature of personal data definitions. ICO's consultation may lead to significant changes in cookie regulations. Cross-border data transfers are essential for the digital economy. The adequacy decision ensures data safety when transferring data to the US. Max Schrems' challenges have significantly impacted data transfer frameworks. The ICO's approach to enforcement may signal a shift in privacy regulations. The role of journalism is crucial in understanding and shaping data protection issues. Different perspectives in data protection can foster better dialogue and solutions. Chapters 00:00 Evolving Definitions of Personal Data 06:03 The SRB Case and Its Implications 11:45 Rethinking Privacy Regulations in the UK 17:59 Cross-Border Data Transfers and Their Importance 29:40 Challenges to the EU-US Data Privacy Framework 35:43 The Role of Journalism in Data Protection Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 47: The Datatilsynet's Tobias Judin on consent17 Sep 202500:39:23
This week, Tobias Judin from Norway's data protection regulator, the Datatilsynet (and EDPB representative), joins host Alan Chapell to talk about trust, (mis)aligned incentives, and consent in the European ads marketplace. We go deep on the challenges around pay or consent models for digital media as the EDPB plans to issue guidance for the larger publishing industry. Will pay or consent save the publishing industry - or become a drag on data protection law? Alan refers to the NOYB guidance on pay or consent, so we're sharing that here: https://noyb.eu/sites/default/files/2025-07/Pay_or_Okay_Report_2025_web.pdf. Takeaways Data protection can enhance a company's competitive edge. The EDPB aims for harmonized GDPR interpretation across Europe. Consent mechanisms are often misunderstood and misapplied. Behavioral advertising creates challenges for data protection compliance. The current consent model may not be sustainable long-term. Pay for consent could lead to inequities in data protection. Size and scale of data processing influence regulatory focus. Trust in data handling can lead to increased ad revenue. The GDPR's fairness principle needs reevaluation. Data protection is essential for supporting democracy. Chapters 00:00 Introduction to Data Protection in Europe 01:18 Understanding the Role of the EDPB 04:42 Data Protection as a Competitive Advantage 08:41 The Challenges of Consent Mechanisms 11:54 Proportionality in Data Processing 16:42 The Future of Behavioral Advertising 21:53 The Concept of Pay for Consent 26:58 The Role of Size and Scale in Data Protection Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 46: A legal critique of the Google Antitrust Remedies Decision10 Sep 202500:43:39
This week, host Alan Chapell is joined by Daniel Hanley of the Open Markets Institute as they attempt to make legal sense of Judge Mehta's September 2, 2025, decision in the Google Search Antitrust case. In other words, they outline "WHY" the Google decision is legally problematic.    Takeaways Judge Mehta’s remedies ruling left major loopholes for Google. Judicial caution and AI narratives diluted strong enforcement. DOJ missed chances to highlight Google’s credibility problems. Structural remedies were avoided despite clear legal precedent. Publishers and competitors remain vulnerable under weak remedies. Chapters 00:01 Setting the Stage: Google’s regulatory storm and Mehta’s decision.01:30 From Liability to Remedies: Strong liability ruling vs. weak remedies.04:20 Why the Pullback?: Judicial caution and Google’s AI framing.12:30 Legal Inconsistencies: Contradictory remedies undermine competition.25:10 Appeals and Outlook: Next steps for Google, DOJ, and the states. Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 45: Cobun Zweifel-Keegan on the great U.S. state regulatory experiment03 Sep 202500:42:02
Cobun Zweifel-Keegan joins host Alan Chapell to discuss key themes around U.S. state efforts to enforce on privacy AI and consumer protection. We talk about regulatory tension between the federal and state governments, the key areas of focus at the state level and the impact of state enforcement. We also riff a bit on Alan's recent Substack article comparing Spotify's Panama Playlists with the 1987 events leading up to the Video Privacy Protection Act - https://chapell.substack.com/p/why-congress-will-pass-a-privacy.  Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 44: Justin Evans and the Optimist's View of Data27 Aug 202500:46:37
Alan Chapell is joined by Justin Evan's where they discuss his book: The Little Book of Data. While designed for business teams, the book (and the podcast) also lights a path that can be helpful to the legal and regulatory folks. Our conversation also makes broader points about the creative process and how to stay relevant in your career by remaining curious.  Check out the Little Book of Data at https://www.harpercollinsleadership.com/9781400248353/the-little-book-of-data/ Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 43: Behind the curtain at the FTC20 Aug 202500:36:56
In this episode, Alan is joined by Shoshana Wodinsky, veteran journalist in the ads space turned tech expert for the Federal Trade Commission. Shoshana offers an unfiltered view of how things sometimes function at the Commission - and shares some insights on how recent FTC policies impact the ads space. Takeaways The U.S. lacks a national privacy law, relying on state laws. The FTC has historically set privacy standards. Lina Khan's leadership marked a shift in consumer protection. The Office of Technology was created to address tech issues. Bureaucracy can slow down regulatory processes significantly. Investigations can sometimes feel like fishing expeditions. The FTC's approach to bias in advertising raises questions. Legal theories in advertising can be complex and vague. Collaboration among commissioners is crucial for effective regulation. Upholding the truth is essential in regulatory work. Chapters 00:00 Introduction to Privacy and Regulation 03:08 The Role of the FTC in Privacy Standards 05:43 Lina Khan's Impact on Consumer Protection 08:53 Navigating Between Technology and Economics 11:33 The Challenges of Bureaucracy in Regulation 14:45 Investigating Bias in Advertising 17:30 The Complexity of Legal Theories 20:16 The Nature of FTC Investigations 23:16 The Balance of Ideology in the FTC 26:32 The Future of Privacy Regulation 29:29 Conclusion and Reflections on FTC Dynamics Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 49: Part 1 - Jon Leibowitz and the FTC's role during the early Google Era01 Oct 202500:39:19
Host Alan Chapell is joined by Jon Leibowitz, former chair of the FTC to discuss the Commission's impact on the digital media landscape from 2004 until 2013. In part 1 of the discussion, Chapell and Mr. Leibowitz talk about the FTC's COPPA rethink, the DNT standard, some early FTC attempts to rethink journalism, and some of the antitrust and privacy enforcements against big tech during his tenure. Jon Leibowitz' bio may be found here - https://en.wikipedia.org/wiki/Jon_Leibowitz.  Takeaways The FTC’s push for “Do Not Track” showed how hard it is to get industry consensus on privacy. Global Privacy Control may succeed where “Do Not Track” failed, as cookies phase out. COPPA’s update made pseudonymous data count as personal data, reshaping online advertising. Age verification measures create new risks, even while aiming to protect children. Industry self-regulation (like ad icons) fell short, with state laws setting stronger standards. The FTC’s “bully pulpit” speeches often influenced industry behavior more than enforcement. Google’s acquisitions (DoubleClick, AdMob, etc.) raised competition questions but were welcomed by much of the ad industry. The tension between innovation, regulation, and consumer protection continues to shape digital advertising. Chapters00:00 Introductions & Setting the Scene03:00 Achievements at the FTC: Early Digital Ad Regulation08:00 The Rise and Stall of “Do Not Track”15:00 Protecting Kids Online & COPPA’s Redefinition of Data24:00 Self-Regulation vs. State Regulation in Ads32:00 Antitrust and Google’s Expansion40:00 Closing Reflections on Innovation and Oversight Learn more about your ad choices. Visit megaphone.fm/adchoices
Episode 60: Did the CJEU just break the Internet?24 Dec 202500:39:11
Professor Daphne Keller joins host Alan Chapell to discuss the implications of the EU Court of Justice decision in Russmedia - demonstrating that "breaking the Internet" is no longer solely the domain of pop stars like Taylor Swift. An expert in platform regulation and intermediary liability, Professor Keller explains how the CJEU's Russmedia decision poses significant challenges for companies operating in the digital media space in Europe. Daphne Keller's bio may be found at https://law.stanford.edu/daphne-keller/.  The Chapell regulatory outlook report may be found at https://chapellreport.substack.com/. Takeaways The Russmedia case shifts the EU rules on intermediary liability significantly. Intermediary liability laws aim to balance online safety, free speech, and innovation. The court's decision highlights a long-standing tension as between GDPR and the e-commerce directive. Platforms may now be considered joint controllers of user data under GDPR. Identifying harmful content at scale is a major challenge for platforms. The Russmedia case Chapters 00:00 Welcome and show premise 02:05 Daphne Keller and why Russmedia matters 04:00 Why intermediary liability shields exist 06:20 Distinction between Section 230 in the U.S. (absolute liability shield) and the EU notice and takedown regime under the e-commerce directive. 08:45 GDPRand right to be forgotten as background context. 11:00 Russmedia facts and Romanian state court path 13:45 Advocate General view processor vs controller 16:00 CJEU view as joint controllership is the lynchpin of the case. 23:30 Proactive checks and the general monitoring contradiction 34:40 What platforms can do now and the practical tradeoffs Learn more about your ad choices. Visit megaphone.fm/adchoices
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