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| Titre | Date | Durée | |
|---|---|---|---|
| Omar Tawakol, founder of BlueKai, talks about his new start-up Rembrandt that just raised $23 million for AI product placement | 15 Jan 2025 | 00:32:51 | |
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.
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| Episode 12: Standards for data clean rooms with Jules Polonetsky and Doug Miller | 08 Jan 2025 | 00:39:18 | |
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?
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| Episode 3: Terry Kawaja on the impact of the FTC on M&A and a potential Google spin-out | 23 Oct 2024 | 00:41:39 | |
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.
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| Episode 2: Tim Cowen on the proposed search antitrust remedies | 15 Oct 2024 | 00:34:17 | |
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.
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| Episode 1: Jason Kint and Alan Chapell on what's next for Google | 07 Oct 2024 | 00:34:40 | |
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.
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| Episode 11: Alysa Hutnik on CIPA lawsuits and the implications for privacy law | 18 Dec 2024 | 00:33:56 | |
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.
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| Episode 10: David LeDuc of the NAI | 11 Dec 2024 | 00:34:43 | |
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.
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| Episode 9: Don Marti on the politics of browsers | 04 Dec 2024 | 00:32:05 | |
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.
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| Episode 8: Garrett McGrath of Magnite on Sandbox and the CMA | 27 Nov 2024 | 00:31:46 | |
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.
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| Episode 7: Bill Wise on the Google monopoly and what to do (or not do) about it | 20 Nov 2024 | 00:34:00 | |
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.
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| Episode 6: Duncan McCall on Protecting Consumer Location Data | 13 Nov 2024 | 00:31:24 | |
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
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| Episode 5: What we learned from the updated DOJ and Google findings of fact | 06 Nov 2024 | 00:28:55 | |
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.
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| Episode 4: Is Tik Tok really going to get banned? With Megan Gray. | 30 Oct 2024 | 00:31:08 | |
Well, is it? We walk through the law, the court case, and the politics of a Tik Tok ban.
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| Episode 18: Eric Seufert on whether Europe will kill Apple's ATT | 19 Feb 2025 | 00:36:49 | |
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.
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| Episode 17: Ana Milicevic of Sparrow Advisors on cookies, the DMV and the past and future of adtech | 12 Feb 2025 | 00:33:48 | |
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.
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| Episode 16: Ricky Sutton of the Future Media newsletter and podcast | 05 Feb 2025 | 00:33:33 | |
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.
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| Episode 15: Arielle Garcia on the Omnicom IPG merger and agencies competing with big tech | 29 Jan 2025 | 00:33:03 | |
Host Alan Chapell talks about the proposed Omnicom IPG merger and the future of agency holding companies with Arielle Garcia of Check My Ads.
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| Episode 14: Julia Shullman on Google's device fingerprinting policy shift | 22 Jan 2025 | 00:33:44 | |
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.
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| Episode 19: Peter Craddock on the history of consent and personal data | 26 Feb 2025 | 00:41:52 | |
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.
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| Episode 20: Eric Goldman on Section 230 | 05 Mar 2025 | 00:35:50 | |
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.
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| Episode 23: Rick Bruner - The value prop of measurement | 26 Mar 2025 | 00:30:07 | |
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.
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| Episode 22: Jessica Lee on navigating the health targeting rules | 19 Mar 2025 | 00:33:34 | |
Alan Chapell speaks with Jessica Lee from Loeb & Loeb on the challenges of navigating the health targeting space in the U.S. and Europe.
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| Episode 21: Omer Tene talks generative AI | 12 Mar 2025 | 00:28:26 | |
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.
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| Episode 24: Rich Caccappolo - Can Publishers win the Peace? | 02 Apr 2025 | 00:40:53 | |
Rich Caccappolo of DMG joins Alan Chapell to discuss news publishers' approach to content monetization and AI amidst all the regulatory noise.
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| Episode 26: Will deprecating cookies improve the quality of the ads space? | 23 Apr 2025 | 00:34:12 | |
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.
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| Episode 25: Rob Leathern - Why We Haven't Fixed Online Advertising Yet | 09 Apr 2025 | 00:34:29 | |
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
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| Episode 28: Professor Daniel Solove on Privacy | 07 May 2025 | 00:41:04 | |
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.
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| Episode 27: Richard Kramer on Google Antitrust Remedies | 30 Apr 2025 | 00:40:56 | |
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.
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| Episode 29: Privacy Enhancing Technologies with Brian May | 14 May 2025 | 00:35:20 | |
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.
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| Episode 33: Jonathan Kanter on Antitrust & Search | 11 Jun 2025 | 00:37:06 | |
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.
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| Episode 32: Kids privacy in the ad space with Gary Kibel | 04 Jun 2025 | 00:35:07 | |
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.
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| Episode 31: Dennis Buchheim Part 2 - on Privacy Enhancing Technologies & Standards. | 28 May 2025 | 00:34:40 | |
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.
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| Episode 30: Dennis Buchheim Part 1 - on industry trades | 21 May 2025 | 00:32:58 | |
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.
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| Epispde 39: The Google Search Antitrust Remedies | 23 Jul 2025 | 00:38:12 | |
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.
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| Episode 38: Impact of FTC v Meta with Brendan Benedict | 16 Jul 2025 | 00:48:49 | |
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.
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| Episode 37: Rescuing Privacy and Consumer Protection w/ Samuel Levine | 09 Jul 2025 | 00:55:04 | |
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/
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| Episode 36: Buy side vs Sell side vs Regulatory side | 02 Jul 2025 | 00:44:36 | |
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.
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| Episode 35: Industry Trade Reporters vs Spin | 25 Jun 2025 | 00:39:04 | |
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.
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| Episode 34: Jonathan Kanter on digital media & ad tech | 18 Jun 2025 | 00:24:26 | |
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.
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| Episode 41: DuckDuckGo on balancing privacy and competition in the ads space | 06 Aug 2025 | 00:52:06 | |
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.
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| Episode 40: Google's Ad Dominance with Ari Paparo | 30 Jul 2025 | 00:39:09 | |
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.
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| Episode 42: Contextual Integrity in the ads space | 13 Aug 2025 | 00:47:31 | |
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
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| Episode 48: The incredible shrinking definition of EU personal data | 24 Sep 2025 | 00:39:54 | |
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
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| Episode 47: The Datatilsynet's Tobias Judin on consent | 17 Sep 2025 | 00:39:23 | |
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
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| Episode 46: A legal critique of the Google Antitrust Remedies Decision | 10 Sep 2025 | 00:43:39 | |
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.
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| Episode 45: Cobun Zweifel-Keegan on the great U.S. state regulatory experiment | 03 Sep 2025 | 00:42:02 | |
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.
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| Episode 44: Justin Evans and the Optimist's View of Data | 27 Aug 2025 | 00:46:37 | |
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/
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| Episode 43: Behind the curtain at the FTC | 20 Aug 2025 | 00:36:56 | |
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
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| Episode 49: Part 1 - Jon Leibowitz and the FTC's role during the early Google Era | 01 Oct 2025 | 00:39:19 | |
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
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| Episode 60: Did the CJEU just break the Internet? | 24 Dec 2025 | 00:39:11 | |
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
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