The Monopoly Report

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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