The Monopoly Report

The Monopoly Report

By Alan ChapellBusinessNewsGovernmentMarketingBusiness News
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The Monopoly Report episodes

  • Episode 67: Everything’s an ad network & everyone’s a data broker

    Ben Isaacson, Founder of InHouse Privacy and longtime privacy attorney, joins the podcast to break down how California’s CPPA is reshaping the data broker landscape. From the DELETE Act and the drop mechanism to the broad definition of “sale” and “direct relationship,” Ben explains why ad tech, retail media, clean rooms, and even auto and smart TV companies may be in scope. He also shares what enforcement could look like in 2026, why smaller brokers may not survive, and the biggest misconception that continues to put companies at risk.


    Takeaways

    • Ben Isaacson's journey into the privacy space began in 1995.
    • The CCPA and CPRA have significantly influenced privacy regulations in California.
    • Data brokers are now defined more broadly under California law.
    • Ad tech companies must navigate complex compliance issues regarding data sharing.
    • Retail media networks face challenges in adhering to data broker rules.
    • Authorized agents may struggle with compliance as regulations evolve.
    • The DELETE Act could lead to increased enforcement actions against data brokers.
    • Misconceptions about data selling persist among companies.
    • The future of data broker regulations may see more states adopting similar laws.
    • Privacy by design is essential for companies to build trust with consumers.



      • Chapters

      00:00 Ben Isaacson’s privacy origin story and early internet lobbying

      09:06 How CPPA enforcement is reshaping CCPA and CPRA

      12:53 What California’s data broker definition really means

      14:37 Why ad tech, DSPs, DMPs, and clean rooms may be in scope

      17:42 Retail media networks and off platform monetization risk

      26:26 The DELETE Act drop mechanism and 2026 enforcement timeline

      29:02 Authorized agents and the rise of deletion services

      38:06 The future of the data broker industry

      41:15 The biggest misconception companies still believe about selling data

      Learn more about your ad choices. Visit megaphone.fm/adchoices

      49 min
    • Episode 66: AI Governance is NOT optional

      AI ethicist and governance pro Shoshana Rosenberg joins Alan Chapell to discuss how to build a framework for addressing the legal and regulatory risks involving AI. Given all the new AI and profiling rules flowing down into the ads space in 2026, Shoshana is exactly the person the ads space should be listening to right now.

      Pre-order Shoshana’s book “Practical AI Governance” here -

      www.practicalaigovernance.com

      Check out the Chapell Regulatory Insider here - https://chapellreport.substack.com/ 


      Takeaways

      • AI governance is less about compliance checklists and more about strategic oversight that prevents unseen liability.
      • Digital agency means giving individuals context and control over how systems influence them.
      • Post hoc explainability is insufficient because inference-driven systems are fundamentally probabilistic.
      • Privacy Enhancing Technologies (PETs) can undermine marketplace trust when platforms utilizing PETs aren’t transparent about how they work and don’t allow advertisers to audit them. 
      • Government procurement standards may drive AI accountability faster than direct regulation.
      • Building on foundational AI models requires documenting what you add and controlling what you can evidence.
      • The PRISM framework pushes teams beyond compliance toward structured ethical practice. Too many in the ad space are ignoring data and AI governance to their detriment.

        • Chapters

        00:00 Introduction and defining AI governance

         01:09 Why AI governance is about strategy, not compliance

         02:41 Shoshana’s path from engineer and Navy JAG to AI governance

         05:22 Digital agency as a human right

         09:13 What explainability should look like in advertising

         11:23 The complexity of the ad tech ecosystem

         13:25 Gaps in global AI regulation

         17:06 Procurement and government contracting as enforcement levers

         20:49 The tension between PETs and transparency

         28:02 Agentic AI and worsening accountability gaps

         29:30 Explainability by design by 2029

         31:42 Practical guidance for little tech building with AI

         35:11 The PRISM framework explained

         38:43 Upcoming book and where to find Shoshana

        Learn more about your ad choices. Visit megaphone.fm/adchoices

        46 min
      • Episode 65: The Problem with Age Verification

        Alan Chapell is joined by Professor Jess Miers, visiting assistant professor of the University of Akron School of Law. Jess and Alan discuss some of the inherent challenges around protecting kids on the internet, and how those challenges are increasingly leading policymakers to age verification as the solution. While Alan is curious to see how this approach plays out in Australia, both Jess and Alan are skeptical that age verification will be good for kids or privacy in general. 


        Professor Miers’ Bio: https://www.uakron.edu/law/faculty/directory/profile.dot?u=jmiers 

        Chapell Regulatory Insider: https://chapellreport.substack.com/ 


        Takeaways

        • Jess Miers’ career transitioned from policy work to academia, finding a place to express her views freely.
        • Parents face significant challenges in monitoring their children's online activities.
        • The impact of social media on youth mental health is complex and multifaceted.
        • More and more places worldwide are turning to age verification. 
        • The U.S. legal landscape regarding age verification is evolving and is currently impeded due to First Amendment concerns.
        • Advertisers must navigate a nebulous landscape regarding content directed at minors.
        • Data privacy and security concerns are heightened with age verification requirements.
        • Education of both parents and children is essential in addressing online safety.
        • While these issues haven’t squarely hit the ad space just yet, Alan thinks that the post-COPPA 1.0 world will hit the ad space hard.


          • Chapters:

          00:01 Welcome + where Jess is calling from 

          00:36 Policy to academia + why it fits 

          02:07 Viral CA testimony moment 

          04:52 What problem age verification is trying to solve 

          07:03 Youth harm evidence and why causality is nuanced 

          10:27 Australia: under-16 ban and early consequences 

          13:54 Europe/UK: “age assurance,” feature limits, and gating 

          16:37 US: First Amendment and shifting legal strategies 

          22:55 Why age verification is risky: anonymity + data honeypots 

          44:28 Where to find Jess + wrap; transcript ends

          Learn more about your ad choices. Visit megaphone.fm/adchoices

          48 min
        • Episode 64: Tom Kemp of CalPrivacy discusses the DROP & Public Policy Goals

          Alan Chapell is joined by Tom Kemp, the Executive Director of California's privacy regulator CalPrivacy, to discuss the launch of the DROP data deletion mechanism and California’s rules regarding the Global Privacy Control. While complimentary of California's efforts, Alan attempts to uplevel the discussion to talk more broadly about the larger public policy goals driving California's privacy regime.

          Tom Kemp's Bio: https://cppa.ca.gov/about_us/

          Tom Kemp's Article: https://www.techpolicy.press/lets-make-privacy-easy/

          Chapell Regulatory Insider: https://chapellreport.substack.com/


          Takeaways

          • CalPrivacy is the first independent agency focused on consumer privacy.
          • The DROP system allows Californians to manage their privacy rights easily.
          • Over 200,000 Californians signed up for the DROP system within a month of launch.
          • Consumers are increasingly interested in privacy protections.
          • The agency is addressing privacy harms, especially for vulnerable communities.
          • Collaboration with other states is on the table a priority for CalPrivacy - particularly re: the DROP.
          • Transparency in data practices is essential for consumer trust.
          • The agency aims to balance innovation with privacy regulations.
          • Authorized agents play a crucial role in helping consumers exercise their rights.
          • Future regulations will focus on reducing friction for consumers. 
          • Alan shares his thoughts on how CalPrivacy can better align its stated policy goals with outcomes


            • Chapters

            00:01 Intro and where Tom is calling from

            01:04 What CalPrivacy is and Tom’s role

            03:33 Why he took the job and his background

            06:18 What’s still on the roadmap from “Let’s Make Privacy Easy”

            08:18 What DROP is and how it works

            11:05 Early adoption: 200,000+ signups

            14:26 Privacy paradox and why “making it easy” matters

            17:39 Other states showing interest in a DELETE Act model

            20:41 Whether DROP could expand beyond California

            23:04 Privacy harms and enforcement focus areas

            31:14 Opt out preference signals (GPC/OOPS) and how they fit

            37:11 Browser conflicts of interest and potential OOPS regs

            41:23 Authorized agents and possible additional regulation

            45:57 Defining “data broker” and who must register

            54:57 Where to find CalPrivacy resources and closing

            Learn more about your ad choices. Visit megaphone.fm/adchoices

            1 hr
          • Episode 63: Why are publishers and adtechs privately suing Google on antitrust grounds?

            This week, Brendan Benedict joins Alan Chapell to talk about some of the recent civil antitrust complaints filed against Google by publishers including Penske, The Atlantic, McClatchy, Conde Nast, and Vox Media. With Judge Brinkema's remedies decision pending and a slew of other jurisdictions (e.g., EU, Canada) attempting to remedy Google's adtech practices, why are so many publishers and adtech companies jumping into the pool?

            Brendan Benedict may be found at: https://www.benedictlawgroup.com/brendan-benedict 


            The Chapell Regulatory Insider is available at: https://chapellreport.substack.com/


            Takeaways

            • The DOJ ruling gives private plaintiffs a head start on liability.
            • These cases will mostly come down to damages calculations.
            • Google avoided a jury, but the detailed opinion may make appeals harder.
            • Remedies are likely behavioral, not divestiture.
            • Statute of limitations could decide how far back damages go.


              • Chapters

              00:00 Intro & Guest Welcome

              02:20 DOJ Remedies Decision Still Pending

              06:20 Overview of Private Civil Lawsuits Against Google

              07:05 Publisher Allegations

              08:30 Damages Scale Discussion

              10:05 DOJ Heavy Lifting for Private Plaintiffs

              13:00 Case Consolidation & MDL Structure

              15:25 Google Appeal Strategy

              19:05 Duke Energy & “Monopoly Broth” Issue

              21:45 Jury Trial Avoidance and Implications

              23:45 Texas AG Case Expansion

              26:00 Europe and Divestiture Pressure

              29:05 Calculating Lost Revenue Damages

              31:10 Statute of Limitations Debate

              33:05 Settlement Likelihood & Bellwether Trials

              39:20 FTC Meta Appeal Sidebar

              48:10 Final Takeaways Summary

              52:15 Closing & Upcoming Guest Preview

              Learn more about your ad choices. Visit megaphone.fm/adchoices

              54 min
            • Episode 62: The Future of Self-regulation in Digital Ad Privacy

              David LeDuc from the Network Advertising Initiative (NAI) sits down with host Alan Chapell to discuss the NAI's reinvention of its self-regulatory efforts in light of the influx of U.S. state privacy laws. They discuss what a good privacy law looks like, the challenges around finding the right balance, California's new Deletion tool, and the likelihood of a U.S. federal privacy law in the near term.


              More on David LeDuc and the NAI at https://thenai.org/about-the-nai-2/staff/

              More on the Chapell Regulatory Insider at https://chapellreport.substack.com/


              Takeaways

              • The NAI has shifted from crafting self-regulatory rules to helping companies comply with complex state and federal privacy laws as enforcement accelerates.
              • The California Delete Request and Opt-Out Platform (DROP) is likely the most impactful regulatory development for the ad space heading into 2026.
              • Lumping third-party ad tech companies together with traditional data brokers may create regulatory confusion.
              • Kids’ privacy is rapidly expanding beyond COPPA, creating major challenges for ad tech companies aound compliance given that most have no idea how to ascertain the age of a User.
              • Enforcement sophistication and coordination among state attorneys general are increasing, changing the risk profile for companies that try to “keep their heads down” and do the minimum.
              • Attempts to regulate AI indirectly through privacy and consumer protection laws are likely to continue as federal leadership stalls.


                • Chapters

                00:00 Welcome and episode overview

                02:23 Who is David LeDuc and what is the NAI today

                06:00 Are lobbyists really the problem

                09:40 Kids’ data, age verification, and policy tensions

                13:06 Educating regulators vs legislators

                18:04 Ad tech vs data brokers

                21:10 What does a “perfect” privacy law look like

                30:27 California’s Delete Request and Opt-Out Platform

                35:40 Global Privacy Control and browser obligations

                39:25 AI regulation through privacy and consumer protection laws

                44:20 Predictions for 2026

                50:21 Where to find David and the NAI

                52:10 – Final wrap-up


                Learn more about your ad choices. Visit megaphone.fm/adchoices

                55 min
              • Episode 61: State Privacy Law from the POV of Civil Society w/Travis Hall of the CDT

                Alan Chapell is joined by Dr. Travis Hall - Director for State Engagement at the Center for Democracy & Technology (CDT), a nonpartisan organization focused on civil rights and liberties in the digital age. They talk about the ads space through a lens balancing consumer expectations with business interests and debate the merits of the private right of action.

                Travis Hall’s bio is available at https://cdt.org/staff/travis-hall/ 

                Chapell Regulatory Insider is available at https://chapellreport.substack.com/


                Takeaways:

                • CDT focuses on a broad range of digital rights, not just privacy.
                • Data minimization is essential for effective privacy laws.
                • Consumer expectations often differ from actual online behavior.
                • State privacy laws need strong enforcement mechanisms.
                • The private right of action can drive regulatory change.
                • Targeted advertising is an area of continued focus.
                • Understanding technology is crucial for effective policymaking.
                • Advocacy must balance user rights with industry needs.
                • Collaboration between stakeholders is vital for progress.
                • Historical context shapes current privacy advocacy efforts.


                  • Chapter:

                  00:00 Introduction and Personal Insights

                  01:18 Understanding the Center for Democracy and Technology

                  04:33 The Role of CDT in State Privacy Legislation

                  10:20 Consumer Expectations and Privacy Law

                  16:11 Elements of Effective State Privacy Laws

                  21:26 Challenges in Data Minimization Enforcement

                  24:27 The Impact of GDPR on Ad Tech

                  26:22 Enforcement Challenges in Digital Media

                  30:22 The Role of Private Right of Action

                  38:52 Improving Targeted Advertising Practices

                  46:02 Acknowledging the Tension in Data Practices


                  Learn more about your ad choices. Visit megaphone.fm/adchoices

                  48 min
                • Episode 60: Did the CJEU just break the Internet?

                  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

                    40 min
                  • Episode 59: FTC Commissioner Mark Meador on Digital Media Regulatory

                    Host Alan Chapell welcomes Commissioner Mark Meador of the Federal Trade Commission to talk about the future of conservative antitrust, the importance of protecting kids and the impact of the regulatory environment on the digital media marketplace.


                    Commissioner Meador's bio can be found at https://www.ftc.gov/about-ftc/commissioners-staff/mark-r-meador.


                    The Chapell Report can be found at https://chapellreport.substack.com/


                    Takeaways

                    • Privacy and online safety for children are top priorities for the FTC.
                    • The FTC is focused on tangible harms rather than ethereal issues.
                    • Antitrust enforcement has seen a bipartisan consensus on the need for more action.
                    • The FTC uses 6B studies to understand new markets and inform future regulations.
                    • Learning from past FTC experiences is crucial for effective enforcement.
                    • AI and deceptive claims are monitored under existing laws.
                    • Consumer choice is essential in a competitive marketplace.
                    • The FTC is committed to enforcing laws that protect children online.
                    • Regulatory actions should avoid creating unintended consequences.


                      • Chapters

                      00:00 FTC Priorities for 2026

                      03:53 Antitrust Focus and Challenges

                      07:50 Protecting Children Online

                      12:08 The Role of 6B Studies

                      15:54 Learning from Past FTC Experiences

                      19:41 Addressing AI and Deceptive Claims

                      23:43 Consumer Choice and Market Dynamics

                      27:43 Key Takeaways for Digital Media Stakeholders


                      Learn more about your ad choices. Visit megaphone.fm/adchoices

                      38 min
                    • Episode 58: The EU Digital Omnibus, Part 2: With Peter Craddock

                      Peter Craddock joins Alan Chapell to discuss the EU Digital Omnibus proposal - and debate the value of simplification of the digital privacy rules in Europe. Peter views these changes as pragmatic, while Alan is concerned that we’re trading in one set of ambiguities to another.


                      More on Peter Craddock https://www.khlaw.com/people/peter-craddock.

                      More on Alan's Regulatory Outlook Substack https://chapellreport.substack.com/welcome


                      Takeaways

                      • Peter believes the Digital Omnibus changes are intended to add a layer of pragmatism to EU data protection law.
                      • The GDPR was designed to enshrine privacy as a fundamental right, but that doesn’t mean privacy should prevail over everything else.
                      • You also take into account other fundamental rights: fundamental right of information and freedom of expression.


                        • Chapters

                        00:00 Peter returns and sets the stage for what the EU Digital Omnibus is and why it exists.

                        04:20 How the proposal and Court of Justice rulings reshape the meaning of personal data for ad tech.

                        10:00 What pseudonymous companies can argue today under SRB and related cases.

                        15:40 Why ePrivacy consent rules still bite even if GDPR does not apply.

                        20:40 Browser-based consent controls and why industry expects pushback.

                        26:10 How regulators may respond, and why pragmatism is becoming more visible.

                        35:40 Legitimate interest for AI training versus consent for monetization.

                        41:00 Whether the changes help smaller players and what uncertainty remains.


                        Learn more about your ad choices. Visit megaphone.fm/adchoices

                        51 min

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