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The Monopoly Report

The Monopoly Report

Written by: Alan Chapell
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In-depth coverage of big tech's antitrust woes from Marketecture.tv. We are covering the Google search and ad tech trials and everything else happening. Subscribe to our newsletter at https://monopoly.marketecture.tvCopyright (c) 2025 Marketecture Media, Inc. Economics Marketing Marketing & Sales Political Science Politics & Government
Episodes
  • Episode 62: The Future of Self-regulation in Digital Ad Privacy
    Jan 21 2026
    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
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    54 mins
  • Episode 61: State Privacy Law from the POV of Civil Society w/Travis Hall of the CDT
    Jan 14 2026
    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
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    48 mins
  • Episode 60: Did the CJEU just break the Internet?
    Dec 24 2025
    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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    39 mins
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