Navigating these complex challenges is essential for maintaining trust with consumers and brands.

Unique publishers (diverse, small, and niche) must navigate these complex waters to maintain their competitive edge in an industry where data privacy and transparency are under intense scrutiny. According to Jamie Barnard, CEO of Compliant, “The ad tech ecosystem was never built for privacy,” making it especially challenging to retrofit existing systems.

These smaller players are vulnerable, with privacy concerns mounting and regulations becoming stricter. They may not attract the same advertising spend as larger entities. Still, compliance with privacy laws is critical—not only for legal reasons but also for preserving their relationships with advertisers.

During our conversation with Jamie Barnard aboard a yacht in Cannes—over cheese and pepperoni—we discussed how brands and agencies can support unique publishers in navigating compliance challenges. He stressed the importance of adapting to the rapidly changing landscape. “Those who fail to adapt will find themselves in precarious positions,” Bernard warned. By approaching compliance as a collaborative effort between publishers, brands, and consumers, these publishers can create bespoke advertising experiences while upholding essential privacy principles.

Why Building Strong Compliance Models Matters More Than Ever 

Developing robust compliance models is no longer optional for unique publishers, it’s essential.  These models should go beyond merely responding to current regulations. They should be proactive frameworks anticipating future changes. Flexibility and adaptability are key to ensuring these publishers can withstand the inevitable shifts in the regulatory environment.

Creating a culture of compliance involves more than simply adhering to rules. It requires a deep understanding of privacy and data protection. This is particularly crucial given the widespread use of third-party tracking and data leakage — practices increasingly under scrutiny. As awareness of these issues grows, larger brands and consumers demand higher transparency and accountability from their partners.

“In our industry, where trust is everything, compliance is the foundation,” Bernard said. “When we approach compliance as not just a checklist, but a genuine commitment to our audience’s well-being, we unlock the potential for deeper connections and long-lasting loyalty.”

Publishers must go beyond compliance to educate their teams and stakeholders on this importance. By cultivating a culture of awareness and diligence, they can embed compliance into every facet of their operations. This shift will mitigate risks and bolster the publisher’s reputation in an industry where consumer trust is increasingly paramount.

Ad Tech’s Role in Adapting to Regulatory Changes

The ad tech industry’s transformation is largely driven by the need to comply with evolving privacy laws. While these changes may seem reactive, they present new opportunities for innovation in both technology and operational practices. With Google’s new 3PC consent framework, smaller publishers have a huge role in reshaping the industry standards moving forward. 

Smaller publishers should leverage technology as a compliance tool to take advantage of this shift. For example, artificial intelligence and machine learning can monitor data practices, identify potential compliance issues, and automate consent management processes. These technological advancements not only streamline operations but also enhance the precision and effectiveness of compliance efforts.

 As regulatory demands evolve, ongoing education and experimentation are crucial. Publishers should stay informed about the latest trends and changes, adapting their strategies as necessary. Abrupt changes brought about by decisions like Google’s back-and-forth dance with turning off third-party cookies, serve as a stark reminder of how quickly things can shift. 

Continuous learning should be embedded in the organizational culture, positioning compliance as not just a set of rules but as a dynamic practice driving industry evolution. With the U.S. regulatory environment beginning to catch up with the EU’s more stringent standards, the pressure to adapt has never been greater. As Bernard pointed out, education, transparency, and consumer empowerment must be top priorities for publishers moving forward.

The post The Ad Tech Ecosystem was Never Built for Privacy appeared first on AdMonsters.

In our quest for the perfect keynote speakers for AdMonsters Ops, we wanted industry leaders who were not afraid to expose what’s going on behind the curtains, and James Rosewell does just that. So, who is James Rosewell? He’s not your average entrepreneur. He’s the guy who caught the attention of the UK’s Competition and Markets Authority (CMA) in January 2020 with his razor-sharp insights on digital markets.

With one bold move, through his B2B data business, 51 Degrees, Rosewell’s submission to the CMA sparked a series of events leading to the formation of Movement for an Open Web (MOW). This not-for-profit aims to educate regulators, industry players, and standards bodies about the need for stable interoperability in the digital realm.

Our discussion with Rosewell was a whirlwind of wisdom and revelations. In a short amount of time, we covered a range of privacy concerns. Now, let’s unpack the key highlights.

Collaboration Among Regulators is Key: James discussed engaging with various regulatory bodies like the UK’s CMA, the European Commission, and the Department of Justice to address digital monopolies and the need for market regulation to ensure fair competition and innovation. 

Recent actions by the US Department of Justice and the EU signal a coordinated effort to address antitrust issues in the tech industry. With investigations into major players like Apple, Alphabet, and Meta, the focus is shifting toward ensuring fair competition and consumer protection. The road ahead may be complex, but the goal remains clear: to promote innovation while safeguarding user privacy.

The Future of Cookies: Our conversation dove into the regulatory whirlpool of challenges facing Google before it fully phases out third-party cookies. Rosewell suggested that based on the CMA’s findings and ongoing reports, the complete removal of third-party cookies by 2024 seems uncertain. 

The CMA’s most recent report highlighted concerns about Google’s practices, with at least 39 regulatory issues to address before third-party cookies can bid adieu. The timeline for the cookie’s demise is not set in stone, but regulatory bodies are closely monitoring Google’s proposed changes and their implications for privacy and market competition.

One key takeaway from our conversation was the importance of industry feedback in shaping regulatory decisions. The CMA encourages all businesses to voice their concerns and provide input on the impact of regulatory changes. Anonymity plays a significant role in this process, allowing businesses to share insights without fear of repercussions. 

Privacy Sandbox and Market Concerns: Diving into the heart of the concerns over Google’s Privacy Sandbox are as real as they get. It’s a scenario brimming with self-preferencing issues and the risk of technologies tipping the scale in Google’s favor, leaving other players in the digital dust. Rosewell advocates testing these technologies, especially in environments like YouTube, to ensure they are beneficial and fair to the market before broader implementation.

As we look towards the future, Rosewell emphasizes the need for competition to drive innovation for the best privacy solutions. Rather than relying solely on Google or Apple’s approaches, we need diverse solutions tailored to the entire ecosystem’s needs, making it a more equitable and dynamic open marketplace. As we navigate these complexities, collaboration, industry feedback, and a focus on competition is essential. The future of digital innovation hinges on our ability to adapt, evolve, and embrace new solutions that prioritize user privacy and drive technological progress.

The post AdMonsters Ops Reveal: Keynote James Rosewell on Disrupting Digital Monopolies and the Future of Online Privacy appeared first on AdMonsters.

Amid their lawsuit against the NYT, OpenAI faces privacy scrutiny in Europe after a multi-month investigation into ChatGPT’s data collection methods. Italy’s Data Protection Authority gave OpenAI 30 days to respond to the allegations. 

Critics have called out generative AI’s spread of misinformation and data privacy concerns for quite some time. There are also concerns about deep fakes — such as using artists’ voices to create new music or the horrific fake explicit images of American pop princess Taylor Swift.

This technology is evolving much faster than regulation can control. But regulators like Italy’s Data Protection Authority are working to ensure we can all reap AI’s benefits while complying with data ethics. 

As Italy’s privacy watchdog readies its case against OpenAI and OpenAI prepares its response, it could set new precedents in AI regulation standards. 

A History of Data Collection Misfires and the Lawsuits They Bore

Should the EU court confirm the breach, OpenAI faces a potential €20 million fine, or up to 4% of global annual turnover. Beyond financial penalties, data protection authorities can mandate changes in a company’s data processing methods for violating privacy laws. This could lead to altered data collection practices or even cessation of the tech’s usage in regions where they enforce compliance.

Given its history with legal challenges over its data collection practices, OpenAI is no stranger to the intricacies of AI data handling. This includes the notable lawsuit brought by The New York Times for allegedly using copyrighted data to enhance their chatbot’s intelligence. 

Attorney Justin Nelson, representing the New York Times in the lawsuit, accused OpenAI of “building this product on the back of other people’s intellectual property. OpenAI is saying they have a free ride to take anybody else’s intellectual property since the dawn of time, as long as it’s been on the internet.” 

In both cases, OpenAI responded that the lawsuits were without merit — a big shocker. In the case of the NYT lawsuit, OpenAI released a public statement saying that using publicly available internet materials is fair use. 

In response to Italy’s DPA, they said, “We believe our practices align with GDPR and other privacy laws, and we take additional steps to protect people’s data and privacy. We want our AI to learn about the world, not about private individuals. We actively work to reduce personal data in training our systems like ChatGPT, which also rejects requests for private or sensitive information about people.” 

The Regulatory Perspective and the Implication for the Ops Industry

Last year, Italian authorities raised GDPR concerns about OpenAI, temporarily banning ChatGPT’s local data processing. The March 30 provision cited issues like the lack of a legal basis for personal data collection, AI’ hallucinations,’ and child safety problems. The authority suspected GDPR breaches in Articles 5, 6, 8, 13, and 25. 

AI regulators are fighting tooth and nail for industry-wide standards, and no sign of their momentum stopping. For example, the FTC launched a new inquiry into five major AI players investigating how their investments and partnerships impact competition — Alphabet, Amazon, Microsoft, Anthropic, and OpenAI. More specifically, the FTC is examining “whether tech giants are using their power to trick the public, and whether the AI investments allow giants to ‘exert undue influence or gain privileged access’ to secure an advantage across the AI sector.”

“Just as we’ve seen behavioral advertising fuel the endless collection of user data, model training is emerging as another feature that could further incentivize surveillance,” said FTC chair Linda Kahn. “The FTC’s work has made clear that these business incentives cannot justify violations of the law.”

As the Ad and Rev Ops industries prepare their AI capabilities, and I know they are, they must also be cognizant of the potential pitfalls of using this technology. Mark Sturino, VP of Data and Analytics, Good Apple, said at his Keynote address at AdMonsters Ops in 2023 that publishers can differentiate themselves by utilizing AI technology to provide insights and transparency. Still, they must be careful in using AI to create targeted audiences. 

“AI is playing more of a role from a publisher selection perspective. At least at Good Apple, it is less and less about flash, and it’s more about the actual results you’re giving us because everybody will be judged based on performance,” said Sturino.

The post ChatGPT Under Fire for Allegedly Violating EU Privacy Laws appeared first on AdMonsters.

For better or worse, Publishers are always left bearing the brunt of industry shifts. With addressability shifting into something different, many wonder how we will continue to target and reach our audiences.

The cookie phase-out process is here, and word on the street is that Chrome will be obfuscating the IP address (the cookie of CTV) real soon.

During a panel titled “The Future of Addressability: The Portfolio View,” Anthony Katsur, CEO of IAB Tech Lab, sat down with Shobha Doshi, SVP of Programmatic Strategy & Operations at Raptive, Ryan McConville EVP of Ad Platforms & Operations at NBCUniversal, and Mike Nuzzo, SVP of Hearst Data Solutions at Hearst Magazines. Each panelist outlined how they are approaching addressability today.

One thing we all know to be true is that there is no one solution; publishers should instead consider the “patchwork quilt” of solutions that are at their fingertips. With a catalog of over 5,000 publishers, Doshi highlighted that Raptive is currently in the test iterative stage. She encourages publishers to continue testing and exploring to see what works and what doesn’t.

At NBCU, they are rebuilding their signaling around first-party identity. With Peacock and their other digital endpoints totaling around 300, they had to find a way to coordinate those varying identities across everything. Having recently launched the NBC Unified identity platform, their strategy is to elevate it to live primarily on first-party identity signals.

When asked how Hearst thinks about the future of addressability, Nuzzo kept it simple. “We’re doing a lot of testing, learning, and just making sure we’re following the law,” he shared. From his perspective, the onus has been on publishers to solve for innovation. Innovation and identity are increasingly challenging because, again, there is no one solution.

Future-Proofing Alongside Hefty Privacy Constraints

Privacy regulations are evolving in Europe, and while a handful of states with state-led privacy regulations are already in place, three more states will be enforcing privacy sanctions next year: Montana, Oregon, and Texas. India also just passed a privacy law. 

What alternative solutions are publishers seeking to maintain an addressable ecosystem while complying with privacy regulations? 

“I think it’s hard, and that’s why I said the legal piece earlier,” Nuzzo explained. “Consent management platforms are in a good place right now, we need them contextually.” At Hearst, the focus is on understanding common taxonomies and how they apply that to their audiences algorithmically. Gen AI is also something they are pushing towards. 

For McConvile and NBCU, the product team is essential to maneuvering the privacy landmine. Media and entertainment companies have privacy product managers who enforce all privacy regulations. Rather than creating nuances for each state’s privacy laws, they look to the states with the most conservative ones and use those as a baseline.

Privacy and big tech are the two big bad wolves of the industry, but which one is scarier? 

It’s no surprise that Nuzzo from Hearst says it’s the legal side. No publisher wants to come out of pocket and pay off the government for not having the right privacy policy. McConnvile went with big tech, considering the different platform policies that publishers must abide by. 

“Operating system policies like Apple’s override our terms and conditions, so if you sign up for Peacock on an Apple device and agree to NBCU’s terms and then opt out of Apple, it overrides our terms and conditions completely. I don’t think users actually understand that they’re making that choice,” McConvile explained. 

The IP Address Is the Cookie of CTV

While CTV doesn’t operate on cookies, it does use IP addresses for audience targeting. This makes IP addresses the cookies of CTV. One or both will put a velvet rope around the web and obfuscate the IP address.

What will happen next as the IP address becomes effectively deprecated by big tech?

Doshi, SVP of Programmatic Strategy & Operations at Raptive, thinks the IP address signal loss would reduce graph strength for everyone. “It makes regulatory compliance hard, especially if there are different state-by-state regulations that may conflict,” she explained. “There are no good solutions right away, and solutions will differ per environment since regulations differ per environment. We may see some advantages on desktop, but the long road ahead is to figure out how to make it work.”

Nuzzo had an opposite opinion, “I think the IP address for us opens up an opportunity that we haven’t explored as publishers,” he said. Also, stating that there are actually a lot of good use cases for the deprecation of the IP address that we haven’t thought of. “I hope the industry allows us to explore that before they cut off at the knees,” he said. 

The IP address powers a lot of how performance TV works since viewers don’t click on their televisions to buy something. The IP address connects the devices in your household. “You have a smart TV that lives on an IP address, and you have a mobile phone that lives on that IP address,” McConville explained. “So if you see an ad on Peacock on your smart TV, you can buy the sneakers from that ad on your mobile phone.”

The industry will have many holes to fill if the IP address is deprecated because, aside from targeting, the IP address is crucial for cross-device measurement. There is also some interesting work on an Internet service provider level to future-proof the ability to tie IP signals to a deterministic household in a privacy-compliant way.

From a fraud vector perspective, the IP address is used for many fraud detection and data security issues as you start to proxy through a single IP address or VPN on the web. This opens up many fraud and data security issues for advertising and health, tech, finance, and national defense implications. 

In short, IP addresses have many uses in the advertising ecosystem beyond targeting. Many publishers will have to think through and plan for the many implications.

Is First-Party Data the New Oil in Our Industry?

When it comes to first-party data, we are somewhat in a world of the haves and have-nots. The walled gardens have had identity for many years, but everyone outside of them had an alternative architecture through cookies they could function on. 

 Publishers and brands have to create a value exchange to get the data. There are tons of data-rich companies, like Amazon, for example. You are unable to use any Amazon entity without logging in. Publishers need to make sure that their consumer product teams are creating a system for authenticating users and communicating the value exchange to garner more logins. 

Now is the time, more than ever, for companies that have not traditionally collected first-party identity signals to figure out smart ways of doing it. “On the cohorting side over at NBCUniversal, they have done some really interesting tests with seed data using AI and content. 

“We fed our content into an AI engine, scanned all the contextual metadata for all the content, and then created lookalike models using that more granular data set. By using this AI deep contextual metadata, which is also our first-party data, we found that the segments performed much better,” said McConville. 

At Hearst, there are tiers of data assets at their disposal, so it doesn’t have to be explicit logins. They collect 4 trillion data points on their users monthly, which is precious data. Recently, they conducted a study and saw a 140% increase in click-through rate when they applied both contextual and behavioral into one segment for the advertiser. 

“We’ve lived on this behavioral journey for so long, where the mentality was just follow the consumer around, and they’ll buy my shoes,” Nuzzo said. “This may be true, but when you serve 5000 impressions to them versus if you serve them the right content, you’ll have to do far less of that, and the interaction rate will improve.”

Where Do We Go From Here?

As an industry, we have a nasty habit of waiting until the last minute before we react to changes. We have built a solid muscle on the third-party cookie, so is there a sense of urgency in Q1 of 2024? Probably not. 

Patrick McCann, SVP of Research at Raptive, also led a main-stage discussion highlighting how more publishers need to start testing the Privacy Sandbox. Raptive hopes that we will discuss how the buy side is ingesting and understanding some of that data next year. 

Clean rooms were also discussed, and McConville predicts that we will see some real commercial action coming out of Clean Room integrations because there was a long time when they weren’t being utilized. With Amazon and Google PAIR, we see real commercial examples of bringing first-party data service into these data clouds.

Nuzzo thinks we will talk about gen AI in the spring of 2024 and finally have some real learnings from it. We will finally have some metrics to see what works, and what doesn’t work. 

The post Addressing the Future: Publisher Perspectives on Data, Privacy, and the Road Ahead appeared first on AdMonsters.

Then, about four years later, the universe allowed her to bump shoulders with Amber Bracegirdle (Mediavine Co-Founder and Chief Brand Officer), and the two connected over personal and professional philosophies.

When Bracegirdle described Mediavine to Lieberman, the pair realized they had many of the same values, and helping content creators make money online was a core concept for both. Mediavine grew quickly, and it became apparent that it was time to bring the legal function in-house. Lieberman was honored when Mediavine asked her to join full-time as SVP and General Counsel. 

In her current role, Lieberman is responsible for all aspects of the company’s legal operations, including providing legal counsel and coaching on policies and procedures, intellectual property, contract negotiations, and compliance. She is Mediavine’s chief advisor in refining and enhancing corporate standard operating procedures with a focus on compliance to ensure Mediavine continues to provide innovative solutions, offerings, and services.

We talked to Jamie about running an all-women legal team at Mediavine and how she strives to promote diversity daily.  

Yakira Young: A small percentage of women run in-house counsel at tech companies. That percentage is even smaller for ad tech! At Mediavine, you run an all-woman legal team. How did that happen?

Jamie Lieberman: I started my law firm because I saw a problem in the Legal world that needed to be solved. I was a new mom who felt frustrated that I was being told there was no way to work full-time practicing law while being a mother. So, in response, I started a virtual law firm to do both without sacrifice. I think it naturally attracted other female professionals, not by design but because women found they could practice law, find support, and work in a balanced way.

In working as Mediavine’s external counsel, I saw how much the company cares about the health and well-being of its employees. When asked to join as in-house counsel, I knew the women from my firm transitioning with me would be well cared for in culture and benefits. We were really excited to keep the team together at Mediavine.

 YY: Since your start at Mediavine in December 2022, how have you helped implement positive change at the company?

JL: Mediavine really celebrates innovation, as evidenced by their ad tech. When I joined late last year, I wanted the company to experience that same innovation with regard to our legal department. I aimed to integrate our team so that legal was a welcomed partner in all business discussions. As lawyers, our role is equal parts counsel and education, and we set out to begin educating and meeting with employees to help them understand this. My team and I are here to collaborate across all business functions and streamline processes. 

The legal team has also centralized our contract management system and hired a new Director of Privacy and Compliance to create a new compliance program. We have made massive strides in a short period.

 YY: What are the core experiences from your career experience that helped prepare you for where you are in your career today?

JL: I didn’t begin my career practicing law, but I had a great mentor who suggested I go to law school. I worked while going to school full-time, so my work ethic was solid. Once I graduated, I began working at some large law firms. Through problematic encounters in those firms, I quickly realized what was missing in those working environments. I started to understand how vital a strong manager is to the growth of young attorneys. Before I started my law firm, I searched for an inclusive workplace that values its employees and had strong managers, but I could not do so.

This is a male-dominated industry, and unfortunately, in my first few jobs, I experienced all forms of harassment. I almost left the practice of law because of it. Still, instead, I’ve taken the negatives and have been able to use them as a learning experience so I could create a better working environment for my employees and be a better manager. I love practicing law, and when I started my firm and was able to remove some of these pain points, I began to love my job again. Joining Mediavine was a natural next step as the values of my law firm aligned with those here at Mediavine.

 YY: What unique challenges do you face as a general counsel in the ad tech industry?

JL: As general counsel in ad tech, I am often the only woman on an external phone call or meeting. It can be challenging to work in an industry when no one looks like you. To that end, my mission is to mentor others so they can find it in this field.

At Mediavine, the growth of our business has been extraordinary. Coupled with the fact that privacy laws are constantly changing, means my team and I need to be agile. We are lucky to work at a company that values innovation. It’s fun to solve problems and to be a part of this type of working environment that values diversity and collaboration. 

 YY: How do you ensure diversity and inclusion within your team and the company?

JL: I’ve dedicated over a decade to supporting and guiding content creators through my law firm’s work. Early on, I recognized that influencer marketing and content monetization on the web was critical to a free and fair Internet. I have used my legal expertise to help clients, usually women or underserved communities, understand the complicated and ever-changing content and privacy laws online. Mediavine also values helping small business owners create and maintain sustainable businesses; that type of inclusion resonates with me.

YY: What are the most pressing legal issues facing the ad tech industry?

JL: The most pressing legal issue facing ad tech is privacy compliance. The legal and regulatory landscape is constantly changing due to new laws and technologies. Because the internet is global, we must be aware of the constant updates to privacy laws, state-by-state regulations, changes to GDPR, and similar measures from international bodies. The size and speed of the programmatic ad space are immeasurable, so my team and I take Mediavine’s compliance very seriously. We are privacy forward and constantly dedicating more resources towards it.

YY: How does your legal team stay up-to-date on industry changes and developments?

JL: We prioritize involvement in industry events and trade groups like the Interactive Advertising Bureau, International Association of Privacy Professionals, Association of Corporate Counsel, and Tech GC. My team and I actively carve out time to ensure we can attend educational events that align with our interests and department goals. Mediavine prioritizes investing time and energy in training, which is helpful in an ever-changing industry.

 YY: Can you walk us through your approach to balancing legal compliance with business goals and objectives? 

JL: I view the legal department as a key partner to internal stakeholders. Our job is to assess risk and to work collaboratively to balance compliance requirements with the needs of our business. Legal should never be a roadblock but instead one part of a larger equation in making larger business decisions.

 Education comes into play here too. Suppose my team is involved with new initiatives from the beginning and can have meaningful conversations with the right people early on. In that case, we can lead from a place of collaboration as we assess risk versus return. 

YY: What advice would you give to women aspiring to become general counsels or lead all-female teams?

 JL: It’s really important to be true to yourself. Know your strengths, and don’t apologize for trusting your instincts. Women have been experiencing Imposter Syndrome for decades, but you rarely hear men talk about it. Advocate for yourself!

 In addition to knowing and understanding yourself, having a group of safe, trusted people around you is crucial. Find a mentor. Surround yourself with people who support you and your strengths. Women connect differently in business, and that should be celebrated. We should lift each other up.

The post Jamie Lieberman Opens New Doors With Her All-Women Legal Team in Ad Tech appeared first on AdMonsters.

Recently, President Biden signaled how important privacy legislation is by addressing it at the State of the Union for the first time. We all recognize that state privacy laws are here, with many more to come. At this point, we desperately need universal privacy legislation that supersedes state laws to create a level playing field for credibility, stability, and protection for consumers and businesses. 

At RampUp 2023, “Stay on the Forefront of Privacy Legislation” was a session where Washington D.C.-based ad tech counsel and a VP at the U.S. Chamber of Commerce shared their perspectives on what’s happening right now and what the industry can do to streamline the process. One common denominator among the three session participants was that now was the time for one federal privacy law. 

The Time Is Now

Data is highly regarded because it helps to deliver impactful services to consumers and customers. It unlocks the potential of the information economy to communities and helps ensure that consumers have access to important and useful information for free. It makes the open web a lot like the public library. Also, with the right data, consumers can access personalized apps and services that make life easier.

And, for the ad tech ecosystem, it powers the pipeline, bringing the right message to the right consumer at the right time. However, this all goes out the window if we do not establish a reasonable and well-thought-through national policy for data.

In a study conducted by Privacy for America, we learned that consumers enjoy over $30,000 a year in subsidized content and services online. A law restricting that flow of data availability could increase what we consider an online tax by over $30,000. 

We must ensure we continue to provide consumers with this same access. This isn’t just an ad tech issue. With six state data privacy laws already on the books and many different bills under consideration, delivering the impactful information and services consumers expect grows harder and harder.

“Without a preemptive national standard, we risk that the policy, and how we can engage with consumers and build audiences, will be left to just a handful of companies,” explained Michael Signorella, co-chair of the Technology and Innovation Group at Venable law firm. “They will decide how we can address media to consumers online, think of ATT.”

The Tragedy Associated With State-led Privacy Legislations 

According to a recent U.S. Chamber of Commerce report, 80% of small businesses stated that tech platforms, ads, and payment apps enabled them to compete with larger corporations. So limiting access to data and the ability to use data will constrict their business operations. 

“There are currently about 20 states that have introduced bills being considered now,” said Jordan Crenshaw, VP at the U.S. Chamber of Commerce. “The problem is that we’re seeing multiple models emerge, and even when we have very similar models, they are still somewhat different. If you’re a food truck with about 270 customers daily, complying across state lines would be nearly impossible.”

The California Consumer Privacy Act was the first comprehensive law in the U.S. to go into effect. It gives consumers the right to delete data, opt out of data sales, and know what data companies hold about them. Nonetheless, the private right of action associated with this act could be problematic when it comes to data breaches. 

Virginia’s Consumer Data Protection Act, which went into effect in January, gives consumers the right to opt out of data sales and targeted advertising. Like California, Virginia consumers can also delete data, but they also can correct data and opt-in for sensitive data. There is no private right of action in Virginia, which is good because it leaves enforcement up to the state’s attorney general. It also doesn’t allow for broad rulemaking authority to any agencies in the state, keeping the terms and conditions concrete. 

When it comes to federal privacy, the Chamber of Commerce currently sees states embracing the American Data Privacy and Protection Act (ADPPA) and opt-in frameworks where businesses have to get consent to use data outright, like in Oklahoma. All these differences are a huge red flag for compliance for small businesses. 

Where Are We Seeing Specific Privacy Regulations?

Health Data: Since the Roe v Wade decision, there has been a call to create privacy protections around abortion data or data that might lead to that. The problem is that now that issue has worked into massive health bills creating an even larger issue. In Washington, the state has a bill in review that would require consumers to opt-in for data usage, thus harming data flows for things like health research, clinical trials, for example. That bill also has a private right of action.

Children’s Data: States are proposing updates to the Children’s Online Privacy Protection Act (COPPA). Utah even has a social media bill that would shut off social media usage after 10 pm, substituting the role of a parent with a private right of action and age verification.

Biometric Data: An example of this is facial recognition technology. States like Illinois already passed laws related to biometrics, whereas a company could be subject to private lawsuits if it failed to get consent to use biometric data. 

Convos on Capitol Hill

As Principal at Emergent Strategies, a Democratic government affairs firm in Washington, DC, Michael Claunch spends much time on Capitol Hill. While conversing with Congress, he knows they are working to solve many of these privacy issues, whether conflated purposefully or unintentionally. 

On the Hill, they are working on complex issues like privacy, whether online markets are competitive enough, and Section 230 reform. Members of Congress feel extremely passionate about these issues, but if they try to address each silo, they will affect the other; privacy is a great example. 

“When I interact with Congress, I’m very consistent in my message that a federal privacy law will be the competition law for the next decade,” Claunch explained. “There will be winners and losers as some entities will have better access to more rich data and be able to use it. Market impacts need to be taken into consideration.”

Why Not the ADPPA?

While the ADPPA is an admirable attempt, it’s just not it for many reasons. Experts see many weaknesses regarding its impact on competition and the fact that it has an overly broad definition of sensitive data. It can eliminate the ability for brands and third parties to use data to get a complete look at the consumer and target them across the web. 

The ADPPA presents unequal treatment between first and third-party marketers; as we know, if a company has a first-party relationship with a consumer, it’s way easier for them to get opt-in consent on that sensitive data.

Currently, the way the ADPPA is written, third parties are at a significant competitive disadvantage compared to first parties. Thankfully the three legal professionals on this session — Jordan Crenshaw, Vice President, U.S. Chamber of Commerce; Michael Signorelli, Partner, Venable LLP; and Michael Claunch, Principal, Emergent Strategies — are working to change that. With a new Congress in place, it presents an opportunity to reset and build up the good work regulators have done. It also gives them ideas to ensure that a federal privacy law considers all stakeholders.

The post Privacy Experts Convene on the Need for Federal Legislation at RampUp appeared first on AdMonsters.

During her Publisher Forum Santa Monica keynote address, “Escaping CCPA Limbo,” on Monday, March 9, Lee will discuss the newly implemented (and still fluid) California Consumer Privacy Act (CCPA) and how publishers and ad tech professionals can use the narrative of the law to build new bridges to customers.

Using New Privacy Laws as Bridges to Consumer Conversation

Undoubtedly, the upcoming changes to privacy laws will continue to keep Lee on her toes.

“Adjusting to the new regulatory landscape is the biggest issue facing the industry right now,” she says.

According to Lee, new legislation like the General Data Protection Regulation (GDPR) out of the EU and CCPA are just starting the wave of laws that will change the landscape of how companies handle data.

But whereas 2019 seemed to focus on the negativity surrounding marketing and technology, Lee is looking to 2020 as more of an opportunity to build bridges to reconnect with and reengage with her community. “I don’t think ad tech will go away or fail. It’s a matter of pivoting and adapting,” Lee says, “We need to figure out how to communicate with consumers about what we do with their information.”

Finding Direction

Lee’s road to becoming a privacy law expert started at a very early age. As a youth, she was already being groomed for a legal career.

“In my family, being a lawyer was the holy grail,” Lee says, “Everyone just felt it was the profession I’d go into.”

Her family believed in it so much that at the age of 14, Lee was given a copy of Black’s Law Dictionary and the Constitution to study and was instructed to write down the amendments.

While the law certainly interested her, Lee was torn between that field and journalism, current events and delivering the truth. But ultimately, the family push toward the legal profession won out.

A few years later, she attended Columbia College and then went on to pursue her Juris Doctor degree at Columbia University where she made her mark as the first person in her family to become a lawyer.

After getting her legal feet wet, she joined Loeb & Loeb in 2011 as a Senior Associate and became a partner there in 2017.

Creating the Road Map

The path to Lee’s legal career did not come without its challenges.

“A lot of the obstacles come from the challenges in seeing and understanding how to navigate the path forward. You have concrete steps that you have to take to become a lawyer: get the grades, go to college, go to grad school, pass the bar…” she says, “But then you become a lawyer and your clearly defined path falls aside. It can be hard to navigate without a road map, so staying on course is a challenge.”

Nevertheless, she persisted. Lee put the map together herself, combining what she wanted to get out of her career with her interest in supporting the media to carve out her own niche of legal practice.

“Ten years ago, it was marketing law, advertising and using data for advertising and innovation purposes–and Loeb sits at the intersection of all these areas online. Over time though, the issue of privacy has become such a big issue that it’s really taken over and is now the mainstay of my job,” says Lee.

"I don’t think ad tech will go away or fail. It’s a matter of pivoting and adapting. We need to figure out how to communicate with consumers about what we do with their information."

Citing massive new regulations that will change the legal framework of how businesses operate, Lee says it’s this dynamic nature of the privacy beast that keeps her motivated.

A Rewarding Path

With hard work, comes accolades and rewards.

Lee’s professional and personal work have not gone unrecognized in the legal community.

Among her many awards and recognitions, Lee was most recently named “Best Lawyer” in Privacy and Data Security Law by The Best Lawyers in America (2020) and CUP Law Catalyst by The Council of Urban Professionals (2019) for her pro-bono work.

For Lee, these awards help affirm that she is on the right path. “A lot of the work we do is behind the scenes, the hours can be grueling, and we don’t always feel the immediate gratification on a day-to-day basis. These awards are recognition that help you overcome periods of self-doubt.”

Connecting to Culture and Community

“I can’t just focus on the legal side of things, though, I need to focus on the full picture and maintain my own sanity and interests,” admits Lee.

And she found that outlet over time by moving to Brooklyn.

“Living as a lawyer with a practice in the city, Brooklyn offers real and symbolic ways to unplug. You can cross the bridge and go to a new place that’s culturally diverse,” Lee says, “Having that is an important way to be a well-rounded attorney.”

Lee has not only made her home in Brooklyn, but she also focuses on giving back to the community that gives so much to her. She takes an active role in nonprofit programs like Reel Works, Groove with Me and Hudson Link for Higher Education in Prison.

“It’s great to have success, but it means less until you give back to the community. There’s an educational thread throughout all the groups I am involved with, and I get to see first-hand how these programs have an impact,” says Lee.

“It’s so easy to think the things you’re going through are the most important and challenging. These groups give me context and really put things into perspective,” she adds.

To learn more about how your organization can navigate its way through new privacy laws, join Lee Monday, March 9 at 4pm for her keynote, “Escaping CCPA Limbo.”

The post Best Lawyer in Privacy and Data Security Law: Jessica B. Lee Bridges the Legal Gap Between Media, Privacy and Community appeared first on AdMonsters.