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
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