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March 8th, 2022
Ad Industry’s Third-Party Data Use Grew Despite Impending Cookie Shutdown
Chair of the Privacy & Data Security Group Daniel M. Goldberg was quoted in the article, ”Ad Industry’s Third-Party Data Use Grew Despite Impending Cookie Shutdown” by Cybersecurity Law Report. The article discusses the Interactive Advertising Bureau (IAB)’s annual State of Data report which showed the advertising industry increased its use of third-party data in 2021 from the prior year, despite the planned elimination of third-party tracking cookies on web browsers. The IAB issued a call to action with its research findings and warns that companies risk harsh disruption and costs if they do not move towards more privacy-safe data use. The report determined that too few companies in the industry are sufficiently preparing for the tracker phase-out. Daniel shares his thoughts on how regulators and companies are preparing for the next-generation tools and privacy laws.
With privacy rules becoming more strict and public focus rising, the proposed post-cookie solutions come with no guarantee that regulators will approve. Daniel says, “A lot of regulators may not look as closely at the fundamental technology or understand it.” He says the regulators may take a broad view of improper targeting of ads and what counts as personal data. “They are going to say, ‘I see what you’re doing here and you’re trying to be cute, but we don’t buy it.’”
The IAB emphasizes the importance of first-part data as it is essentially “the future.” Daniel who serves on an IAB legal advisory board observes, “the organization’s premise is that the public may put an end to cross-site tracking and ad personalization within a few years.” He adds “IAB is saying that not enough companies seem to understand what the big implications are going to be when the switch is flipped on cookies. Companies can’t stick their heads in the sand.”
While the report found companies have been slow to act, it showed leaders are at least thinking of the future. Daniel says, “Companies are holding back while so much remains ambiguous about the next-generation tools, he adds, “Companies are saying they don’t know what the next thing is going to look like, so we don’t want to put all of our eggs in one basket, supporting one technology when it turns out it will become antiquated.”
The article also notes that Privacy laws are up in the air, notably what the new CPRA regulations will say when the California Privacy Protection Agency (CPPA) issues them, scheduled for July 15, 2022. Daniel says, “Enterprises involved with advertising want to comply, act properly and avoid trouble.” Adding, “Companies are very open to exploring any and all solutions. Sometimes, they jump prematurely at a solution,” naively accepting the vendor’s claims about the product’s legality. “That’s where we have to slow them down, to vet the solution,” he said. “Vetting the privacy solutions for advertising has sometimes been drawn out because so much is changing,” Daniel continued. “Companies are monitoring emerging privacy laws and three other areas in flux: variation between different media formats’ privacy tools, the plethora of replacements under development for third-party cookies, and platform rules and mandates affecting data collection and ad tracking.”
Read the article here. (Behind paywall)
Other Quoted
Challenges in Opt-Out Design and Children’s Privacy Highlighted by Sling TV’s Settlement With California AG
Cybersecurity Law Report quoted Daniel Goldberg regarding California AG Rob Bonta's $530,000 settlement with Sling TV for CCPA violations related to opt-out processes and children's privacy protections. Goldberg noted this is "the first CCPA settlement involving a connected TV" and indicates that connected TV is now a priority for privacy enforcement. Goldberg predicted future settlements are more likely to reach seven or eight figures as investigations progress. He explained that companies struggle to operationalize opt-outs across different platforms because many rely heavily on consent management platform vendors that often cover only cookie-based activity and don't connect to the backend systems that actually drive targeted advertising.
On children's privacy, Goldberg highlighted the CA AG's aggressive stance, noting that although Sling TV didn't collect age data, the AG concluded they still had knowledge of minors through child-directed channels, notifications from programmers, demographic inferences purchased from data brokers, and ad-targeting segments that included children. He observed this "arguably expands the notion of 'actual knowledge' under the CCPA." Goldberg advises companies to map out data flows and opt-out signals across every environment and audit vendor configurations to ensure the tools actually work. Read the full article on children’s privacy protections here. (Behind a paywall)
December 1 2025
Game companies must be flexible to comply with changing laws
Emma Smizer was recently featured as a panelist at GamesBeat Next 2025 and quoted in a GamesBeat article discussing global regulatory compliance and its impact on the gaming industry. The panel examined how evolving policy frameworks create new opportunities for developers and platforms navigating global markets.
Smizer addressed compliance challenges under emerging laws, specifically citing the Texas App Store Accountability Act. She noted that this kind of legislation changes how developers and platforms interact with users: “App stores have to do this age verification, but so do software and hardware developers. Global compliance is complicated, even just across the states… We’re moving toward a world where you can’t just be willfully ignorant about the age of your users.”
Her analysis emphasizes a growing trend that age verification and child safety requirements are not only regulatory hurdles but also can create opportunities and growth for businesses and sectors. Read the full summary of the panel here.
November 25 2025
Copyright Guide or Policy Change? Project Divides IP Attys
Law360 quoted Jacqueline Charlesworth on the controversy surrounding the American Law Institute’s copyright restatement project. Ms. Charlesworth criticized the initiative as advancing a “revisionist theory” that could weaken copyright protections. She was among nearly two dozen advisers who resigned from the project, signaling deep concerns about its direction.
The article highlights a broader debate within the IP community: whether the restatement simply clarifies existing law or attempts to reshape policy in favor of users. Ms. Charlesworth’s perspective emphasizes the stakes for rights holders as courts and practitioners consider how much influence the restatement may carry. Read the Law360 article about the copyright restatement project here.
November 19 2025
