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September 27th, 2022
Metaverse IRL: Tackling Privacy Amid the Rampant Hype and Burst of Deals
Privacy & Data Security Chair Daniel M. Goldberg and Interactive Entertainment Co-Chair Gregory Boyd are quoted in Cybersecurity Law Report’s article, “Metaverse IRL: Tackling Privacy Amid the Rampant Hype and Burst of Deals.” The article discusses privacy issues that lawyers have encountered during real-life metaverse dealmaking and counseling.
Daniel is quoted saying, “Higher sales of headsets and the rise of platforms in 2022 raises the possibility of a mobilization to provide metaverse app experiences. Within the platforms, there will be opportunities for developers to release and be part of that. I see this as most comparable to the app gold rush of the early 2010s when Apple’s App Store opened.” Apple is working on a headset and platform, and has obtained trademarks for Reality One and Reality Pro. “When Apple opens its Reality Whatever, a number of companies can rush out and try to build the first apps for that Reality metaverse,” Daniel said.
The emergence of this new tech market follows the pattern that innovation darts ahead of careful privacy planning. Daniel says, “A lot of these metaverse companies start off scrappy and small, and their goal is just to get the product out there. They’re not always thinking about the privacy issues when they explode. Then they have to retroactively figure it out.” Over half the young tech companies that Gregory Boyd encounters have run up a so-called privacy debt. Greg is quoted saying, “It’s probably seven out of ten. ‘We have a product making a lot of money. Can you help us shove some privacy in here?’”
Daniel says, “Metaverse privacy work, at core, involves upholding longstanding principles.” “Privacy is supposed to be technology agnostic.” Immersive worlds, for example, have faced COPPA restrictions since 1998, he observed.
Full article here. (Behind paywall)
Other Quoted
Attorney Cautions That Privacy Laws Cover All Platforms, Not Just Sites
Privacy Daily quotes Daniel M. Goldberg in an article on growing trends in privacy laws and enforcement. The publication covered a webinar presented by Mr. Goldberg and Privado CEO Vaibhav Antil. Mr. Goldberg stated, '“although several enforcement actions have targeted websites, mobile apps are also subject to all privacy laws'” He noted how it’s no longer enough for companies to rely on privacy vendors for compliance but must practice due diligence. Mr. Goldberg reviewed California enforcement actions against Honda, Todd Snyder, and Healthline.
“With all three of these examples, ‘these are not companies that did nothing,” he said. ‘These are companies that had measures in place, that had actually used a vendor to implement them, but the way that it was configured was not tracking the law perfectly.’” He also pointed out how enforcements and fines are rising. View Article. (Registration required.)
July 31 2025
Data Privacy Roundup
The AdExchanger newsletter quotes Daniel M. Goldberg, highlighting key privacy enforcement trends. He provided an example of how opting in cookie tracking by clicking a bold “Allow All” button contrasted with declining tracing, which required a more involved two-step process. Mr. Goldberg pointed out that regulators saw this process as a “potential dark pattern.” “‘Symmetry of choice is the idea that it should be just as easy to accept as it is to reject,’” Goldberg said. ‘It’s an area regulators are looking very, very closely at.’” He also noted dark pattern fines, especially with the CPPA could become substantially larger. He underscored due diligence in programs, referencing recent privacy enforcement setttlements and fines. “‘All these cases involve vendor solutions that did not work,’ Goldberg said. ‘In almost all of them, the company did have privacy compliance in place; it just wasn’t working.’” View Article
July 25 2025
SHOOT’s 65th Anniversary Reflections: FKKS’ Managing Partner Jeffrey A. Greenbaum
SHOOT Magazine quotes Jeffrey A. Greenbaum in its 65th Anniversary coverage on where the advertising industry has been, is, and is going. Jeff discusses the most significant legal cases during his industry tenure and the accompanying lessons, the most pressing legal issues for the commercial production community, his most meaningful professional accomplishments, and the value he has gained from reading SHOOT. Read more.
July 24 2025
