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Areas of Interest
July 5th, 2023
What Are “Data Clean Rooms”?
Privacy & Data Security Group Chair, Daniel M. Goldberg is quoted in the article, "What Are 'Data Clean Rooms'?" published by The Markup. The article discusses the use of "data clean rooms" including proper implementation, privacy concerns, and their effectiveness in privacy regulation. Daniel is quoted saying, "So there is no silver bullet. Every clean room operates somewhat differently. It’s all subject to what the vendor is actually doing. So just like anything, it’s a marketing buzzword in a lot of ways, and the devil is in the details.”
Daniel notes that the use of clean rooms is a positive thing and believes a lot of good work has been done to integrate their use in the industry. However, he cautions that simply using a clean room does not relieve companies of their regulatory responsibilities. He adds, "While the use of clean rooms may reduce their risks, “it can’t just be like, ‘Oh, we use it, therefore we don’t have to comply with anything because we’re no longer subject to privacy law.'"
Daniel recommends the use of data clean rooms be disclosed in a company’s privacy policy. "I would say the number one concern is the lack of knowledge from consumers that this is actually happening. There’s an issue where these clean rooms don’t have a direct relationship for the most part with consumers.… How could a consumer ever figure this out?”
In conclusion, he says, "If you’re going to engage in data clean room activities, you need to make sure that you’re giving users [a] choice about this. And if they want to be able to opt out, you should allow them to opt out.”
Read the full article here.
Other Quoted
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
Reports of ‘Click-to-Cancel’s Death May Be Premature
A Competition Policy International article quoted Holly A. Melton on the continuing impact of the Federal Trade Commission’s “click-to-cancel” rule , despite a recent Eighth Circuit Court of Appeals decision. Melton was quoted for her analysis of the FTC’s $2.5 billion settlement with Amazon over Prime subscription practices. In a blog post, Melton pointed to a clause in the agreement that anticipates future rulemaking around negative option features. “That’s not boilerplate,” she wrote. “It reads like a deliberate placeholder—future-proofing the settlement for the reappearance of Click to Cancel.” Melton interprets this as a strategic move by the FTC to potentially revive the rule through a new proceeding.
Melton’s outlook reflects a broader shift in the FTC’s enforcement priorities toward consumer-facing issues like subscription transparency and cancellation ease. She referenced Commissioner Mark Meador’s remarks about focusing on “everyday economic concerns affecting ordinary households” and noted that, even without immediate rulemaking, the agency’s litigation stance signals that subscription practices will remain a top-tier priority for the Bureau of Consumer Protection. Her guidance to advertisers and subscription services: “prioritize transparency, obtain affirmative consent, and make cancellation as effortless as sign-up. The ‘Click to Cancel’ may be down, but it’s not out,” Melton concluded, underscoring the FTC’s intent to keep its options open. Read the Competition Policy International post here.
November 11 2025
