The Monopoly Report

Alan Chapell
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  • Marketing
  • Updated Biweekly

In-depth coverage of big tech's antitrust woes from Marketecture.tv. We are covering the Google search and ad tech trials and everything else happening. Subscribe to our newsletter at https://monopoly.marketecture.tv

  1. 3d ago

    Episode 78: Privacy’s Defender Cindy Cohn on Encryption, Surveillance, Privacy Rights, and the Future of Digital Freedom

    Alan Chapell sits down with Cindy Cohn, former Executive Director of the Electronic Frontier Foundation (EFF) and author of Privacy’s Defender. They discuss the landmark Bernstein encryption case, the Snowden revelations, surveillance, behavioral advertising, privacy regulation, competition law, some lessons for companies in the ads space, and the future of digital rights in an increasingly monitored world.  Privacy’s Defender is available at: https://mitpress.mit.edu/9780262051248/privacys-defender/ Can Privacy Technologies Replace Cookies? Ad Revenue in a Field Experiment is available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5284526  The Chapell Regulatory Insider is available at: https://chapellreport.substack.com/ Takeaways Cindy Cohn reflects on her role in the landmark Bernstein case that helped establish encryption as protected speech. The conversation explores how the Snowden disclosures exposed mass government surveillance and reshaped privacy debates. Privacy, competition, copyright, and technology policy are deeply interconnected and require a multi-pronged approach. Both guests agree that many privacy regulations unintentionally burden smaller companies while reinforcing Big Tech dominance. Behavioral advertising, surveillance pricing, and data-driven discrimination pose growing risks to consumers. Cohn argues that privacy rights must be continuously defended and that the next generation has a critical role to play. Chapters 00:00 Introduction to Cindy Cohn and Privacy’s Defender 03:57 The Bernstein Case and the Fight for Encryption Rights 06:10 Human Rights Law as a Foundation for Privacy Advocacy 08:23 How an Early Court Victory Shaped a Career 13:22 The NSA, AT&T, and the Snowden Revelations 20:46 Centralized Power, Internet Architecture, and Digital Freedom 25:07 Privacy Regulation, the FCC, and the FTC Debate 29:19 Private Rights of Action and Privacy Enforcement 31:54 Behavioral Advertising vs. Contextual Advertising 35:20 Surveillance Pricing and Consumer Fairness 39:33 Competition Law, Big Tech, and Regulatory Capture 41:10 Why Privacy Is a Team Sport 45:02 Music, Community, and Avoiding Burnout 48:26 Key Lessons from the Conversation 53:08 Surveillance Pricing, AI, and Future Risks 54:06 The Growing Number of Privacy Choke Points 55:11 Final Thoughts and Book Recommendation Guests: Alan Chapell Learn more about your ad choices. Visit megaphone.fm/adchoices

    56 min

  2. Jun 10

    Episode 77: Tom Kemp & Tony Ficarrotta on California’s Delete Act, Data Brokers & Privacy Law

    At the NAI Summit 2026, Tony Ficarrotta, VP and General Counsel of the NAI, sat down with Tom Kemp, Executive Director of CalPrivacy, for an in-depth discussion on the California Delete Act, the DROP platform, data broker regulation, opt-out preference signals, privacy enforcement, and the future of federal privacy legislation. They explore how California is making privacy rights easier to exercise for consumers, the challenges of balancing innovation with consumer protection, and what businesses should expect from the next wave of privacy regulation. More info on the NAI at https://thenai.org/ More info on CalPrivacy at https://privacy.ca.gov/about-us/ More info on the Chapell Regulatory Insider at https://chapellreport.substack.com/ Takeaways Former Silicon Valley entrepreneur and cybersecurity founder Tom Kemp now leads CalPrivacy as Executive Director. CalPrivacy aims to make privacy rights easier to exercise for consumers through tools like DROP and browser-based opt-out signals. California is developing a centralized system for consumers to request data deletion from registered brokers. The agency handles enforcement, rulemaking, audits, education, advocacy, and the data broker registry. Kemp opposes federal laws that could override stronger state privacy protections. California is expanding browser-based privacy controls while prioritizing consumer intent. Key focuses include audits, consumer education, streamlined compliance, and alignment with other state privacy laws. Chapters00:00 Introduction & Special NAI Summit Interview01:38 Meet Tom Kemp: From Entrepreneur to CalPrivacy Director08:49 Why Tom Kemp Wrote His Book on Big Tech & Privacy14:01 Why Privacy Matters and the Risks of Personal Data Misuse18:32 What Makes CalPrivacy Different From Other Regulators?24:30 California Privacy Legislation and Current Policy Priorities29:22 AB 1542 and the Debate Over Sensitive Data Sales36:38 Expanding the Delete Act Beyond California40:28 Federal Privacy Law and the Secure Data Act Debate46:39 Opt-Out Preference Signals and Consumer Choice at Scale57:03 Privacy Regulation, Competition, and Browser Influence01:02:08 The Future of California Privacy Regulation01:04:23 Building CalPrivacy’s Next Chapter01:07:54 Closing Remarks & Preview of Next Episode Guests: Alan Chapell Learn more about your ad choices. Visit megaphone.fm/adchoices

    1h 10m

  3. May 27

    Episode 76: John Battelle on AI, Data Ownership and the Future of the Open Internet

    Alan Chapell sits down with journalist, entrepreneur, and Wired co-founder John Battelle for a deep discussion on AI, privacy, data ownership, publishing, and the future of the internet. They unpack the “inner monologue bloom,” OpenAI’s ambitious ad revenue projections, the economics behind content creation in the AI age, and why Battelle believes data portability could unlock an entirely new innovation economy. From programmatic advertising to platform control, this conversation explores who will ultimately control the next era of digital infrastructure. You may find John at https://battellemedia.com/ or https://www.linkedin.com/in/johnbattelle/. You may find the Chapell Regulatory Insider at https://chapellreport.substack.com/. Takeaways - AI chatbots are creating a new “inner monologue” data economy. - Data is non-rivalrous, but tech platforms treat it like a closed asset. - OpenAI’s $100B ad revenue target would require massive market disruption. - Publishers still lack a scalable AI monetization model. -Programmatic ad tech may be one of the most underutilized infrastructures online. - Battelle argues consumers should own portable, machine-readable versions of their data. - AI agents could reshape commerce, search and personalization. - Platform control battles are shifting from browsers to AI ecosystems. - Local journalism faces a growing sustainability crisis in the AI era. - The next phase of the internet may depend on user-controlled AI agents. Chapters 00:00 Alan introduces John Battelle and his background in tech and media. 03:00 The “inner monologue bloom” and AI-driven privacy concerns. 09:20 Why data is treated incorrectly as a rivalrous asset. 15:00 OpenAI’s $100B advertising ambition and whether it’s realistic. 19:30 The future of AI agents and user-controlled personal data. 27:15 Apple, platform gatekeeping and the fight for user agency. 35:00 The economics of AI infrastructure and compute costs. 39:55 How AI impacts publishers, local journalism and content monetization. 50:55 Retail media, first-party data and the future of advertising. 58:00 Journalism as a public good and the risks of centralized AI control. 01:01:00 Why programmatic ad tech remains massively underestimated. 01:11:30 Battelle’s proposed “Token Act” and machine-readable data portability. 01:16:45 Final thoughts and where to follow John Battelle. Guests: Alan Chapell Learn more about your ad choices. Visit megaphone.fm/adchoices

    1h 16m

  4. May 13

    Episode 75: Brave's JP Schmetz: ‘Publishers Need to Get Their Act Together'

    JP Schmetz, Chief of Search and Ads at Brave, joins Alan Chapell to debate the questions that most browser executives won't touch on the record. Should publishers stop outsourcing ad sales to Meta and Google? Is "first-party vs. third-party" a meaningful distinction to users — or a convenient line Brave draws to justify default blocking? Alan pushes back. JP pushes back harder. Featuring references to Jason Kint at DCN, GPC defaults, The Knight-Georgetown Institute (KGI) report covering data sharing pursuant to the DOJ Search remedies (among other items), and why rooting against the AI investment cycle is, by default, rooting for Google to win everything again. The KGI Report on data sharing is available at https://kgi.georgetown.edu/wp-content/uploads/2026/04/Designing_the_Technical_Committee_Report_KGI-FINAL-April-2026.pdf. Sumit Sharma’s Report on Data Sharing is available at https://insights.sumitsharma.consulting/p/google-search-remedies-implementation The Chapell Regulatory Insider is available at https://chapellreport.substack.com/  Takeaways - Brave believes browsers should prioritize users over advertisers. - JP argues Google’s monopoly power comes from distribution and monetization. - Brave blocks third-party requests by default for privacy reasons. - Alan and JP debate the merits of blocking ads in the name of privacy. - Brave Search now powers parts of the AI search ecosystem. - AI could redistribute traffic away from traditional search engines. - JP believes publishers became too dependent on programmatic ad tech. - Subscription-based AI models may create a healthier internet economy. Chapters 00:00 Introduction and meeting JP Schmetz 00:36 Can browsers still serve users first? 04:05 Why browsers need search revenue to survive 05:49 The economics of search advertising 08:10 DOJ remedies, Chrome, and Google dominance 10:39 Brave’s evolution from privacy browser to search business 12:47 Why Brave blocks third-party ads and trackers 16:18 Publishers, ad tech, and selling ads directly 19:18 Ad tech circumvention and browser controls 22:02 Is Brave hurting publisher monetization? 25:05 Contextual advertising vs third-party tracking 28:47 Global Privacy Control and browser defaults 32:36 Brave Search, Google defaults, and monetization 34:56 Google data sharing and search competition 41:15 AI, search, and the future of the internet 46:30 Subscription models vs ad-funded AI 49:43 Why competition against Google still matters 51:25 Final thoughts and closing remarks Learn more about your ad choices. Visit megaphone.fm/adchoices

    55 min

  5. Apr 29

    Episode 74: The Attribution Cartel: Why “Privacy-Safe” is NOT what it’s made up to be

    Don Marti joins Alan Chapell to unpack the hidden risks behind the push for industry standards for “privacy-safe”  ad attribution, the myth of privacy-preserving tech, and how big platforms may be reshaping the future of digital advertising. The Chapell Regulatory Insider is at https://chapellreport.substack.com/ Don Marti may be found at: https://aloodo.com/  See Don Marti’s recent AdExchanger piece at https://www.adexchanger.com/data-driven-thinking/what-happens-when-the-attribution-cartel-meets-advertisings-halo-effect/   Additional discussion re: the problems with PETs for advertising https://privacy-daily.com/news/2025/06/10/PrivacyEnhancing-Technologies-Are-Not-a-Silver-Bullet-PEPR-Told-2506100010 https://rjionline.org/news/the-traffic-and-revenue-crisis-for-news-is-a-symptom-of-big-techs-economy-wide-trust-collapse/  https://rjionline.org/news/big-tech-is-squeezing-advertising-jobs-and-companies/  https://rjionline.org/news/big-techs-economic-takeover-can-be-beat/  https://rjionline.org/news/big-tech-runs-counter-to-journalism-values-so-why-is-the-news-industry-helping-tech-take-over/  Takeaways Privacy-focused users are often the most valuable customers, challenging traditional ad tech assumptions about measurability. Attribution is fundamentally about linking ad exposure to outcomes, but current models often prioritize simplicity over accuracy. “Privacy-preserving” systems frequently focus on mathematical guarantees that don’t align with real-world privacy harms like discrimination or deception. Proposed attribution standards may unintentionally increase surveillance incentives by enabling fraud and data laundering. Fraud in attribution systems can reward actors who intercept users right before purchase, distorting true performance signals. Big tech companies may benefit from attribution systems that reinforce their own ad recommendations, reducing competition. The “halo effect” shows ads perform better in trusted, premium environments, but current systems undervalue this dynamic. A shift toward cheap, commoditized ad placements weakens both brand equity and publisher sustainability. The so-called “attribution cartel” is defined by systems that avoid user consent and bypass opt-out mechanisms. Effective privacy regulation should focus on real-world harms rather than technical implementation details. Chapters 00:00 Intro & What Don Marti Has Been Working On 01:18 The “Marti Paradox” 02:52 What Attribution Really Means 03:35 The Broken State of Attribution Today 07:32 Complexity, Perception & Industry Behavior 08:21 The Problem with “Privacy-Preserving” Tech 11:54 Big Tech Incentives & Centralization 16:17 The Halo Effect & Ad Effectiveness 17:01 Commodification vs Sustainable Advertising 21:28 Attribution Fraud Explained 23:49 Data Laundering Through Attribution Systems 26:09 The “Attribution Cartel” Defined 29:17 W3C, Standards & Industry Power Dynamics 32:29 Alternative Approaches (AdMap) 37:03 What Good Privacy Regulation Looks Like 40:56 The Future of Attribution 43:20 What Industry Stakeholders Can Do 45:00 Rethinking Privacy Harms Learn more about your ad choices. Visit megaphone.fm/adchoices

    46 min

  6. Apr 22

    Episode 73: Pubmatic isn’t messing around with Agentic Ads

    Andrew Woods, GC of SSP Pubmatic, joins Alan Chapell to discuss Pubmatic’s approach to agentic ads — and how AI has irrevocably changed the legal profession. Pubmatic’s recent agentic test campaign results were a hit at Marketecture Live, and Andrew goes deep into what he believes will need to happen in order for agentic to live up to its promise. The Chapell Regulatory Insider is available at https://chapellreport.substack.com/.  Takeaways Agentic AI does not create new liability; it accelerates existing frameworks Accountability sits with whoever deploys the agent Logging and decision provenance will be critical for compliance Privacy compliance is less about difficulty, more about fragmentation Hope is not a plan when it comes to regulatory scrutiny Data minimization is becoming a real engineering constraint AI will eliminate routine legal work but elevate strategic problem-solving Agentic systems can become powerful compliance tools if built correctly Chapters 00:10 Introduction to the episode and Andrew Woods 02:01 Andrew’s background and journey into ad tech 04:20 Lessons from Twitter on privacy and user safety 06:29 What a General Counsel does in modern ad tech 08:43 Biggest lesson from global privacy enforcement 11:04 Building trust between legal and business teams 13:21 Who is liable in agentic AI advertising 16:29 Why logging and data provenance matter 18:27 The role of compliance signals and guardrails 20:57 Why agentic compliance frameworks are not built yet 22:57 Regulation versus fragmentation challenges 24:55 How PubMatic approaches privacy by design 27:10 Data minimization in practice 28:16 Non-negotiables for agentic compliance frameworks 31:57 Where industry discussions are happening 33:50 The future of agentic AI in advertising 36:42 How PubMatic’s legal team uses AI today 40:26 Why traditional legal work is disappearing 45:09 Final thoughts and closing Learn more about your ad choices. Visit megaphone.fm/adchoices

    51 min

  7. Apr 15 ·  Bonus

    Alan Chapell’s Fireside chat with FTC Commissioner Meador

    The Monopoly Report’s Alan Chapell sits down with FTC Commissioner Mark Meador at Marketecture Live to discuss industry privacy self-regulation, the future of the cookie opt-outs, the use of privacy as an anticompetitive pretext, and some ideas for better protecting kids online. Takeaways Self-regulation still matters, but must be effective and avoid collusion risks. Privacy and competition often exist in tension and require balance. Cookie-based systems are imperfect and depend on better alternatives emerging. Risks around using privacy as a pretext to lock up the browser market or access to critical data. Transparency is key for both consumer protection and fair competition. Age verification is advancing rapidly with privacy-conscious innovation. “Free” platforms still involve economic transactions and consumer trade-offs. Antitrust enforcement is shifting toward tackling dominant players’ conduct. Chapters 00:00 Introduction and role of self-regulation in advertising 00:41 Why self-regulation still matters and how it should work 02:27 What makes self-reg effective in the eyes of the FTC 04:12 The limitations of cookie-based privacy tools 06:03 Global privacy controls and market-driven solutions 08:38 Balancing privacy and competition in digital markets 10:33 Protecting children online and age verification innovation 14:29 Solving privacy concerns in age verification systems 15:38 Why universal identity checks are not the goal 18:06 Measuring harm in “free” digital platforms 20:25 Current state of antitrust enforcement 23:07 Addressing monopolies after consolidation has occurred 25:28 Rethinking antitrust and the risks of concentrated power Learn more about your ad choices. Visit megaphone.fm/adchoices

    30 min

  8. Apr 8

    Episode 72: Can Mozilla succeed by doing right by its User base?

    Host Alan Chapell is joined by Ajit Varma and Kush Amlani from Mozilla, where they talk about the intersection of privacy and competition, the weaponization of privacy, and how Mozilla is placing a bet that staying true to their core privacy principles will enable Firefox to succeed over the long term.  The Chapell Regulatory Insider may be found at - https://chapellreport.substack.com/   Kush Amlani is Director, Global Competition & Regulation at Mozilla, leading the work to create a level playing field in digital markets internationally. Prior to joining Mozilla, Kush was a Senior Competition & Regulatory Lawyer at the BBC for five years, based in London. He joined the BBC from SJ Berwin LLP (later Kings & Wood Mallesons), where he worked on antitrust cases across the UK and EU, spanning sectors such as energy, media, telecoms, and pharmaceuticals. In his role as Head of Firefox, Ajit Varma leads the development of the Firefox strategy, ensuring it’s a delightful experience for current users, as well as those of the future. Ajit has years of product management experience from Square, Google, and, immediately prior to joining Mozilla, Meta, where he was responsible for monetization of WhatsApp and overseeing Meta’s business messaging platform. Earlier in his career, he was a co-founder and CEO of Adku, a venture-funded machine learning platform that was acquired by Groupon. Ajit has a BS from the University of Texas at Austin. He is based in the Bay Area. Takeaways Product and policy are now deeply intertwined in modern tech decisions Some browsers are increasingly evolving into AI-powered agents Mozilla prioritizes user choice, transparency, and choice-driven AI experiences Privacy and competition should work together, not against each other Open source and browser diversity are critical hedges against Big Tech dominance Mozilla intentionally sacrifices revenue to stay aligned with its core privacy and trust principles The future of AI depends on interoperability and low barriers to entry Chapters 00:00 Intro to Mozilla’s role in privacy and competition 00:41 Why product and policy are now inseparable 03:03 Kush’s path into law and regulation 04:49 How browsers evolved into user agents 08:26 New AI browsers and distribution strategies 09:40 Mozilla’s approach to monetization without selling data 12:14 Why privacy matters more than ever 15:15 Privacy vs competition in regulation 24:08 Mozilla’s AI strategy and avoiding dependency 27:42 What trustworthy AI actually means 31:36 Privacy-enhancing technologies and their limits 34:11 The trade-offs of privacy-first business models 40:23 Why competition and browser diversity matter 41:32 The importance of Mozilla’s Gecko engine Learn more about your ad choices. Visit megaphone.fm/adchoices

    45 min
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About

In-depth coverage of big tech's antitrust woes from Marketecture.tv. We are covering the Google search and ad tech trials and everything else happening. Subscribe to our newsletter at https://monopoly.marketecture.tv

Information

  • Creator
    Alan Chapell
  • Years Active
    2024 - 2026
  • Episodes
    79
  • Rating
    Explicit
  • Copyright
    © Copyright (c) 2025 Marketecture Media, Inc.
  • Show Website
    The Monopoly Report

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