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

Learn more about your ad choices. Visit megaphone.fm/adchoices