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Public Policy Updates
The NAI serves as the leading voice of digital advertising companies and third-party advertisers in public policy discussions before the U.S. government, states, and governments around the world. We are committed to promoting public policies that balance strong consumer privacy protections with consumer demands for a vibrant digital content ecosystem, supported by innovative digital advertising.
To that end, the NAI also works closely with member companies to facilitate cooperation around key legal and compliance issues, and to develop analysis to enhance NAI members’ understanding of various legal requirements as they apply to the digital advertising ecosystem.
The NAI also continues to be a champion of strong industry self-regulation and co-regulation, whereby industry efforts can play a complimentary role to new regulations as a means of supplementing and enhancing new regulations as a method for companies to demonstrate their compliance with legislative and regulatory requirements.
Recent Public Policy Updates
The NAI, IAB File Join Amicus Letter in Haynie v. Google, Defend Demographic Ad Targeting
On August 18, the IAB and NAI submitted an amicus letter under California Rule of Court 8.500(g) backing the writ of mandate petition from Google and YouTube in Haynie v. Google Inc. The underlying litigation claims that Google breached the Unruh Act’s ban on unreasonable or arbitrary discrimination simply by providing tools for age-based ad
The NAI Submits Preliminary Comments Re: CA Notices & Disclosures and Employee Data
On May 20, the NAI submitted comments in response to CalPrivacy’s Invitation for Preliminary Comments on Notices & Disclosures and Employee Data. In summary, the NAI recommends that CalPrivacy should: Read the full comments here:
The NAI Submits Preliminary Comments Re: CalPrivacy’s Delete Request and Opt-Out Platform Audits
On May 7, the NAI submitted comments in response to CalPrivacy’s Invitation for Preliminary Comments on Delete Request and Opt-Out Platform (“DROP”) Audits. The comments call on CalPrivacy to design audit regulations grounded in a central principle: audits should assess whether each broker has implemented reliable deletion processes tailored to its actual data environment, with
The NAI Provides Input on CalPrivacy Preliminary Comment Invitation to Reduce Friction in Privacy Rights and Opt-Out Signals
On April 6, 2026, the NAI (Network Advertising Initiative) submitted comments in response to CalPrivacy’s preliminary request for input on reducing friction in the exercise of privacy rights and the use of opt-out preference signals (OOPS). As a nonprofit self-regulatory association representing a broad range of digital advertising companies, we welcomed the opportunity to provide
The NAI Sends Letter to CalPrivacy Supporting New Regulations under CCPA
On November 20, the NAI sent a letter to Tom Kemp, Executive Director of the California Privacy Protection Agency (CalPrivacy), expressing support for a proposal discussed at the agency’s November 7 Board meeting. During that meeting, CalPrivacy announced that it has identified Opt-Out Preference Signals (OOPS) as a priority area for upcoming regulations under the California Consumer Privacy Act (CCPA).
The NAI and IAB Comment on CFPB ANPRM
On October 20, 2025, the Network Advertising Initiative (NAI) and the Interactive Advertising Bureau (IAB) submitted joint comments to the Consumer Financial Protection Bureau (CFPB) emphasizing the essential role that responsible, data-driven advertising plays in promoting economic growth and competition. The reasonable use of data allows companies of all sizes, particularly small and medium-sized businesses, to effectively reach audiences, compete with
The NAI Sends Letter to CA Gov. Newsom Urging Him to Veto AB 566
On September 24, the NAI sent a letter to California Governor Gavin Newsom recommending that he vetoes AB 566 because it does not include appropriate safeguards to ensure that the opt-out preference signals (OOPS) it would require browser providers to implement will represent authentic consumer choices and be free of anti-competitive default settings that pre-suppose
The NAI Comments on Draft Amendments to the Colorado Privacy Act (CPA) Rules
On September 10, the NAI submitted comments to Colorado’s Attorney General on the proposed draft amendments to the Colorado Privacy Act Rules that were issued on July 19. This rulemaking was initiated in response to the passing of the Children’s Privacy Amendment, which amended the Colorado Privacy Act to provide heightened protections for minors’ online
The NAI Comments on Proposed Rules under the NJ Data Privacy Act
On July 31, the NAI commented on the New Jersey Data Privacy Act (NJDPA; N.J.A.C 13:45L). The NAI is supportive of the Division of Consumer Affairs as it joins the ranks of other states that have undertaken rulemaking to implement new privacy laws. While the NAI is offering comments on many detailed points in the
The NAI Comments of Colorado Privacy Act, Childrens Privacy Amendment
On July 11, the NAI submitted comments to Colorado’s Attorney General on pre-rulemaking considerations for the Colorado Privacy Act Children’s Privacy Amendment. The NAI expressed its support for crafting rules that protect the privacy of children and teens while offering guidance on how the Colorado Department of Law should evaluate when a controller has “willfully
The NAI Submits Testimony Opposing California Location Bill, Urges Amendment
On July 8, the Network Advertising Initiative (NAI) submitted testimony opposing AB 322 unless it is amended. The NAI and its members strongly support the goals of this legislation to create necessary protections for Californians’ sensitive precise geolocation data, but are concerned that the bill as currently drafted is overly broad and would have the
The NAI Comments on CPPA Delete Request and Opt-Out Platform (DROP) System Requirements
On June 10, the NAI submitted comments on the California Privacy Protection Agency’s (CPPA) proposed regulations regarding the Delete Request and Opt–out Platform (“DROP”) System Requirements. The NAI offers the recommendations to assist the agency in meeting its consumer privacy objectives for the rulemaking while preserving a free, open, and secure internet for all California
The NAI Submits Comments on CCPA Updates, Cybersecurity Audits, Risk Assessments, ADMT, and Insurance Companies
On June 2, 2025, the NAI submitted comments to the California Privacy Protection Agency (CPPA) on CCPA updates, cybersecurity audits, risk assessments, ADMT, and insurance companies under the California Consumer Privacy Act (CCPA). The NAI supports of the recent modifications to the proposed regulations and offers additional recommendations, such as: Read the full comments here:
NAI Submits Testimony to Amend Oregon HB 2008
On May 3, the NAI submitted a recommendation to amend Oregon’s HB 2008 in form of a written testimony. The NAI urged the committee to adopt a tailored amendment as NAI’s members strongly support the goals of this legislation to create strong protections for Oregonians sensitive location data; however, concerns that the bill as passed
NAI Comments on House Privacy Working Group RFI
On April 7, the NAI submitted comments to the House Energy and Commerce Committee’s Privacy Working Group regarding the review of existing privacy laws and seeking input on a prospective federal comprehensive data privacy and security framework (“National Privacy Framework”). The current patchwork of U.S. state consumer privacy laws provides inconsistent protection for American consumers
NAI Comments on CFPB Proposed Amendments to Regulation V under FCRA
On April 2, 2025, the NAI submitted comments to the Consumer Financial Protection Bureau (CFPB) on its proposed amendments to Regulation V under the Fair Credit Reporting Act (FCRA). The NAI expresses concern that the proposal significantly expands the scope of FCRA beyond its intended purpose, potentially introducing broad privacy regulations and national security measures
NAI Comments on CA Bill AB 566 – Opt-out preference signal requirements
On March 25, the NAI submitted comments on California Bill AB 566, which addresses opt-out preference signal (OOPS) requirements. The NAI supports easy-to-use choice mechanisms for consumers, including the use of opt-out preference signals (OOPS). However, the NAI opposes AB 566 because it does not include appropriate safeguards to ensure that the OOPS it would
NAI sends letter to NY Governor re: the New York Health Information Privacy Act
On March 10, the NAI submitted a letter to New York Governor Hochul seeking tailored amendments to the New York Health Information Privacy Act (S929, “NYHIPA”) as the bill would have the unintended consequence of disenfranchising businesses that have chosen to establish offices in New York while preventing valuable – and often vital – processing
NAI Comments on CCPA Updates, Cyber, Risk, ADMT, and Insurance Regulations
On February 19, the NAI submitted comments to the California Privacy Protection Agency (CPPA) in response to proposed regulations regarding CCPA Updates, Insurance, Cybersecurity Audits, Risk Assessments, and Automated Decisionmaking Technology under the California Consumer Privacy Act. We offer the following recommendations which we are hopeful will assist the Agency in meeting its objectives for
How Ad-Tech Companies Help Bolster Small Publishers and Advertisers
[posted Sept 20, 2023; last updated March 11, 2025] Ad-Tech companies play an important role in helping small publishers and advertisers serve appropriate ads to consumers while maintaining and adhering to industry best practices for data privacy. Find out more about how any publisher can compete with large internet platforms in the latest two-pager below.
NAI Comments on DOJ Rulemaking on Data Brokerage and Bulk Sensitive Data
On November 29, the NAI submitted comments in response to the Department of Justice (DOJ) Proposed Rulemaking (NPRM) to regulate transfers of Americans’ sensitive data to foreign adversaries. The draft rule is substantially focused on data used for digital advertising, highlighting research that articulates the potential for threats to national security if this data is
NAI Comments on Proposed Amendments to the Colorado Privacy Act Rules
On November 7, 2024, the NAI submitted comments to the Colorado Department of Law in response to its Request for Comment on the proposed draft amendments to the Colorado Privacy Act (CPA) rules. The comments express strong support for the Department’s proposed amendments, which implement a process for issuing opinion letters and providing interpretive guidance.
NAI Comments on NY Child Data Protection Act NPRM
On September 30, the NAI provided comments on the Office of the New York State Attorney General (“OAG”) Advanced Notice of Proposed Rulemaking (“ANPRM”) to assist the office in crafting rules to protect children’s privacy pursuant to the New York Child Data Protection Act (“CDPA”) (New York General Business Law § 899-ee et seq.). The
NAI Comments on CA Data Broker Registration Regulations
On August 20, the NAI submitted comments on the proposed California Data Broker Registration Regulations to the California Privacy Protection Agency (CPPA). In Section I, our comments recommend that the Agency define reproductive health care data (RHCD) as sensitive personal information under the California Consumer Privacy Act (CCPA). This clarification would assist both consumers and
NAI Sends Letter to House Energy and Commerce Committee Opposing APRA, Recommending Further Amendments
On June 25, the NAI sent a letter to the House Committee on Energy and Commerce urging the Committee to continue working to further improve the American Privacy Rights Act (APRA) draft legislation before advancing it to the full House for consideration. The current version of APRA contains many provisions that would substantially and unnecessarily
NAI Preliminary Comments to CPPA re: Data Broker Deletion Registry
On June 25, the NAI submitted preliminary comments on the California Privacy Protection Agency’s (CPPA) proposed rulemaking to implement the Data Broker Delete Requests and Opt-Out Platform (“DROP”). As a significant part of the NAI membership is represented on California’s data broker registry, our organization has keen interest in seeing the DROP implemented in a
NAI: APRA should focus on preserving beneficial uses of data, and protecting consumers from harm
Welcomes a bipartisan, bicameral effort to enact a uniform national privacy framework On April 17, the NAI sent a letter to the U.S. House Committee on Energy and Commerce welcoming the recent American Privacy Rights Act (APRA) discussion draft. The NAI supports bipartisan, bicameral efforts to enact a federal privacy law, but urges members of
NAI Sends Letter to CA Judiciary Committee in Support of Delete Act Amendments
On April 16, the NAI sent a letter to California Judiciary Committee stating our support of SB 1076, legislation to provide narrow but important updates to the California Delete Act, while preserving the Act’s requirement for a centralized, easy to use deletion mechanism for consumers. The NAI supports SB 1076 for tailored amendments to prevent fraud
NAI Welcomes Bipartisan, Bicameral Effort to Enact a Uniform National Privacy Framework
Efforts should focus on preserving beneficial uses of data, and protecting consumers from harm WASHINGTON, DC (April 9, 2024) – The Network Advertising Initiative (NAI) released the following statement from Vice President of Public Policy David LeDuc on the draft American Privacy Rights Act of 2024 (APRA), a discussion draft released by Sen. Maria Cantwell
NAI Comments on COPPA NPRM
On March 11, the NAI submitted comments on the FTC’s (Federal Trade Commission) Notice of Proposed Rulemaking (“NPRM”) to amend the COPPA Rule (Children’s Online Privacy Protection Rule) pursuant to the Children’s Online Privacy Protection Act (“COPPA”) on the initiative to protect youth mental health, safety, and privacy online. The NAI shares the Commission’s goals of
NAI Submits Comments to CFPB on Financial Advertising
On December 29, 2023 the NAI submitted comments on the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) Notice of Proposed Rulemaking (“NPRM”) and the Proposed Rule on Personal Financial Data Rights (“Proposed Rule”) under section 1033 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. In summary, the NAI opposes the inclusion
NAI Comments on Colorado Universal Opt-Out Shortlist
On December 11, 2023 the NAI submitted comments on the Universal Opt-Out (UOOM) shortlist recently announced by the Colorado Department of Law (DoL). In summary, the NAI recommends the following with respect to the candidate UOOMs included in the shortlist:
NAI Comments on NTIA Kids Online Health and Safety RFC
On November 16, the NAI commented on the National Telecommunications and Information Administration’s (NTIA) Request for Comment (RCF) on best practices to protect minors’ mental health, safety, and privacy online. The RFC seeks to identify both the potential risks and benefits of social media and online platforms on minors, as well as the current practices
NAI Comments on Health Data Privacy RFI
On September 28, the NAI commented on Sen. Bill Cassidy’s (R-LA) Request for Information (RFI) on Improving Americans’ Health Data Privacy. The comments highlight three key recommendations: (1) Congress should emphasize the importance of data-driven health advertising for consumers and healthcare professionals, benefiting from improved access to medical treatments, discounts, and clinical trial viability. (2)
NAI Legal and Regulatory Analysis: Sensitive Health Information
Health-related advertising has been around nearly as long as advertising itself. However, new data collection and storage technology has fundamentally changed how many in the industry operate and the ways in which regulators approach protecting consumer data. This legal analysis of recent state privacy laws, federal enforcement actions, and associated guidance over the last 18
NAI Comments on FTC Notice of Proposed Rulemaking to Update HBNR
On August 8, the NAI submitted comments to the Federal Trade Commission in response to their Notice of Proposed Rulemaking to update the agency’s Health Breach Notification Rule (HBNR). NAI’s comments, while agreeing with the Commission on many of the proposed changes to the HBNR, also recommended a series of additional modifications to prevent the
NAI Comments on CFPB RFI
On July 14, 2023 the NAI sent its comment on the CFPB RFI to the agency. These comments discuss the following key issues raised by the RFI, and make recommendations to the CFPB and other policymakers to enhance consumer privacy and data protection, while also maximizing competition across the digital media industry:
State Privacy Patch #6 for Iowa: What Digital Advertising Companies Need to Know
By Meaghan Donahue (meaghan@thenai.org) and Ryan Smith (ryan@thenai.org) On March 29, 2023, Iowa Governor Kim Reynolds signed Senate File 262 (SF 262) into law, making Iowa the sixth state to enact comprehensive privacy legislation, joining California, Colorado, Connecticut, Utah, and Virginia. The law will take effect on January 1, 2025. SF 262 most closely tracks
NAI Comments on the Comments on the CCPA’s Preliminary Rulemaking on Cybersecurity, Risk Assessments and Automated Decisionmaking
The NAI would like to thank the California Privacy Protection Agency for the opportunity to provide comments on the CCPA’s preliminary rulemaking on cybersecurity, risk assessment and automated decisionmaking. Please read our full comments below.
NAI Comments on the Washington My Health My Data Act
The NAI would like to thank you for the opportunity to provide feedback on H.B. 1155, the Washington My Health My Data Act. Please see our full testimony below.
NAI comments to NTIA RFC on Privacy, Equity and Civil Rights
The Network Advertising Initiative (NAI), would like to thank the National Telecommunications and Information Administration (“NTIA”) for the opportunity to provide comments on the intersection of privacy, equity, and civil rights.
NAI Comments on the FTC Petition for Rulemaking to Regulate Programmatic Advertising.
Thank you to the Federal Trade Commission for the opportunity to comment on the “Petition For Rulemaking Under 15 U.S.C. § 57(a) Seeking Regulation Of Advertising Technology Companies And Agencies Engaged In Programmatic Advertising.”
NAI Submits Testimony on Washington H.B. 1155
We want to thank the Washington State House Civil Rights and Judiciary Committee for the opportunity to provide feedback on H.B. 1155, the Washington My Health My Data Act.
NAI Comments on Version 2 of the Colorado Privacy Act
The Network Advertising Initiative (“NAI”) appreciates the opportunity to comment in response to Version 2 of the Proposed Draft Rules (“Revised Draft Rules”) for the Colorado Privacy Act(“CPA”).
NAI Submits Comments To The FTC ANPR
We want to thank the Federal Trade Commission for the opportunity to comment on the Advanced Notice of Proposed Rulemaking (“ANPR”) for a Trade Regulation on Commercial Surveillance and Data Security.
NAI Comments on The Modified Proposed CPRA Regulations
The Network Advertising Initiative (“NAI”) appreciates the opportunity to provide comments on the proposed modified regulations under the California Privacy Rights Act(“CPRA”).
NAI Comments on CPA Proposed Draft Rules
On behalf of the Network Advertising Initiative, thank you for the opportunity to providepreliminary comments on proposed rulemaking under the Colorado Privacy Act.
NAI Comments on Proposed Regulation Under the CPRA
The NAI comments call on the California Privacy Protection Agency to amend their proposed regulations regarding the use of Opt-out Preference Signals, which could be used to unfairly disadvantage businesses across the ecosystem if not deployed effectively. The NAI urged that these Signals clearly represent consumer intent (and not be turned on by default) and that
Prepared Remarks for CPA Pre-Rulemaking Listening Session
The NAI’s Vice President of Public Policy, David LeDuc, delivered remarks at a Colorado Privacy Act pre-rulemaking listening session held by the Colorado Attorney General’s Office. We emphasized the importance of collaboration with other state enforcement agencies to ensure that new requirements are harmonized with those of other states to the greatest extent possible, and
NAI Preliminary Comments on Proposed Rulemaking under the Colorado Privacy Act
The NAI submitted comments to the Office of the Attorney General (OAG) in Colorado on proposed rulemaking under the Colorado Privacy Act. The NAI supports the OAG in its principle-guided rulemaking approach outlined in its April preliminary rulemaking document, including harmonizing, encouraging innovation, clarifying ambiguities, and streamlining compliance. We appreciate the opportunity to provide commentary
NAI Comments to NTIA on Competition in Mobile App Ecosystem
In comments to the NTIA on the Report on Competition in the Mobile App Ecosystem, the NAI recommended a balanced approach to privacy and competition, focused on eliminating harmful or unexpected outcomes from data use and collection. Laws and regulations for robust app market competition shouldn’t carve out exceptions for the dominant app marketplaces to
Best Practices for User Choice and Transparency
This Resource, developed by NAI legal and policy staff in consultation with representatives from member companies, is intended to help member companies better understand the practice of dark patterns and to implement the highlighted best practices to avoid them. This Resource has a threefold purpose: to explain consumer choice and transparency obligations under the NAI
Prepared Remarks for CPPA Stakeholder Session
The NAI’s VP of Public Policy, David LeDuc, joined the CPPA for a stakeholder session prior to the development of draft implementing regulations for the CPRA. We urged the CPPA to collaborate with other state enforcement agencies to ensure that new requirements are harmonized with those of other states to the greatest extent possible, and
NAI Regulatory Summary and Analysis: Statement of the Federal Trade Commission on Breaches by Health Apps and Other Connected Devices
The NAI has published a Regulatory Summary and Analysis in response to the FTC’s September 2021 Policy Statement on the Health Breach Notification Rule, and its recent guidance updated in January 2022. In September 2021, the Federal Trade Commission issued a Policy Statement that is intended to clarify the scope of the FTC’s Health Breach
NAI Comments: Petition for Rulemaking to Prohibit Surveillance Advertising
The NAI filed comments with the Federal Trade Commission (FTC) in response to a petition proposing an FTC rulemaking on unfair competition that would result in a ban on “surveillance advertising.” The NAI opposed the proposed prohibition and highlighted that tailored advertising is a key driver of the robust and competitive digital media marketplace that
Prepared Remarks from NAI President & CEO Leigh Freund for NTIA Virtual Listening Session on Personal Data: Privacy, Equity, and Civil Rights
On behalf of the Network Advertising Initiative (“NAI”), President & CEO Leigh Freund joined a virtual listening session hosted by the National Telecommunications and Information Administration (“NTIA”) to discuss solutions to issues concerning privacy and civil rights. We thank the NTIA for including Leigh in their discussion, and look forward to continuing the conversation with
NAI Comments: The Washington State Public Disclosure Commission (“PDC”): How to Improve Digital Political Advertising Disclosure in the State
The Network Advertising Initiative (“NAI”) appreciates the opportunity to provide comments on the Washington State Public Disclosure Commission deliberations on how to improve digital political advertising.
Preliminary Comments on Proposed Rulemaking Under the California Privacy Rights Act
On behalf of the Network Advertising Initiative (“NAI”), thank you for the opportunity to providepreliminary comments on proposed rulemaking under the California Privacy Rights Act (“CPRA”).
NAI Comments: Bringing Dark Patterns to Light: An FTC Workshop
At a time when Americans are spending more time than ever on connected devices, this discussionabout “dark patterns” is important and timely. While there are different definitions of this term, andeven various taxonomies to compare and contrast specific practices,1 dark patterns are generallydefined as techniques intentionally used to mislead or manipulate users, obscuring, subverting orimpairing
Public Policy Leadership for Ad-Tech Companies
The Network Advertising Initiative (NAI) is the leading ad-tech industry association, helping member companies navigate the increasingly challenging legal and regulatory environment. The NAI’s advocacy program also promotes and protects the interests of advertising technology companies before federal and state policymakers, and the media.
Testimony on WA SB 5062 (Washington Privacy Act of 2021)
On behalf of the ANA, the 4A’s, the AAF, the IAB, and the NAI, thank you for the opportunity to provide comments on SB 5062 (“WPA”). In addition to this testimony, we have provided more detailed comments to you via email. We look forward to working with the Committee.
NAI Letter to Rep. Schiff Regarding Ad Blocking on News Sites
On behalf of the Network Advertising Initiative (NAI) and our members, thank you for your recent inquiry about digital advertising practices during the COVID-19 pandemic and the potential negative effects such practices are having on news publishers. We share your concerns and believe strongly in the need for a flourishing free press to inform society.
NAI Summary of CPRA
This summary represents the NAI’s preliminary analysis of the changes to the CCPA proposed by the CPRA ballot initiative. This summary is intended only to highlight proposed changes of particular interest or relevance to NAI members. It is not a complete or comprehensive analysis of every change proposed by CPRA, and may not capture every
Political File Requirements- Presentation by Perkins Coie
NAI Comment Letter – CCPA Second Set of Modified Regulations
The Network Advertising Initiative (“NAI”) is pleased to submit these comments regarding the second set of modifications to the regulations proposed for adoption under the California Consumer Privacy Act of 2018 (the “CCPA”).
NAI Comment Letter: COPPA Rule Review
NAI Comment Letter: COPPA Rule Review
On behalf of the Network Advertising Initiative (NAI), thank you for providing the opportunity to revisit the crucial priority of protecting children on the internet. NAI submits these comments in response to the Federal Trade Commission’s (FTC) Request for Comment (RFC) on the Children’s Online Privacy Protection Act (COPPA) Rule (85 Fed. Reg. 35842, July
NAI Analysis – CCPA Sales
Considerations for NAI Members Regarding the Classification of Ad-tech Data Flows as “Sales” Under the CCPA: An NAI Analysis
CCPA Amendment Summary
NAI Analysis of Verifiable Consumer Requests under the CCPA
This analysis will explain the rights California consumers have gained under the CCPA to request access to and deletion of their personal information, and how businesses are required to verify and respond to such requests. Further, it will provide recommendations to ad-tech companies regarding sensible approaches toward verifying and responding to such requests based on
NAI Comments to California AG Xavier Becerra re: CCPA Regulations
The Network Advertising Initiative (“NAI”) is pleased to submit this letter in response to the Department of Justice’s request for comments regarding implementing regulations it may promulgate under the California Consumer Privacy Act of 2018 (“CCPA”).
NAI Comments to FTC re: Consumer Privacy Hearings
Thank you for to opportunity to submit comments in advance of the upcoming hearing on Consumer Privacy, scheduled for February 12-13. Please find below detailed responses to the questions for discussion at this hearing. In addition to these comments, the Network Advertising Initiative (NAI) would also welcome the opportunity to participate in the hearing.