Venable

ANA Unveils AI Contract Template for Advertisers and Agencies

The ANA (Association of National Advertisers) has introduced a standardized AI contract rider to be appended to service agreements between advertisers and agencies. The rider outlines practical and legal considerations of using generative AI, including requirements to disclose AI usage, ownership of AI-generated work, and ethical concerns around misinformation and data privacy. It was developed by the ANA Advertising Financial Management Committee with external counsel Venable LLP and is designed to be broad enough to adapt to evolving AI laws across regions such as California, Colorado, and the European Union. Key provisions emphasize disclosure, human oversight, and the possibility that AI-generated work may not be error-free. The rider also addresses copyright ownership for AI-generated assets, conditions under which third-party training data may affect protection, and the need for transparency about training data and third-party tools. ANA plans updates in response to significant legal changes and sees the rider as a catalyst for ongoing client-agency dialogue.

The FTC’s Review Of COPPA Could Transform How Kids Content Is Monetized Online

The AdExchanger piece reports on a Federal Trade Commission workshop evaluating COPPA and how updates could affect monetization of kids' content online, including general audience platforms like YouTube. It notes that COPPA was amended in 2013 to cover persistent identifiers (cookies and IP addresses) used in behavioral advertising, and highlights a $170 million FTC settlement with YouTube for collecting children's data without parental consent. The article also discusses Apple's move to curb behavioral advertising in kids apps, the potential chilling effect on free kids content, and the ongoing debate over the revenue impact of removing cookies versus contextual advertising. An internal operations exception in COPPA’s 2013 amendment is cited, enabling certain activities like contextual advertising under parental consent considerations. The piece frames a balancing act between protecting children online and sustaining publisher monetization.

Venable On State AGs: ‘These Are Smart People And Underestimating Them Could Be A Fatal Error’

An interview with Eric Berman of Venable LLP discusses how state attorneys general (AGs) function as consumer-protection enforcers alongside the FTC, and why their role has grown more active. Berman explains that state AGs enforce state laws and often mirror federal FTC standards but can broaden them. The piece notes that a post-2016 political shift, larger budgets, and greater coordination among AG offices have amplified enforcement efforts. Priorities include telemarketing abuses, robocalls, privacy and data security, data breaches, debt collection, and public-safety issues such as the opioid crisis. California, New York, and Massachusetts are described as the most aggressive, with Illinois and DC also active. For advertisers, guidance emphasizes avoiding egregious conduct, backing marketing claims with evidence, and maintaining ongoing engagement with regulators. Investigations may start from consumer complaints and involve collaboration with the FTC via shared complaint data.