It specifically exempts vertically integrated data brokers such as Google and Facebook.

In other words, if a data broker sells your data, and it is used for an ad auction run by a third party, that’s subject to the opt out.

If google uses your data to place bids on behalf of an advertiser in an auction that google runs and then places the ads using its own infrastructure, there is no opt out requirement.

If the second scenario sounds like it is prone to auction fraud and abuse of monopoly power, that’s because it is. Take a look at today’s DOJ testimony from a former Google exec.

(To be clear, I want a stronger, ideally opt-in, bill that applies equally to that entire industry, not one that picks winners based on lobbying and campaign donations.)