Pixel Pushback

Today's News

• Sued over TikTok Pixel

• YouTube to Let You Edit Videos Post-Violation

• YouTube Rolls Out More Ads

• Brands Desperate for ‘Politically Neutral’ Influen …

• Nuclear Plant Reopens for Microsoft’s AI Ambitions

Sued over TikTok Pixel

This past summer, a California company which makes educational products, found itself in front of a judge.

This company’s alleged offence? Putting a TikTok pixel on its web site.

Yes, the same kind of pixel you have on your brand’s web site for TikTok or Meta or Google.

Wait, what?

The company is said to have violated California’s broad privacy legislation, passed seven years ago — in particular, a section known as Trap and Trace. The law defines a trap and trace device as a tool that captures incoming electronic signals or impulses that help identify the source of a communication.

Private citizens, with the help of class action lawyers, are now using this law to sue companies they think violate it with the marketing pixels on their site.

A marketer’s worst nightmare

Max Langlois is with the performance marketing agency Hype10. I spoke with him Friday, just a day after he learned one of their clients was being sued too.

That alleged trap-and-trace? A TikTok pixel — not on their clients’s brand site, but on their Shopify store.

Broad interpretation

So far — at least in the case of that educational company — the court ruled against its arguments that law only applies to physical devices attached to telephone lines.

The court also refuted its claim that the data collected by TikTok was only for basic operation and maintenance.

So what next?

It’s hard to say. Like many privacy laws in various jurisdictions, this applies based on where the technology’s targets are — in other words, consumers in California.

Contrary to popular belief in the marketing world, it’s not based on where your brand is located. You could be in Romania, and the law would still technically apply, though enforcement might be difficult.

Some brands, like Max’s clients, are considering turning pixels off entirely for California consumers — at least until the lawsuit is settled.

YouTube to Let You Edit Videos Post-Violation

One of the most frustrating parts about uploading videos to YouTube is that if the enforcement bots detect something against policy, the platform basically just blocks that video entirely. Your only real option is to edit the video and re-upload it.

But that makes it a new video, losing whatever comments and virality you had on the previous one.

Now, YouTube appears to be fixing that feature.

The platform is testing a way to let you edit out parts of your videos that break the rules. This way, the video stays under its original URL and maintains the attached engagement.

How It Works

If a video is flagged:

1. You’ll see an option to edit it in YouTube Studio

2. You can then use a video editor to make changes and fix any issues

3. After that, YouTube's team will review the updated video and change their decision if necessary

4. If it’s all good, the video is back in play

Recent Changes

This is the latest update from YouTube to help creators deal with rule violations.

In March, the platform started highlighting specific times in videos where rules were broken. This makes it easier for creators to fix any issues.

YouTube also updated its copystrikes system last year to make it more fair.

YouTube Rolls Out More Ads

So while YouTube makes friends with brands and creators, they may be about to make more enemies out of viewers — the platform is expanding access to pause-screen ads.

These are the ads which show up when you pause a video. On mobile they will squish the video over to the left to make way for a vertical ad which takes up the right third of the screen.

More Access

These ads have been around for about a year now, though they had only been in testing with a very small group. Many people still have never seen one of these.

Looks like that testing has done well, because the number of channels which can activate these has grown.

Now, to qualify for these ads, a channel needs:

1. at least 1,000 subscribers

2. 4,000 watch hours in the past year

3. to be in YouTube's Partner Program

Ad Revenue Details

YouTube didn't say how much money creators can make from the ads. But the company said it's trying to help creators earn more money.

The company said the ads are designed to be less annoying than other types of ads. It was only last year that YouTube let ads on connected TV be unskippable.

So far, viewers are unimpressed.

Brands Desperate for ‘Politically Neutral’ Influencers

With the U.S. presidential election coming up, brands are being more careful about who they partner with. They don't want to risk a political backlash.

And a great thinkpiece in Digiday over the weekend looked at the race to find and lock down politically neutral influencers.

Staying Safe

Digiday reports some brands are trying to stay safe by working with influencers who focus on topics like beauty or fitness, as these areas are seen as less likely to be divisive.

The Digiday piece is called Brands push for apolitical influencers to avoid ‘backlash’ and it’s a great read if you’re going to be working with American influencers in the coming months.

Nuclear Plant Reopens for Microsoft’s AI Ambitions

A nuclear plant that was the site of the worst nuclear disaster in the US is reopening — and AI is the reason.

The Three Mile Island plant will sell its power to Microsoft to fuel the company's AI ambitions.

New Life for Old Plant

The plant's Unit 1 reactor closed five years ago, but it's expected to be revived in 2028.

• That’s when Microsoft will start buying the carbon-free energy produced from it to power its data centers.

• The 20-year agreement is the largest ever for Constellation Energy, the company that owns the plant.

Nuclear Power's Appeal

Nuclear energy is becoming more appealing to companies like Microsoft because it's a reliable source of zero-carbon power.

• Unlike wind and solar, nuclear plants can stay on at all times of the day and night.

• This makes them a good fit for data centers that need to run 24/7.

Environmental Concerns

However, nuclear energy has long been criticized for its waste.

• The US still has no permanent repository for nuclear waste

• The waste is stored at over 70 plants around the country.

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