While the big Google antitrust news is that the FTC is about to launch a formal sweeping antitrust investigation of Google, which will play out over time almost entirely behind the scenes, the big public-facing news for Google antitrust is that Google's current CEO Larry Page and former CEO Eric Schmidt are refusing to publicly testify before the Senate Judiciary Antitrust Subcommittee per reports.

There are several reasons this refusal to publicly testify is exceptionally problematic for Google.

First, Google loudly proclaims that they have done nothing wrong, that everything they do benefits users and promotes innovation, that competition is one click away, and that they have free speech rights to edit their search results as they see fit.

FreePress co-founder and collectivist ideologue, Robert McChesney, wrote his latest Internet manifesto: "The Internet's Unholy Marriage to Capitalism," in the Monthly Review - An Independent Socialist Magazine."

McChesney's collectivist and elitist manifesto warrants attention because it is widely disseminated to:

One of the simplest and most important FCC reforms Congress could make would be to modernize and streamline the FCC competition report process to stay current with the Internet competition era.

• Simply, Congress should eliminate and consolidate all legacy analog technology-specific "silo" competition reports (e.g. reports on wireless, video, or satellite competition, etc., including the 706 report) and replace them with one periodic Internet Competition Report that is forward-looking, flexible and dynamic so that the FCC and Congress can adapt and keep pace with the ever-evolving Internet competitive landscape.
  • Since the sector is competitively converging, the FCC's competition reporting process logically needs to converge as well.
  • This common sense best practice of replacing and consolidating outdated and redundant reporting efforts would not only save money in tight fiscal times, but also result in a more accurately informed FCC and Congress.
  • The FCC cannot stay current or help "win the future" by relying on fossilized competition reporting processes based on outdated technology and competitive assumptions.

Problems with FCC Silo Competition Reports

Evidence continues to mount that Google's management and supervision of its Android operating system is out-of-control when it comes to protecting privacy and security.

• Google's corporate ethos that it is better to "ask for forgiveness than permission" increasingly means Android has no privacy by design and hence less security for users by default.
• Requiring and respecting the need for permission and authorization is a bedrock truism of IT security -- and the evidence below increasingly indicates that Google has a deep aversion to that IT security truism.

Consider the growing pattern of Google's default design and behavior that maximizes collection of private information, which inherently puts users at greater security risk.

First, and profoundly disturbing, is a new TechRepublic revelation in a post by security blogger Donovan Colbert.

In setting up his new Android-based tablet, Mr. Colbert discovered that the Android operating system by default, i.e. without permission, automatically collected and implemented encrytion key passcodes to automatically gain access to private networks without the permission of the user. In Mr. Colbert's own words:

FreePress' latest trumped up net neutrality charge alleges in a complaint to the FCC that Verizon violated net neutrality in limiting access to third-party tethering applications on Google's Android platform, (like other carriers have) -- applications that effectively would enable Android users to bypass standard Verizon data usage plans and improperly consolidate usage of multiple devices onto one device data usage plan.

• Specifically, FreePress is singling out Verizon by alleging that Verizon has violated its unique net neutrality obligation, because Verizon is using the spectrum of a special 700 Mhz "C" Block license that came with some special obligations (see para 223) concerning offering reasonable open standards to devices and applications.
• Simply why FreePress' charge is bogus here is FreePress is essentially claiming that when one person pays for an all-you-can eat buffet, that one person should be entitled to feed others off of the their refillable plate; anyone with an ounce of propriety knows that is cheating.

This analysis will:

If reports are true that the FCC is planning on claiming in its upcoming wireless competition report that the FCC cannot conclude that the U.S. wireless market is effectively competitive, then the FCC is neither "data-driven" as it claims, nor in touch with market reality.

• Don't miss the latest CTIA assessment of U.S. wireless competition and innovation HERE.
• The facts and evidence are overwhelmingly indicative of vibrant competition.

If the FCC is a wireless competition denier in the upcoming wireless competition report, despite the overwhelming factual evidence to the contrary, the FCC seriously risks its going-forward credibility with Congress, the Courts, industry and the public.

According to the FCC's own hard-to-find disclosure, the FCC does not operate its own broadband "public use wireless 'Hotspot' network" according to the FCC's Open Internet regulations that it mandated for most everyone else.

• Without this link to the policy, one would have to stumble upon the oblique reference to the 4-27-11 "VPAAC Hotspot Network" reference in the FCC newsroom, then click on "VPAAC Hotspot Network" and then click on the button "Expand," then go to the very end of the document, to find the FCC's terms-of-use policy for its public broadband network.

Ironically, the FCC's public wireless network terms-of-use policy #3 says: the FCC's broadband network "will block all inbound Internet traffic to minimize any negative impact" on the network user.

• This blocking of Internet traffic is in stark contrast to the FCC's Open Internet Order, which essentially defined Internet "openness" throughout the order as not blocking lawful Internet traffic requested by a user.

Google's reported purchase of Admeld, described by TechCrunch as "an advertising optimization platform for publishers," appears to be another clever gaming of the antitrust enforcement process by Google to reinforce and extend its core search advertising monopoly.

• Google appears to believe they have figured out their monopolization-extension formula via antitrust enforcement, and are now in "lather, rinse and repeat" mode.

As I explained in formally opposing Google's acquisition of DoubleClick in 2007, which I believed would help quickly tip Google to monopoly (which it did) by allowing Google to buy the roughly third of user, advertiser and publisher relationships that they did not have, antitrust enforcers focused myopically on the market of the acquired company and missed the monopolization-extension significance and effect of the purchase on substantially augmenting the core Google search advertising monopoly.

Google's exceptionally clever gaming of the antitrust enforcement process here, is a relatively simple and powerful maneuver that only Google can do, because only Google has the near perfect market inside information that its search advertising monopoly provides.

The Rural Cellular Association’s opposition to the AT&T/T-Mobile acquisition puts a spotlight on the un-sustainability of the analog rural cellular model that is on the wrong side of broadband change.

• The clear but unspoken subtext of the RCA’s opposition is their recognition that their current subsidized model of rural cellular providers is fundamentally ill-equipped for the competitive broadband era.
• Simply, the RCA is quixotically trying to drag the anchor of an inefficiently and unsustainably subsidized analog business model into the efficient and competitive broadband Internet future – a recipe for losing the future.

Importantly, most of the RCA’s problems exist completely separate from this transaction.

My new op-ed, "Google's Pirate Side" in the Daily Caller, about the Department of Justice's reported criminal investigation of Google's longstanding promotion of rogue pharmacy sales, despite repeated warnings from law enforcement, tells the story of how this Google scofflaw behavior is consistent with Google's pirate escapades in other areas.

• The Daily Caller op-ed is here.

Google's serial disrespect for people, privacy, property, and the rule of law are core themes of my new book: Search & Destroy Why You Can't Trust Google Inc.

• See www.SearchAndDestroyBook.com for the different ways you can buy the book.