The Beginning of the End of America’s Bad “No Rules” Internet Policy

Americans strongly believe no one should be above the rules or outside the law.

This quintessential founding American value was importantly affirmed this week when the U.S. House of Representatives passed FOSTA, the “Allow States and Victims to Fight Online Sex Trafficking Act,” with 94% support, (388-25) over the strong opposition of some members of the Internet Association. The Senate is expected to pass it in a few weeks, in a similarly overwhelming 90+% fashion. President Trump has indicated he would promptly sign it into law.

Simply, the new law would empower child victims of online sex trafficking to finally be able to sue in court to have websites that knowingly aided or abetted in their trafficking to be held civilly and criminally accountable for their crimes, if they are found guilty in a court of law under due process.

Think about it. What kind of law would require a new law to enable tens of thousands of child sex trafficking victims of unspeakable tortures to just have their rightful day in court to try and prove under due process that they have been illegally violated like any other American rightfully can in every other instance in court?

Something is profoundly wrong here.

Google’s Chrome Ad Blocker Shows Why the Ungoverned Shouldn’t Govern Others

Alphabet-Google is an unregulated monopoly that currently is de facto regulating the entire digital advertising ecosystem – in part via its new Chrome ad-blocker.

With minimal government accountability, it’s no surprise Google apparently is exercising its monopoly power anticompetitively and coercively.  

Only an out-of-control, U.S. Internet policy could create such an upside-down situation where Internet platforms like Google are so ungoverned by the U.S. Government, that they are free to broadly govern other companies in coercive ways that even the U.S. Government legally can’t do.  

Congress needs to pass legislation that restores a fair playing field with equal online-offline accountability to the law. Current U.S. Internet policy and law in the 1996 Telecom Act effectively exempts only Internet platforms from: FCC communications law; Federal and State regulation; liability for consumer negligence; and normal U.S. sovereign governance.

Internet platforms, like Alphabet-Google, act like they are above the rules and outside the law, because they largely are.

What to Expect from the Simons-FTC

Summary

More change is coming to the FTC than most appreciate.

That’s because the FTC is in the process of an unprecedented, clean-slate leadership change, at the same time society is undergoing an extraordinary inflection point – the “techlash.”  

In a nutshell, the evidence to date shows the eventual Simons-FTC is on path to be a tough, bipartisan, populist, by-the-book, enforcer of antitrust and consumer protection laws. That would be in stark contrast to, the “laxter” enforcement and apparent Google-capture, of the 2012-2017 Ramirez-FTC, and the current, sidelined, no-quorum, Ohlhausen-FTC. 

How U.S. Internet Policy Sabotages America’s National Security

A nation divided cannot stand.

America’s Internet policy is so badly divided that America’s national security struggles to stand firm.

The U.S. Government’s outdated, out of control, Internet policy dictates digital division and delivers digital disunion and disorder.

Abraham Lincoln’s most famous speech shared the timeless truth and wisdom that “a house divided against itself cannot stand” when he stood up for what was, and is, right – freedom and equality for all people, not just for the favored.  

Much more than most appreciate, U.S. Internet policy has de facto partitioned America legally into separate online and offline worlds. That may have made sense in the 1990’s when the Internet was nascent, but now when the Internet is pervasively everywhere we live, work, and play, it’s not only “disruptive,” but divisive and destructive too.

Google’s Civilian Surveillance Data + A U.S. Military 5G Network = Bad Idea

 

SUMMARY

What could possibly go wrong with a nationalized, dual-use, military-civilian, secure 5G wireless network to centralize all military and civilian U.S. transportation traffic control and management with Alphabet-Google as the only commercial wireless ISP “financing/anchor tenant?” Way too much.

NetCompetition: Google & Softbank Are the Impetus Behind a Nationalized 5G Wireless Network

 

FOR IMMEDIATE RELEASE, January 29, 2018, Contact: Scott Cleland 703-217-2407

 

The Primary Beneficiaries of America Nationalizing a 5G Wireless Information Highway Would Be: Google’s Monopoly Information Access, Android Mobile Operating System, & Google Maps/Waze; and SoftBank’s ~$60b holdings in China’s Alibaba & $100b Telecom/Tech Venture Fund

 

WASHINGTON D.C. – The following may be attributed to Scott Cleland, Chairman of NetCompetition:

 

“An analysis of the Axios-reported memo proposing to build a nationalized 5G wireless network makes it clear that Alphabet-Google and SoftBank are the moving force behind it. The proposal obviously would benefit their interests first and foremost and it goes in the exact direction they have lobbied for over the last several years.”

 

“It is especially ironic and troubling that Softbank and Alphabet-Google are the apparent impetus behind this proposal for a secure wireless transportation network to compete with China and be secure from Chinese snooping.

 

America Needs a Consumer-First Internet Policy, Not Tech-First

Internet users are the forgotten consumers.  

They have been forgotten for over twenty years because America’s Internet policy has been tech-first-consumer-last. 

Hiding in plain sight, U.S. Internet policy prioritizes what’s best for technologies and Internet companies over what’s best for people, because at core it assumed in 1996 and 1998 that whatever is good for Internet technologies and companies is good for Internet consumers.

For many years that appeared to be largely true. However, the cascading revelations this past year -- big societal, economic, and political problems caused by Google, Facebook, Amazon, Twitter, etc. -- prove that core U.S. Internet policy assumption false.

Let’s contrast the Government’s protection of Internet companies with its protection of Internet consumers.

The Solid Conservative Antitrust Case Against Alphabet-Google – My Daily Caller Op-ed

Please do not miss my latest Daily Caller op-ed: “BREAK UP GOOGLE: There Is A Solid Conservative Antitrust Case Against Alphabet-Google.”

 

A Remedy for the Government-Sanctioned Monopolies: Google Facebook & Amazon

Only three online intermediary platforms command bottleneck distribution control of ~90% of online demand and ~90% of offline supply, with gatekeeper access-power over users and toll-keeper pricing-power over suppliers. They are: Google in information/data; Facebook in social sharing; and Amazon in commerce.

It is no coincidence that the all the monopolizations in the American marketplace today exclusively involve online intermediary platforms; and that they are happening in the only country in the world with a longstanding official, Internet-first industrial policy, that specifically advantages the intermedia companies with permanent blanket protection from competition, regulation, and liability.

How did Google, Facebook, and Amazon become de facto government-sanctioned monopolies?

Evidence Alphabet-Google Expects an Adverse EU Android Antitrust Remedy

This quarter EU antitrust authorities are expected to rule that Google is illegally dominant in the markets for licensable smart mobile operating systems and app stores for the Android mobile operating system, because Google evidently abused its dominance by contractually requiring Android device manufacturers and mobile network operators to install only Google search and make it the default search engine.

Importantly, this expected EU Android ruling occurs in the context of the EU’s seminal antitrust decision last June that: 1) ruled Google’s search services were dominant; 2) ruled Google abused that dominance by giving illegal advantage to its own comparison shopping service; 3) fined Google a record $2.7b; 4) imposed a cease and desist order on Google to stop this illegal behavior in 90 days (or face additional fines of up to 5% of Alphabet’s revenues); and 5) imposed a remedy that requires that rival comparison shopping services get treatment equal to what Google provides itself, a requirement that Google apparently has not been respecting.

What this all suggests is that the next ruling, fines, and remedies that the EU will consider in the Android case, are likely to be more adverse to Alphabet-Google’s business and model than the previous one.

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Q&A One Pager Debunking Net Neutrality Myths