Submitted by Scott Cleland on Tue, 2015-06-23 17:52
Please don’t miss my latest Daily Caller op-ed, “FCC Changed “Can-do” Internet into “Can’t-do” Internet.”
FCC Open Internet Order Series
Part 1: The Many Vulnerabilities of an Open Internet [9-24-09]
Submitted by Scott Cleland on Thu, 2015-06-18 11:11
After successfully taming the FTC and the DOJ via the intimidation of politically placing seven former Google executives or consultants in senior positions in most every major federal policy or law enforcement area of legal or commercial interest to Google Inc., Google has turned its intimidation modus operandi on the only American law enforcement arm that apparently remains willing to investigate and enforce the law when it comes to Google – state attorneys general.
Submitted by Scott Cleland on Mon, 2015-06-15 23:13
The FCC’s just operative Open Internet Order, with its classification of broadband as Title II common carriage and vague Internet conduct standard, sets ISPs up for FCC “gotcha” or contrived regulation and enforcement.
FCC Commissioner O’Reilly exposed the FCC’s “gotcha!” game: “I will be vigilant in resisting any attempts by the agency to act as a referee enforcing rules known to none of the players and made up along the way.”
And the FCC’s Enforcement Chief, Travis LeBlanc, tacitly admitted to playing the contrived “gotcha!” game in an article with the National Journal entitled: “The FCC’s $365 Million Man.”
Submitted by Scott Cleland on Fri, 2015-06-12 14:33
The appellate process will only get tougher for the FCC’s Title II Open Internet Order from here, which means both legal and electoral uncertainty over the permanence of the FCC’s net neutrality authority will only grow as the appellate process plays out and the 2016 Presidential election approaches.
Simply, do the FCC and its congressional supporters essentially cash in and keep their net neutrality gains long term for consumers in bipartisan net neutrality legislation now, or do they double down by waiting and maybe losing it all in either the Supreme Court or the 2016 Presidential election?
From their current position of relative strategic negotiating strength, an operative Open Internet Order empowering the FCC to enforce protection of net neutrality, the FCC and its congressional supporters, need to take stock of their situation and ask themselves if they want to lock-in their bright-line net neutrality protections now and permanently protect consumers against blocking, throttling, and paid prioritization, in bipartisan legislation?
Or do they want to roll both the court and electoral dice that their relative strategic negotiating position will improve from here and risk losing most all their net neutrality gains and authority, in the next 18-24 months to an ultimate court loss in the Supreme Court or to a Republican elected President in 2016, who would likely overturn the Order in 2017?
Submitted by Scott Cleland on Wed, 2015-06-10 21:54
Just as people have come to appreciate that with Google you are not the customer, you are the product, with Google automated vehicles people will come to appreciate that Google is the driver and you are the package to be delivered.
As the runaway PR leader in this emerging category of transportation, Google interestingly steered the branding of this new category towards misleading misnomers for these vehicles.
They are not truly “self-driving,” “driverless,” or even “autonomous” cars; they are very much cars driven and governed by the company whose software and algorithms automate, control, and drive the vehicle.
If you doubt these are actually Google-driven cars, the software that drives them is called “Google Chauffeur.”
Google’s unique vision is for Google-driven cars to have no steering wheel, brake pedal or accelerator; so no one possibly could drive such a vehicle but Google.
Submitted by Scott Cleland on Tue, 2015-06-09 12:00
Below is my op-ed “Privacy’s Big Three” on the FCC’s pending interpretation of its newly asserted Title II section 222 privacy authority. It is a side-bar in this week’s Multichannel News cover story “Who’s Watching Whom?” Click here for the full Multichannel article.
This succinct op-ed spotlights the three biggest privacy questions the FCC must grapple with here:
Privacy’s Big Three
Submitted by Scott Cleland on Fri, 2015-06-05 11:12
A succession of demonstrably wrong and lax antitrust decisions by the FTC has created a 90% market share Android mobile monopoly in licensed mobile operating systems that is anti-privacy by design, because Google’s ill-gotten mobile advertising dominance demands bulk data collection of Android users’ app metadata and private information without users meaningful knowledge or consent.
Submitted by Scott Cleland on Wed, 2015-06-03 10:56
A Satirical Merriam-Webster Press Release
A Sample of New Google Antitrust-Relevant Dictionary Words for 2015
SPRINGFIELD, MASS., June 3, 2015— Gconomy, Gclipse, Gvolution, Gvil, Goobris and other Google antitrust-relevant words join over 1700 new words and definitions added to Merriam-Webster's Collegiate Dictionary in 2015, available now in print and online at Merriam-Webster.com. These new additions to America's best-selling dictionary reflect the growing influence Google is having on human endeavor.
Gconomy – Google’s system for the management and development of the three most important factors of production going forward: information, connectivity, and computing power; or, the fastest growing part of the economy.
Submitted by Scott Cleland on Fri, 2015-05-29 11:13
Surprise! Google-Android is as dominant as Google search in the EU and much more so in the U.S.
Not only does Google face substantial business risk from the EU concluding Google has abused its 90% search dominance by favoring Google Shopping over competitors in Google search results, but Google’s future business in mobile also faces substantial business risk from the EU likely concluding in its investigation of alleged Android abuses of dominance, that Google-Android has >90% mobile operating system (OS) market share because Apple iOS is not an Android competitor for antitrust purposes.
Google-Android faces much more antitrust risk than conventional wisdom appreciates because antitrust law and precedent can define relevant market boundaries very differently than consumer-oriented industry researchers, investment analysts, or the media do for their particular purposes, which can yield a surprisingly dominant market share in this particular antitrust case.
Submitted by Scott Cleland on Wed, 2015-05-27 10:05
The FCC brief unwittingly: exposed a glaring internal inconsistency with the FCC’s Open Internet Order; spotlighted its arbitrary and capricious decision-making; and exposed a big mistake in its legal strategy.
If the D.C. Circuit Court of Appeals panel rules on the legal merits of the industry’s petition, it remains very likely they will grant a partial stay of the Title II reclassification part of the FCC’s Open Internet Order.