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The Looming Government Spectrum Scandal – Part 5 of Government Spectrum Waste Fraud & Abuse Series

Please don't miss my new Daily Caller Op-ed "The Looming Government Spectrum Scandal" -- here.

  • It's Part 5 of my ongoing Government Spectrum Waste, Fraud & Abuse Research Series.

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Government Spectrum Waste Fraud and Abuse Research Series

Part 1: U.S. Government's Obsolete and Wasteful Spectrum Hoarding and Rationing

America's Real Wireless Problem Isn't Too Little WiFi -- Daily Caller Op-ed & Part 4 Government Spectrum Waste Fraud and Abuse Series

Please see my Daily Caller Op-ed "America's Real Wireless Problem Is Not Too Little WiFi" -- here.


Government Spectrum Waste Fraud and Abuse Research Series

Part 1: "U.S. Government's Obsolete and Wasteful Spectrum Hoarding and Rationing"

Top Takeaways from FTC's Google Antitrust Decisions -- Part 16 Google Unaccountability Series

Summary of Top Takeaways from the FTC's Google Antitrust Decisions:

  1. Google's U.S. search bias win establishes a broad Internet-friendly FTC antitrust enforcement precedent.
  2. Google has already lost on search bias in the EU.
  3. Those harmed by anti-competitive behavior are now much less likely to seek redress from the FTC.
  4. The FTC effectively has redefined self-regulation to include self-enforcement too, establishing a new de-facto FTC "honor system" for potential Section 5 Internet antitrust problems.
  5. The FTC's decision effectively makes the FTC Section 5 authority largely irrelevant in Internet enforcement going forward.
  6. The FTC's Standards Essential Patents consent order means Google's core reason for buying Motorola has backfired and the primary perceived benefit of the acquisition is largely nullified.
  7. Google's 2013 enforcement risk is centered in the EU on antitrust, privacy and intellectual property.

1. Google's U.S. search bias win establishes a broad Internet-friendly FTC antitrust enforcement precedent.

Google's Twelve Days of Christmas -- A Satire

Please sing to the tune of "The Twelve Days of Christmas."

On the twelfth day of Christmas the FTC gave to me:

Twelve winkers winking

Eleven fibbers fibbing

Ten bluffs a bluffing

Nine Google's poodles

Eight flacks a flacking

Seven fawns a fawning

Six cov-er-ups

No enforce-ment! ...

Four lap-dog-gies

Three big passes

Two lame-ex-cuses

Troubling Irregularities Mount in FTC Commissioners' Handling of Google Antitrust Investigation -- Part 14 Google Unaccountability Series

The mounting number of unprecedented, inexplicable, and troubling irregularities in the FTC's cumulative law enforcement record of Google warrants oversight by Congress and renewed vigilance by other law enforcement officials -- State Attorneys General, the DOJ, and the European Commission -- in order to maintain the integrity and deterrent value of the antitrust law enforcement process.

Each of the following sets of facts and circumstances in the FTC's law enforcement experience with Google have raised eyebrows, together there is head-shaking cumulative evidence that reeks of either special treatment for Google or political interference by Google in the process.

Consider the following evidence to judge for yourself if something appears amiss here.

Only Google has been able to get FTC commissioners to twice politically overrule staff recommendations to prosecute after in-depth antitrust investigations, in approving Google-AdMob despite "serious concerns," and in rushing to close the current Google search bias investigation without seeking the most incriminating evidence available.

Don't Miss the CFIF paper: “The Constitutional and Historical Foundations of Copyright Protection.”

Kudos to the Center For Individual Freedom CFIF for its outstanding paper: "The Constitutional and Historical Foundations of Copyright Protection" authored by former Solicitor General Paul D. Clement, Viet D. Dinh, and Jeffery M. Harris, all of whom clerked for the U.S. Supreme Court.

This paper is an exceptionally lucid and particularly timely addition to the current discourse on copyright, given the recent boomlet in revisionist copyright history proffered of late by opponents of copyright specifically, and intellectual property in general, who obviously have not done their homework.

The best new fact that I learned from the  paper is that: philosopher "John Locke himself... argued in a 1694 letter to the Parliament that formal publishing rights should last for the life of the author plus seventy years."

That shows that the penultimate natural rights conservative, John Locke, would not find current copyright durations out of bounds.


My Op-ed for The Hill: Courts Not FTC Should Decide on Google's Practices

Please don't miss my new Op-ed for The Hill here, entitled "Courts, Not FTC, Should Decide On Google Practices."

Simply, why shouldn't a court of law, based on the law, due process and the facts be the entity to ultimately decide if Google is guilty or innocent of deceptive search bias, not the FTC?


Oversight Questions for FTC's Handling of Google Antitrust Probe -- Part 12 Google Unaccountability Series

The number and seriousness of irregularities, deficiencies, and unanswered questions in the FTC's antitrust investigation of Google's alleged search bias warrant oversight by the Senate and House Antitrust Subcommittees and investigative reporting by the media.

FTC-Google Antitrust: The Obvious Case for Consumer Harm -- Part 10 Google Unaccountability Series

Despite reports questioning the evidence of consumer harm in the FTC antitrust investigation of Google, it's obviously there if the FTC chooses to charge Google under its Section 5 authority which prohibits "unfair or deceptive acts or practices." The legal threshold for proving consumer harm under Section 5 versus the Sherman Act is dramatically easier for the FTC prosecution to meet. Thus press reports about Google consumer harm are implicitly more about the furious debate over which law(s) to use than it is about the provability of consumer harm.

A main argument the FTC made to win the turf battle over which antitrust agency would lead the Google antitrust investigation, the DOJ or FTC, was that the FTC had Section 5 authority, in addition to the Sherman Act anti-monopolization authority that the DOJ and FTC both share. Unlike antitrust precedent from the Sherman Act, which guides that consumer harm should outweigh any offsetting innovation or consumer benefits, Congress in Section 5 declared deceiving consumers is illegal harm of consumers.


Q&A One Pager Debunking Net Neutrality Myths