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Submitted by Scott Cleland on Thu, 2015-05-21 11:13
The latest example of Google’s well-established pattern of callous corporate irresponsibility and willful blindness is reporting by the Washington Post that: “If you search Google Maps for the N-word, it gives you the White House.”
Tellingly, Google’s corporate policy of crowd-sourcing without curation/corporate supervision of Google Maps systemically yields racist labels for innumerable places per Danny Sullivan’s analysis of the pervasive problem at MarketingLand.
Submitted by Scott Cleland on Fri, 2015-05-08 11:14
Most have missed entirely the broader significance of the EC-DGComp’s laser-focused Google Statement of Objections (that charge Google is dominant in search and is abusing that dominance in Google Shopping by self-dealing via preferencing Google content over competitors’ content) in the broader context of the EU’s new “platform neutrality” principle to advance a European Single Digital Market.
To date, Google is the only digital company that the EC-DGComp has found to be an abusively dominant “platform” warranting a non-discrimination remedy that Google cannot self-deal. A primary allegation driving the EC’s new antitrust investigation of the Google-Android platform is that Google self-deals by design in requiring Google Search and other Google apps to be offered to users by default on Android.
The significance of what DGComp and the EU do on Google-Android “platform neutrality” could turn out to be the single most important element long term for the European Single Digital Market.
Android is rapidly becoming Europe’s (and most of the world’s) single dominant digital operating system that increasingly will have the market power to dictate who wins and who loses throughout the markets for digital devices, the Internet of things, the connected home, the connected car, etc.
Submitted by Scott Cleland on Mon, 2015-04-27 10:01
Will the FCC create an Internet “Do Not Track” list like the FTC created the “Do Not Call” list enjoyed by three quarters of Americans?
In ruling the Internet to be subject to common carrier consumer protection law, the Obama FCC’s recently passed Open Internet Order applied common carrier privacy law (Section 222) to Internet telecommunications as part of the FCC’s unilateral efforts to modernize communications law for the 21st century.
The Obama FCC’s Open Internet Order also ruled that the Internet now encompasses the Public Switched Telephone Network (PSTN) and that an IP address is the functional equivalent of a telephone number.
Thus, logically it could follow that information that’s considered legally private in the telephone world now could be considered legally private in the Internet world.
This central consumer protection question should come up this week as the FCC hosts a Section 222 public workshop to explore the FCC’s “role in protecting the privacy of consumers who use” the Internet.
What is Section 222?
It is a common carrier provision of the Communications Act entitled “Privacy of Customer Information.”
Submitted by Scott Cleland on Tue, 2015-04-14 11:11
Just when Google needs it most, its political bag of tricks to dodge antitrust enforcement may be running out.
Reports that the EC is likely to issue a Statement of Objections ruling soon -- that Google is >90% dominant in search and search advertising and has illegally abused that dominance by promoting Google’s content and demoting competitors’ content -- indicates Google finally may be facing a global antitrust inflection point.
A tough EC SO would be a game-changer for Google, like the 2000 U.S. District Court case that ruled Microsoft an anti-competitive monopoly, proved to be a game-changing, global antitrust inflection point for Microsoft.
Substantively on the merits of the EC antitrust case, Google appears to have little room to maneuver. The EC effectively agrees with the FTC’s staff antitrust conclusions per the leaked FTC staff report. That finding is highly problematic for Google because: EU competition law is much tougher than America’s; Google’s relative >90% market dominance in Europe is much greater than in the U.S.; and Google doesn’t have the dominant political influence over Europe that it does with the U.S. Executive Branch.
Submitted by Scott Cleland on Wed, 2015-04-08 23:27
The FTC’s politically messy closure of the FTC-Google antitrust investigation in 2013, chronicled in “Googlegate: the FTC Cover-up Evidence Piles Up,” is not the only major Federal investigation into Google’s business practices that Google’s political influence appears to have made go away in 2013.
Submitted by Scott Cleland on Wed, 2015-04-01 10:55
The FTC’s Googlegate cover-up problem is that while the FTC may be telling the truth, they apparently are not telling the whole truth and nothing but the truth.
Don’t miss the brief summary below of the role political influence played in the politically messy closure of the FTC-Google antitrust investigation in 2013.
The evidence of FTC special treatment for Google, coupled with an apparent FTC cover-up of the political influence that may have defanged the FTC’s investigative process, is particularly relevant to: the European Commission’s current antitrust investigation of Google’s abuses of its <90% dominance in Europe; reported U.S. Senate oversight interest in the FTC’s closure of the Google investigation; and Mississippi AG Jim Hood’s State-led antitrust and consumer protection investigation of Google.
Submitted by Scott Cleland on Wed, 2015-03-11 11:04
On February 26th, the FCC executed President Obama’s call to “implement the strongest possible rules” to regulate the Internet as a telephone utility under “Title II” of the Telecommunications Act.
Legally, the result of this “reclassification” was for President Obama and the FCC to assert regulatory jurisdiction over the Internet ecosystem, creating a de facto American “Digital [Internet] Single Market” industrial policy, like the European Commission is in the process of creating for the European Union.
Legally, America now has a single digital telecommunications/Internet market/ecosystem because the FCC is effectively reclassifying Internet traffic as Title II telecommunications and Title II is a holistic, end-to-end, 1934 regulatory regime designed for the FCC to decide most everything in the assumed monopoly telecommunications ecosystem from originating and terminating local access, long distance, phone and network equipment manufacturing, directories, etc.
Submitted by Scott Cleland on Thu, 2015-03-05 19:07
Please don’t miss my Daily Caller op-ed: “How America Protects National Champion Google in the EU”
Google Unaccountability Series
Part 0: Google's Poor & Defiant Settlement Record [5-1-12]
Part 1: Why Google Thinks It Is Above the Law [4-17-12]
Submitted by Scott Cleland on Sun, 2015-03-01 14:41
I was asked to speak at CPAC 2015 on a February 28thpanel at National Harbor on Google entitled: “The United States of Google: Big Brother & Big Data” with Seton Motley of Less Government and Erik Telford of the Franklin Center for Government and Public Integrity.
My power point presentation, “Google’s Anti-Conservative Values,” for the first time contrasted the traditional conservative values of the American Conservative Union with Google’s values.
Below is an outline of my remarks:
Google Has Anti-Conservative Values
Submitted by Scott Cleland on Fri, 2015-02-06 11:10
The FCC’s official confirmation that it will reclassify wireline and wireless broadband as Title II “telecommunications,” and that it also will apply Title II “Section 222: Privacy of Customer Information” has sweeping, under-appreciated, and negative implications for Google Inc.
Google will certainly be captured by the new privacy regulations. Given its core business model of monetizing users’ information without their meaningful permission, and given its industry-worst privacy record and rampant Android security problems protecting users’ private information, Google will own more serious Section 222 privacy liabilities than any FCC captured entity -- by far.