Google’s FCC Title II Privacy Liability Nightmare

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 

Cleland on NPR KQED Forum Debating EFF Rep on FCC Title II

To hear the ~hour KQED Forum Radio Show today on the FCC’s Title II plans, here is the NPR link. (Note the button to hear the show is under the date of the NPR article you will see.)

NPR’s digital culture correspondent Robin Sydell opened the show with an FCC-sympathetic overview and introduction of what the FCC is planning to do and praised the FCC’s process as “democracy in action.” I rebutted that notion by reminding listeners that the unelected FCC to date has totally rebuffed  any help from America’s duly elected Congress to pass lasting FCC net neutrality authority, and that the FCC is trying a third time to impose rules where courts have twice overturned the FCC.

The pro-FCC voice was Corynne McSherry, intellectual property director for the Electronic Frontier Foundation.

We had a good discussion where I had the opportunity to make the case in detail why Title II was unnecessary, unwarranted, and highly-politicized, regulatory overkill.




Net Neutrality Bait & Switch to Title II – My Daily Caller Op-ed

Please don’t miss my latest Daily Caller op-ed “Net Neutrality Bait & Switch to Title II.”

  • It shows how net neutrality and Title II are not the same.


FCC Open Internet Order Series 

Part 1: The Many Vulnerabilities of an Open Internet [9-24-09]

Part 2: Why FCC proposed net neutrality regs unconstitutional, NPR Online Op-ed [9-24-09]

NetCompetition Joins Letter to Congress Backing Strong Intellectual Property Protections

NetCompetition joined 65 other groups to urge Congress to robustly protect of Intellectual Property; please see the letter and its recommended IP framework and guidelines regarding intellectual property -- here.

Strong protection of property rights is an essential foundation and pre-condition for competition, free markets, innovation and growth.


What’s Google Really Up to in Wireless?

News of Google getting into wireless service via an MVNO reseller relationship with Sprint and T-Mobile has many wondering what Google is really up to in wireless.

What is Google’s wireless vision? And what are Google’s wireless business, technology and lobbying strategies?

We naturally tend to look at things through the narrow lens of what we currently know, but in the case of Google, which is always looking at things through a much more expansive and disruptive lens of what could be technologically, we must take a big picture perspective. Otherwise, we would miss the proverbial “forest” of Google’s grand GoogleNet networking scheme “for the trees” of what we know and see before us.

Big picture, what is Google really up to in wireless?

Testing the FCC’s Net Neutrality Political Calculus – My Daily Caller Op-ed

Please don’t miss my latest Daily Caller op-ed “Testing the FCC’s Net Neutrality Political Calculus.”

  • It explains how the FCC is risking the proverbial “bird in the hand” to grasp for the elusive “two birds in the bush,” and in doing so is very likely to end up with no net neutrality authority long term.    


FCC Open Internet Order Series 

Part 1: The Many Vulnerabilities of an Open Internet [9-24-09]

The FCC’s De-Americanization of the Internet – My Daily Caller Op-ed

Please don’t miss my latest Daily Caller op-ed “The FCC’s De-Americanization of the Internet.”

It explains how the FCC’s expected U-turn on Title II affects digital free trade by contrasting the very different Clinton-Net and Obama-Net visions for the Internet.  


FCC Open Internet Order Series 

Part 1: The Many Vulnerabilities of an Open Internet [9-24-09]

NetCompetition on FCC Publicly Sharing its Proposed Open Internet Order

FOR IMMEDIATE RELEASE                                           

January 23, 2015      Contact:  Scott Cleland 703-217-2407


FCC Should Lead by Example and Be Publicly Open & Transparent about its Internet Proposal

Why Block or Throttle Public Openness & Transparency in a FCC Open Internet Order Vote?

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

Breaking Privacy Promises is How Google Works - New Student Privacy Pledge

Google quietly signed the U.S. Student Privacy Pledge, which makes its new privacy representations legally enforceable by the FTC and State Attorneys General.

This is a much-under-appreciated, high-risk decision for Google because its new student privacy commitments conflict with Google’s Apps for Education contracts with schools, and it is antithetical to Google’s longstanding business model, practices, and privacy track record.

Google may already be breaking this privacy promise because it is “How Google Works” -- as you will learn below.  

Why the FCC Needs Congress – My Daily Caller Op-ed

Please don’t miss my latest Daily Caller op-ed “Why the FCC Needs Congress.”

While the FCC may imagine it does not need any authority from this Congress to legally enforce an Open Internet, it does need the Congress legally, operationally and politically.  




FCC Open Internet Order Series

Part 1: The Many Vulnerabilities of an Open Internet [9-24-09]


Q&A One Pager Debunking Net Neutrality Myths