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Submitted by Scott Cleland on Wed, 2016-06-08 12:49
With due credit to "Ripley's Believe it or Not!®,"so much odd and bizarre is happening at the FCC in the "name" of “privacy” that the topic calls for its own collection of: "Believe it or Not!®" oddities.
Title II Privacy Proposed Rules
The FCC claims consumer privacy is important, but preempted existing FTC privacy regulation of broadband providers before they had any replacement privacy protections in place, so U.S. broadband consumers have been left without any federal privacy protection for over a year!
Submitted by Scott Cleland on Thu, 2016-06-02 17:44
Every company and industry competitor currently serving and targeting the digital home marketplace doesn’t know they are largely surrounded, but they are.
If one organizes and pieces together the many related things Google intimated at its I/O developer conference last month, especially about Google’s big advantage in conversational AI voice, with what we already know about what Google has already achieved and is doing, what kind of Google digital home strategy becomes clear?
The assembled pieces showcase a discernible big picture of an exceptionally comprehensive Google-Android strategy to try and monopolize the integrated connectivity of home automation (i.e. digital information, products and services) over time via: its strong advantage in conversational AI voice interface, Android dominance, and its proliferating OS tentacles -- very much like Google did with mobile search and search-related information, products, and services in increasingly dominating consumer digital services over the last decade.
Submitted by Scott Cleland on Fri, 2016-05-27 10:03
Summary: It is rare for an FCC proceeding to be so wrong-headed and ill-conceived that it has seven huge flaws. Tellingly this one does.
Submitted by Scott Cleland on Mon, 2016-05-23 22:39
[Note: this blog was submitted to the FCC as a reply comment in the AllVid Set Top Box NPRM.]
As more evidence comes to light exposing Google’s much increased search and Android dominance in the U.S. since the FTC closed its search and Android antitrust probes in January 2013, it only becomes clearer that the FCC’s AllVid proposed rulemaking to “Unlock the [set-top] Box” is obviously anticompetitive overall, not pro-competitive as the FCC naively claims.
(A brief context refresh is needed here. In a nutshell, Google is the primary impetus behind the FCC’s controversial AllVid set top box proposal that would force U.S. pay-TV providers to effectively open-source cable set-top boxes and the $200b worth of proprietary video programming/information that flows through them, so that Google and other edge platforms could monetize that proprietary video programming without a license -- for free.
Submitted by Scott Cleland on Tue, 2016-05-17 09:20
If you are online, you can’t escape Google’s myriad of ways it tracks you, but you can leave your ISP.
A famous 2009 Google Blog post boasted that: “Google is not the Hotel California — you can check out any time you like and you CAN, in fact, leave!”
Since Google chose that apt metaphor, and boasted about how easy Google makes it to “check out” your private data and “leave” to a competitor, lets test if you can ever “in fact leave” Google-Eye’s pervasively invasive online surveillance -- from a privacy perspective.
But first, why is this point a relevant exercise for people who care about privacy at this particular point in time?
Right now in the U.S., the FCC is trying to justify differential treatment of ISPs and dominant edge platforms like Google in its Title II privacy proceeding and its AllVid set top box proceeding, by claiming that ISPs are more “sticky” and harder to leave than dominant edge platforms like Google.
Submitted by Scott Cleland on Mon, 2016-05-16 00:50
The Sunday Telegraph reports that the EU is poised to fine Google an EU record ~€3b for “web search monopoly abuse” and that “Google will be banned from continuing to manipulate search results to favour itself and harm rivals.”
Assuming this occurs in the reported June-July timeframe, and just like the EU’s 2015 Statement of Objections charged, the long-term ramifications for Google will be much broader and more serious than most appreciate.
Submitted by Scott Cleland on Tue, 2016-05-10 10:43
Why does the company that by far collects the most private information that the FCC claims it wants to protect, and that also has the worst consumer privacy protection record with the FTC, (Google), get 99% exempted from the telecom and cable privacy protections expected of telephone, broadband, cable and satellite providers?
Is it the same reason, that the edge platforms with much more gatekeeper power and private data collection opportunity than ISPs somehow warrant no FCC privacy regulation? (See info-graphic here; explanation here.)
Submitted by Scott Cleland on Wed, 2016-05-04 19:07
1 Oracle v. Google case + 1 EU Android Tying Case = 3
While the U.S. Oracle v. Google Java API copyright case that will recommence in public court this month has been completely independent of the EU Google-Android antitrust case, in sovereign jurisdiction, type of law, legal process, timetable and alleged offense, these two cases ultimately could have huge, much underappreciated implications for each other, because they are both about the same thing -- purposeful illegal actions that Google chose to do to extend its search-related dominance into mobile via Android.
Submitted by Scott Cleland on Fri, 2016-04-29 11:01
The epic flaw in the FCC’s Title II privacy NPRM is that it purports to best protect consumers’ private information by only regulating broadband providers’ use of that private information, while emphatically protecting dominant edge platforms from FCC privacy regulation when they use that same FCC-regulated private information indiscriminately without consumers’ meaningful knowledge or consent.
Yes you read that right.
Apparently the FCC thinks it is more important to protect dominant edge platforms from FCC privacy regulation, than it is to protect consumers’ private information.
The issue of privacy lays bare the FCC’s contorted and arbitrary logic of both its Title II cleave that only ISPs can be gatekeepers, and that the goal of net neutrality, protecting dominant edge platforms from ISP interference, is logical and appropriate to apply to privacy. If it was, that would perversely mean that the purpose of the FCC’s privacy rules should be to protect edge providers’ businesses, not consumers’ privacy.
If you want to see a visual representation of this problem, please see the attached one-page graphic here.
Submitted by Scott Cleland on Wed, 2016-04-20 12:53
The European Commission has charged Alphabet-Google with abusing its dominance in the market for “general Internet search services,” by implementing an Android “strategy of mobile devices to preserve and strengthen its dominance in general Internet search.” The EU objects to a variety of secret Google contract conditions to manufacturer licenses to leverage the dominant (>90% share) Android OS to secretly restrict and foreclose competition in ways that ultimately harm consumer choice and innovation. The EU effectively charged that Google has already anticompetitively extended its >90% dominance in search to dominance in the >90% share of the “licensable smart mobile operating system,” and to dominance in the >90% share of the “app stores for the Android” market.