Privacy

Google is arguing in the UK’s High Court that it is not subject to UK data protection law, in a privacy lawsuit that alleges Google bypassed users’ Safari privacy settings to secretly track their activity. The UK’s Information Commissioner has petitioned the court to ensure that Google is subject to UK data protection law.

In a nutshell, Google is defending its secret collection of British citizens’ private information without their knowledge or permission, by claiming British citizens have no sovereign right to sue Google for Google’s invasion of their privacy in the UK.

The Goobris here would be remarkable if it was an isolated incident.

Sadly however, this heads-or-tails, Google-wins approach is really How Google Works.

Google has no shame. Google is throwing stones at Europe while living in a glass house.

Summary

In response to a non-binding resolution passed by a 384-174 vote by the European Parliament to urge the European Commission to enforce European law against Google’s search engine >90% dominance of the European digital market, Google has advanced three self-serving, America-harming, PR narratives that the overwhelming evidence shows are untrue.

One American bad apple is spoiling it for the whole American bunch.

First, Google shamelessly plays the victim acting like it hasn’t done anything wrong worthy of European law enforcement when Google knows the evidence proves it is a serial bad actor with the worst antitrust, privacy, and property infringement rap sheet of any American multinational in Europe or the world.

The European Parliament reportedly is scheduled to vote this week on a political non-binding resolution urging the European Commission to “enforce EU competition rules decisively” against search engines, i.e. Google.

What is going on?

In a nutshell, this vote has three big effective implications. It is a political revolt and declaration of Independence from Google’s virtual hegemony. It is a rejection of former EC Vice President Almunia’s gross mishandling of the Google competition case. And it is a vote for a European “single digital market” to promote European economic growth and job creation.  

A Political Revolt & Declaration of Independence

Google executives’ saccharine best-selling book: “How Google Works,” predictably ignores and whitewashes how Google steals to make its free model work.

This piece spotlights the likely “Post-it Child” of Google theft victims and five other theft victims that Google has stolen from using its signature MO or “Google Con.” It also links to another nineteen victims for a total of at least twenty five examples of Google’s theft and piracy. Corporate kleptomania is “How Google Works.”

Google’s mission is to organize the world’s information for free. Its business model is to generate ad revenue on only the sliver of information that users find and click on.

So Google respecting property rights – whether it is privacy, confidential information, trade secrets, copyrights, patents or trademarks – would be prohibitively expensive because their world view presumes that digitized information should be free.

History should remember Google Chairman Eric Schmidt’s speech in Berlin, “The New Gründergeist,” as the “Ich bin ein Bigfibber” speech, because of his many big fibs about Google’s antitrust and data protection problems in Europe.   

Claim: “Really, our biggest search competitor is Amazon” (not Bing or Yahoo.)

Facts: Google crawls 60 trillion unique URLs to create its search index of the world-wide-web; Amazon does not crawl or search index the world-wide-web.

Google executives are on tour selling their new book: “How Google Works,” which actually tells very little about how Google really works when it comes to Google’s effect on people, and the protection of their well-being, property, privacy, safety, and dignity.

To really learn “How Google Works:”    

European Commission Vice President for Competition Joaquin Almunia recently warned the European Parliament that “Microsoft was investigated [for] 16 years, which is four times as much as the Google investigation has taken, and there are more problems with Google than there were with Microsoft” per the FT article: “EU antitrust chief says Google case may be bigger than Microsoft.”

Why would the EC view Google as a bigger problem than Microsoft ever was?

Google Chairman Eric Schmidt recently blogged to refute an EU newspaper ad “arguing that Google is too dominant and that we favour our own products.” Mr. Schmidt then said: “I wanted to ensure that people have the facts so they can judge the merit of the case themselves.” 

Let’s check Mr. Schmidt’s main assertions of fact here, to determine if they are indeed “facts,” or if they are deceptive half-truths at best? To truly “judge the merits” of this case, one needs to know the truth, the whole truth and nothing but the truth about his public representations.

1.  Google: “We built Google for users, not websites.”

Dear European Commission Official,

Unfortunately, the EC has learned the hard way. Settlements with Google don’t work.

First, Google’s leaders interpret DG-Comp’s publicly-signaled preference for a competition settlement over law enforcement to be a sign of sovereign weakness, and a lack of confidence in the EC’s sovereign resolve and law enforcement.

Second, Google’s leaders also interpret the EC’s repeated willingness to settle -- with no admission of Google wrongdoing/culpability and no meaningful penalty for past abuses of dominance – to practically mean that the EC’s sovereignty, rule of law and deterrent capability are all negotiable and open to surrender if Google pushes back hard enough.   

There is no other conclusion for Google’s leaders to reach. DG-Comp effectively surrendered its entire case three different times publicly: that Google is dominant, has abused its dominance, and warrants a fine and changed behavior.

In addition to that capitulation and pardon from responsibility for past abuses of dominance, DG-Comp also agreed to surrender the EC’s future sovereign authority to investigate Google search for five more years – almost the entire term of the next European Commission.

While a well-positioned façade of a castle can create the illusion of a fully-fortified castle, real people’s data requires more than the illusion of security; it requires real data-protection-security.  

Google’s outsize ability to create the illusion of data-protection-security is particularly apt given that Eran Feigenbaum is Google Apps Security Director by day, and also a professional magician/illusionist by night.