Submitted by Scott Cleland on Mon, 2014-09-15 18:50
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.
Submitted by Scott Cleland on Sun, 2014-09-14 22:21
As one can see from the “de-competition” series below, this isn’t the first time the FCC has turned to de-competition policy.
FCC De-Competition Series
Part 1:Harms of a Potential New FCC De-Competition Policy – Reply Comments to FCC Open Internet NPRM [4-5-10]
Submitted by Scott Cleland on Tue, 2014-09-09 18:25
FCC Open Internet Order Remand Request for Comments (GN Docket No. 14-28) Submitted by: Scott Cleland, Chairman of NetCompetition, September 9, 2014
The case against the FCC regulating broadband as a telephone utility is overwhelming. Please see eight strong arguments against FCC Title II reclassification of broadband below.
The Summary Case against FCC Title II Reclassification of Broadband
Submitted by Scott Cleland on Sun, 2014-09-07 21:51
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.
Submitted by Scott Cleland on Thu, 2014-09-04 21:26
What is the FCC’s definition of “competition?” That is the defining question and take-away from FCC Chairman Wheeler’s latest broadband speech, “The Facts and Future of Broadband Competition.”
Tellingly the Chairman said: “Since my first day as Chairman of the FCC my mantra has been consistent and concise: Competition, Competition, Competition.” Well then, it seems especially important to understand exactly what the FCC Chairman means when he says the FCC is singularly focused on “Competition.”
Submitted by Scott Cleland on Tue, 2014-09-02 10:44
Via their Congresswoman, Silicon Valley is trying to redefine net neutrality for their benefit under the benign guise of “rebranding.”
Their desired re-definition is that net neutrality now should be the principle that “all bits are created equal.”
This is an unreasonable utopian escalation of the net neutrality debate. An “all bits are created equal” or “bit equality” principle would be a radical departure from the current decade-old “network neutrality” principle that the American Internet has long operated under.
Everyone knows that “neutrality” and “equality” are not synonyms and are not honestly used as interchangeable concepts in conversation, policy discourse, branding, or the law.
Submitted by Scott Cleland on Thu, 2014-08-28 11:53
There are two core reasons the FCC should not try to preempt State muni-broadband laws.
I. Why FCC Preemption of States Rights would be Unconstitutional
First, the Supreme Court already has decided this issue effectively in favor of state rights. In Nixon v. Missouri Municipal League (2004) the Supreme Court rejected federal preemption of state prohibitions on telecom services. It specifically rejected the use of the FCC’s Title II section 253(a) authority to preempt state prohibitions of localities offering telecom services on constitutional federalism grounds.
Submitted by Scott Cleland on Wed, 2014-08-20 14:13
Pro-regulation interests often resort to highly misleading arguments to advance their cause. Fortunately that kind of deception ultimately exposes the weakness of their underlying argument and public policy position.
To promote Netflix’ “strong” version of net neutrality regulation and to oppose the Comcast-TWC acquisition, Consumerist just framed a very deceptive whopper competition argument: “Comcast says mobile data is competitive, but it costs $2k to stream Breaking Bad over LTE.”
Submitted by Scott Cleland on Mon, 2014-08-11 11:38
The old adage is true here; “if it ain’t broke don’t fix it.”
The Internet peering marketplace works exceptionally well and it has for its entire twenty year history. The unparalleled success, growth, and resiliency of the unregulated model for the Internet backbone peering marketplace has been nothing short of phenomenal in enabling and ensuring everyone reasonable access to the Internet.
Inter-networked computer networks are effectively the opposite of railroad, electricity, and telephone networks; trying to impose telephone interconnection rules on IP inter-networking is akin to forcing a square peg into a round hole. It predictably breaks both the peg and the hole.
Please see NetCompetition’s House CommActUpdate submission on interconnection -- here. (3 pages)
Submitted by Scott Cleland on Wed, 2014-08-06 17:24
The Daily Record reports that the Maryland Public Service Commission ruled that Uber is a common carrier subject to its regulatory jurisdiction.
The PSC stated: “[W]hen viewed in their totality, the undisputed facts and circumstances in this case make it clear that Uber is engaged in the public transportation of persons for hire. Thus, Uber is a common carrier and a public service company over whom the Commission has jurisdiction…”
In 60 days, PSC will draft “new regulations that protect the public interest,but also reflect the evolving nature of transportation services like Uber.”
Uber has threatened to leave the state if Uber is treated the same as their regulated taxi and transportation-for-hire competitors are under Maryland law.
Relevance to FCC Open Internet Order