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Why Settlements with Google Fail – Open Letter to New EC Commissioners

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.

Google’s Illusion of Data Protection Security

 

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.

Google Android Dominates by Cheating Data Protection

Google-Android sacrifices users’ security, privacy and data protection to scale Android fastest so that Google can dominate mobile software and advertising.

This charge and analysis is timely and relevant because Reuters is reporting that European Commission competition authorities are “laying the groundwork for a case centered on whether Google abuses the 80 percent market share of its Android mobile operating system to promote services from maps to search.”

The purpose of this particular analysis is to help a user better understand how they are harmed by Google-Android’s disregard for data protection.

Supreme Court & EU Expose Google’s Massive Privacy Liabilities – Daily Caller Op-ed

Please read my latest Daily Caller op-ed: “Supreme Court & European Union Expose Google's Massive Privacy Liabilities.” See here.

It connects the dots of what two recent Supreme Court and three recent EU privacy decisions mean for individuals’ privacy in general and Google’s privacy liabilities in particular.

 

Silicon Valley’s 6 Biggest Net Neutrality Fantasies – Special Report

If Silicon Valley folks are indeed the smartest of the smart, how could they be so easily fooled on net neutrality?

Normally smarts distinguish between what’s testable and real versus what is the pixie-dust of dreams.  

So where’s the real data and sound scientific thinking behind Silicon Valley’s grandiose net neutrality presumptions?

Why isn’t Silicon Valley adhering to its own data-driven, scientific decision-making principles?

 

 

Summary of Silicon Valley’s 6 Biggest Net Neutrality Fantasies:

Six Ways the FTC is AWOL on Google

 

The mounting evidence indicates the FTC is AWOL on Google.

Currently there are no less than six important Google enforcement issues that that the FTC should be investigating, but apparently is not.  

In stark contrast, the EU has many serious problems with Google’s >90% dominance and its persistent disregard for Europe’s privacy, data protection and the right to be forgotten requirements.

An American Google enforcement vacuum stiffens the EU’s resolve and adds to the need and urgency for the EC to step in to preserve the rule of law in Europe.

An absentee FTC, which is largely ignoring consumer choice, also makes it harder for the U.S. to preserve the US-EU safe harbor for the handling of personal information in the pending Transatlantic Trade and Investment Partnership (TTIP). Post-Snowden, the US and EU are far apart on data protection, and a glaringly absentee FTC only exacerbates that divide.

    

 

Google’s Right to Be Forgotten Hypocrisy -- My Daily Caller Op-ed

Please read my latest Daily Caller op-ed: “Google’s Right to Be Forgotten Hypocrisy.”

Whenever Google plays the victim you can bet they are hiding something. Don’t miss learning what it is.   

It is Part 42 of my Google Disrespect for Privacy series.

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Google's Disrespect for Privacy Series

 

Part 1: Why Google is the Biggest Threat to Americans' Privacy; House Testimony [7-18-08]

NetCompetition Statement & Comments on FCC Open Internet Order Remand

 

FOR IMMEDIATE RELEASE                                           

July 11, 2014

Contact:  Scott Cleland 703-217-2407

 

 

Broadband Reclassification is a Problem Pretending to be a Solution; & Un-supported by the Facts, Unjustified on the Merits, & Unwise Given FCC’s Record of Title II Failures

Networks Aren’t Free; Businesses Pay for Electricity, Water, Gas, Transport & Delivery

Why Handcuff the Next EC with a Bad Five-Year Google Deal? – An Open Letter to EC Commissioners

Dear European Commission Official,

Perversely the proposed EC-Google Settlement would restrict the next EC much more than it would restrict Google.

The special Google deal would handcuff EC President-Designate Juncker’s #1 priorityto create a digital single market for consumers and businesses” and “to break down national silos… in data protection… and in competition law.”

The deal would protect Google’s current de facto digital single market from significant new EC digital competition for five years, because the deal would require the EC to shut down its Google search investigation for a five-year period.

Interconnection is Different for Internet than Railroads or Electricity – Part 55 FCC Open Internet Order Series

 

Some things are way too important to let slip by uncontested.

The FCC has asserted a foundational regulatory premise that warrants rebuttal and disproving, given that the FCC is considering if Internet access, and Internet backbone peering, should be regulated like a utility under Title II telephone common carrier regulation.

In an important speech on Internet interconnection last month to the Progressive Policy Institute, the very able and experienced Ruth Milkman, Chairman Tom Wheeler’s Chief of Staff, asserted that “communications networks are no different” than railroad and electricity networks when it comes to interconnection. “… At bottom… the fact is that a network without connections and interconnections is one that simply doesn’t work. Disconnected networks do not serve the public interest.”

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Q&A One Pager Debunking Net Neutrality Myths