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Submitted by Scott Cleland on Tue, 2014-10-14 22:30
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.
Submitted by Scott Cleland on Sun, 2014-10-05 22:40
Rep. Henry Waxman, Ranking Member of the House Energy and Commerce Committee, wrote the FCC to propose that the FCC, in its pending Open Internet order remand, “reclassif[y] broadband providers as telecommunications services and then using the modern [Title I] authority of section 706 to set bright-line rules to prevent blocking, throttling, and paid prioritization.”
Submitted by Scott Cleland on Fri, 2014-10-03 09:45
Submitted by Scott Cleland on Wed, 2014-10-01 10:37
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?
Submitted by Scott Cleland on Thu, 2014-09-25 10:33
[Note: Please find “Google’s WorldWideWatch over the WorldWideWeb” White Paper -- here.]
The European Commission’s 28-month-old Google search Statement of Objections is out of date and myopic.
What’s changed since the May 2012 EC-Google search settlement baseline?
Google has extended its May 2012 billion-user search dominance, into three newly billion-user dominant platforms (mobile, video, and maps), resulting in new competition complaints of abuse of dominance and new potential EC investigations – with Google’s abuse of its data dominance a common thread.
Snowden’s NSA-revelations have changed everyone’s awareness of Internet surveillance and the vulnerability of personal data, contributing to the passage of much stronger data-protection legislation by the European Parliament and to a European High Court ruling on Europeans’ right to be forgotten.
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 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.”