Google-AdMob: An FTC Antitrust Enforcement Watershed — Lessons from Google-DoubleClick & EU

March 9, 2010 | Filed Under Budget, Business, Capitalism, Computers, Democrats/Leftists, Free Trade, Google, Government, Corruption, Inernet, Liberals, Net Neutrality, Scott Cleland, Technology | No Comments

-By Scott Cleland

Will the FTC strictly enforce antitrust laws in its review of Google’s AdMob acquisition? Google-Admob is a watershed decision for the FTC given that Google recently blew off the DOJ’s serious antitrust objections to the pending Google Book Settlement; The EU opened a preliminary investigation of antitrust complaints against Google from companies in the UK, France and Germany; and The DOJ had to play backstop to the FTC and block the Google-Yahoo Ad Agreement, less than a year after the FTC incorrectly assumed in their 4-1 approval of the Google-DoubleClick deal that Yahoo and others would provide sufficient competition to Google and Google acquiring DoubleClick would not “substantially lessen competition” or tip Google to a monopoly.

A recent New York Post article: “FTC inclined to approve Google’s acquisition of AdMob” states the deal “may just squeak by federal regulators.”

It’s pretty obvious the article’s source came from the Google camp and not the FTC, given the political nature of the source’s views: the FTC “will likely not rule until Obama nominees” are confirmed by the Senate, strongly implying that the:

Administration’s close political ties with Google would trump any career staff law enforcement findings of fact or the law and the lone FTC vote against the 4-1 Google-DoubleClick deal approval, Commissioner Jones-Harbor, will no longer be at the FTC.

Why is this Google spin on the FTC’s inclination likely false?
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Foundem FCC Filing Documents Google Search Network Discrimination; Window into EU-Google Antitrust Case

March 2, 2010 | Filed Under Budget, Capitalism, Computers, Free Trade, Google, Government, Corruption, Inernet, Liberals, Net Neutrality, Scott Cleland, Technology | No Comments

-By Scott Cleland

Foundem, a UK vertical search competitor to Google, documents serial anticompetitive discrimination on Google’s search network, in a data-driven filing to the FCC in the FCC’s Open Internet regulation proceeding.

It is logical that the data-driven analysis in Foundem’s public FCC filing is an integral part of Foundem’s antitrust case against Google, which Foundem recently submitted to the EU, but which has not been released yet.

Therefore, Foundem’s FCC filing may be the best publicly available window into what the EU investigation of Google’s anticompetitive practices entails.

In essence, the Foundem filing accuses Google of monopolistic self-dealing and bundling.
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Sam Adams Alliance: The Sammies April 16

February 22, 2010 | Filed Under Blogging, Computers, Government, Corruption, Illinois, Inernet, Sam Adams Alliance, State Government, Warner Todd Huston | No Comments

Sam Adams Alliance is proud to announce that we will be hosting the Sammies April 16, 2010, at the Chicago Cultural Center with special guest Andrew Breitbart.

The last year has been one of the most active and visible for citizen leaders who support free markets and individual liberty. Join us for dinner, drinks, and conversation as we honor the very best at our third-annual awards show in downtown Chicago. Purchase your tickets today: http://thesammies.com/attend/.

WHAT: The Sammies
WHEN: Friday, April 16, 2010
WHERE: The Chicago Cultural Center / 78 E. Washington Street, Chicago, IL
WHO: Andrew Breitbart, and all of this year’s Sammies winners

PURCHASE TICKETS: http://bit.ly/csL0YQ

How much should Google be subsidized?

February 22, 2010 | Filed Under Budget, Business, Computers, Economy/Finances, Free Trade, Google, Inernet, Net Neutrality, Scott Cleland, Taxes, Technology | No Comments

-By Scott Cleland

Pending FCC policy proposals in the National Broadband Plan and the Open Internet regulation proceeding would vastly expand the implicit multi-billion dollar subsidies Google already enjoys, as by far the largest user of Internet bandwidth and the smallest contributor to the Internet’s cost relative to its use.

Interestingly, the FCC’s largely Google-driven policy proposals effectively would:

  • Promote Google’s gold-plated, 1 Gigabit broadband vision for the National Broadband Plan at a time of trillion dollar Federal budget deficits;
  • Recommend a substantial expansion of public subisidies for broadband that would commercially benefit Google most without requiring Google to contribute its fair share to universal broadband service; and
  • Regulate the Internet for the first time in a way that would result in heavily subsidizing Google’s out-of-control bandwidth usage.

I. Does Google need more subsidies?

Google is one of the most-profitable, fastest-growing, cash-rich companies in the world, with over $10b in annual free cash flow, 17% revenue growth and ~$25b in cash on hand.
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FCC: Forced Access Uneconomics & Selective Math?

February 19, 2010 | Filed Under Budget, Business, Computers, Free Trade, Google, Inernet, Net Neutrality, Scott Cleland, Technology | No Comments

-By Scott Cleland

The FCC just signaled it is considering requiring forced access and more special access as part of its soon to be released National Broadband Plan.

Colin Crowell, a top aide to FCC Chairman Genachowski told Bloomberg that mandating that competitors lease their facilities to other competitors “has a lot of appeal as part of a national strategy” in order to help small businesses grow and aid job creation.
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FCC Reclassification is Eminent Domain, but with No Just Compensation or Authority

February 7, 2010 | Filed Under Budget, Computers, Democrats/Leftists, Free Trade, Google, Inernet, Net Neutrality, Scott Cleland, Technology | No Comments

-By Scott Cleland

At core the FCC’s contemplation of reclassifying, or effectively treating, unregulated broadband info services as regulated telecom services, would be tantamount to the FCC declaring “eminent domain” over private broadband providers, i.e. justifying a government takings of private property for public uses, but doing so “without just compensation” or any statutory authority.

The U.S. Constitution’s Fifth Amendment requires: “nor shall private property be taken for public use, without just compensation.”

A gaping missing element in all the FCC’s discussions of all the new “public uses” it envisions for broadband in its pending National Broadband Plan and its proposed preemptive Open Internet regulations is any consideration at all of the potential hundreds of billions of dollars of un-budgeted liability to the U.S. Treasury that could result from the takings of private network property without just compensation — at a time of skyrocketing trillion dollar Federal budget deficits and rapidly mounting public debt.

The FCC appears to be operating under the sweeping and heroic presumption that any prospective FCC regulatory action it may take here is essentially cost-free to the U.S. taxpayer and will be completely shouldered by broadband shareholders; in other words, the Fifth Amendment appears to be irrelevant to FCC decisionmaking.
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An Inside Look at Organizing for America Part II: ACORN for America?

February 2, 2010 | Filed Under ACORN, Andy Stern, Anita MonCrief, Barack Obama, Campaign Finance, Computers, Congress, Democracy, Democrats/Leftists, Elections, Government, Government, Corruption, Health, House of Representatives, Liberals, Lobbyists, Media Bias, SEIU, Senate, Socialism, Technology | No Comments

Part II of our inside look at Organizing for America was inspired by the investigative work done by Carol Greenberg Thank you Carol for getting involved and driving this story.

Anita MonCrief

-By Anita MonCrief

From a tiny acorn, a mighty oak can grow. With ACORN’s help, Barack Obama “grew” from an ACORN community organizer and instructor, to an ACORN lawyer and ACORN benefactor as a board member of donor organizations, to an ACORN-backed Illinois state senator, to ACORN’s favorite United States Senator, to ACORN’s candidate for President of the United States in 2008. This article shows how ACORN and its allies helped organize America to make Obama President in this, the computer age.

Barack Obama’s meteoric rise from rookie Senator to President had man marveling at the efficiency and breadth of his campaign. Obama’s ability to fund raise had seasoned experts playing catch up while his voter registration money machine operated in the background. In 2008, the New York Times explored a seemingly innocent tactic the Democrats were utilizing to elect Obama. The article stated several times that the Republicans had honed this technique and Democrats were just “borrowing the play.”

“For years, Republicans had the landscape to themselves. More recently, however, Democrats, along with such allies as trade unions and progressive groups, have poured millions of dollars into building two formidable databanks. One is managed by the Democratic National Committee and can be used by candidates up and down the ballot. The other is Catalist, a for-profit company headed by Harold M. Ickes, a Democratic political operative, that specializes in providing data for scores of liberal groups supporting the Democratic ticket as well as for the Obama campaign itself.”

Progressive organizations, trade unions and a for profit group run by someone who had been implicated in the radical Teamstergate saga of the 1990’s? The crack reporting of The Times glossed over this toxic mix, and the Obama machine kept running.
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A Warning on Electronic Voting

January 31, 2010 | Filed Under Computers, Crime, Democracy, Elections, Freedom, Government, Government, Corruption, Inernet, Journalism, Media Bias, Radio, Security/Safety, Society/Culture, Technology, The Law, Uncategorized, Vote Fraud, Warner Todd Huston | No Comments

(Publius Editor’s note: This is a fairly old report on the troubles with electronic voting so some of the links are no longer valid, but the work was pretty comprehensive so I thought some of it might be of interest to those worried about electronic voting. I had this sent to me by a reader and I told him I’d post it but I have been waiting to post this until we were close to the primary. Since it is only a few days away now, so here it is…)

Pandora’s Black Box, Did it Really Count Your Vote?
Relevance - November 1996 - Vol. III- No. V

Editor: Philip M. O’Halloran

[Editor's Note: When we began researching the integrity of the election process, we wanted to believe that the talk of "votescam" was just overblown hype. However, we have since discovered that the computer voting system in this country is a veritable can of worms, so open to tampering that if there is no organized election fraud going on, the criminals are falling down on the job.]

ELECTRONIC VOTING ON TRIAL

On November 5, 1996, millions of Americans voted by secret ballot for thousands of elected officials from the Presidency to the local dog catcher. What few realized is that a key aspect of the vote-counting was also done in secret. What’s more, they have been legally denied the right to find out precisely how their vote is counted.

How can this be? After all, everybody knows that each aspect of the vote-count is officially conducted by “the government under the microscopic scrutiny of thousands of party officials, anxious candidates, poll workers, curious voters and the media, right?
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What Would Revolutionize Wireless Service?

January 27, 2010 | Filed Under Computers, Inernet, Technology, Warner Todd Huston | No Comments

-By Warner Todd Huston

OK, I want a Blackberry, I’d love to have an iPhone, gimme a new iPad, I want…. well, whatever new, cool device out there. I want to try them, use them own them. Yet, there is no earthly reason why I’d buy them because I am not a millionaire. And it’s not because the devices themselves are too expensive, either. It’s because it costs too much to keep them operating. And why is that? Monthly fees.

If I get a Blackberry, I have a monthly fee. If I get a new iPad, then I have another fee. If I want an iPhone then there is a whole ‘nuther fee. Screw dat noize, man.

Here is the thing. Until wireless service can be sold to a customer, not a device, until the service follows the person and NOT the device, we will not be able to revolutionize America’s wireless service. There should be no service stuck to a device. It should be assigned to the person who can then key in his passcode and use his wireless service on ANY device that uses wireless.
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Unintended Consequences: Balkanizing the Internet

January 15, 2010 | Filed Under Business, Capitalism, Computers, Congress, Democrats/Leftists, Economy/Finances, Google, Inernet, Scott Cleland, Society/Culture, State Government, Taxes, Technology | No Comments

-By Scott Cleland

The big missing part of the policy debate over how to best ensure continuation of an open Internet, i.e. through existing policy or the FCC’s proposed preemptive regulations, is what makes the Internet universal?

The Internet is near universal because it is entirely voluntary. All of the Internet’s signature elements are voluntary, not mandated by government(s).

Internet Protocol (IP) is a networking protocol that became universal precisely because it offered the ability for everyone to communicate in basically the same “language.” No one was required to use/adopt IP; people voluntarily adopted it because it was better and offered the most universal networking opportunity. Moreover, the Internet Engineering Task Force (IETF), whose “mission is to make the Internet work better,” is an entirely voluntary collaborative process that functions outside of any government(s) control.

The Domain Name System (DNS), essentially the Internet’s address system, rapidly became universal precisely because people voluntarily recognized its essential value and adopted it. No country owns, controls or approves the Internet’s addresses; it’s a voluntary market process.
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Google’s Open Double Standard: Fact-Checking Google’s Treatise on “The meaning of open”

December 27, 2009 | Filed Under Budget, Business, Capitalism, Computers, Democrats/Leftists, Economy/Finances, Google, Government, Corruption, Inernet, Liberals, Net Neutrality, Scott Cleland, Technology | No Comments

-By Scott Cleland

Google posted its treatise on “The meaning of open” designed to redefine the word “open” in Google’s image. It is an important read because it is a bay window view into the altruistic way that Google yearns for the world to perceive it.

Like most all of Google’s PR, however, Google’s Treatise on “The meaning of open” may be “the truth” as Google sees it, but it is certainly not “the whole truth and nothing but the truth.”

I. Google’s Open Double Standard

Simply, Google is for “open” wherever it does not have a monopoly or dominant market position, however where it does, as in AdWords, AdSense and search advertising syndication, it is closed, to ensure that its dominance remains impregnable to competitors.
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Googleopoly V — Why the FTC Should Block Google-AdMob

December 22, 2009 | Filed Under Budget, Business, Capitalism, Communism, Computers, Congress, Democrats/Leftists, Economy/Finances, Google, Government, Corruption, Inernet, Liberals, Scott Cleland, Society/Culture, Taxes, Technology | No Comments

-By Scott Cleland

Below is the abstract of the latest white paper in my five-part “Googleopoly” series of antitrust white papers. The full white paper is at this link and at www.googleopoly.net.

 Googleopoly V* — Why the FTC Should Block Google-AdMob

The Top Ten Reasons Why Google-AdMob Would “Substantially Lessen Competition”

Abstract: A Google acquisition of AdMob would eliminate Google’s only substantial rival platform in mobile in-application advertising and catapult Google from an estimated 25% share to over 75% share of this strategic gatekeeper market for monetizing mobile Internet applications. Combined with Google’s search advertising monopoly and dominance of mobile search advertising, Google’s acquisition of AdMob, “the world’s largest mobile advertising marketplace,” would likely tip the broader mobile advertising marketplace from a competitive to a monopoly trajectory. In short, the AdMob acquisition threatens to foreclose competition and facilitate monopoly in a strategic gatekeeper market essential to the Internet economy, which would harm: consumers, developers, advertisers, publishers, smart-phone manufacturers, and broadband providers.
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Critical Gaps in FCC’s Proposed Open Internet Regulations

December 3, 2009 | Filed Under Budget, Business, Capitalism, Computers, Democrats/Leftists, Free Trade, Google, Government, Corruption, Inernet, Liberals, Net Neutrality, Scott Cleland, Society/Culture, Technology | No Comments

-By Scott Cleland

Like the FCC’s National Broadband Plan task force identified seven critical gaps in the path to the future of universal broadband, the FCC should resolve six identified “critical gaps” in the FCC’s proposed open Internet regulations before moving forward to regulate the Internet for the first time — by dictating Internet access pricing, terms and conditions or dictating what services which businesses can and cannot offer on the Internet.

Here are six critical gaps in the FCC’s proposed open Internet regulations:

Credibility Gap: The FCC isn’t “preserving,” but changing the Internet by regulating it for the first time.
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Is FCC Declaring ‘Open Season’ on Internet Freedom?

November 22, 2009 | Filed Under Barack Obama, Budget, Business, Cable, Computers, Congress, Democrats/Leftists, Economy/Finances, Google, Government, Corruption, House of Representatives, Inernet, Jobs, Liberals, Net Neutrality, Scott Cleland, Socialism, Taxes, Technology, The Law | No Comments

-By Scott Cleland

The FCC, in proposing to change the definition of an “open Internet” from competition-driven to government-driven is setting a very dangerous precedent, that it is acceptable for countries to preemptively regulate the Internet for what might happen in the future, even if they lack the legitimacy of constitutional or legal authority to do so, or even if there is the thinnest of justification or evidence to support it.

How can we ever hope to influence China, Iran and other undemocratic regimes to provide more Internet access and freedom to their citizens and businesses when our FCC is proposing a radical take back of existing Internet freedoms without legitimate authority or justification?

The grave mistake the FCC is making in the broader international context is claiming that private companies are the primary threat to Internet freedom and free speech, and not governments. History and common sense tell us only Governments have the effective coercive power to dictate real censorship.

The FCC is effectively declaring “open season” on well-established Internet freedoms.
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Google-AdMob’s Antitrust Problems

November 17, 2009 | Filed Under Budget, Business, Capitalism, Computers, Congress, Democrats/Leftists, Economy/Finances, Free Trade, Google, Government, Corruption, Inernet, Liberals, Scott Cleland, Socialism, Society/Culture, Technology | No Comments

-By Scott Cleland

Google’s acquisition of AdMob, “the world’s largest mobile advertising marketplace,” will receive serious antitrust scrutiny focused on whether the deal lessens competition by extending search advertising monopoly to mobile devices.

Expect the review process to be a magnet for a host of antitrust, competition, and privacy product/services concerns, much like the proposed Google Book settlement has been a magnet for antitrust, competition, and privacy content concerns.

First, Google is misleading with its blanket statement: “We don’t see any regulatory concerns with this deal.”

Not “any” concerns implies Google does not expect: any DOJ/FTC discussion over who reviews the deal; no second request for information; no CIDs (subpoenas); no hearings; or no serious competitor objections that authorities will have to explore. If that is true, why does Google say it could it take “several months” to close?
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Why Google Is Not Neutral

November 13, 2009 | Filed Under Anti-Americanism, Business, Cable, Capitalism, Computers, Congress, Economy/Finances, Entertainment, Free Trade, Google, Government, Corruption, Inernet, Liberals, Net Neutrality, Scott Cleland, Society/Culture, Taxes, Technology | 2 Comments

-By Scott Cleland

After discussing whether Google should buy The New York Times, Google decided against it because it “would damage its ‘neutral’ identity,” per Ken Auletta’s just-published book “Googled: The End of The World as We know It.”

Google has long claimed to be neutral. Their corporate philosophy statement claims: “We never manipulate rankings to put our partners higher in our search results and no one can buy better PageRank. Our users trust our objectivity and no short-term gain could ever justify breaching that trust.”

As the world-leading corporate proponent of an industrial policy to mandate net neutrality for all its potential broadband competitors in cloud computing, and as the beneficiary of “The Google Loophole” in the FCC’s proposed open Internet regulations (para 104), it is fair to stress test whether Google’s claim of a “neutral’ identity is true or just cleverly-executed PR.

Is Google Neutral?
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Apple App Store Says Mad Magazine Artist too Mean for Approval

November 10, 2009 | Filed Under Blogging, Business, Censorship, Computers, Humor, Inernet, Liberals, Technology, Warner Todd Huston | No Comments

-By Warner Todd Huston

I always knew that Mad Magazine was filled with ner-do-wells that will rot your brain and turn you into a big meanie. My teachers in school all told me so… and they were teachers so they must’ve been right. Now the Apple iPhone App store has finally seen the light of reason on this truism, too. Well, if the App Store didn’t deny Mad Magazine exactly, it did lower they kabosh on one of its nasty, mean-spirited artists, Tom Richmond, by denying his iPhone App registration. Serves him right, the troublemaker.

The good name of Apple computers will not be sullied by the rottenness, and all around anarchy of this no-account, Richmond, that’s for sure. And to assure that Apple will always stand for truth, justice and the American way, Richmond’s crummy little iPhone App has been denied. Take that forces of un-Americanness!

So, what was Richmond’s apostasy, you might wonder? Well, last year cartoonist Tom Richmond was asked to help with the graphic display of a proposed iPhone App that would connect the user with information on their representatives in Congress. It was to monstrously be titled the “Bobble Rep” App. The idea is that you’d key in the name of a congressman into your iPhone and his contact info would pop up on the screen. You’d get a little cartoon illustration of the congressman, his phone number, address and website.

“And,” You might ask? “So blinking what,” you might blurt out? Well, any casual look at these ultra mean, highly objectionable cartoons depicting a few of those well-born and delicate members of Congress will disabuse you of the notion that this iPhone App is anything but born of the devil.

Behold more of the blasphemy:
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D.C. Based Muslim Prays for ‘Recovery of Dr. Nidal Malik Hasan’ on FaceBook

November 7, 2009 | Filed Under Anti-Americanism, Barack Obama, Computers, Democrats/Leftists, Inernet, Islam, Islamofascism, Liberals, Religion, Security/Safety, Society/Culture, Technology, Terrorism, War on Terror, Warner Todd Huston | No Comments

-By Warner Todd Huston

I guess we shouldn’t be surprised, but a Washington D.C. based Muslim named Khadeeja Nuur has created a FaceBook Page offering prayers for the recovery of Fort Hood murderer Dr. Nidal Malik Hasan.

The page seems to have been started sometime before Friday at 3PM and she features this main message in her information section:

Together we pray for the recovery of Dr. Nidal Malik Hasan, MD. May Allah see fit to return this loyal son of Islam back to perfect health. Sallalahu Alayhi Wa Sallam.

Initially, it appears that a few Muslims celebrating Hasan’s evil actions were leaving messages in hopes that Hasan gets well, agreeing with his actions, or at the very least justifying them.

A Graal Reborn, for instance, leaves the message that, “killing is bad I agree but being forced to do somethnig [sic] you don’t want to do and being the minority standing up to the majority is respectable no matter who you are.” And Alex Gould wrote, “I pray to Allah that he may recover soon.” Later a fellow going by the name Abu Soleiman Al-nase wrote, “nidal malik is a brave mujahid,,he did jihad ,,he did kill the killers (american soldiers) that was going to iraq and afganistan [sic] to fight the islamic nation…my greeting and pray for him,,we will never forget you brother nidal.”
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How FCC Regulation Would Change the Internet

November 6, 2009 | Filed Under 1st Amendment, Business, Capitalism, Computers, Congress, Democrats/Leftists, Economy/Finances, Free Trade, Freedom, Google, Government, Corruption, Inernet, Liberals, Media Bias, Net Neutrality, Scott Cleland, Society/Culture, Taxes, Technology | No Comments

-By Scott Cleland

The FCC’s claims that their proposed net neutrality regulations would just “preserve” the open Internet are simply not true. The facts clearly state that the FCC’s proposed regulations would: Be a big change in FCC Internet policy; Implement big Internet policy changes without Congressional authorization; and Change the Internet in big ways. (The one-page PDF version of this post is here)

The FCC’s proposed net neutrality regs are a big change in FCC Internet policy; they would:

  • Replace the FCC’s voluntary net neutrality guidelines with mandated net neutrality regulations;
  • Selectively apply net neutrality regulations to only broadband and not to applications/content providers like the current principles do;
  • Add two completely new net neutrality principles that are not found in law or congressional policy:
  • Mandate the strictest non-discrimination requirement in the last 75 years;
  • Mandate public disclosure of detailed proprietary network management techniques for the first time;
  • Expand application of net neutrality to wireless and satellite broadband for the very first time;
  • Expand consumers access to content entitlement by adding entitlement to send/distribute content as well;
  • Redefine entitlement to competition in the current fourth principle, to favor resale competition over facilities-based competition;
  • Subject broadband companies to a new “Mother-may-I” FCC approval process for offering new managed services and for experimenting with new business models; and
  • Subordinate private standard-setting bodies, like the IETF, to new FCC omni-technical oversight/approval.

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Clueless Arizona GOP Heavies Demonizing Bloggers?

October 28, 2009 | Filed Under 1st Amendment, Blogging, Computers, Conservatives, GOP, Government, Corruption, Inernet, Republicans, State Government, Technology, Warner Todd Huston | 2 Comments

-By Warner Todd Huston

My friend Ken Marrero over at Blue Collar Muse has posted an interesting if not entirely infuriating story about GOP officials coming down on other officials and certain county employees for having the gall to talk to those eeeevil Arizona bloggers that have been doggedly reporting the corruption stories of county officials.

GOP officials of Maricopa County have been in a bit of trouble recently having been accused of wasteful spending, power grabs and criminal investigations. Marrero even notes that there is a Twitter feed used to needle these officials called CorruptAZSupes.

The barbs have been coming fast and furious and County Manager David Smith has decided to try and stop the bleeding. So, did Smith decide to clean up the Supervisor’s office? Nope. He’s decided to attack Republicans that have talked to the press and the bloggers. Classic shooting the messenger mistake.
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