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Paul Merrell

States to launch antitrust investigation into big tech companies, reports say | TechCrunch - 2 views

  • The state attorneys in more than a dozen states are preparing to begin an antitrust investigation of the tech giants, The Wall Street Journal and The New York Times reported Monday, putting the spotlight on an industry that is already facing federal scrutiny.The bipartisan group of attorneys from as many as 20 states is expected to formally launch a probe as soon as next month to assess whether tech companies are using their dominant market position to hurt competition, the WSJ reported.If true, the move follows the Department of Justice, which last month announced its own antitrust review of how online platforms scaled to their gigantic sizes and whether they are using their power to curb competition and stifle innovation. Earlier this year, the Federal Trade Commission formed a task force to monitor competition among tech platforms.
Paul Merrell

Is Apple an Illegal Monopoly? | OneZero - 0 views

  • That’s not a bug. It’s a function of Apple policy. With some exceptions, the company doesn’t let users pay app makers directly for their apps or digital services. They can only pay Apple, which takes a 30% cut of all revenue and then passes 70% to the developer. (For subscription services, which account for the majority of App Store revenues, that 30% cut drops to 15% after the first year.) To tighten its grip, Apple prohibits the affected apps from even telling users how they can pay their creators directly.In 2018, unwilling to continue paying the “Apple tax,” Netflix followed Spotify and Amazon’s Kindle books app in pulling in-app purchases from its iOS app. Users must now sign up elsewhere, such as on the company’s website, in order for the app to become usable. Of course, these brands are big enough to expect that many users will seek them out anyway.
  • Smaller app developers, meanwhile, have little choice but to play by Apple’s rules. That’s true even when they’re competing with Apple’s own apps, which pay no such fees and often enjoy deeper access to users’ devices and information.Now, a handful of developers are speaking out about it — and government regulators are beginning to listen. David Heinemeier Hansson, the co-founder of the project management software company Basecamp, told members of the U.S. House antitrust subcommittee in January that navigating the App Store’s fees, rules, and review processes can feel like a “Kafka-esque nightmare.”One of the world’s most beloved companies, Apple has long enjoyed a reputation for user-friendly products, and it has cultivated an image as a high-minded protector of users’ privacy. The App Store, launched in 2008, stands as one of its most underrated inventions; it has powered the success of the iPhone—perhaps the most profitable product in human history. The concept was that Apple and developers could share in one another’s success with the iPhone user as the ultimate beneficiary.
  • But critics say that gauzy success tale belies the reality of a company that now wields its enormous market power to bully, extort, and sometimes even destroy rivals and business partners alike. The iOS App Store, in their telling, is a case study in anti-competitive corporate behavior. And they’re fighting to change that — by breaking its choke hold on the Apple ecosystem.
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  • Whether Apple customers have a real choice in mobile platforms, once they’ve bought into the company’s ecosystem, is another question. In theory, they could trade in their pricey hardware for devices that run Android, which offers equivalents of many iOS features and apps. In reality, Apple has built its empire on customer lock-in: making its own gadgets and services work seamlessly with one another, but not with those of rival companies. Tasks as simple as texting your friends can become a migraine-inducing mess when you switch from iOS to Android. The more Apple products you buy, the more onerous it becomes to abandon ship.
  • The case against Apple goes beyond iOS. At a time when Apple is trying to reinvent itself as a services company to offset plateauing hardware sales — pushing subscriptions to Apple Music, Apple TV+, Apple News+, and Apple Arcade, as well as its own credit card — the antitrust concerns are growing more urgent. Once a theoretical debate, the question of whether its App Store constitutes an illegal monopoly is now being actively litigated on multiple fronts.
  • The company faces an antitrust lawsuit from consumers; a separate antitrust lawsuit from developers; a formal antitrust complaint from Spotify in the European Union; investigations by the Federal Trade Commission and the Department of Justice; and an inquiry by the antitrust subcommittee of the U.S House of Representatives. At stake are not only Apple’s profits, but the future of mobile software.Apple insists that it isn’t a monopoly, and that it strives to make the app store a fair and level playing field even as its own apps compete on that field. But in the face of unprecedented scrutiny, there are signs that the famously stubborn company may be feeling the pressure to prove it.
  • Tile is hardly alone in its grievances. Apple’s penchant for copying key features of third-party apps and integrating them into its operating system is so well-known among developers that it has a name: “Sherlocking.” It’s a reference to the time—in the early 2000s—when Apple kneecapped a popular third-party web-search interface for Mac OS X, called Watson. Apple built virtually all of Watson’s functionality into its own feature, called Sherlock.In a 2006 blog post, Watson’s developer, Karelia Software, recalled how Apple’s then-CEO Steve Jobs responded when they complained about the company’s 2002 power play. “Here’s how I see it,” Jobs said, according to Karelia founder Dan Wood’s loose paraphrase. “You know those handcars, the little machines that people stand on and pump to move along on the train tracks? That’s Karelia. Apple is the steam train that owns the tracks.”From an antitrust standpoint, the metaphor is almost too perfect. It was the monopoly power of railroads in the late 19th century — and their ability to make or break the businesses that used their tracks — that spurred the first U.S. antitrust regulations.There’s another Jobs quote that’s relevant here. Referencing Picasso’s famous saying, “Good artists copy, great artists steal,” Jobs said of Apple in 2006. “We have always been shameless about stealing great ideas.” Company executives later tried to finesse the quote’s semantics, but there’s no denying that much of iOS today is built on ideas that were not originally Apple’s.
Paul Merrell

Barr Ignores Lawyers' Calls to Go Slow on Google Antitrust Case - The New York Times - 0 views

  • The Justice Department plans to bring an antitrust case against Google as soon as this month, after Attorney General William P. Barr overruled career lawyers who said they needed more time to build a strong case against one of the world’s wealthiest, most formidable technology companies, according to five people briefed on internal department conversations.Justice Department officials told lawyers involved in the antitrust inquiry into Alphabet, the parent company of Google and YouTube, to wrap up their work by the end of September, according to three of the people. Most of the 40-odd lawyers who had been working on the investigation opposed the deadline. Some said they would not sign the complaint, and several of them left the case this summer.Some argued this summer in a memo that ran hundreds of pages that they could bring a strong case but needed more time, according to people who described the document. Disagreement persisted among the team over how broad the complaint should be and what Google could do to resolve the problems the government uncovered. The lawyers viewed the deadline as arbitrary.While there were disagreements about tactics, career lawyers also expressed concerns that Mr. Barr wanted to announce the case in September to take credit for action against a powerful tech company under the Trump administration.
Paul Merrell

Russian court slaps Google, Meta with massive fines - Taipei Times - 1 views

  • A Moscow court on Friday slapped Google with a nearly US$100 million fine and also fined Facebook Inc’s parent company Meta Platforms Inc US$27 million over their failure to delete content banned by local law, as Russia seeks to step up pressure on technology giants. The Tagansky District Court ruled that Google repeatedly neglected to remove the banned content, and ordered the company to pay an administrative fine of 7.2 billion rubles (US$97.7 million).
  • Later on Friday, the court also slapped a fine of nearly 2 billion rubles on Meta for failure to remove banned content. Russian courts had this year imposed smaller fines on Google, Facebook and Twitter Inc, and Friday’s rulings were the first time that the size of the fines were calculated based on revenue. Russian state communications watchdog Roskomnadzor said that Google and Meta were specifically accused of contravening a ban on distributing content that promotes extremist ideology, insults religious beliefs and encourages dangerous behavior by minors, among other things.
Paul Merrell

Whistleblower: Twitter misled investors, FTC and underplayed spam issues - Washington Post - 0 views

  • Twitter executives deceived federal regulators and the company’s own board of directors about “extreme, egregious deficiencies” in its defenses against hackers, as well as its meager efforts to fight spam, according to an explosive whistleblower complaint from its former security chief.The complaint from former head of security Peiter Zatko, a widely admired hacker known as “Mudge,” depicts Twitter as a chaotic and rudderless company beset by infighting, unable to properly protect its 238 million daily users including government agencies, heads of state and other influential public figures.Among the most serious accusations in the complaint, a copy of which was obtained by The Washington Post, is that Twitter violated the terms of an 11-year-old settlement with the Federal Trade Commission by falsely claiming that it had a solid security plan. Zatko’s complaint alleges he had warned colleagues that half the company’s servers were running out-of-date and vulnerable software and that executives withheld dire facts about the number of breaches and lack of protection for user data, instead presenting directors with rosy charts measuring unimportant changes.The complaint — filed last month with the Securities and Exchange Commission and the Department of Justice, as well as the FTC — says thousands of employees still had wide-ranging and poorly tracked internal access to core company software, a situation that for years had led to embarrassing hacks, including the commandeering of accounts held by such high-profile users as Elon Musk and former presidents Barack Obama and Donald Trump.
Paul Merrell

Facebook's Marketplace Faces Antitrust Probes in EU, U.K. - WSJ - 1 views

  • The European Union and the U.K. opened formal antitrust investigations into Facebook Inc.’s FB -0.86% classified-ads service Marketplace, ramping up regulatory scrutiny for the company in Europe. Both the European Commission—the EU’s top antitrust enforcer—and the U.K.’s Competition and Markets Authority said Friday they are investigating whether Facebook repurposes data it gathers from advertisers who buy ads in order to give illegal advantages to its own services, including its Marketplace online flea market. The U.K. added that it is also investigating whether Facebook uses advertiser data to give similar advantages to its online-dating service. The two competition watchdogs said they would coordinate their investigations.
  • Separately on Friday, Germany’s competition regulator announced that it is opening an investigation into Google’s News Showcase, in which the tech company pays to license certain content from news publishers. That probe, which is based on new powers Germany had granted the regulator, will look among other things at whether Google is imposing unfair conditions on publishers and how it selects participants, the Federal Cartel Office said.
  • The three newly opened cases are part of a new wave of antitrust enforcement in Europe. The European Commission filed formal charges last month against Apple Inc. for allegedly abusing its control over the distribution of music-streaming apps, including Spotify Technology SA . In November, it filed formal charges against Amazon.com Inc. for allegedly using nonpublic data it gathers from third-party sellers to unfairly compete against them. Both companies denied wrongdoing. At the same time, the U.K.’s CMA has opened investigations into Google’s announcement that it will retire third-party cookies, a technology advertisers use to track web users, and whether Apple imposes anticompetitive conditions on some app developers, including the use of Apple’s in-app payment system, which is also the subject of a lawsuit in the U.S. In the EU, the European Commission has been investigating Facebook for more than a year on multiple fronts. Facebook and the Commission have squabbled over access to internal documents as part of those investigations.
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  • New York State Attorney General Letitia James outlined in December a sweeping antitrust suit against Facebook by the Federal Trade Commission and a bipartisan group of 46 state attorneys general, targeting the company’s tactics against competitors. Photo: Saul Loeb/AFP via Getty Images (Video from 12/9/20)
Paul Merrell

Cyberstalking, pig masks, and cockroaches: Former eBay execs are sentenced - 0 views

  • The former Senior Director of Safety & Security at eBay, and the company’s former Director of Global Resiliency, have been sentenced to prison for their roles in a cyberstalking campaign. The targets of the campaign were the editor and publisher of a newsletter that eBay executives viewed as critical of the company.
  • For those that missed the reason for these sentences, we’ll need a quick rewind to 2019. Many see this letter by a hedge fund demanding better results from eBay as a direct cause for what followed. The letter caused some stress among eBay management, and for some reason they saw the negative reviews by EcommerceBytes as an obstacle that was holding their desired success back. EcommerceBytes was and is a resource for sellers on a number of platforms that enable users to sell items online. The website was set up by a couple that were both e-commerce bloggers. The eBay management team at the time was very unhappy with the criticism it got on the site. A third victim of their attention was the handler of a Twitter account named Fidomaster.
  • It was not that EcommerceBytes focused on ebay. Lots of similar companies featured in its e-commerce newsletter. Only the eBay employees felt the need to act and tried to silence them. A campaign was launched by eBay’s staff to harass and threaten the critics. This campaign featured packages being sent containing cockroaches, a bloody pig mask and pornography, death threats, physical surveillance, and late-night pizza deliveries. A full recount of what they had to go through makes for a gruesome read.
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  • Together with five other employees, the two staff members and the chief communications officer were fired in 2020, after eBay hired a law firm to investigate the harassment. The US Department of Justice charged seven of the former ebay employees and contractors with conspiracy to commit cyberstalking and conspiracy to tamper with witnesses. They all pleaded guilty. The only two that were arrested at the time were the executives that have now been sentenced. One of their former co-conspirators was sentenced in July 2021 to 18 months in prison, while four others are awaiting sentencing.
  • The former senior director of safety and security was sentenced to 57 months in prison and two years of supervised release. He was also ordered to pay a fine of $40,000. The former director of global resiliency was sentenced to two years in prison and two years of supervised release. He was also ordered to pay a fine of $20,000.
Paul Merrell

Big Tech companies appeal to Supreme Court to strike down Texas law banning political c... - 0 views

  • Facebook and Google are among multiple Big Tech companies seeking to have Texas’ new law banning political censorship on social media axed by the Supreme Court. According to The Washington Post, advocacy groups NetChoice and the Computer & Communications Industry Association (CCIA) filed an emergency application with the U.S. Supreme Court on Friday on behalf of Facebook, Google and other Big Tech companies, with the intention of striking down the new Texas law that prohibits censorship based on political ideology on social media. In a statement about the emergency filing, NetChoice counsel Chris Marchese argues that the Texas law, which went into effect last Wednesday, “strips private online businesses of their speech rights, forbids them from making constitutionally protected editorial decisions, and forces them to publish and promote objectionable content.”
  • “Left standing, [the Texas law] will turn the First Amendment on its head — to violate free speech, the government need only claim to be ‘protecting’ it,” Marchese added. Under the law, Texas residents and the state’s attorney general would be permitted to sue social media companies based in the United States if they believe their social media accounts were censored based on their political views. While the law was initially blocked by a federal district judge after it was signed last September by Texas Gov. Greg Abbot, the injunction was ultimately lifted by an appeals court last Wednesday. Big Tech companies have been consistently charged with weaponizing their “Terms of Service” agreements with users in an effort to ban or censor those expressing traditionally conservative or right-wing views on their extremely large and influential platforms.
Paul Merrell

2 million people-and some dead ones-were impersonated in net neutrality comments | Ars ... - 1 views

  • An analysis of public comments on the FCC's plan to repeal net neutrality rules found that 2 million of them were filed using stolen identities. That's according to New York Attorney General Eric Schneiderman. "Millions of fake comments have corrupted the FCC public process—including two million that stole the identities of real people, a crime under New York law," Schneiderman said in an announcement today. "Yet the FCC is moving full steam ahead with a vote based on this corrupted process, while refusing to cooperate with an investigation."
  • Some comments were submitted under the names of dead people. "My LATE husband's name was fraudulently used after a valiant battle with cancer," one person told the AG's office. "This unlawful act adds to my pain that someone would violate his good name." Schneiderman set up a website where people can search the FCC comments for their names to determine if they've been impersonated. So far, "over 5,000 people have filed reports with the Attorney General's office regarding identities used to submit fake comments," the AG's announcement said.
  • While the 5,000 reports provide anecdotal evidence, the AG's office performed an analysis of the 23 million public comments in order to figure out how many were submitted under falsely assumed identities. Many comments for and against net neutrality rules are identical because advocacy groups urged people to sign form letters, so the text of a comment alone isn't enough to determine if it was submitted by a real person. The AG's office thus examined comment text along with other factors, such as whether names matched lists of stolen identities from known data breaches. Schneiderman's office also told Ars that it looked into whether or not the submission of comments was in alphabetical order, one after another, in short time periods. In general, analysis of formatting and metadata played a role in the analysis. The number of comments believed to be fake has grown as the A.G.'s investigation continues, and it isn't done yet. Schneiderman's office is still analyzing the public comments. We asked Schneiderman's office how many of the fake comments supported net neutrality rules, and how many opposed them, but were told that the information was not available. While fake comments used names and addresses of people from across the nation, more than "100,000 comments per state" came "from New York, Florida, Texas, and California," Schneiderman's announcement said.
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