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Paul Merrell

Trump Declares War On Silicon Valley: DoJ Launches Google Anti-Monopoly Probe | Zero Hedge - 0 views

  • Just before midnight on Friday, at the close of what was a hectic month for markets, WSJ dropped a bombshell of a story: The paper reported that the DoJ has opened an anti-trust investigation of Alphabet Inc., which could "present a major new layer of regulatory scrutiny for the search giant, according to people familiar with the matter." The report was sourced to "people familiar with the matter," but was swiftly corroborated by the New York Times, Bloomberg and others. For months now, the FTC has appeared to be gearing up for a showdown with big tech. The agency - which shares anti-trust authority with the DoJ - has created a new commission that could help undo big-tech tie-ups like Facebook's acquisition of Instagram, and hired lawyers who have advanced new anti-monopoly theories that would help justify the breakup of companies like Amazon. But as it turns out, the Trump administration's first salvo against big tech didn't come from the FTC; instead, this responsibility has been delegated to the DoJ, which has reportedly been tasked with supervising the investigation into Google. That's not super surprising, since the FTC already had its chance to nail Google with an anti-monopoly probe back in 2013. But the agency came up short. From what we can tell, it appears the administration will divvy up responsibility for any future anti-trust investigations between the two agencies, which means the FTC - which is already reportedly preparing to levy a massive fine against Facebook - could end up taking the lead in those cases.
  • Though WSJ didn't specify which aspects of Google's business might come under the microscope, a string of multi-billion-euro fines recently levied by the EU might offer some guidance. The bloc's anti-trust authority, which has been far more eager to take on American tech giants than its American counterpart (for reasons that should be obvious to all), has fined Google over its practice of bundling software with its standard Android license, the way its search engine rankings favor its own product listings, and ways it has harmed competition in the digital advertising market. During the height of the controversy over big tech's abuses of sensitive user data last year, the Verge published a story speculating about how the monopolistic tendencies of each of the dominant Silicon Valley tech giants could be remedied. For Google, the Verge argued, the best remedy would be a ban on acquisitions - a strategy that has been bandied about in Congress.
Paul Merrell

News from The Associated Press - 0 views

  • (AP) -- Federal regulators are urging consumers to go through their phone bills line by line after they accused T-Mobile US of wrongly charging customers for premium services, like horoscope texts and quirky ringtones, the customers never authorized. The Federal Trade Commission announced Tuesday that it is suing T-Mobile in a federal court in Seattle with the goal of making sure every unfairly charged customer sees a full refund. The lawsuit, the first of its kind against a mobile provider, is the result of months of stalled negotiations with T-Mobile, which says it is already offering refunds. "It's wrong for a company like T-Mobile to profit from scams against its customers when there were clear warning signs the charges it was imposing were fraudulent," FTC Chair Edith Ramirez in a statement.
  • The practice is called "cramming": A third party stuffs a customer's bill with bogus charges such as $10-per-month horoscopes or updates on celebrity gossip. In this case, the FTC said, T-Mobile was working with third-party vendors being investigated by regulators and known to be the subject of numerous customer complaints. T-Mobile then made it difficult for customers to notice the added charge to their bill and pocketed up to 40 percent of the total, according to the FTC.
  • The FTC told reporters in a conference call Tuesday that it had been in negotiations with T-Mobile for months in an attempt to guarantee refunds would be provided to customers but that the two sides couldn't reach an agreement. T-Mobile appears to have been laying the groundwork to head off the federal complaint. Last November, the company announced that it would no longer allow premium text services because they were waning in popularity and not all vendors had acted responsibly. In June, it announced it would reach out to consumers to provide refunds. But the FTC says that in many cases, the refunds are only partial and T-Mobile often refers customer complaints to the third-party vendors.
Paul Merrell

U.S. looking at ways to hold Zuckerberg accountable for Facebook's problems - 0 views

  • Federal regulators are discussing whether and how to hold Facebook Chief Executive Mark Zuckerberg personally accountable for the company's history of mismanaging users' private data, two sources familiar with the discussions told NBC News on Thursday.The sources wouldn't elaborate on what measures are specifically under consideration. The Washington Post, which first reported the development, reported that regulators were exploring increased oversight of Zuckerberg's leadership.While Facebook has come under scrutiny for its privacy practices for years, both of the Democratic members of the FTC have said the agency should target individual executives when appropriate.Justin Brookman, a former policy director for technology research at the Federal Trade Commission, or FTC, said Thursday night that while the FTC can name individual company leaders if they directed, controlled and knew about any wrongdoing, "they typically only use that authority in fraud-like cases, so far as I can tell."
Paul Merrell

Facebook in talks with US watchdog to settle privacy investigation | Financial Times - 0 views

  • Facebook is in early talks with the US Federal Trade Commission over settling an investigation into privacy violations that could result in a record fine for the technology company, according to several people familiar with the situation. The US watchdog is investigating whether the social network broke a consent order that it signed with the FTC in 2011, which required it to be clear with users about how their data were being shared with third parties.According to two people familiar with the talks, negotiations over a settlement have started although no monetary figure has been agreed.The FTC opened its investigation into the social network’s privacy practices in March last year following the Cambridge Analytica scandal, in which the data of 87m users was improperly accessed by a third party. David Vladeck, a former FTC director who oversaw the 2011 agreement with Facebook, said he expected a major financial penalty. “I think it’s highly unlikely the FTC would impose a civil penalty under a billion dollars,” he said.
Paul Merrell

Facebook to pay $5bn fine as regulator settles Cambridge Analytica complaint | Technolo... - 0 views

  • Facebook will pay a record $5bn (£4bn) penalty in the US for “deceiving” users about their ability to keep personal information private, after a year-long investigation into the Cambridge Analytica data breach. The Federal Trade Commission (FTC), the US consumer regulator, also announced a lawsuit against Cambridge Analytica and proposed settlements with the data analysis firm’s former chief executive Alexander Nix and its app developer Aleksandr Kogan. The $5bn fine for Facebook dwarfs the previous record for the largest fine handed down by the FTC for violation of consumers’ privacy, which was a $275m penalty for consumer credit agency Equifax.
Paul Merrell

Facebook Setting Aside Up To $5 Billion For Privacy Violations : NPR - 0 views

  • Facebook expects to pay a fine of up to $5 billion in a settlement with federal regulators. The tech giant disclosed that figure in its first-quarter 2019 financial results. Facebook has been in negotiations with the Federal Trade Commission following concerns that the company violated a 2011 consent decree. Back then, company leaders promised to give consumers "clear and prominent notice" when sharing their data with others and to get "express consent."
  • But, experts say, Facebook broke its promise. Just one example: giving user data to Cambridge Analytica, the political consulting firm that did work for the 2016 Trump campaign. Facebook estimates the fine will be in the $3 billion to $5 billion range and has set aside $3 billion for payment. "The matter remains unresolved, and there can be no assurance as to the timing or the terms of any final outcome," the company's statement says.
Paul Merrell

Facebook probe by U.S. states expands to 47 attorneys general - Reuters - 0 views

  • A New York-led probe into allegations that Facebook Inc put consumer data at risk and pushed up advertising rates has expanded to include attorneys general from 47 U.S. states and territories, New York Attorney General Letitia James said in a statement on Tuesday.
  • The investigation of Facebook announced in September had included Colorado, Florida, Iowa, Nebraska, North Carolina, Ohio, Tennessee and the District of Columbia. It now includes most U.S. states as well as the U.S. territory of Guam.
  • Some states, particularly New York and Nebraska, have raised concerns that Facebook and other big tech companies engage in anti-competitive practices, expose consumer data to potential data theft and push up advertising prices.
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  • The Facebook investigations are part of a larger landscape of probes of big tech firms. Reuters and others reported in June that the Justice Department and FTC had divided responsibility for the companies being investigated, with the Justice Department taking on Alphabet Inc’s Google and Apple Inc while the FTC looked into Facebook and Amazon.com Inc. The Justice Department later said it was opening a probe of online platforms, which would include Facebook.
Paul Merrell

U.S. vs. Facebook: A Playbook for SEC, DOJ and EDNY - 0 views

  • Six4Three recently published a playbook for the FTC to get to the bottom of Facebook’s secretive deals selling user data without privacy controls. In light of The New York Times article reporting multiple criminal investigations into Facebook surrounding these secretive deals, we’re publishing the playbook for criminal investigators.Perhaps the most important recognition at the outset is that the secretive deals that have been reported, whether those with a handful of device manufacturers or with 150 large technology companies, are just the tip of the iceberg. Those secretive deals handing over user data in exchange for gobs of cash were merely part and parcel of a much broader illegal scheme that begins with Facebook’s transition to mobile in 2012 and continues to this very day. We believe this illegal scheme amounts to a clear RICO violation. The United Kingdom Parliament agrees. Here’s how criminal investigators can overcome Facebook’s incredibly effective concealment campaign and bring a viable RICO case.Facebook’s pattern of racketeering activity is a play in three acts from at least 2012 to present. The first act is all about the desperation resulting from the collapse of Facebook’s desktop advertising business right around its IPO and the various securities violations that resulted. The second act is about covering up those securities violations by illegally building its mobile advertising business via extortion and wire fraud in order to close the gap in Facebook’s revenue projections before the world took notice, which likely resulted in additional securities violations. The third act is about covering up the extortion and wire fraud by lying to government officials investigating Facebook while continuing to effectuate the scheme. We are still in the third act.For almost a decade now Facebook has been covering up one illegal act with another in order to hide how it managed to ramp up its mobile advertising business faster than any other business in the history of capitalism. The abuses of Facebook’s data, from Russian interference in the 2016 election to Cambridge Analytica and Brexit, all stem in substantial part from the decisions Facebook knowingly, willfully and maliciously made to facilitate this criminal conspiracy. Put simply, Facebook’s transition to mobile destabilized the world.
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    This is so reminiscent of Microsoft tactics at the point that antitrust regulators stepped in.
Paul Merrell

Christine A. Varney to Participate in Eighth Annual International Competition Network C... - 0 views

  • Christine A. Varney, Assistant Attorney General in charge of the Department's Antitrust Division, will participate in the eighth annual International Competition Network (ICN) conference in Zurich, Switzerland, from June 3-5, 2009. At the conference, senior government antitrust officials, private-sector antitrust experts from around the world, and representatives from intergovernmental organizations will meet to discuss competition issues.
  • The ICN conference will focus on the recent accomplishments of its five substantive working groups which address: unilateral conduct, mergers, cartels, advocacy and competition policy implementation. Conference panels will include discussions on proposed Recommended Practices for Substantive Merger Analysis and the analysis of tying and discounting arrangements, and will promote the general exchange of views regarding competition law and policy among the participants. Members also will finalize work programs for the coming year.
  • In October 2001, the Department of Justice and the Federal Trade Commission (FTC) joined with antitrust agencies from 13 other jurisdictions around the world (Australia, Canada, the European Union, France, Germany, Israel, Italy, Japan, Korea, Mexico, South Africa, the United Kingdom and Zambia) to create the ICN. The ICN now includes 107 member agencies from 96 jurisdictions. The goal of the ICN is to provide a forum for antitrust agencies to address antitrust enforcement and policy issues of common interest and formulate proposals for procedural and substantive convergence through a results-oriented agenda and structure.
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    Look for more Obama Administration antitrust policy announcements to flow from the June 3-5 conference announced here. This is the annual conference where antitrust policy changes can be announced to all competition regulators globally. The Obama Administration will not waste that opportunity.
Paul Merrell

California's Attorney General joins the long list of people who have had it with Facebo... - 0 views

  • California’s attorney general has gone to court to force Facebook to hand over documents as part of an investigation into the company. Xavier Becerra filed a “petition to enforce investigative subpoena” with the Superior Court of California in San Francisco on Wednesday morning, arguing that Facebook’s response to his subpoenas has been “patently inadequate.” Citing a “lack of cooperation” not just with his office but also the Federal Trade Commission (FTC), Xavier Becerra points out [PDF] that it took Facebook a year to respond to his initial inquiry to produce documents relating to the Cambridge Analytica scandal, where Facebook allowed a third party to access vast amounts of personal information through its systems.
  • Not only that but Facebook flat out refused to “search communications involving senior executives,” meaning that it refused to search for relevant information in the emails and other communications of CEO Mark Zuckerberg and COO Sheryl Sandberg, among others. “Facebook is not just continuing to drag its feet, it is failing to comply with lawfully issued subpoenas and interrogatories,” the filing states.
  • The filing comes the same day that 7,000 pages of internal Facebook files were published online. Those documents were obtained and leaked amid a lawsuit between Facebook and a third-party app developer and were labelled as “highly confidential” by the antisocial network. The main upshot of those files is that they show Facebook used the data it gathered on millions of its users as a business weapon: it provided people's profile information to companies that, for instance, agreed to spend hundreds of thousands of dollars on adverts within Facebook, and it cut off developers that posed a competitive threat to its ever-growing stable of companies and services (or developers that wouldn't pay up, or were just too sketchy for the internet giant.) This confirms earlier reporting. CEO Zuckerberg also continues to avoid visiting London, or anywhere in the UK, out of fear he will be arrested for repeatedly failing to comply with a request by Parliament to answer questions about Facebook’s actions, as revealed in the tranche of documents.
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