Antitrust
EU Grills Facebook on Third-Party Apps, Google CEO ‘Maps’ the Future, Broadband Now Checks FCC Data

The European Union requested documents from Facebook to determine whether Facebook partially awarded users data to special third-party applications, The Wall Street Journal reports. This action comes in the wake of a $5 billion fine levied against the social media juggernaut by the Federal Trade Commission last summer, the largest fine on record by the agency.
The EU is specifically investigating two potential misdemeanors: Whether Facebook fooled users into giving up their rights to data and whether Facebook used the Israeli-app Onavo (which it purchased in 2013) to gather intelligence on competitors in order to choke out competition before it could grow.
The EU is requesting “internal emails, chat logs and presentations” in order to come to a decision on these charges. However, Facebooks lawyers rejected this request on the grounds that the order to produce these documents were too broad. The EU has rescinded the order but is expected to issue a more tightly defined order soon.
Google CEO talks up Maps, deflects on Justice Department investigation
Sundar Pichai, CEO of Google and its holding company Alphabet, is using billions of user data and artificial intelligence to revamp Google Maps functionality, according to an interview with Wired magazine on Wednesday by Lauren Goode.
Google is hoping to promote long-embedded but hidden features of the application like augmented reality that point a consumer to where he wants go and AI crowdsourcing of data to answer questions such as, “What’s the best pizza place in town?”
The interviewer also dug into Google’s advertising practices in light of the Justice Department’s apparently accelerating investigation into Google’s market dominance through the DoubleClick platform.
Pichai dodged a question about the current investigation and gingerly stated that the company will “constructively engage” with the feds.
Pichai was more gregarious in talking about Google’s use of AI to map the hills of Africa and render three-dimensional models of buildings on the Maps app. He also expressed excitement about Google’s development of its API to integrate Maps into apps that aren’t normally associated with mapping such as offering a navigator of a mall a “unique shopping experience.”
FCC data off by half, claims report by BroadbandNow
A new report by John Busby, Julia Tanberk and BroadbandNow shows that the amount of Americans without broadband is probably double what the FCC reports.
By referencing more than 11,000 addresses with “check availability” tools offered online by nine large ISPs, BroadbandNow found that 13 percent, or 42 million Americans, are without access to wired or fixed wireless broadband
The FCC’s most recent Broadband Deployment Report puts that figure at 6.5 percent, or 21.3 million Americans.
The report highlighted how overreporting disproportionately affects rural communities. The organization used South Carolina as an example, where 50 percent of residents live in an urban area and unserved addresses are 30 percent higher than FCC estimates. They compared that to Arizona, where 90 percent of residents live in an urban area and unserved addresses are 11 percent higher.
The report also addressed solutions like how policymakers could collect better data. The authors stressed that to achieve this, the FCC should operate on address-level availability for the sake of transparency. It also insisted that the FCC reporting be “more timely” as it usually takes the agency 12-18 months to publish its report after ISPs self-report.
Antitrust
Panel Disagrees on Antitrust Bills’ Promotion of Competition
Panelists disagree on the effects of two antitrust bills intended to promote competition.

WASHINGTON, March 10, 2023 – In a fiery debate Thursday, panelists at Broadband Breakfast’s Big Tech and Speech Summit disagreed on the effect of bills intended to promote competition and innovation in the Big Tech platform space, particularly for search engines.
One such innovation is new artificial intelligence technology being designed to pull everything a user searches for into a single page, said Cheyenne Hunt-Majer, big tech accountability advocate with Public Citizen. It is built to keep users on the site and will drastically change competition in the search engine space, she said, touting the advancement of two bills currently awaiting Senate vote.

Photo of Adam Kovacevich of Chamber of Progress, Berin Szoka of TechFreedom, Cheyenne Hunt-Majer of Public Citizen, Sacha Haworth of Tech Oversight Project, Christine Bannan of Proton (left to right)
The first, the American Innovation and Choice Online Act, would prohibit tech companies from self-preferencing their own products on their platforms over third-party competition. The second, the Open App Markets Act, would prevent app stores from requiring private app developers to use the app stores’ in-app payment system.
Hunt-Majer said she believes that the bills would benefit consumers by kindling more innovation in big tech. “Perfect should not be the enemy of change,” she said, claiming that Congress must start somewhere, even if the bills are not perfect.
“We are seeing a jump ahead in a woefully unprepared system to face these issues and the issues it is going to pose for a healthy market of competition and innovation,” said Hunt-Majer.
It is good for consumers to be able to find other ways to search that Google isn’t currently providing, agreed Christine Bannan, U.S. public policy manager at privacy-focused email service Proton. The fundamental goal of these bills is directly at odds with big companies, which suggests its importance to curb anti-competitive behavior, she said.
No need to rewrite or draft new laws for competition
But while Berin Szoka, president of non-profit technology organization TechFreedom, said competition concerns are valid, the Federal Trade Commission is best equipped to deal with disputes without the need to rewrite or draft new laws. Congress must legislate carefully to avoid unintended consequences that fundamentally harm businesses and no legislation has done so to date, he said.
Both bills have broad anti-discrimination provisions which will affect Big Tech partnerships, Szoka continued.
Not all experts believe that AI will replace search engines, however. Google has already adopted specialized search results that directly answer search queries, such as math problems, instead of resulting in several links to related webpages, said Adam Kovacevich, CEO of Chamber of Progress, a center-left tech policy coalition.
Kovacevich said he believes that some search queries demand direct answers while others demand a wide range of sources, answers, and opinions. He predicts that there will be a market for both AI and traditional search engines like Google.
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Antitrust
Key Republican: Anticompetitive Practices of Big Tech Present a Threat to Innovation
Rep. Ken Buck said tech companies’ practices are anticompetitive and threaten innovation, free speech and national security.

WASHINGTON, January 13, 2023 — Rep. Ken Buck, R-Colo., argued on Wednesday that the anticompetitive practices of large tech companies present a threat to innovation, free speech and national security — and that even Republicans who are traditionally wary of antitrust legislation should view it as a key tool for curbing Big Tech’s power.
“I’m a free market person — I apply that principle to just about everywhere — but if you don’t have a market, you can’t have a free market,” Buck said at a Heritage Foundation event. “And when Google controls 94 percent of the online searches in this country, you don’t have a free market.”
Buck said that it was the responsibility of Congress to actively shape antitrust law, rather than “leaving it up to the courts to create something over the next 30 years.”
Among the several anti-Big Tech bills that have been proposed, Buck highlighted as his priority legislation that would prevent certain companies from acting as both buyers and sellers in digital advertising markets.
The bill applies to companies that generate more than $20 billion in digital ad revenues — specifically targeting Google and Facebook — and has so far received bipartisan support in both the House and the Senate.
Tech companies have spent millions of dollars lobbying against proposed antitrust bills, making it politically precarious for some members of Congress to support them, Buck said. Still, he urged his colleagues to consider the harms allegedly caused by social media platforms.
“We know that Instagram recognized that there was body shaming going on, there was depression among teenage girls, there was a higher suicide rate among teenage girls, and they doubled down,” Buck said. “They didn’t just say, ‘We’ve got to deal with this issue’ — they decided they were going to start marketing to a younger group.”
More competition in the market could give teens and parents access to better alternatives, Buck said, but the power held by the largest platforms makes it nearly impossible for competitors to emerge.
Rep. Buck linked free speech issues for tech industry to antitrust
“How do you have free speech, how do you have competition in the marketplace when you’ve got four companies that are so big that they can wipe out any kind of competitor?” he asked.
Buck has long been a critic of Big Tech, and introduced legislation to ban the TikTok app from U.S. government devices more than a year before similar legislation was passed as part of the bipartisan spending bill in December. This decision had nothing to do with fear of TikTok as a competitor to U.S. companies, he said.
“TikTok is dangerous, not because of its competition in the marketplace — I think it’s healthy in that sense; if Microsoft or some company had bought it, I’d be all in favor of that kind of competition for Facebook — but the bottom line is [that] how it’s being used by an adversary is dangerous and concerning.”
Although the TikTok ban won broad Republican support, alongside a variety of proposals to target tech companies’ privacy or content moderation practices, many antitrust bills have been less popular.
Buck has been open about his struggles in convincing other Republicans to pursue antitrust action, telling The Washington Post in March that “the antitrust bills that we are currently considering will not move forward under Republican leadership, and that’s been a very clear signal that has been sent.”
And now that the House is under Republican control, several experts have predicted that antitrust legislation is unlikely to move forward any time soon.
In an op-ed published Wednesday, President Joe Biden called on members of Congress to overcome partisan disagreements and keep tech companies in check by passing digital privacy, antitrust and content moderation legislation.
Rep. Cathy McMorris Rodgers, R-Wash., who chairs the House Energy and Commerce Committee, responded to Biden’s comments in a statement that agreed with the need for privacy and content moderation action but did not mention antitrust.
Antitrust
‘Time is Now’ for Separate Big Tech Regulatory Agency, Public Interest Group Says
‘We need to recognize that absolutely the time is now. It is neither too soon nor too late.’

WASHINGTON, June 21, 2022 – Public Knowledge, non-profit public interest group, further advocated Thursday support for the Digital Platform Commission Act introduced in the Senate in May that would create a new federal agency designed to regulate digital platforms on an ongoing basis.
“We need to recognize that absolutely the time is now. It is neither too soon nor too late,” said Harold Feld, senior vice president at Public Knowledge.
The DPCA, introduced by Senator Michael Bennet, D-CO., and Representative Peter Welch, D-VT., would, if adopted, create a new federal agency designed to “provide comprehensive, sector-specific regulation of digital platforms to protect consumers, promote competition, and defend the public interest.”
The independent body would conduct hearings, research and investigations all while promoting competition and establishing rules with appropriate penalties.
Public Knowledge primarily focuses on competition in the digital marketplace. It champions for open internet and has openly advocated for antitrust legislation that would limit Big Tech action in favor of fair competition in the digital marketspace.
Feld published a book in 2019 titled, “The Case for the Digital Platform Act: Breakups, Starfish Problems and Tech Regulation.” In it, Feld explains the need for a separate government agency to regulate digital platforms.
Digital regulation is new but has rapidly become critical to the economy, continued Feld. As such, it is necessary for the government to create a completely new agency in order to provide the proper oversight.
In the past, Congress empowered independent bodies with effective tools and expert teams when it lacked expertise to oversee complex sectors of the economy but there is no such body for digital platforms, said Feld.
“The reality is that [Congress] can’t keep up,” said Welch. This comes at a time when antitrust action continues to pile up in Congress, sparking debate across all sides of the issue.
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