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Amazon and Its Terrible, Horrible, No Good, Very Bad...Week
A couple weeks ago, former Google CEO Eric Schmidt lectured that people should be "a little bit grateful" for Amazon, who is helping us through this moment of crisis. Notwithstanding Uncle Creepy's...
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Facebook: Santa Claus or Krampus?
Santa Claus and gift giving season is finally here. Krampus is Santa's alter ego--and brings misfortune to those he visits. The question of whether Silicon Valley's "free" services are really...
View ArticleSubsidizing the Platform Giants, Part 3 Amazon: Retailing Without Responsibility
[The 3rd in a series of posts looking at non-antitrust advantages of the large internet platforms & how these firms benefit from a type legal/regulatory arbitrage not available to "traditional"...
View ArticleMozilla v. FCC: A Fairy Tale Ending for a Fairy Tale Issue?
Last week's D.C. Circuit decision in Mozilla v. FCC upheld the FCC's 2018 Restoring Internet Freedom Order ("RIF Order"), which eliminated the previous Commission's 2015 "Title II" net neutrality...
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Subsidizing the Platform Giants, Part 2: Google--a Media Firm without Content...
As noted in the YouTube post, Google is a media firm that owns the most popular site on the internet. Google earns most of its revenue from selling advertising on its "content"--search results. Unlike...
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Subsidizing the Platform Giants, Part 1: What If YouTube Paid for Content?
When talking about the platform giants, the first instinct of many is to see high market shares as an antitrust problem, because very concentrated industries are a prerequisite for antitrust...
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CBS Blackout Demonstrates Need for Modern Television Act
CBS is in the midst of proving the urgent necessity of the bipartisan reforms to the pay TV marketplace, introduced on Friday by Representatives Anna Eshoo and Steve Scalise. The Modern Television Act...
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A National 5G Network Offers Less Benefits & More Risk Than Proponents Think
Fierce Wireless recently reported that Karl Rove became the latest high profile Republican to join Rivada Networks' campaign to create a socialized 5G wireless network. Last month, after former Speaker...
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Congressional Democrats Check the Net Neutrality Box
"Let us not seek the Republican answer or the Democratic answer, but the right answer. Let us not seek to fix the blame for the past. Let us accept our own responsibility for the future." -- John F....
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Scope of Data Collection Will Be the Critical Issue for Privacy Legislation
Today the House Energy and Commerce Committee will hold a hearing on "Protecting Consumer Privacy in the Era of Big Data." As we noted after the mid-terms, this issue is a priority for House Democrats....
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Amazon's Counterfeiting Strategy Is a Section 512 Problem
[Note: In the original version of this post, I was a little careless with the title--which originally said "Section 230" and not "Section 512." Law professor Annemarie Bridy correctly called me out on...
View ArticleRosenworcel's Voluntary Incentive Auction Is the Right Answer for EBS Spectrum
In May of last year, the FCC initiated a docket designed to make better use of the Education Broadband Service ("EBS") spectrum, which is comprised of 114MHz of 2.5GHz spectrum. This spectrum was...
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Google's Pichai Pushes House Judiciary Committee Toward Privacy Legislation
If you've ever watched a live theater performance, you know that you have to look at the set decorations--and not just the performers--to understand the full context of what's going on. If you ignore...
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No Good Argument Exists Against USTelecom's UNE Forbearance Petition
We've explained before that the retail telecommunications service market--especially the business market--is more competitive than it's ever been, and is trending even more so. The residential...
View ArticleWhy a "Poison Pill" Might Be the Best Prescription for Privacy Legislation
Internet data privacy is an incredibly complicated subject that offers no clear and easy solutions. Moreover, privacy itself is only a small part of the ethics of data collection. Recent research...
View ArticleInternet Interconnection: Bad Faith Is No Basis for Good Policy
A few weeks ago, President Obama, acting on some seriously bad advice, formally urged the FCC to, among other things, consider regulating Internet interconnection agreements. The "facts" that...
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Chairman Wheeler's Broadband Competition Observations: Title II Implications
On September 4th, in a speech to the startup-focused group, 1776, Chairman Wheeler gave a speech where he discussed consumer broadband deployment and competition. The Chairman seemed to be of two...
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Free Press's Misleading Theories on Title II and CapEx (Pt. 2)
In its Net Neutrality Comments, Free Press combines a limited number of less-than-ideal data points with a faulty methodology and a misleading narrative to claim that has "proven" its' reckless...
View ArticleFree Press's Mistaken (and Misleading) Theory on Title II and Investment (Pt. 1)
It's no secret that Net Neutrality pressure group Free Press would like the FCC to revisit the 2002 Cable Modem Order, in which the FCC classified broadband Internet service over cable as an...
View ArticleThe Difference between AT&T/DirecTV and Comcast/TWC
After Sunday's announcement that AT&T had entered into an agreement to purchase DirecTV, many parties have rushed to talk about the "media consolidation trend." The usual suspects have expressed...
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