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Debra KaufmanAugust 24, 2020
The Federal Trade Commission often interviews witnesses under oath as part of investigations that lead to lawsuits. It’s telling, then, that, according to sources, Facebook chief executive Mark Zuckerberg testified remotely and under oath over a two-day FTC “investigative hearing.” Those sources also pointed out that Zuckerberg’s testimony doesn’t guarantee the case is headed toward an antitrust lawsuit but could be used by the FTC and state attorneys to build their case. State officials also participated in the hearing. Continue reading FTC Interviews Mark Zuckerberg as Part of Its Antitrust Probe
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Debra KaufmanAugust 19, 2020
The Justice Department and Attorney General William Barr plan to bring an antitrust lawsuit against Google as soon as this summer, but not all of the DOJ staffers are happy with what they say is an “aggressive timeline.” Critics believe that the case isn’t ready for trial and that they need more time to determine if the “millions of pages of documents” contain enough evidence to win the case. But Deputy Attorney General Jeff Rosen stated that the case is “a major priority” and the DOJ is “going full-tilt.”
Continue reading Some DOJ Lawyers Warn of a ‘Rush’ to Bring Google Lawsuit
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Debra KaufmanAugust 14, 2020
Qualcomm reached the end of a trying five-year period, battered by antitrust allegations, U.S.-China trade tensions, an activist shareholder and Broadcom’s hostile takeover attempt among other obstacles. This week, the U.S. Court of Appeals for the Ninth Circuit vacated a 2019 ruling by a federal judge that Qualcomm had overcharged phone makers for its patents and abused its monopoly position. Qualcomm chief executive Steve Mollenkopf is now predicting sales of between 175 million and 225 million 5G devices this year. Continue reading Qualcomm Faces Bright 5G Future After Appeals Court Ruling
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Debra KaufmanAugust 13, 2020
Google limits how Android apps track users, and it appears that TikTok violated this policy by collecting unique identifiers — called MAC addresses — from millions of mobile devices. In fact, TikTok seemed to have concealed this action via an added layer of encryption. TikTok, which has publicly declared it doesn’t share data with the Chinese government, ended the collection of MAC addresses in November. An AppCensus 2018 analysis found that about 1 percent of Android apps collect MAC addresses. Continue reading TikTok Used Privacy Loophole to Track Android Users’ Data
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Debra KaufmanAugust 5, 2020
Twitter revealed that the Federal Trade Commission may hit it with a fine up to $250 million for using consumers’ email addresses and phone numbers — collected for “safety and security” purposes — to target ads, something it said it did “inadvertently” between 2013 and 2019. This is a violation of its 2011 agreement with the FTC, in which Twitter agreed that it would no longer mislead consumers by not disclosing other potential uses. Twitter has already received a draft complaint from the FTC. Continue reading FTC to Fine Twitter for Using Consumer Data for Targeted Ads
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Debra KaufmanJuly 21, 2020
About a year ago, the Federal Trade Commission chair Joseph Simons predicted that the antitrust probe of Facebook would be done before the presidential election, a goal that now seems unlikely. If it runs into next year, a new president could change the FTC’s priorities. For now, the Facebook investigation continues, with staff members prepping depositions of Facebook chief executive Mark Zuckerberg and chief operating officer Sheryl Sandberg and examining its purchase of Giphy, a search database for short videos. Continue reading FTC Probe of Facebook Unlikely to Conclude by Election Time
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Debra KaufmanJune 26, 2020
Senators Brian Schatz (D-Hawaii) and John Thune (R-South Dakota) introduced the Platform Accountability and Consumer Transparency (PACT) Act, which would hold Internet platforms such as Facebook and Google responsible for hosting illegal content and require them to reveal their moderation practices. The Act would change parts of Section 230 of the Communications Decency Act of 1996 that shield such platforms from liability for the content their users post, and is intended to require platforms to quickly remove offending content. Continue reading PACT Act Intends to Update Section 230, Protect Consumers
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Debra KaufmanJune 11, 2020
According to a review by ProPublica, tech giant Amazon has begun to reserve the best placement in search results for its own products. Brands have been able to bid on search terms in order to gain visible listings at the top of the Amazon product search results. They can still bid on such placements, which also earns them a “sponsored” tag. But ProPublica and consultants found that, during the coronavirus pandemic, the company made the top left position on the first page unavailable to anything other than its own private-label products. Continue reading Amazon Saves Premium Search Results for Its Own Products
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Debra KaufmanMay 19, 2020
Facebook has acquired the GIF platform Giphy for $400 million. Giphy’s 100+ million active daily users send over 1 billion GIFs a day. Facebook stated that Giphy’s content database will be integrated into its apps including Instagram, although it didn’t state a timeframe. Since every social app offers at least some GIF integration, including many that rely on a GIF keyboard and Giphy’s database, Facebook’s purchase is both a competitive edge and another way to harvest the kind of data that attracts advertisers. Continue reading Facebook’s Purchase of Giphy to Provide Valuable User Data
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Debra KaufmanMay 4, 2020
With the coronavirus pandemic, advertising plummeted on many online sites, including social media giant Facebook. The company’s chief financial officer David Wehner declared that factor “largely attributable” to the 16 percent decline in average price of ads purchased in March. But gaming and e-Commerce companies picked up the slack by spending more, taking advantage of less competition in the company’s ad auctions. As a result, Facebook chief executive Mark Zuckerberg told analysts the company would “remain in growth mode.” Continue reading Facebook Ad Sales Pick Up, Resulting in Strong Q1 Revenue
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Debra KaufmanApril 28, 2020
U.S. District Court for the District of Columbia judge Timothy Kelly approved a deal reached last summer whereby Facebook will pay a $5 billion fine to settle with the Federal Trade Commission over privacy violations related to the Cambridge Analytica scandal. Facebook will also be restricted in some of its business decisions and will be subject to ongoing oversight. Facebook chief privacy officer for product Michel Protti noted that the agreement “has already brought fundamental changes to our company.” Continue reading Judge Greenlights Facebook’s $5B Agreement with the FTC
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Debra KaufmanMarch 18, 2020
The French Competition Authority fined Apple 1.1 billion euros ($1.23 billion) after determining that the company unfairly divided products and customers between two wholesalers, Tech Data and Ingram Micro, and forced them to charge the same prices as those offered in its own retail stores. The Authority president Isabelle de Silva stated that doing so had the effect of “sterilizing the wholesale market for Apple products.” Tech Data and Ingram Micro were fined 76.1 million euros and 62.9 million euros, respectively. Continue reading French Competition Authority Fines Apple & Two Wholesalers
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Debra KaufmanFebruary 19, 2020
Facebook has made adjustments to its policy on digital political advertising after reports emerged that 2020 presidential candidates are paying Instagram influencers. It will now require candidates buying branded content to register as political advertisers. FTC commissioner Rohit Chopra stated that a 2017 policy requiring influencers and marketers to reveal any “material connection” to advertisers is under review, adding that, “we may need new rules for tech platforms and for companies that pay influencers to promote products.” Continue reading Facebook Creates Changes to Its Rules on Paid Political Ads
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Debra KaufmanFebruary 4, 2020
Google controls approximately 90 percent of Internet search, and regulators, politicians, advertisers and users are sensitive to the tech giant’s efforts to wring more dollars out of that dominance. Twenty years ago, Google introduced text ads above search results and, over time, the company has made those ads less conspicuous. A recent design change prompted users to accuse the company of trickery to get them to click on ads, and marketers to complain the practice is a “shakedown” to push them to pay for ads. Continue reading Google Adjusts New Design Updates Following Complaints
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Debra KaufmanJanuary 24, 2020
Big Tech is now one of the biggest lobbying groups in Washington, D.C. Facebook posted the greatest increase in spending last year, followed by Amazon, Apple and Microsoft. By increasing spending in lobbying, the companies hope to influence privacy legislation, pursue government contracts and rebut charges of unfair competition. Alphabet is the only Big Tech company to reduce its spending for lobbying in 2019, by 44 percent to $11.8 million. It also ended its relationship with lobbyists at six outside firms. Continue reading Big Tech Firms Increase Spending to Influence Lawmakers