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Debra KaufmanOctober 16, 2020
On the heels of a cyberattack on Twitter this summer, the New York State Department of Financial Services (DFS) called for a dedicated regulator to oversee big social media platforms. In a 37-page report, the department described the July 15 attack in which accounts of Barack Obama, Joe Biden, Jeff Bezos, Elon Musk and others were hacked and used to promote a cryptocurrency scam. Three people have since been charged with posing as employees to launch that attack, which relied on relatively simple tactics. Continue reading New York State Calls for a Dedicated Social Media Regulator
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Debra KaufmanOctober 8, 2020
After a 16-month investigation, the House Judiciary Committee presented a 449-page report stating that Big Tech companies Amazon, Apple, Facebook and Google abused their monopoly positions and calling for reform of the antitrust laws. Lawmakers stated the companies had evolved from startups to “the kinds of monopolies we last saw in the era of oil barons and railroad tycoons” and stated their breakup would restore competition. This marks the biggest antitrust effort since the government sued Microsoft in the 1990s. Continue reading Government Report Urges Breakup of Big Tech Monopolies
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Debra KaufmanOctober 6, 2020
Facebook’s lawyers, relying on research by the law firm Sidley Austin LLP, prepared a 14-page document that lays out its defenses against government threats to force a break from its messaging service WhatsApp and photo- and video-sharing platform Instagram. Congress and other federal antitrust regulators continue to investigate Facebook, as well as Google, Amazon and Apple, and the House Antitrust Subcommittee is expected to release its findings this month. Facebook’s acquisitions of Instagram in 2012 and WhatsApp in 2014 were vetted by the Federal Trade Commission. Continue reading Facebook Argues Breakup Would Be Costly, Weaken Security
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Debra KaufmanSeptember 29, 2020
Apple’s 30 percent commission on digital goods and services in its App Store has raised the ire of numerous companies, including Netflix and Spotify, which have formed a coalition to promote legal and regulatory changes for app marketplaces. Apple and Epic Games are battling the issue in court, and Spotify filed an antitrust suit in Europe last year, with claims that it unfairly harms competitors. Apple is, however, giving a brief COVID-19-related reprieve on fees to some companies selling virtual experiences. Continue reading Apple Under Increasing Pressure to Change App Store Fees
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Debra KaufmanSeptember 17, 2020
According to sources, the Federal Trade Commission — after investigating concerns about Facebook’s efforts to stifle competition — may be readying an antitrust lawsuit by the end of the year. The same sources said, however, that the FTC doesn’t always bring a case after making preparations to do so and that no final decision has been made. Meanwhile, a bipartisan group of senators has put Google in the crosshairs regarding its dominance in the chain of technologies connecting digital publishers with advertisers. Continue reading Government Considering Lawsuits Against Facebook, Google
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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 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 KaufmanAugust 4, 2020
Members of the U.S. Senate and House of Representatives sent a letter to the Federal Trade Commission urging it to investigate how the mobile advertising industry tracks consumers without their knowledge via digital display ads. The covert practice, known as “bidstream” data, enables the collection of sensitive information about consumers that is then packaged and sold by data brokers. Meanwhile, Google released “Ads Transparency Spotlight,” a Chrome extension to inform consumers about how advertisers are targeting them. Continue reading Legislators Urge FTC to Scrutinize Mobile Ad Data Collection
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Debra KaufmanAugust 3, 2020
The European Union has led the movement to leverage antitrust laws in an effort to limit the power of Big Tech companies from the United States. Now, convinced that the impact of these efforts did not go far enough to change behavior, they are pursuing a different tack, this time drafting regulations that address specific business practices. But even as the chief executives of Amazon, Apple, Facebook and Google were grilled in a Congressional hearing last week, they reported skyrocketing revenue and billions in profit. Continue reading European Union Adopts New Strategy to Contain Tech Firms
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Debra KaufmanJuly 31, 2020
At a congressional hearing this week, the chief executives of Amazon, Apple, Facebook and Google endured frustration and hostile criticism from bipartisan lawmakers. House Antitrust Subcommittee chair David Cicilline (D-Rhode Island) started by saying that, “Our founders would not bow before a king. Nor should we bow before the emperors of the online economy,” referring to Amazon’s Jeff Bezos, Apple’s Tim Cook, Facebook’s Mark Zuckerberg and Google’s Sundar Pichai. The companies are collectively worth almost $5 trillion. Continue reading Big Tech Executives Are Grilled During Congressional Hearing
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Debra KaufmanJuly 29, 2020
Amazon, Apple, Google, Facebook and Microsoft — the five largest U.S. tech firms — are speeding up their acquisitions, even as they are under antitrust investigation by federal officials and state attorneys general. By the end of June, the companies had disclosed 27 deals, up 29 percent from the same period last year, when they announced 21 deals. The increase in purchases could be used as proof by regulators and economists that these companies are using their wealth to dominate competitors and increase their market share. Continue reading Big Tech Firms Step Up Acquisitions Despite Antitrust Probes
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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 KaufmanJuly 9, 2020
Chinese app TikTok has had a tumultuous few weeks. After being banned in India due to political tensions between that country and China, TikTok ceased its activities in Hong Kong in response to its concerns about the mainland’s imposition of a natural security law. In the U.S., the Trump administration is considering limiting the app’s access to its users. Now, sources say the U.S. Justice Department and Federal Trade Commission are probing allegations that TikTok has violated a 2019 agreement on children’s privacy. Continue reading FTC and DOJ to Probe TikTok Violation of Child Privacy Rules