‘PLAYGROUND BULLY’ GOOGLE’S “PRIVACY” DEFENCE TO PROPOSED MONOPOLY REMEDIES HIGHLIGHTS POTENTIALLY TOXIC DATA PRACTICES – MOVEMENT FOR AN OPEN WEB
In response to the US Department of Justice’s Proposed Remedy Framework for Google’s monopoly, James Rosewell, co-founder of Movement for an Open Web, said:
“Google’s claim in response to the DoJ’s proposed monopoly remedies that there is a risk to consumer privacy is yet another predictable and flawed attempt to use the veil of privacy to hide its anticompetitive practices. The DoJ’s position is that Google’s data must be shared with other organisations and that – if the data practices are so toxic and invasive that processing by rivals is not possible lawfully – then Google should be prevented from using that data too. In this way the DOJ has anticipated Google’s claim that it protects users’ privacy and that only Google can be trusted – a claim that is unlikely to be compelling given Google’s long history of privacy invasion.
“The DoJ has laid out a solid portfolio of remedy options that could create a fairer and more equitable digital marketplace. However, care needs to be taken to avoid creating solutions that can easily be manipulated by Google. For example, choice screens have proven to be an ineffective remedy that is unlikely to be mitigated via consumer education alone.
“The DoJ have clearly taken on board Movement for an Open Web’s suggestion that opening up Google’s search engine to other businesses would be an effective route to creating real competition. Without this move Google will remain dominant -the DoJ must stick to its guns to create a dynamic and competitive search market.
“The DoJ have been forward-looking in calling out Google’s attempts to bake in its AI dominance. We’re already seeing a significant, negative impact on publishers from the theft of their content for use in AI results. The option to opt out of AI harvesting without retaliation is vital to protecting the content economy.
“The fact that the framework specifically calls out retaliation by Google against its competitors graphically demonstrates what we’ve been saying for years. Google is the “playground bully”, throwing its weight around to maintain its dominance in the marketplace. Until their retaliatory behaviour is curbed then markets will not have the confidence to engage on effective remedies.
“In terms of speculation around a breakup of Google, the DOJ is looking into 4 Dimensions: Distribution, Display, Data and Dominance. Each of these will be investigated with specific remedies so it’s more likely that we’ll see each dimension addressed individually rather than being dealt with by overall divestitures. MOW has addressed each of these areas in detail in its October submissions to DOJ.”
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