Internet Search Engines
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Transcript Internet Search Engines
CWAG 2011:
“Internet Search Engines – Latest
Issues”
Pamela Jones Harbour
Partner
Wednesday, July 13, 2011
Pamela Jones Harbour
Partner
Washington, D.C.
Fulbright & Jaworski L.L.P.
[email protected]
+1 202 662 4505
•
Former Federal Trade Commissioner (2003-2010)
•
Well recognized for her knowledge of evolving areas of
competition and consumer protection law, including
privacy and data security issues.
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It’s All About the Data
Many of the most interesting consumer-focused
elements of this change all require data :
● personalized media
● social media and
● mobile platforms
How to allow the benefits of this data-flow without
undermining legitimate personal privacy concerns
and without thwarting innovation?
“Free” products paid for with consumer data
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Privacy and Competition
Privacy should be cognizable as a nonprice dimension of competition law
“Consumer data“ should be the basis of a
relevant antitrust product market.
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Search Result Manipulation?
“advertising funded search engines will be inherently biased
towards the advertisers and away from the needs of
consumers.”
“advertising income often provides an incentive to provide
poor quality search results.”
“a search engine could add a small factor to search results
from ‘friendly’ companies, and subtract a factor from results
from competitors. This type of bias is very difficult to detect
but could still have a significant effect on the market.”
“The Anatomy of a Large-Scale Hypertextual Web Search Engine,”
Sergei Brin and Lawrence Page (1998), available at
http://infolab.stanford.edu/_backrub/google.html (App. A: “Advertising
and Mixed Motives” ).
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Federal Antitrust
FTC investigation
Section 2 of the Sherman Act could
apply to “the truthful, non-misleading
speech of firms that, due to their market
power, can affect the competitive
landscape . . .” Sorrell v. IMS Health
Inc., ___ U.S. ____ (June 23, 2011)
(Breyer, J., dissenting, at 12).
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Search Advertising - Japan
In 2010, Google agreed with Yahoo! Japan, for
Google to serve ads for Yahoo! Japan.
As a result of the deal, Google had over 90% market
share of search advertising in Japan.
Immediately following the announcement of the
deal, prices for search advertising in Japan rose by
up to five times pre-deal levels.
Toshio Aritake, Google Ad Rates Soar After Plan to Consolidate with Yahoo
Japan, ANTITRUST & TRADE REG. DAILY, Nov. 29, 2010, available at
http://news.bna.com/adln/ADLNWB/split_display.adp?fedfid=18577351&vname
=atdbulallissues&fn=18577351&jd=a0c5k3k3p1&split=0.
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on Privacy
“Google policy is to get right up to the creepy line and not cross it.”
– Eric Schmidt, former Google CEO (Washington Ideas Forum, Oct. 2010)
“I actually think most
people don't want Google
to answer their questions. .
. . They want Google to tell
them what they should be
doing next.” – Eric Schmidt
(WSJ, Aug. 2010)
“If you have something
that you don't want
anyone to know, maybe
you shouldn't be doing it in
the first place.”
– Eric Schmidt (CNBC
interview, Dec. 2009)
“In a world of
asynchronous threats,
it is too dangerous for
there not to be some
way to identify you. . . .
We need a [verified]
name service for
people.” – Eric Schmidt
(Techonomy conference,
Aug. 2010)
“The default is not to use the most secure form because it slows
everything down. . . . Ultimately, we're not going to do anything
that disadvantages speed.” – Eric Schmidt (New America
Foundation conference, Nov. 2008)
“[N]othing you do ever goes away and nothing you do ever escapes notice. . . . [T]here isn’t any
privacy, get over it.” – Vint Cerf, Google VP & Chief Internet Evangelist (Technology Alliance address, Aug.
2008)
THANK YOU
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When You Think
PRIVACY, COMPETITION, AND
DATA PROTECTION,
Think Fulbright.
TM