WebProNews

Tag: FTC

  • Facebook Sued by FTC and 48 US Jurisdictions In Antitrust Case

    Facebook Sued by FTC and 48 US Jurisdictions In Antitrust Case

    As expected, the Federal Trade Commission (FTC), along with a coalition of US jurisdictions, has sued Facebook over antitrust accusations.

    Facebook has been under increasing scrutiny for its habit of buying up smaller competitors in an effort to head off potential threats. Among its most high-profile acquisition were Instagram and WhatsApp. Instagram, in particular, was a major threat to Facebook, as it quickly gained a following and posed a threat to Facebook’s dominance.

    The Department of Justice (DOJ) filed antitrust charges against Google in October, leading many to believe a case against Facebook would soon follow. The FTC, along with 46 states, the District of Columbia and Guam, has filed charges.

    “Personal social networking is central to the lives of millions of Americans,” said Ian Conner, Director of the FTC’s Bureau of Competition. “Facebook’s actions to entrench and maintain its monopoly deny consumers the benefits of competition. Our aim is to roll back Facebook’s anticompetitive conduct and restore competition so that innovation and free competition can thrive.”

    The complaint hinges on two main areas: anticompetitive acquisitions and anticompetitive platform conduct. Instagram and WhatsApp are examples of Facebook buying platforms and companies it perceived as a threat and was struggling to compete against. Facebook, meanwhile, has maintained that its acquisition of these services helped them grow into the successful platforms they currently are.

    Anticompetitive platform conduct involves accusations that Facebook restricts third-party access to certain APIs unless companies agree not to create competing services. Facebook has even taken measures to cut off competitors’ access to such APIs if they developed services Facebook deemed a threat. For example, when Twitter rolled out its Vine video sharing service, Facebook prevented Vine users from being able to access their Facebook friends.

    The specific jurisdictions involved in the case are Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, the District of Columbia, Florida, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.

  • FTC Holds Zoom Accountable For Misleading Security Claims

    FTC Holds Zoom Accountable For Misleading Security Claims

    Zoom has agreed to a settlement with the Federal Trade Commission (FTC) over misleading security claims.

    Zoom quickly established itself at the outset of the pandemic as one of the main methods of communication and remote work. Unfortunately for the company, it also faced a number of missteps in regard to security.

    In particular, the FTC took Zoom to task for claiming it offered end-to-end encryption from at least 2016, when it offered a much weaker type of security. End-to-end encryption ensures that only the sender and recipient can access the encrypted content. While Zoom claimed to offer this level of encryption, in reality, it held the keys that could allow it to decrypt meetings at will.

    In addition, customers who opted to save recordings of their meetings using Zoom’s cloud storage were misled about the level of encryption Zoom provided. The company claimed the recordings were encrypted immediately. Instead, the FTC found that some recordings were left as long as 60 days without being encrypted.

    “During the pandemic, practically everyone—families, schools, social groups, businesses—is using videoconferencing to communicate, making the security of these platforms more critical than ever,” said Andrew Smith, Director of the FTC’s Bureau of Consumer Protection. “Zoom’s security practices didn’t line up with its promises, and this action will help to make sure that Zoom meetings and data about Zoom users are protected.”

    As part of the settlement, Zoom is prohibited from making false and misleading statements, must submit to third-party assessments, make sure updates do not interfere with third-party security security features and implement additional safeguards.

  • Antitrust Case Against Facebook May Be Next

    Antitrust Case Against Facebook May Be Next

    Just days after the DOJ filed an antitrust case against Google, the FTC may be planning a similar case against Facebook.

    Tech giants are under more scrutiny now than at any time since Microsoft’s landmark antitrust case in 2001. The DOJ filed a case against Google over its search and search advertising business. The CEOs of Amazon, Apple, Facebook, Google and Twitter have also been called to testify before Congress, in some cases repeatedly.

    Now, according to Politico, the five FTC commissioners have met to discuss an antitrust case against Facebook. The company has repeatedly been accused of stifling competition by purchasing smaller rivals it deems a potential or future threat. In addition, Facebook has faced ongoing criticism for its mishandling of user privacy.

    Because of the confidential nature of the probe, Politico’s sources spoke anonymously. It’s unknown which way the FTC commissioners are leaning, and a decision is not expected for several weeks. Nonetheless, it’s the latest challenge facing Big Tech in general, and social media in particular.

  • What Not to Do: Former Uber CSO Charged For Covering Up Data Breach

    What Not to Do: Former Uber CSO Charged For Covering Up Data Breach

    The Department of Justice has announced it is charing Uber’s former Chief Security Officer (CSO) Joseph Sullivan for obstruction of justice.

    The charges stem from a data breach Uber suffered in 2016, just days after Sullivan testified before the FTC about a 2014 data breach. In the 2016 data breach, hackers “accessed and downloaded an Uber database containing personally identifying information, or PII, associated with approximately 57 million Uber users and drivers. The database included the drivers’ license numbers for approximately 600,000 people who drove for Uber.”

    Rather than report the new breach, Sullivan orchestrated an attempt to pay off the hackers to prevent the FTC from finding out. To cover his tracks, Sullivan funneled the money through a bug bounty program and tried to get the hackers to sign NDAs. To matters worse, the NDAs includes statements falsely indicating that no data had been taken, statements Sullivan insisted remain in the agreements.

    “Uber’s new management ultimately discovered the truth and disclosed the breach publicly, and to the FTC, in November 2017,” writes the DOJ. “Since that time, Uber has responded to additional government inquiries.

    “The criminal complaint also alleges Sullivan deceived Uber’s new management team about the 2016 breach. Specifically, Sullivan failed to provide the new management team with critical details about the breach. In August of 2017, Uber named a new Chief Executive Officer. In September 2017, Sullivan briefed Uber’s new CEO about the 2016 incident by email. Sullivan asked his team to prepare a summary of the incident, but after he received their draft summary, he edited it. His edits removed details about the data that the hackers had taken and falsely stated that payment had been made only after the hackers had been identified.”

    The entire incident is a case study in how not to handle a data breach. At the same time, Uber’s new CEO and management team are to be commended for doing the right thing as soon as they discovered the truth.

  • TikTok Accused of Violating Child Privacy—Again

    TikTok Accused of Violating Child Privacy—Again

    TikTok is in hot water yet again, with consumer groups accusing the social media company of violating child privacy.

    The Center for Digital Democracy and the Campaign for a Commercial Free Childhood are leading a coalition of some 20 children’s and consumer groups that have filed a complaint with the Federal Trade Commission (FTC), accusing TikTok of violating a previous agreement with the FTC.

    In 2019 TikTok was fined $5.7 million for violating child privacy. As The New York Times reports, TikTok agreed to a number of changes designed to better protect the privacy of children.

    According to the NYT, “as part of the settlement, the video-sharing app agreed to obtain a parent’s permission before collecting their child’s personal information. It also agreed to delete personal information, including videos, of any children identified as younger than 13 and to remove videos and other personal details of users whose ages were unknown.”

    In spite of the agreement, it appears that TikTok has not followed through on its promise. This is just the latest issue the social media app has dealt with, as it has faced ongoing scrutiny over security and privacy concerns, with the Pentagon and some government agencies banning the app from employees’ devices.

    If the FTC finds that TikTok has reneged on its agreement, the company’s problems will only go from bad to worse.

  • Judges Orders Facebook To Hand Over Data About Possible Privacy Issues

    Judges Orders Facebook To Hand Over Data About Possible Privacy Issues

    According to The Wall Street Journal, “a Massachusetts judge has ordered Facebook to turn over data about thousands of apps that may have mishandled its users’ personal information.”

    In the wake of the Cambridge Analytica scandal, Facebook has faced ongoing scrutiny and lawsuits related to how it handles user data. The U.S. Federal Trade Commission fined the social media giant $5 billion for its role in Cambridge Analytica. More recently, Brazil levied a $1.6 million fine on the company for the same thing.

    The most recent decision stems from Facebook’s own “admission last year that it had suspended ‘tens of thousands of apps for possible privacy violations.” Unfortunately, that was all Facebook was willing to admit to, providing neither the specific apps that were suspended, nor the alleged violations they were guilty of. As a company that has long since lost the trust of many customers and lawmakers, Facebook’s protestations that it shouldn’t be forced to turn over the data fell on deaf ears. Now the Suffolk Superior Court judge has given the company 90 days to turn over the data.

    “We are pleased that the Court ordered Facebook to tell our office which other app developers may have engaged in conduct like Cambridge Analytica,” Massachusetts Attorney General Maura Healey said in a statement.

    Facebook says it is reviewing its options and may appeal the ruling.

  • Brazil Fines Facebook Over Cambridge Analytica Scandal

    Brazil Fines Facebook Over Cambridge Analytica Scandal

    Bloomberg is reporting that Brazil has levied a $1.6 million fine on Facebook for its role in the Cambridge Analytica scandal.

    The fine is the result of an investigation that began in April 2018, finding that Facebook illegally shared data for some 443,000 users.

    “It’s evident that the data of about 443,000 users of the platform were made available by the developers of the app ‘thisisyourdigitallife’ for reasons that are at least questionable,” Brazil’s justice ministry said in a statement.

    Facebook has said there is no evidence the data from Brazilian users was transferred to Cambridge Analytica, but the justice ministry said Facebook and its local unit failed to prove that less users were impacted.

    As Bloomberg points out, Facebook agreed in July to pay a $5 billion fine to the U.S. Federal Trade Commission. It is not clear if Facebook will immediately pay the Brazilian fine or fight it, however. The company simply said “we are currently evaluating our legal options in this case.”

  • AT&T Agrees to Pay $60 Million to Settle Legal Dispute Over Throttling Smartphone Plans

    AT&T Agrees to Pay $60 Million to Settle Legal Dispute Over Throttling Smartphone Plans

    While every major smartphone carrier advertises unlimited plans, the reality is that all of them come with restrictions. According to the Federal Trade Commission (FTC), AT&T has just agreed to settle a case where it misled millions of customers about the practice.

    In most cases, “unlimited” plans come with a finite amount of high-speed 4G or LTE data. Once that data is used, the provider usually reserves the right to throttle, or reduce, a phone’s data speed to much slower 3G levels, especially when the phone is connected to a congested tower.

    In the case of AT&T, however, they were accused of not disclosing that there were any restrictions on the plans in question. They also started throttling customers’ speed after only a small amount of data had been used, and often throttled them to the point that even basic web browsing was nearly impossible.

    “AT&T promised unlimited data—without qualification—and failed to deliver on that promise,” said Andrew Smith, Director of the FTC’s Bureau of Consumer Protection. “While it seems obvious, it bears repeating that Internet providers must tell people about any restrictions on the speed or amount of data promised.”

    “The FTC alleged that, despite AT&T’s unequivocal promises of unlimited data, it began throttling data speeds in 2011 for its unlimited data plan customers after they used as little as 2 gigabytes of data in a billing period. AT&T’s alleged practices affected more than 3.5 million customers as of October 2014, according to the FTC complaint.”

    As part of the settlement, AT&T is prohibited from advertising speed or unlimited data unless it prominently discloses any restrictions. The FTC specifically stated that “the disclosures need to be prominent, not buried in fine print or hidden behind hyperlinks.”

    In the meantime, current and former customers will receive partial refunds. Existing customers will receive the refund in the form of a credit, while former customers will receive checks in the mail.

  • EU Investigating if Amazon is Using Data to Unfairly Compete With Third-Party Sellers

    EU Investigating if Amazon is Using Data to Unfairly Compete With Third-Party Sellers

    The European Union is on the prowl again in a likely attempt to win cash and concessions from Amazon. This is another investigation in a long string of investigations into American companies designed to extract big cash payments.

    European Commissioner for Competition, Margrethe Vestager, indicates that the issue is the possible use of third-party seller data by Amazon to determine which products it might decide to produce and sell itself, thus competing and presumably putting out of business the other sellers of that product. Vestager admits that there have been no formal complaints from resellers but they “have people” coming to them and asking questions about this issue.

    European Commissioner for Competition, Margrethe Vestager discussed their investigation on CNBC’s Closing Bell:

    EU Suspects Amazon Is Using Data to Compete With Third-Party Sellers

    It’s too early to have a concern but we like to understand how this is working because Amazon has this dual role, they host a lot of little guys and enabling them to do e-commerce which is a great thing, at the same time they’re a big guy in the same market. How do they treat the data that they get from the little guy? Does that give them an advantage that cannot be matched or how to understand this?

    We have concerns from the marketplace and we have seen this also in a sector-wide inquiry so so we’re very interested to learn also in deep detail how this works.

    There Are No Formal Complaints Filed From Third-Party Sellers

    One thing is to enable the little guy to do business. It’s another thing that once you have enabled it and you see how it works in the marketplace basically you take it and because you’re a big guy you do large scale so you can sort of occupy that marketplace yourself. We have people coming to us with concerns but no formal complaints have been filed from third-party sellers.

    The EU Already Settled an eBook Case with Amazon

    We have already had one Amazon case on eBooks, on German and English spoken eBooks. We saw that Amazon was saying if you as one of our suppliers do something innovative, if you lower your prices or something like that, you always have to give us the same benefit and that, of course, made it very difficult for the eBooks market to innovate.

    If you always have to give Amazon whatever you have then of course that puts a lid to innovation. That we solved in a settlement actually covering ebooks in almost all segments.

    Not Opposed to Amazon but We Have Questions

    It’s important that the price point is right because for many people on a low budget, of course, low prices is of the essence and enabling choice is a great thing. We also want to see that innovation is thriving because being a customer in an innovative marketplace is, of course, better than being a customer in a non-innovative marketplace.

    This is what we’re trying to understand how does this work and of course, it may turn out that we have no further questions to be asked but that remains to be seen.

    EU Commision Meeting With US FTC

    We’ve had a very good meeting today with Federal Trade Commission Chairman Joseph Simons and others from the FTC, and we didn’t discuss in any detail these questions. What we discussed is our cooperation which is actually very good because we exchange views, but we don’t try to walk in each other’s shoes.

    Status of the Google EU Investigation

    Of course, we expect a change of behavior because the decision is a cease-and-desist decision, you have to stop this and you cannot put anything in its place that has an equivalent effect. This is about enabling choice for the ones who produces our phone so that that maybe you can have a phone that carries other apps when you have the out-of-the-box experience.

    That is important for us to see this change in the marketplace to show that those who actually have the skills maybe to do another operating system from the Android open source code that they may be able to do that. The fine will have to be paid and then of course it is for Google to decide if they will appeal the case or not.

  • FTC Reportedly Looking At Google’s Android Business

    Google is back in the eye of the Federal Trade Commission, this time for its Android business, which has also been drawing scrutiny from government regulators around the world.

    Regulators are investigating if Google is employing anticompetitive practices as its Android operating system dominates market share. Bloomberg Business reports:

    Google Inc. is back under U.S. antitrust scrutiny as officials ask whether the tech giant stifled competitors’ access to its Android mobile-operating system, said two people familiar with the matter.
     
    The Federal Trade Commission reached an agreement with the Justice Department to spearhead an investigation of Google’s Android business, the people said. FTC officials have met with technology company representatives who say Google gives priority to its own services on the Android platform, while restricting others, added the people, who asked for anonymity because the matter is confidential.

    Earlier this month, Russian antitrust authority The Federal Anti-Monopoly Service ruled that the company mustn’t require device manufacturers using Android to pre-install Google services.

    In April, the European Commission, which has been involved in a years-long investigation into Google’s search business, revealed that it had opened a new investigation into Android as well.

    “Since 2005, Google has led development of the Android mobile operating system,” the Commission said at the time. “Android is an open-source system, meaning that it can be freely used and developed by anyone. The majority of smartphone and tablet manufacturers use the Android operating system in combination with a range of Google’s proprietary applications and services. These manufacturers enter into agreements with Google to obtain the right to install Google’s applications on their Android devices. The Commission’s in-depth investigation will focus on whether Google has breached EU antitrust rules by hindering the development and market access of rival mobile operating systems, applications and services to the detriment of consumers and developers of innovative services and products.”

    “Smartphones, tablets and similar devices play an increasing role in many people’s daily lives and I want to make sure the markets in this area can flourish without anticompetitive constraints imposed by any company,” said EU Commissioner in charge of competition policy Margrethe Vestager.

    Google settled an antitrust case from the FTC related to its search business in early 2013. Many felt the company got off light on that one. Frequent Google critic Consumer Watchdog said the settlement failed to end Google’s “most anticompetitive practice”.

    Image via Google

  • Uber: We Don’t Collect Background Location Data, But We Might at Some Point

    Uber: We Don’t Collect Background Location Data, But We Might at Some Point

    On July 15, Uber is putting a new privacy statement into effect, and part of it is raising some eyebrows.

    A few paragraphs down in the new policy, under the heading “Collection of Information”, you’ll find this:

    Location Information: When you use the Services for transportation or delivery, we collect precise location data about the trip from the Uber app used by the Driver. If you permit the Uber app to access location services through the permission system used by your mobile operating system (“platform”), we may also collect the precise location of your device when the app is running in the foreground or background. We may also derive your approximate location from your IP address.

    If that sounds a little weird to you, you’re not alone. Privacy advocates EPIC (Electronic Privacy Information Center) have filed a formal complaint with the Federal Trade Commission over Uber’s stated intentions to collect location data – even when users aren’t actively using the app.

    EPIC also takes issues with Uber’s handling of users’ contacts information, mainly this:

    if you permit the Uber app to access the address book on your device through the permission system used by your mobile platform, we may access and store names and contact information from your address book to facilitate social interactions through our Services and for other purposes described in this Statement or at the time of consent or collection.

    “EPIC urges the Commission to investigate Uber Technologies, Inc., and enjoin its unfair and deceptive data collection practices with respect to Uber’s revised privacy policy that the company plans to implement on July 15, 2015. Specifically, EPIC requests the Commission to initiate an investigation of Uber’s business practices, including the collection personal data from users of location data and contact list and halt Uber’s collection of user location data when it is unnecessary for the provision of the service.”

    Uber provided a statement to Ars Technica, saying that this new policy is simply a clarification and that the company does not collect background data – but it might want to later.

    “There is no basis for this complaint. We care deeply about the privacy of our riders and driver-partners and have significantly streamlined our privacy statements in order to improve readability and transparency. These updated statements don’t reflect a shift in our practices, they more clearly lay out the data we collect today and how it is used to provide or improve our services,” said an Uber spokesperson.

    “We do not currently collect background location data. We may want to start doing that in order to provide new useful features, such as providing faster loading time when the user opens the app (currently, there is a lag time between opening the app and seeing the available cars in your area during which time the app is trying to figure out your location). We are not currently doing this and have no plans to start on July 15. If we move forward with this, users- will be in control and can choose whether they want to share the data with Uber.”

    Image via Uber, Facebook

  • Google’s YouTube Kids App Isn’t That Kid-Friendly According to Consumer Groups

    Google’s YouTube Kids App Isn’t That Kid-Friendly According to Consumer Groups

    In April, a group of consumer advocate groups including The Center for Digital Democracy (CDD), Campaign for a Commercial Free Childhood (CCFC), American Academy of Child and Adolescent Psychiatry, Center for Science in the
    Public Interest, Children Now, Consumer Federation of America, Consumer Watchdog, and Public Citizen called on the Federal Trade Commission to open up an investigation against Google’s YouTube Kids app. The main point of that complaint involved the intermixing of “commercial and other content in ways that are deceptive and unfair to children and would not be permitted to be shown on broadcast or cable television.”

    Basically, these groups alleged that the YouTube Kids app was showing ads to kids.

    Now, CCFC and CDD are reporting that an additional review has surfaced even more disturbing things about the YouTube Kids app – pervasive adult content.

    According to the groups, they were able to find Explicit sexual language presented amidst cartoon animation; Videos that model unsafe behaviors such as playing with lit matches, shooting a nail gun, juggling knives, tasting battery acid, and making a noose; A profanity-laced parody of the film Casino featuring Bert and Ernie from Sesame Street; Graphic adult discussions about family violence, pornography, and child suicide; Jokes about pedophilia and drug use; and Advertising for alcohol products.

    To drive the point home, the CCFC and CDD made a video:

    Is YouTube Kids A Safe Place for Young Children to Explore? from CCFC on Vimeo.

    They’ve sent a letter to the FTC to update their complaint.

    Google claims that YouTube Kids was “built from the ground up with little ones in mind” and is “packed full of age-appropriate videos.” The app includes a search function that is voice-enabled for easy use for preschool children. Google says it uses “a mix of automated analysis, manual sampling, and input from our users to categorize and screen out videos and topics that may make parents nervous.” Google also assures parents that they “can rest a little easier knowing that videos in the YouTube Kids app are narrowed down to content appropriate for kids.”

    Google does not, in fact, “screen out the videos that make parents nervous” and its representations of YouTube Kids as a safe, child-friendly version of YouTube are deceptive. Parents who download the app are likely to expose their children to the very content they believed they would avoid by using the preschool version of YouTube. In addition to the unfair and deceptive marketing practices we identified in our initial request for an investigation, it is clear that Google is deceiving parents about the effectiveness of their screening processes and the content on YouTube Kids.

    A YouTube spokesperson has issued a statement, reiterating that parents can turn off search inside the app.

    “We work to make the videos in YouTube Kids as family-friendly as possible and take feedback very seriously. Anyone can flag a video and these videos are manually reviewed 24/7 and any videos that don’t belong in the app are removed. For parents who want a more restricted experience, we recommend that they turn off search,” says YouTube.

    While it’s true that parents can disable the app’s search function, it is enabled by default.

    And as YouTube’s statement reiterates – much of the content moderation is done by fielding manual reports, at which point Google then yanks offending videos from the app.

    From the get-go, Google admitted that some stuff could slip through the cracks.

    “When your child browses the app’s home screen, they’ll find a vast selection of kid-appropriate channels and playlists. When families search in the app, we use a mix of input from our users and automated analysis to categorize and screen out the videos that make parents nervous. And for added peace of mind, parents can quickly notify YouTube if they see anything questionable directly from the app,” said Google back in February, upon launch of the app.

    Google said this new YouTube Kids app is just a first step – the “first building block in tech for tykes.” We’ve heard for a while that Google is getting more serious about building products and services for kids. If this is the goal, content filtering is going to have to get better.

    Sure, Google presents YouTube Kids as a way for parents to feel safer about their kids watching YouTube.And it’s clear that Google has failed to prevent some adult-themed content from appearing inside the app. But parents can turn off the search function (maybe Google should have it switched off by default?) and in the end, parents should know that no content moderation system is 100% foolproof.

  • FTC: Controversial Wall Street Journal Google Article ‘Misleading’

    FTC: Controversial Wall Street Journal Google Article ‘Misleading’

    On Wednesday, The Wall Street Journal published an inflammatory report under the title “Google Makes Most of Close Ties to White House,” which attempts to make the case that Google was able to sway the outcome of the FTC’s antitrust investigation into the company in 2012.

    The publication recently published a leaked document from the investigation, which appeared to suggest the FTC would take action against the company months before it ultimately settled with Google making a few voluntary concessions. The new report cites numerous meetings between Google execs and top White House and FTC officials as well as Google’s history with the Obama administration and lobbying efforts. The narrative in the report suggests that Google was able to utilize its Washington clout and spending to get itself off the hook.

    The report is certainly worth a read, and does illustrate just how frequently Google is talking to top Washington officials. For example, it says Google employees have visited the White House for meetings with senior officials about 230 times (or about once a week) since the Obama administration has been in office, while one Google lobbyist alone has had over 60 meetings. It compares this to Comcast having only visited the White House about 20 times during that period.

    The FTC is dismissing the report as “misleading” and says it doesn’t contain facts that actually support the case it’s trying to make. When all is said and done, there aren’t really any smoking guns in it. There are a lot of interesting facts, and they don’t look particularly good, but there’s really no proof that shows any of this had a direct influence on the outcome of the antitrust probe. Another interesting tidbit from the report is that Microsoft, the company with the most to gain from antitrust action taken against Google, was the only company that contributed more in campaign donations to Obama’s re-election campaign than Google. The report seems to use campaign donations to support its case that Google was able to buy its way out of FTC action.

    The FTC put out a press release in response to the new media attention the probe is getting, which all stems from Wall Street Journal reports. Here’s what it says:

    The Federal Trade Commission conducted an exhaustive investigation of Google’s internet search practices during 2011 and 2012. Based on a comprehensive review of the voluminous record and extensive internal analysis, of which the inadvertently disclosed memo is only a fraction, all five Commissioners (three Democrats and two Republicans) agreed that there was no legal basis for action with respect to the main focus of the investigation – search. As we stated when the investigation was closed, the Commission concluded that Google’s search practices were not, “on balance, demonstrably anticompetitive.”

    Contrary to recent press reports, the Commission’s decision on the search allegations was in accord with the recommendations of the FTC’s Bureau of Competition, Bureau of Economics, and Office of General Counsel.

    Some of the FTC’s staff attorneys on the search investigation raised concerns about several other Google practices. In response, the Commission obtained commitments from Google regarding certain of those practices. Over the last two years, Google has abided by those commitments.

    The Commission works vigorously to protect consumers and promote competition in the marketplace and does not hesitate to act on behalf of consumers when the facts warrant an enforcement action. In fact, on the same day that it closed the search investigation, the Commission settled a complaint alleging that Google’s conduct with regard to certain standard essential patents constituted unfair methods of competition under the FTC Act.

    Today’s Wall Street Journal article “Google Makes Most of Close Ties to White House” makes a number of misleading inferences and suggestions about the integrity of the FTC’s investigation. The article suggests that a series of disparate and unrelated meetings involving FTC officials and executive branch officials or Google representatives somehow affected the Commission’s decision to close the search investigation in early 2013. Not a single fact is offered to substantiate this misleading narrative.

    Finally, we regret the inadvertent disclosure of confidential documents and information in response to a Freedom of Information Act request. The Commission takes seriously its obligation to maintain the confidentiality of business and other sensitive information provided to the agency by all parties involved in our investigations. We are taking additional steps to ensure that such a disclosure does not occur in the future.

    Note: Neither Commissioner Joshua D. Wright nor Commissioner Terrell McSweeny were at the Commission at the time of the decision on the Google search investigation.

    The WSJ report also includes statements from Google, the FTC, and the White House, as well as Jon Leibowitz, the FTC chairman at the time of the settlement.

    Google said: “We think it is important to have a strong voice in the debate and help policy makers understand our business and the work we do to keep the Internet open, to build great products, and to fuel economic growth.”

    Regarding the FTC document that leaked, Google said: “We understand that what was sent to the Wall Street Journal represents 50% of one document written by 50% of the FTC case teams. Ultimately both case teams (100%) concluded that no action was needed on search display and ranking. Speculation about consumer or competitor harm turned out to be entirely wrong. On the other issues raised, we quickly made changes as agreed with the FTC.”

    The White House said the FTC “is an independent agency and we respect their independent decision-making,” and that “White House officials meet with business executives on a range of issues on a regular basis. These meetings help keep the White House apprised of outside perspectives on important policy issues. Our staff is cognizant that it is inappropriate to discuss issues relating to regulatory enforcement.”

    Leibowitz said he “would never discuss any investigative matter with anyone at the White House, including the Google investigation,” and that, “The FTC is an independent agency and Commissioners take their obligations of independence and confidentiality very seriously.”

    Greg Sterling, who has been reporting on Google antitrust matters for years, writes: “The Rupert Murdoch-owned, editorially conservative Wall Street Journal may have its own reasons for pushing a “conspiracy theory” against the Obama Administration. However, the combination of the internal FTC report and the disclosure of the White House meetings does create at least an appearance of a politically driven outcome.”

    There’s no doubt that many will look to the Journal’s report as a sign that Google can get away with whatever it wants in the U.S. Whether or not that’s actually true is another matter. But like I said before, it doesn’t exactly look good.

    Image via Google

  • Old Report About Old Google Test Ruffles Feathers

    An algorithm change Google probably only used in a limited test roughly eight years ago is apparently the top story in tech this morning. It will likely give Google’s competitors more talking points, but probably won’t make a lot of difference in any other way.

    The Wall Street Journal got its hands on a “previously undisclosed report by staffers at the FTC that reveals new details about how Google Inc. manipulated search results to favor its own services over rivals’ , even when they weren’t most relevant for users.” Here’s the paper’s take on that particular element of the report.

    If you want better context, you’ll find that in Danny Sullivan’s article, which includes his longtime experience covering the search industry, as well as some background information from Google itself.

    The headlines surrounding the story would make you think a bombshell has been dropped, but once you start digging, it becomes far less dramatic. Here’s the dramatic part:

    One way Google favored its own results was to change its ranking criteria. Google typically ranks sites based on measures like the number of links that point to a site, or how often users click on the site in search results.

    But Marissa Mayer, who was then a Google vice president, said Google didn’t use click-through rates to determine the ranking for its own specialized-search sites, because they would rank too low, according to the staff report. Ms. Mayer is now chief executive of Yahoo Inc. A Yahoo spokeswoman didn’t immediately make her available for comment.

    Instead, Google would “automatically boost” its own sites for certain specialized searches that otherwise would favor rivals, the FTC found. If a comparison-shopping site was supposed to rank highly, Google Product Search was placed above it. When Yelp was deemed relevant to a user’s search query, Google Local would pop up on top of the results page, the staff wrote.

    As Sullivan notes, this is the most “alarming” part of what the Journal has uncovered, though I can’t say I’m particularly alarmed.

    As mentioned in the intro, we’re talking about an old report about an algorithm change Google probably only used in a limited test roughly eight years ago. The report itself is from 2012, before the FTC reached a settlement with Google without pursuing legal action.

    As explained in Sullivan’s article, the change Google implemented happened in 2007, and was likely only part of a limited test. We’re talking the days of Froogle. You’d be forgiven if you don’t know that that means because Google hasn’t used that name since 2007. Also, Google maintains it was mainly about not sending users to other search results pages (as in those on other sites), because people don’t want to search for something only to be taken to another page of search results once they’ve already landed on one page of search results. Sullivan writes:

    It seems that in 2006 through 2007, Google decided for some reason that it wanted to demote comparison shopping sites as part of a “diversity” effort. My guess is that it thought listing actual merchants and product pages would be better. However, Google was also making moves at that time to give its then “Froogle” shopping search engine more visibility. It was something that Google raters, people that Google hires to evaluate the quality of its search results, didn’t like.

    Again, it’s unclear if Google did this with live search results that everyone saw or a test service that only raters used. There are suggestions in the footnote that it was a limited test. Regardless, it remains alarming that it specifically went after competitors to create an algorithm designed to demote them, regardless of whether that was in the name of “diversity” or not.

    As he notes, Google has indicated repeatedly in the past that it doesn’t blacklist competitors for competitive reasons. Maybe they haven’t told the whole truth (keeping mind that this was still likely only implemented in a limited test). Maybe Google does need to be called on that. Either way, none of this can really be looked at as something that’s directly related to Google’s current practices post FTC antitrust investigation (not to mention the one in Europe) unless they’re found to be doing it now.

    Yelp (which is specifically mentioned in the report) has been one of the biggest critics of Google when it comes to stuff like this, yet the service is all over Google results. Here’s a quote from CEO Jeremy Stoppelman from last summer:

    “I think obviously, we’ve been competing with Google over many, many years now quite successfully. And we think that by focusing on great content and building, fostering, growing communities continues to be the right strategy. And in fact, where we have the largest communities in the U.S., we’ve seen actually an uptick as a result of the recent Google algorithmic change. They’re constantly making changes and alterations, some of which has been in the media. And most of that really, on a day-to-day basis, doesn’t have a material effect. And so I think fundamentally, we feel that everything is still in good shape. Consumers are flocking to our content. You can see that in our overall traffic growth, and so we’re just going to continue to focus on community building and content quality.”

    Of course there’s always that whole “Competition is a click away” thing too.

    I guess what I’m mainly driving at here is that while the report is mildly interesting, readers should try to keep things in perspective. I’m sure FairSearch and Google’s other competitors will have a field day, but at the end of the day, I really don’t see this as incredibly earth shattering. Cue comments accusing me of working for Google.

    Update: I thought it might also be useful to revisit some quotes from the FTC from when it announced its settlement with Google:

    “The evidence the FTC uncovered through this intensive investigation prompted us to require significant changes in Google’s business practices. However, regarding the specific allegations that the company biased its search results to hurt competition, the evidence collected to date did not justify legal action by the Commission,” said Beth Wilkinson, outside counsel to the Commission. “Undoubtedly, Google took aggressive actions to gain advantage over rival search providers. However, the FTC’s mission is to protect competition, and not individual competitors. The evidence did not demonstrate that Google’s actions in this area stifled competition in violation of U.S. law.”

    The FTC said in a press release:

    “The FTC conducted an extensive investigation into allegations that Google had manipulated its search algorithms to harm vertical websites and unfairly promote its own competing vertical properties, a practice commonly known as “search bias.” In particular, the FTC evaluated Google’s introduction of “Universal Search” – a product that prominently displays targeted Google properties in response to specific categories of searches, such as shopping and local – to determine whether Google used that product to reduce or eliminate a nascent competitive threat. Similarly, the investigation focused on the allegation that Google altered its search algorithms to demote certain vertical websites in an effort to reduce or eliminate a nascent competitive threat. According to the Commission statement, however, the FTC concluded that the introduction of Universal Search, as well as additional changes made to Google’s search algorithms – even those that may have had the effect of harming individual competitors – could be plausibly justified as innovations that improved Google’s product and the experience of its users. It therefore has chosen to close the investigation.”

    Image via Google

  • Yelp: FTC Closes Investigation, Takes No Action

    Yelp announced on Tuesday that the U.S. Federal Trade Commission has closed an investigation into the company’s business practices without taking any action against it.

    Last spring, the FTC published a letter stating that it had received over 2,000 complaints filed against Yelp since 2008. This was made available in response to a Freedom of Information Act request made by The Wall Street Journal. The news caused Yelp’s stock to tank at the time.

    “Yelp strives to provide trustworthy content to consumers,” writes Yelp VP Communications & Public Affairs Vince Sollitto. “For this reason, businesses can’t pay to change their ratings or reviews and our salespeople don’t tell businesses otherwise. We also take aggressive steps to weed out potentially unreliable content, including through our recommendation software.”

    In rather unfortunate timing, we were just tipped to research from Strategy Response finding that Yelp’s review filter is not very good at eliminating biased reviews that appear to violate its own conflict of interest guidelines.

    Sollitto writes, “The FTC looked into our recommendation software, what we say to businesses about it, what our salespeople say about our advertising programs, and how we ensure that our employees are not able to manipulate the ratings and reviews that we display on our platform. After nearly a year of scrutiny, the FTC decided to close its investigation without taking further action. This marked the second time that the FTC had looked at our advertising practices and ended its inquiry without further action.”

    However, little has changed with the narrative told by business owners in Internet comments accusing Yelp of holding positive reviews hostage with advertising as the ransom. As Yelp points out time and time again (because for some reason it keeps having to do so), such allegations have never been proven, and there has never been a successful lawsuit against the company alleging such actions.

    It remains Yelp’s word versus that of angry business owners. It’s rare that we publish an article about Yelp without getting some amount of comments talking about this.

    Just before the holidays one reader commented, “I kept seeing the articles about Yelp and it’s biz practices on WebProNews, but wasn’t affected or sure what to think. Low and behold – Yelp reached out and asked our business to advertise with them. Once we did not, they pinned a poor review that is several months old towards the top of our page. Newer, better reviews are constantly written, yet the older, poorer one doesn’t drop down.”

    Again, it’s Yelp’s word versus theirs, and we have no way of verifying the legitimacy of such a comment, but these kinds of comments have just not shown any sign of letting up. Either way, it looks like the government is on Yelp’s side on this one.

    The FTC did fine the company $450,000 in September for violating the Children’s Online Privacy Protection Act.

    Image via Yelp

  • FTC Settles Charges Against Snapchat

    FTC Settles Charges Against Snapchat

    The U.S. Federal Trade Commission announced on Wednesday that it has approved a final order settling charges that Snapchat deceived consumers with promises about the disappearing nature of messages sent through its service. This follows a public comment period.

    The FTC’s complaint was announced in May. It also alleged that Snapchat deceived consumers over the amount of personal data it collected and the security measures it took to protect data. The commission said in its announcement on Wednesday:

    The settlement with Snapchat is part of the FTC’s ongoing effort to ensure that companies market their apps truthfully and keep their privacy promises to consumers. It prohibits Snapchat from misrepresenting the extent to which it maintains the privacy, security, or confidentiality of users’ information. In addition, the company will be required to implement a comprehensive privacy program that will be monitored by an independent privacy professional for the next 20 years.

    “If a company markets privacy and security as key selling points in pitching its service to consumers, it is critical that it keep those promises,” said FTC Chairwoman Edith Ramirez. “Any company that makes misrepresentations to consumers about its privacy and security practices risks FTC action.”

    The terms of the settlement don’t appear to include any financial hit to the company. Snapchat will be required to comply with obligations including a privacy program for the next twenty years. This is basically in line with measures taken against Google and Facebook in the past.

    Image via Snapchat, Facebook

  • FTC Doesn’t Like When You Ask Employees To Tweet Promotional Content Without Disclosure

    Ad agencies may want to steer clear of asking employees to post positive messages about clients without disclosing their affiliation with campaigns. The Federal Trade Commission may not take too kindly to it.

    Last week, Sony Computer Entertainment America reached a settlement with the FTC over charges that it deceived consumers with false advertising claims about the “game changing” technological features of its PlayStation Vita back in 2011 and 2012.

    The FTC also revealed a complaint against Deutsch LA, which was Sony’s agency for the campaign. Here’s what the FTC had to say about that:

    The FTC’s complaint against Deutsch LA charges the company with similarly misleading consumers through ads that it created touting the PS Vita’s cross-platform gaming and 3G features.

    The Commission also alleges that Deutsch LA misled consumers with deceptive product endorsements for the PS Vita. Specifically, the agency used the term “#gamechanger” in its ads to direct consumers to online conversations about Sony’s console on Twitter. About a month before the gaming console was launched, one of Deutsch LA’s assistant account executives sent a company-wide email to staff asking them to help with the ad campaign by posting comments about the PS Vita on Twitter and using the same “#gamechanger” hashtag, according to the complaint.

    In response to the company-wide email, various Deutsch LA employees posted positive tweets about the PS Vita to their personal Twitter accounts, without disclosing their connection to Deutsch or Sony, the FTC alleged. The FTC has charged that the tweets were misleading, as they did not reflect the views of actual consumers who had used the PS Vita, and because they did not disclose that they were written by employees of Deutsch LA.

    It’s not exactly surprising that the FTC would frown upon this kind of thing. It’s pretty much in line with the Commissions guidelines on disclosure. Still, there are likely many others doing exactly the same thing.

    AdWeek reports:

    PlayStation is no longer a Deutsch account; BBH has handled the video game company since 2013. And, the agency told Adweek, under the terms of the settlement, Deutsch L.A. did not admit to breaking any law and decided to resolve the case in order to skip prolonged legal battles.

    It’s unclear to what extent the FTC might be cracking down on these practices, as this appears to have been a single complaint related to a case against a major company it was already investigating. Still, you might want to think twice before asking employees to tweet promotional content on behalf of companies and clients without disclosure.

    Image via Sony

  • Report: FTC Is Concerned About Google’s DoubleClick

    Google purchased DoubleClick back in 2007. While it was enough to draw heavy scrutiny from the Federal Trade Commission, the FTC ultimately gave the deal a greenlight as it couldn’t find any grounds to prevent it from going through.

    That was not without stipulation, however.

    The FTC said at the time, “The markets within the online advertising space continue to quickly evolve, and predicting their future course is not a simple task. Accounting for the dynamic nature of an industry requires solid grounding in facts and the careful application of tested antitrust analysis. Because the evidence did not support the theories of potential competitive harm, there was no basis on which to seek to impose conditions on this merger. We want to be clear, however, that we will closely watch these markets and, should Google engage in unlawful tying or other anticompetitive conduct, the Commission intends to act quickly.”

    The emphasis above is ours, but it’s that part that’s come into question. You can read the FTC’s whole statement here.

    Digiday has a lengthy report about how media buyers say Google is using its DoubleClick Ad Exchange as leverage in negotiations in getting them to use DoubleClick Bid Manager. Digiday’s John McDermott reports:

    Executives at media agencies told Digiday that Google is now trying to coerce them to use the two ad tech components together, effectively selling them as a single product in an industry practice referred to as “tying.” Specifically, Google is demanding that ad impressions bought on DoubleClick Ad Exchange, or AdX, be bought using DoubleClick Bid Manager, or DBM, if they are to count toward satisfying the agencies’ buying agreements with Google. That is, Google will not recognize AdX impressions that are not bought via DBM.

    The move calls into question the various roles Google plays in the digital advertising system it dominates. Google is the operator of the largest ad exchange, AdX, while also operating a leading DSP, namely, DBM. Pressuring ad buyers to use them together raises questions about fair play since Google can effectively use access to AdX to limit competition within the DSP market.

    McDermott also says the publication has been told by different ad tech companies that the FTC has been asking them (this year) about whether or not they think Google is abusing its power in relation to DoubleClick. While the FTC hasn’t launched a formal investigation as far as anybody knows, it would seem that it has been poking around, which could mean that one is on the horizon.

    The FTC is not publicly commenting on the matter, and Google has said it’s not aware of a probe.

    Image via DoubleClick

  • Unlimited Data Plan Scam Causing FTC To Sue AT&T

    AT&T is being sued by the Federal Trade Commission (FTC) for misleading their customers into believing that they were receiving an “unlimited data plan” when they were really having their internet speeds decreased by up to 90 percent.

    On Tuesday, October 28, the FTC filed a complaint against the company at the U.S. District Court in San Francisco, California, explaining that they were convincing customers to take part in a more expensive unlimited plan and then would decrease the Internet speed to resemble that of dial up.

    The customers were not being notified of the change in Internet speed and the decreased speed caused many of their smartphone apps- GPS, streaming videos and music, and Internet browser- to run slowly or not at all.

    “AT&T promised its customers ‘unlimited’ data, and in many instances, it has failed to deliver on that promise,” FTC Chairwoman Edith Ramirez said in a statement. “The issue here is simple: ‘unlimited’ means unlimited.”

    “Even as unlimited plan consumers renewed their contracts, the company still failed to inform them of the throttling program,” the statement continued. “When customers canceled their contracts after being throttled, AT&T charged those customers early termination fees, which typically amount to hundreds of dollars.”

    AT&T, the second largest cellular carrier, has of course denied the accusations.

    “The FTC’s allegations are baseless and have nothing to do with the substance of our network management program,” AT&T senior executive vice president and general counsel Wayne Watts said in a statement.

    “It’s baffling as to why the FTC would choose to take this action against a company that, like all major wireless providers, manages its network resources to provide the best possible service to all customers, and does it in a way that is fully transparent and consistent with the law and our contracts,” he added.

  • Yelp Pays FTC $450K After Child Privacy Violation

    Yelp reached a settlement with the U.S. Federal Trade Commission over the violation of child privacy law. The company had enabled kids under 13 (some even 9 and under reportedly) to sign up for its service, collecting their email addresses with parental consent. This apparently went on from 2009 to 2013.

    Yelp paid a reported $450,000 fine.

    According to ComputerWorld, the FTC brought the complaint against Yelp on Tuesday, saying it had violated “a number of rules, including the Children’s Online Privacy Protection Act”.

    The company blamed the issue on a bug. Yelp’s VP of Communications and Public Affairs, Vince Sollitto, shared this statement on the company’s blog:

    Yelp recently reached a settlement agreement with the Federal Trade Commission regarding a bug in our mobile registration process that allowed certain users to register with any birth date when it was supposed to disallow registrations from individuals under 13 (birthdates on Yelp are optional in the first place, so users are always free to register without one).

    The good news is that only about 0.02% of users who actually completed Yelp’s registration process during this time period provided an underage birth date, and we have good reason to believe that many of them were actually adults. Regardless, we don’t want any ambiguity when it comes to our users. When this problem was brought to our attention, we fixed it immediately and closed the affected users’ accounts.

    Yelp doesn’t promote itself as a place for children, and we certainly don’t expect or encourage them to write reviews about their plumbers, dentists, or latest gastronomic discoveries. We’re glad to have been able to cooperate with the FTC to get to a quick resolution and look forward to continuing our efforts to protect our users.

    The settlement follows others from Google and Apple related to those companies enabling children to make in-app purchases without parental consent. Amazon has also been dealing with a similar situation.

    Image via Thinkstock

  • FairSearch Shares Panel Videos About Google Probe

    The FairSearch coalition convened this week in Washington D.C. for a panel to discuss U.S. and EU competition policies, and the next steps in the European Google investigation.

    The panel criticized the FTC’s investigation, which led to a settlement with Google that competitors found unfavorable, as well as antitrust issues, and the potential for future action by the EU, U.S., and other regulators.

    Speakers include: Gary Reback, Of Counsel, Carr & Ferrell, Menlo Park, Calif; Allen Grunes, Co-Founder, The Konkurrenz Group; Allen Rosenfeld, Senior Vice President of M&R Strategic Services; and Seth Bloom, Bloom Strategic Counsel.

    fairsearch 1 from FairSearch.org on Vimeo.

    fairsearch 2 from FairSearch.org on Vimeo.

    fairsearch 3 from FairSearch.org on Vimeo.

    fairsearch 4 from FairSearch.org on Vimeo.

    Image via FairSearch