● NEWS ● #CommonDreams #MassSurveillance #Privacy ☞ 'Until the #FTC Acts, No One Is Safe': Groups Urge Ban on Corporate Facial #Surveillance https://www.commondreams.org/news/2021/07/29/until-ftc-acts-no-one-safe-groups-urge-ban-corporate-facial-surveillance
● NEWS ● #Techdirt ☞ The #FTC Is Driving Away Good Economists In Favor Of Political Henchmen https://www.techdirt.com/articles/20210726/09143147249/ftc-is-driving-away-good-economists-favor-political-henchmen.shtml
Restricting consumers and businesses from choosing how they repair products can substantially increase the total cost of repairs, generate harmful electronic waste, and unnecessarily increase wait times for repairs. In contrast, providing more choice in repairs can lead to lower costs, reduce e-waste by extending the useful lifespan of products, enable more timely repairs, and provide economic opportunities for entrepreneurs and local businesses. - Policy Statement on Repair Restrictions Imposed by Manufacturers and Sellers by US Federal Trade Commission (FTC)
#righttorepair #ftc #law #justice #electronics #hacking #economy #economics #economy #eco #engineering #e-waste
● NEWS ● #NewYorkTimes #Monopolies ☞ The #FTC asks for an extension to refile its #Facebook #antitrust suit. https://www.nytimes.com/2021/07/23/technology/ftc-facebook-antitrust-lawsuit.html
● NEWS ● #Wired ☞ The #FTC Votes Unanimously to Enforce #RightToRepair https://www.wired.com/story/ftc-votes-to-enforce-right-to-repair/
#FTC Formally Embraces #RightToRepair As Movement Goes Mainstream https://www.techdirt.com/articles/20210722/07494247221/ftc-formally-embraces-right-to-repair-as-movement-goes-mainstream.shtml
In a colossal win for the Right to Repair movement, the Federal Trade Commission (FTC) has published a statement where it unanimously approved the prioritization of aggressive action against manufacturers who impose unfair repair restrictions on individuals and independent repair shops.
The statement follows an executive order from President Joe Biden that asked the FTC to review new regulations that would empower customers. For those unfamiliar, the short video below explains the concept of Right to Repair in less than 60 seconds.
As noted in previous coverage, the Right to Repair movement has been championed by tech advocates, many media groups, and outlets like iFixit. In particular, iFixit has been one of the loudest voices in the movement and believes that everyone who owns a product has the right to repair it. The movement does not just encompass the right to repair owned products but expands to preventing companies from making access to equipment or resources proprietary. iFixit notes that the automobile industry tried to block the independent repair of vehicles, but that motion failed in 2012. Similarly, the idea of a “locked” cell phone to a particular carrier was overturned and made legal in 2018.
The FTC's statement today notes that the government agency agrees with tech advocates and repair houses and says that the idea of restricting customers and businesses from choosing how they repair products can substantially increase the total cost of repairs, generate harmful electronic waste, and unnecessarily increase wait times for repairs.
"In contrast, providing more choice in repairs can lead to lower costs, reduce e-waste by extending the useful lifespan of products, enable more timely repairs, and provide economic opportunities for entrepreneurs and local businesses," the FTC writes.
One of the major ways that manufacturers like Apple prevent independent repair of devices is by restricting access to the parts necessary to make those repairs. The FTC specifically has called out this action as one that it finds disagreeable.
"The Commission uncovered evidence that manufacturers and sellers may, without reasonable justification, be restricting competition for repair services in numerous ways including: …asserting patent rights and enforcement of trademarks in an unlawful, overbroad manner; disparaging non-OEM parts and independent repair; using unjustified software locks, digital rights management, and technical protection measures; and imposing restrictive end user license agreements."
In a blog post summarizing the announcement, iFixit writes that the FTC's statement should send a clear signal that the tide has turned against anti-repair manufacturers. Despite the considerable lobbying force of these billion-dollar corporations, the FTC has found the actions to be in violation of its policies.
"If manufacturers continue to restrict independent repair, they could find themselves on the wrong end of an FTC enforcement action, and on the hook for sizable penalties," iFixit writes.
iFixit plans to continue to urge the FTC to take more action against anti-repair manufacturers and create new rules that prohibit unfair and deceptive repair restrictions that it says hurt device owners and stifle competition in the repair market.
The FTC admits that in the past, focusing on unlawful repair restrictions has not been a priority for them, but that changes today.
"The Commission has determined that it will devote more enforcement resources to combat these practices. Accordingly, the Commission will now prioritize investigations into unlawful repair restrictions under relevant statutes such as the Magnuson-Moss Warranty Act and Section of the Federal Trade Commission Act."
Image credits: Header photo licensed via Depositphotos.
#culture #industry #news #apple #federal #federaltradecommission #ftc #ifixit #landmark #repair #repairshops #righttorepair #ruling
The antitrust push targeting Facebook hit a significant roadblock on Monday when a federal court dismissed antitrust lawsuits that the Federal Trade Commission (FTC) and 48 states had filed against the tech giant.
The dismissal is a major win for Facebook, which — along with Amazon, Apple, and Google — has been facing increasing scrutiny about whether it’s engaging in monopolistic behavior to stifle its competition. It’s also a major setback for the growing bipartisan political movement in the US to rein in Big Tech’s power. And it signals that the path forward for antitrust enforcement against these companies may require lawmakers to revisit existing US antitrust law, which had its last major overhaul in the early 1900’s — well before the internet age.
Matt Stoller has analysis here: https://mattstoller.substack.com/p/facebook-hits-1-trillion-in-market
Interpretation is complicated. My read is that the judge may be doing the DoJ a favour, effectively saying "you've got a good foundation but you're making a poor case, here's a one-month extension to improve your argument". Though there's also the matter that the judge appears to be applying more a Borkian than a Khanian interpretation of antitrust and monopoly, with Bork's focus on "consumer welfare" being the standard.
This is the first big move under Lina Khan's tenure as FTC chairwoman, though this case isn't directly an FTC action (it's a DoJ case, though DoJ and FTC would presumably work together in such matters).
#facebook #antitrust #monopoly #ftc #lawsuits #LinaKhan #doj #ftc #courts #MattStoller
Lina Khan, a prominent critic of Big Tech, has been named chairwoman of the Federal Trade Commission (FTC), a White House spokesperson confirmed Tuesday.
The update comes just hours after the Senate voted to confirm the 32-year-old to the agency in a 69-28 vote.
The designation as chairwoman will give Khan greater authority at the FTC at a time when the agency is pursuing an antitrust case against Facebook and as lawmakers look to revamp laws to give the agency greater authority to rein in the market power of tech giants. ...
https://thehill.com/policy/technology/558584-lina-khan-named-chair-of-the-ftc
Khan made a splash several years ago with her law article "Amazon's Antitrust Paradox" (2017). Her view on monopoly and antitrust marks a sharp departure from the strict "consumer welfare" standard of "Saturday Night Massacre" Robert Bork, the Nixon Administration Solicitor General famous for firing Watergate Special Prosecutor Archibald Cox after both the Attorney General and Assistant Attorney General resigned rather than do so. Bork's doctrine itself grew from a long and deliberate campaign for change born at the University of Chicago under Aaron Director.
Some republican senators were clearly not paying attention. (Or perhaps tech company lobbyists simply aren't paying them enough.)
The Senate on Tuesday confirmed Lina Khan to the Federal Trade Commission, elevating one of the tech industry’s most prominent antitrust critics to the government’s top Silicon Valley watchdog.
The vote was 69-28 in a Senate split 50-50 between Democrats and Republicans, signaling the growing bipartisan interest in reining in large tech companies’ power, just days after House lawmakers from both parties unveiled a series of bills that could force Silicon Valley companies to change their business practices and in the most severe cases, break the companies up.
Khan, who is aligned with the liberal wing of the Democratic Party, is well-known for her 2017 paper, “Amazon’s Antitrust Paradox,” which argued that decades-old antitrust laws aren’t equipped to deal with the e-commerce giant and the unique ways it exerts its dominance. (Amazon founder and CEO Jeff Bezos owns The Washington Post.) [emphasis mine]
[You're tellin' me that at least 19 GOP senators voted a liberal democrat onto the FTC? They must not have been paying attention.]
Khan previously worked as a counsel for the House Judiciary’s antitrust panel, where she helped lead an investigation into the tech giants. That probe’s findings of monopoly-style tactics and anti-competitive behavior at Facebook, Google, Apple and Amazon gave rise to the recent bills introduced by House lawmakers.
During her confirmation hearing, she signaled she would take a tough line on regulating tech giants. She said that in the past few years, new evidence has come to light showing there were “missed opportunities” for enforcement actions against tech companies under the Obama administration. She also said new findings show the FTC must be “much more vigilant” when it comes to large acquisitions in digital markets.
Khan also said she was particularly concerned about the ways in which large companies use their dominance in one market to give them an upper hand in others, an issue under intense scrutiny by Congress.
[What?? Using "their dominance... to give them an upper hand" is the very essence of capitalism. Does the GOP know what they're supporting?]
Khan is one of several critics of big tech that Biden has brought into his administration. Tim Wu, who has called for antitrust action against the tech giants, works on competition and technology policy on the National Economic Council. Vanita Gupta, who has criticized big tech’s civil rights record, is now associate attorney general at the Justice Department.
But Biden has yet to put forth nominees for other key tech enforcement positions in the administration, and it’s unclear if he will elevate people more aligned with Khan or more business-friendly Democrats. Nearly five months into his term, Biden has not yet announced his nominee for the top spot in the Justice Department antitrust division, or to fill a vacancy at the Federal Communications Commission.
Khan’s confirmation gives Democrats a 3-2 majority at the FTC, as she joins acting chairwoman Rebecca Kelly Slaughter and Chopra. But Chopra is awaiting a Senate vote on his nomination to lead the Consumer Financial Protection Bureau. If he’s confirmed, Biden would have another FTC vacancy to fill, and until then, the commission would be deadlocked between Democrats and Republicans.
Khan is joining the agency amid growing concerns over whether it has adequate powers and resources, particularly to take on technology giants. The Senate recently passed a bill that would increase funding for the agency by overhauling merger filing fees, and House lawmakers introduced similar legislation as part of their package targeting large tech companies.
Advocates for greater enforcement of antitrust law said Khan’s confirmation signals a turning point for the agency.
“Her presence on the FTC marks the beginning of the end of an era of lawlessness for powerful corporations that they’ve enjoyed at the expense of workers, smaller businesses, and democracy," said Sarah Miller, executive director of the American Economic Liberties Project.
Tech industry groups criticized the Senate’s vote. Netchoice, which counts Amazon, Facebook and Google among its members, said it was “disheartened” by the confirmation, and warned that Khan’s positions on antitrust issues could harm the United States economically.
“Lina Khan’s antitrust activism detracts from the Federal Trade Commission’s reputation as an impartial body that enforces the law in a non-discriminatory fashion," Netchoice said in a statement.
More antitrust activity is expected in the Senate on Tuesday afternoon, as the Senate Judiciary antitrust panel is set to host a hearing on competition issues related to connected home devices. Executives from Sonos, Apple and Google are expected to testify, as well as academics.
Sen. Amy Klobuchar (D-Minn.), the panel’s chair, said the hearing would examine an emerging market dynamic, “where only a handful of powerful companies dominate.”
#USA #Business #Tech #FTC #Khan #USSenate
https://www.washingtonpost.com/technology/2021/06/15/khan-ftc-confirmation-vote/
...President Biden on Monday nominated Khan to the Federal Trade Commission, an agency tasked with enforcing competition laws. She is the splashiest addition to Biden's growing roster of Big Tech critics, including fellow Columbia Law School professor Tim Wu, who announced earlier this month he would join the National Economic Council.
The news suggests the White House is preparing for a showdown with the tech industry at a time when federal and state regulators are already pursuing investigations and lawsuits challenging the dominance of Amazon, Apple, Facebook and Google. Biden has also called for the repeal of Section 230 of the Communications Decency Act, a legal shield for Internet platforms that has come under fire from both Democrats and Republicans. ...
#LinaKhan #TimWu #FTC #antitrust #monopoly #uspol #regulation #WelcomeChange
The fine represents the largest ever imposed by the FTC against a tech company. Previously, the agency’s largest fine against a tech company came in 2012 when Google agreed to pay a $22.5 million penalty due to its privacy practices.
A billion here, a billion there, and pretty soon you're talking about real money.
#facebook #privacy #ftc #technology #business
Facebook to be slapped with $5 billion fine for privacy lapses, says WSJ
