Showing archive for: “Privacy & Data Security”
The EU Is Determined to Tear Down Apple’s ‘Walled Garden’
Last month’s decision by the European Commission fining Apple for breach of the Digital Markets Act’s (DMA) anti-steering provisions was just the latest in a series of EU attempts to open the iOS platform in order make it ostensibly more “fair” and “contestable.” But what it also made clear is that the Commission is no ... The EU Is Determined to Tear Down Apple’s ‘Walled Garden’
A First Take on the European Commission’s DMA Decision Against Meta
The European Commission issued a significant noncompliance decision earlier today, finding the “consent or pay” model that Meta implemented from March 2024 to November 2024 for its Facebook and Instagram services breached key obligations imposed on designated gatekeepers under the Digital Markets Act (DMA). Accompanied by a €200 million fine, the decision concluded that Meta’s ... A First Take on the European Commission’s DMA Decision Against Meta
Google and Apple Determinations Show How Little Users Matter Under the DMA
Following up the initial implementation of the EU’s Digital Markets Act (DMA), which included such “successes” as the first porn app on iOS and diverting revenues away from hotels to online intermediaries, last week’s European Commission determinations regarding Alphabet and Apple once again demonstrate that the direct interests of users—including their privacy and security—remain an ... Google and Apple Determinations Show How Little Users Matter Under the DMA
Five Key Lessons from Abroad for the UK CMA’s Google Search Probe
In the first investigation conducted under the new ex-ante regulatory framework established by the Digital Markets, Competition and Consumers Act (DMCC), the United Kingdom’s Competition and Markets Authority (CMA) is seeking to ascertain whether Google has “strategic market status” (SMS) in the search and search-advertising-services markets. The CMA is also tasked with weighing whether ex-ante ... Five Key Lessons from Abroad for the UK CMA’s Google Search Probe
The DMA’s Challenge to User Safety: Lessons from Apple’s Porn App Controversy
A recent controversy over pornographic apps being downloaded to iPhones in the European Union illustrates a fundamental tension in the EU’s Digital Markets Act (DMA): the conflict between mandated openness and established user-safety expectations. While the DMA aims to promote competition and user choice, the recent case of the pornographic-video app Hot Tub, distributed to ... The DMA’s Challenge to User Safety: Lessons from Apple’s Porn App Controversy
Perspectives on Industrial Policy: An Interview with Peter Craddock
You had a recent post on LinkedIn that offered a critical analysis of the European Data Protection Board’s (EDPB) August 2024 consent-or-pay opinion, highlighting concerns about its effects on the freedom to conduct business. The decision was part of a larger context of developments in the European Union that, at least in the United States, ... Perspectives on Industrial Policy: An Interview with Peter Craddock
Kids and Online Safety: An International End-of-Year Review
As the year comes to a close, it is worth reviewing how governments around the world—including at both the state and federal level in the United States—have approached online regulation to protect minors. I will review several of the major legislative and regulatory initiatives, with brief commentary on the tradeoffs involved in each approach. Age ... Kids and Online Safety: An International End-of-Year Review
AI Hallucinations, GDPR, and the Importance of Cautious Optimism
The General Data Protection Regulation (GDPR), the EU’s data-protection law, requires accuracy in processing personal data. But generative-AI services, such as large language models (LLM), may “hallucinate” or reflect information that is false but widely spread. On one hand, such inaccuracies may seem like an inherent feature of the technology. On the other, some major ... AI Hallucinations, GDPR, and the Importance of Cautious Optimism
DOJ’s Not-so-Modest Proposal
The U.S. Justice Department (DOJ) late last month filed its much-anticipated initial proposed final judgment in the Google Search antitrust case. The proposal—to use a bit of baseball parlance—swung for the fences. Maybe they’ll get a hit, or maybe even a home run. Or not. Dodgers superstar Shohei Ohtani hit a whopping 54 home runs ... DOJ’s Not-so-Modest Proposal
Should the GDPR Prohibit AI?
The European Data Protection Board’s (EDPB) Nov. 5 stakeholder consultation on AI models and data protection—organized to gather input for an upcoming Irish Data Protection Commission opinion under Article 64(2) of the General Data Protection Regulation (GDPR)—showcased significant lingering disagreement on how the GDPR should apply to AI. While the event was not intended to ... Should the GDPR Prohibit AI?
Weighing DOJ’s Proposed Remedies for Google’s Monopolization
The U.S. Justice Department (DOJ) has proposed remedies to a federal judge who held that Google illegally monopolized web search. In reviewing the DOJ’s recommendations, the judge should take into account the downsides of particular remedies, as well as their potential benefits. The judge should be careful not to impose remedies that could reduce innovation ... Weighing DOJ’s Proposed Remedies for Google’s Monopolization
The View from Japan: A TOTM Q&A with Sayako Takizawa
Sayako, could you please tell us a bit about your background and area of specialization? I’m a professor at the University of Tokyo, teaching Japanese competition law and policy. How did you become interested in competition law and digital-competition regulation? I’ve been interested in the dynamics and history surrounding the regulation of freedom of trade. ... The View from Japan: A TOTM Q&A with Sayako Takizawa
