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Bipartisan Senate Panel Approves Restrictions on Big Tech Companies

Image from Unsplash, White Caption by Mish

A bipartisan group of Senators advanced the American Innovation and Choice Online Act despite reservations. 

The bill would prohibit tech platforms from “favoring their own products or services, disadvantaging rivals, or discriminating among businesses that use their platforms in a manner that would materially harm competition on the platform.” It would also forbid dominant platforms from preventing interoperability with other services and from leveraging another company’s data on the platform to compete against them.

To accomplish its goals, the American Innovation and Choice Online Act would empower antitrust enforcers with “strong, flexible tools,” including “civil penalties, authority to seek broad injunctions, emergency interim relief, and potential forfeiture of executive compensation.”

Big Tech Weighs In

In a blog post, Google weighs in with The Harmful Consequences of Congress’s Anti-Tech Bills.

These changes concede every concern that has been raised about the bill — and solve none of them. For example, the amendment acknowledges the real security flaws in the bill by saying that platforms won’t be forced to share user data with companies on the U.S. sanctions list. But it says nothing about provisions that could require sharing data with countless other bad actors and foreign companies. The bill still covers leading American companies, while giving a free pass to foreign companies. It still includes all the provisions that hamper our ability to offer security by default on our platforms, exposing people to phishing attacks, malware and spammy content. And it still includes the provisions that could prevent us from providing consumers and businesses useful, free services. In fact, the amendment seems to punish free services in favor of services consumers have to pay for, as it seems to exempt “fee for subscription services” (like Microsoft’s subscription-based software). This raises its own set of troubling issues, would hurt consumers who benefit from free services, and doesn’t address the bill’s real problems.

Every day, millions of Americans use online services like Google Search, Maps and Gmail to find new information and get things done. Research shows these free services provide thousands of dollars a year in value to the average American, and polls show that 90% of Americans like our products and services.

However, legislation being debated in the House and Senate could break these and other popular online services, making them less helpful and less secure, and damaging American competitiveness. We’re deeply concerned about these unintended consequences.

Antitrust Could Hurt U.S. in China Tech Race

Axios comments Ex-Intel Officials Claim Antitrust Could Hurt U.S. in China Tech Race.

Twelve former top U.S. national security officials are urging Congress to hit pause on a package of antitrust bills in order to consider how breaking up tech companies could harm the U.S. in its competition with China, according to a letter obtained by Axios.

The big picture: Former Defense Secretary Leon Panetta and former Director of National Intelligence Dan Coats are among those arguing that imposing severe restrictions solely on U.S. giants will pave the way for a tech landscape dominated by China — echoing a position voiced by the Big Tech companies themselves.

What they’re saying: In its quest to “undermine U.S. influence” and become “the world’s leading innovator,” the Chinese government employs policies designed to “create and support ‘national champion’ technology companies,” the former officials wrote in a letter to House Speaker Nancy Pelosi and Minority Leader Kevin McCarthy.

Senate Reservations

The Wall Street Journal reports Senate Panel Approves Antitrust Bill Restricting Big Tech Platforms

The legislation “is specifically designed to target a small number of specific companies, most of which are headquartered in my home state,” said Sen. Dianne Feinstein, who criticized elements of the bill along with fellow California Democratic Sen. Alex Padilla. “It’s difficult to see the justification for a bill that regulates the behavior of only a handful of companies while allowing everyone else to continue engaging in that exact same behavior.”

Despite their reservations, both California senators voted “yes” to advance the bill.

But Ms. Feinstein’s concerns foreshadowed hurdles ahead. Another California Democrat, House Speaker Nancy Pelosi, hasn’t brought similar antitrust legislation up for a vote amid divisions within her caucus, and lawmakers have limited time to resolve differences before midterms campaigns accelerate later this year.

The top Republican on the judiciary panel’s antitrust subcommittee, Sen. Mike Lee of Utah, said he shared concerns about monopoly power in the tech industry but worried the bill was written too broadly and could cause “collateral damage.”

“It may actually entrench the very four companies at which it is aimed by creating a strong incentive to simply cease doing any business with third parties,” Mr. Lee said. “This could crush thousands of small businesses, and it could actually worsen the state of competition in online markets.”

Amazon has said it might not be able to let other businesses sell on its marketplace. Google says it might not be able to feature Google Maps in search results. Apple says the bill could undermine its ability to force third-party apps to get permission before collecting data on iPhone users—a concern Sen. Ted Cruz (R., Texas) said he heard personally from Apple Chief Executive Officer Tim Cook. 

What About Competition?

Despite widespread fantasy, there is actually a huge amount of competition. 

The big tech companies are all competing against each other. For example, Amazon is into cloud services sparring with Google and Microsoft. 

Apple and Google spar all the time. Android phones directly compete against Apple. On and off, Apple is into self-driving car technology. 

This competition adds tremendous innovation.

What Will Biden Do?

Undoubtedly, Biden will do whatever Elizabeth Warren says.

And if don’t know what that is, here’s a hint: Break Up Big Tech by Elizabeth Warren.

“Today’s big tech companies have too much power—too much power over our economy, our society, and our democracy.” – Elizabeth Warren

That tells you where this is headed and what the real goal is. 

Elizabeth Warren May as Well Be President, She Makes All Biden’s Calls

Please recall Elizabeth Warren May as Well Be President, She Makes All Biden’s Calls

Biden names another pick for the Fed today. Warren nods approval.

Joe Biden’s nominee for the Comptroller of the Currency Saule Omarova on oil, coal and gas industries: “We want them to go bankrupt if we want to tackle climate change.”

 Omarova’s position on energy ties in perfectly with Warren’s position

Omarova, Biden’s Bank Regulatory Nominee Espouses Helicopter Money and Praises the Old USSR

Warren is Marxist to the core as is Omarova. 

Biden is not bright enough to find these picks on his own accord. Warren is feeding Biden the picks. 

Is It Good for the Consumer?

Consumers have spoken. People like Amazon, Google, Apple, Microsoft, Facebook, etc. That’s why they use them.

Google has the dominant search engine because people like it. People like Google Maps.

In addition, we have the intelligence concerns and the well-stated concerns of “collateral damage” by Senator Lee of Utah.

I side with consumers, free markets, Amazon, Google, Apple, Microsoft, the intelligence committees, and Senator Lee. 

I stand  against the Progressives led by Elizabeth Warren.

There is a reason these companies all exist in the US: The US has the best and brightest minds and among the most open markets for those minds to flourish.

These companies do not exist in the EU because the EU nannycrats would bust them up in the name of competition before they ever achieved success. 

This article originally appeared on MishTalk

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25 Comments
Newest
Oldest Most Voted
km72
km72
4 years ago
“Despite widespread fantasy, there is actually a huge amount of competition.
The big tech companies are all competing against each other. For example, Amazon is into cloud services sparring with Google and Microsoft.
Apple and Google spar all the time. Android phones directly compete against Apple. On and off, Apple is into self-driving car technology.”
You think 2 or 3 companies competing against one another in these markets is a “huge amount of competition”???  That’s an oligopoly, and it’s definitely not a competitive market.
Webej
Webej
4 years ago
would hurt consumers who benefit from free services
What a hoot. Nothing is free. People need to start enumerating the costs.
One of the costs is that they do the government’s bidding and collude on the same blacklists and censorship.
The past years have seen a historically unprecedented grip on discussion and narratives world-wide, propaganda/censorship more thorough than any regime before it could even dream of.
  • The situation could not be further from free or free-market.
  • Without concrete counter proposals, it is enough to observe Big Tech has brought a hitherto unknown global concentration of capital and narrative control.
  • Their incontestable influence on elections alone should be alarming.
TomTheBozo
TomTheBozo
4 years ago
Reply to  Webej
I guess this applies to a great many items in our economy?  In my area, there is but one ( if I’m lucky two ) cable providers.  What about the MLB or the NFL?  Why do I need to get the approval of the NFL to start my own franchise?  I would argue there is more competition amongst the tech companies than the industries I just listed and I’m sure I don’t know them all.
In the end, I’m not knowledgeable enough at the moment to determine what constitutes ample competition and wether an industry in violation.
Cocoa
Cocoa
4 years ago
Google basically has cornered the market on ad servers, but all else is somewhat competitive. Facebook, Linked In, Apple have no traction in the paid ad markets compared to google.
dmartin
dmartin
4 years ago
You know all this talk about how China bad with their regulatory crackdown on antimonopoly…..here we have the same thing and nobody calls it a crackdown….so should we expect a 50% correction in tech stock like China? Just shows the hypocrisy  if we dont.
KidHorn
KidHorn
4 years ago
It’s true that the major tech companies compete in many areas. The problem is when they join forces to stop new competitors. What happened to Parler is an example. You can’t compete when the internet providers, web service providers and the operating system providers are all teamed up against you.
StukiMoi
StukiMoi
4 years ago
This kind of arbitrary shakedowns, by incompetent leeches incapable of producing anything anyone would want at all; is inevitable, once a population is indoctrinated into such pure, undifferentiated retardation and illiteracy, that they, of all idiotic things, believe that “antitrust” enforcement; of course undertaken by literally the only real monopoly out there, has any, whatsoever merit. Under any circumstance. Ever.
The free and natural world simply does not facilitate any monopolization. No plant, animal, fungi, bird, alien has a “monopoly” on anything. For the very simple; and obvious to anyone even remotely literate; reason, that having one would mean you were more efficient at absolutely every little detail in your environment than any other possible anything. Now, and for all future. Which is completely nonsensical, in any environment of any complexity.
Instead, “monopoly” is just a children’s board game. Only children are naive enough to believe that the world is somehow so simplistic, and rigidly regulated, that obtaining a “monopoly” is possible. In any environment more open ended than such board games where the entire set of possibilities are finite and small, monopolies simply cannot exist stably.
Knowing that, it is trivial to recognize that even the illusion of, and supposedly ill effects of, monopoly, can only come about as a result of some morons enforcing excessively rigid rules, on a world which in its natural state has none. IOW, by reducing the richness of a world so multifaceted and complex that even intelligent people cannot hope to fully understand it; to nothing more than the sort of childishly simplistic, all encompassing “laws” and “regulations” which makes dumb, dilettante ambulance chasers, patent trolls and political hacks somehow important people.
Do that and, yes, I suppose it is possible to concoct something resembling a “monopoly” within that entirely artificially restricted environment. But then, the trivial, again to anyone even remotely literate, solution; is simply to wipe out most of the offending rules and regulations. Such that people again are free to unimpededly route around any budding monopolist, without any restriction whatsoever. IOW, just getting out of the way. Do that, and monopolies are gone. Routed around. Completely unsustainable. Every.single.time. They’ve never been a problem, and never will be a problem. Excessive limitations on people’s ability to route around anything they don’t like, OTOH, both was and is a problem. That’s what needs solving.
Esclaro
Esclaro
4 years ago
These big tech companies answer to no one. Their only allegiance is to their own monopolistic power. They are the essence of evil and they need to be – not just regulated – but COMPLETELY DESTROYED!
Felix_Mish
Felix_Mish
4 years ago
Heaven save us from a company – or anyone, for that matter – doing something to “favor their own products”. Clutches pearls. The very idea.
Speaking of declining national governments reminding new, ascending power centers of who must be paid off first every quarter, I’m curious why someone hasn’t floated the idea of forcing section-230 companies to expose a filter API for customer-controlled use.
whirlaway
whirlaway
4 years ago
One of the best analysts who writes on the need to bring back antitrust laws, is David Dayen.   Here is just one of his many articles on the topic – https://www.theatlantic.com/ideas/archive/2020/07/pandemic-making-monopolies-worse/614644/
And this IMO, is one of his best pieces – 

https://prospect.org/justice/bring-back-antitrust/

ajc1970
ajc1970
4 years ago
The Democratic Party isn’t going to destroy one of their most useful allies.

Warren probably just wants to extract something from them. Once she gets it, she’ll let them be.

whirlaway
whirlaway
4 years ago
Reply to  ajc1970
I bet it would be nothing significant.   Just some BS restriction or something that can make Warren (and the DONORcrat Party) to check a box in the checklist and claim as an “accomplishment”.  

Oscama was a champion at this.   Do little or nearly nothing, claim victory and keep ticking items off a checklist, his right-wing health insurance scam called Obolacare aka ACA being the most prominent of them.

KidHorn
KidHorn
4 years ago
Reply to  ajc1970
I agree. This may be more of a threat showing what can happen if the tech industry stops backing the democrats.
garryl44
garryl44
4 years ago
I think the antitrust laws on the books need to be vigorously enforced.  Seems if they need updating due to tech companies or thd 100 years since they’ve been passed so be it but there has to be the will to use them.
Robbyrob
Robbyrob
4 years ago
Woke up this morning to the radio talking about the cost of living rising a further 5%. It infuriates me the index that they use for this calculation, which grossly underestimates the real cost of inflation as it happens to people with the least. Allow me to briefly explain. https://twitter.com/BootstrapCook/status/1483778776697909252
Tex
Tex
4 years ago
The most terrifying words in the English language are: I’m from the government and I’m here to help. Ronald Reagan, 1911-2004 ✝️❤️
whirlaway
whirlaway
4 years ago
Reply to  Tex
Oddly enough, it was the DONORcrat Presidents that followed who made more of Reagan’s wet dreams come true than the Republican Presidents did.   First, it was BJ Clinton with his “the era of big government is over” and financial deregulation and media deregulation etc.   Then it was Oscama who let the victims of the financial deregulation suffer while letting the perpetrators go scot free.   
whirlaway
whirlaway
4 years ago
“Undoubtedly, Biden will do whatever Elizabeth Warren says.
LOL.  The DONORcrat Party will do what its donors say – while pretending to be doing something about the problem.

Note that during Obama’s term, not a single major antitrust case was launched – even as the TBTF banks got even bigger.   And in case of Silicon Valley companies, antitrust laws were (and still are) practically non-existent.

Esclaro
Esclaro
4 years ago
Reply to  whirlaway
They are working you hard today at the troll farm in St. Petersburg, Russia. Give it a rest, comrade.
whirlaway
whirlaway
4 years ago
Reply to  Esclaro
How are the “victims” of the Havana crickets doing??!! LOL.  
Six000mileyear
Six000mileyear
4 years ago
Anti trust laws are already on the books. There is no need for a new set of laws just because technology has advanced since the original laws were passed. The anti trust law I would like to see is one that prevents acquisitions that result in a merged company jumping into the top three. Once a company is in the top three, it must innovate internally; otherwise, a handful of incubators with the next best idea for society may be purchased and mothballed to preserve a top 3 company’s investment in a competing product.
Maximus_Minimus
Maximus_Minimus
4 years ago
Reply to  Six000mileyear
That shoulds include product bundling when a company owns a platform. Microsoft invented it, and now it’s commonplace. Just like Enron accounting, and junk bonds.
They figured nobody is watching anymore.
RonJ
RonJ
4 years ago
“Every day, millions of Americans use online services like Google Search,
Maps and Gmail to find new information and get things done.”
Steve Kirsch
It can be difficult to find information that Google is suppressing.
whirlaway
whirlaway
4 years ago
Reply to  RonJ
KidHorn
KidHorn
4 years ago
Reply to  RonJ
There are many things I search for that google does not return. I have to use another search site.

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