I have just read the very minimal Justice Department court submission on Google remedies. It suggests that plaintiffs might propose all sorts of remedies to offset Google’s market power. However the submission includes very little actual remedy - just a range of possible remedies.
And there is good reason why. Most the remedies that they propose not only make Google worse, but they make my life as a Google consumer worse.
The prescriptions are worse than stupid - they are destructive.
Let’s take one:
Google search results, features, and ads, including the underlying ranking signals, especially on mobile. Plaintiffs are mindful of potential user privacy concerns in the context of data sharing; however, genuine privacy concerns must be distinguished from pretextual arguments to maintain market position or deny scale to rivals. As a result, Plaintiffs are considering remedies that would prohibit Google from using or retaining data that cannot be effectively shared with others on the basis of privacy concerns.
Okay - so if Google gets information from mobile - say the Android phone I carry - it cannot reasonably share that information. There are legitimate privacy concerns. According to this remedy it can’t use that information to place an advert.
Take a concrete example. I was recently in New York. I would not want Google sharing my location with anyone - and the privacy concerns are legitimate. But I am looking for a bookshop. Google would not be able to use the information that I am in New York to provide me an advert.
Like seriously?
Please Justice Department, I have a product that works. Don’t break it. I actively consent to getting Google to give me relevant adverts, I do not consent to Google sharing my location with the world. This does not seem unreasonable.
John
PS. This is so destructive as to be comical. The plaintiffs are seriously suggesting that Google not be allowed to retain data that cannot be shared with others. So I drive tens of different routes through Sydney. Some are faster, some are slower. Some are faster at different times of day. Some are slower because there are say road works.
Google retains that information and uses that information to route Ubers so that they travel faster. They cannot reasonably share the information as to my minute-by-minute location - but the idea that they can’t retain it or use it to make travel easier for everyone is just stupid.
And yes - your Uber will get caught in traffic jams and your Uber bill will go up. Because the Justice Department are idiots.
this is market power primarily delivered by user demand, not control of supply. We are generally on it because we like it, not because we are trapped.
Most of the lawyers in the government trying to go after Google are really going after one thing. A lucrative position in Google's legal department after this fails and they leave government.