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May 30, 2016

Antitrust lawyer: Don’t Hand Our TVs Over to Google

Jonathan Kanter has a must-read column in today’s New York Times:

For years, Google has been jockeying to control the nation’s TVs. If, thanks to the F.C.C., Google succeeds, it will get access to the real prize: the data that flows through these boxes. The company wants that information to help it sell advertising. (Disclosure: I represent companies opposed to Google on other issues in the United States and Europe.)

The F.C.C.’s proposal would give Google free access to the raw TV programming data it needs to power its search engine for TV. In effect, Google could use the data to become the modern version of the program guide, connecting users to the TV shows and movies that Google’s search algorithms determine are relevant.

Kanter’s not opposed to new rulemaking allow set-top box innovation. But Kanter correctly observes that any new rules should not be written by Google, for Google, or to Google’s advantage.

If the F.C.C. provides Google with the data it needs to build its search-based set-top, it should take significant steps to prevent Google from continuing its questionable conduct. At a minimum, the F.C.C. should require Google to commit to search neutrality, transparency, adherence to privacy standards and restrictions on anticompetitive bundling. Without these conditions, a proposal meant to increase innovation may well stifle it.

LGB concurs and thanks Mr. Kanter for contributing this op-ed piece.

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