Episode 50: Part 2 - Jon Leibowitz on Antitrust and Privacy in today's digital media marketplace
Alan Chapell continues his discussion with Jon Leibowitz on some of the key regulatory issues raised from 2004 - 2013. This includes the investigation re: Google Buzz and Google's settlement of FTC charges it Misrepresented Privacy Assurances to Users of Apple's Safari Internet Browser (which Alan believes had a huge impact on Google's approach to probabilistic advertising). They also talk about the historical regulatory role of telecommunications companies vs edge providers like Google and Meta as well as a discussion of the ongoing antitrust cases Google is facing.
Takeaways
First-party data has real limits; it isn’t a universal fix.
The FTC’s Intel case shows antitrust can unlock competition (e.g., aiding Nvidia’s rise).
Journalism’s sustainability is strained by dominant platforms; collective bargaining may help.
Google’s 2012 Safari case (rooted in earlier Buzz issues) became a lasting privacy deterrent.
Privacy enforcement reshaped ads, pushing platforms away from third-party data tactics.
Structural vs. behavioral remedies: breakups are rare; well-designed conduct rules often carry the day.
Chrome divestiture was viewed as overreach; Judge Mehta’s search remedies felt cautious.
Consent fatigue is real; data minimization and retention limits may work better.
Privacy trade-offs vary by socioeconomic context; one-size rules can entrench incumbents.
The ad-supported web has eras: DoubleClick (’94–’03), Google’s ascent (’04–’13), then Big Tech dominance.
Chapters
00:09 Introduction & episode setup; first-party data riff; sponsor note02:06 Intel case lessons; exclusivity, APIs, and competition effects04:02 Journalism town halls (2009–10); platforms, news economics, misinformation08:54 Google Safari cookie-circumvention case; ties to Google Buzz order12:30 Consent vs. probabilistic advertising; platform caution post-settlement15:00 Privacy trade-offs across economic classe15:50 Google Search remedies; amicus brief; Chrome divestiture debate23:30 Remedies are hard: structural vs. behavioral; Microsoft as precedent26:00 Post-FTC: privacy coalition with Mary Bono; telco vs. edge provider rules29:31 Rulemaking hurdles (Mag-Moss); unrealized federal privacy push30:27 Regulation can entrench incumbents; EU lessons for startups32:01 Data minimization & retention over blanket consent32:50 Closing: three eras of the ad-supported internet; subscribe CTA
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