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Cory Doctorow

It's (mostly) great that Big Tech monopolies are *finally* facing regulation.

There are two bad things about monopolies:

I. They cheat their customers and suppliers because they know they're the only game in town, and

II. They use their money to legalize harmful practices.

1/

Here's a Type I example of how Google uses its monopoly power to cheat: Google controls the ad-tech market they rig it in their favor - they represent both buyers and sellers, and they compete with them, and they advantage themselves.

pluralistic.net/2020/11/20/sov

But Google's ad-tech stack also has a Type II monopoly abuse: the ad-targeting systems Google sells are extraordinarily, harmfully invasive.

2/

Pluralistic: Daily links from Cory DoctorowPluralistic: 20 Nov 2020 – Pluralistic: Daily links from Cory DoctorowBy Cory Doctorow

They get away with this privacy abuse because they convert the money they get from rigging the market to lobby against privacy laws.

There's a real danger that competition authorities seeking to blunt Google's monopoly will get Type I and Type II abuses mixed up. It's great to force Google to run a clean ad marketplace, preferably by forcing it to divest of the units that compete with its own customers.

3/

After all, it's nearly impossible to detect "self-preferencing" in complex markets - like, did Google place its own ad rather than a higher-bidding third-party because it was cheating, or because its algorithm assessed the third-party ad as fraudulent?

And if so, was the algorithm itself designed to overblock third-party ads as potentially fraudulent while applying a more lax standard to the ads that Google sells - and makes more money from?

4/

The entity that runs the market is the referee. Referees shouldn't also be members of one of the teams. Period. Obviously. I mean, come on.

The problem is that breaking up a monopolist is really hard. It can take decades and cost billions.

5/

So regulators, out of ignorance or desperation, continue to allow referees to have a stake in the outcome, and instead seek to improve competition in other domains, especially Type II domains - those bad actions that monopolists get away with because they're too big to stop.

6/

That's what's going on in France right now. The French competition regulator just fined Google $268M for anticompetitive ad-tech abuses. Included in the settlement - which Google says it won't fight - is a mandate for interoperability in ad-tech.

techcrunch.com/2021/06/07/fran

Interop is a *great* remedy for anticompetitive markets, and indeed, it makes tech a prime target for competition enforcement.

7/

When companies are forced to interoperate, their "network effect" advantages can be obliterated, by lowering switching costs.

onezero.medium.com/tech-monopo

Interop is a great solution to Type I problems, problems caused by a lack of competition. But it's a *terrible* solution to Type II problems. If a monopolist got away with doing something horrible and abusive, we shouldn't fix that by improving competition.

8/

onezero.medium.comTech monopolies and the insufficient necessity of interoperabilityI care about monopolies for exactly one reason: self-determination. I don’t care about competition as an end unto itself, or fetishize “choice” for its own sake. What I care about is your ability to…

Unfortunately, that's what the French interop remedy for Google does. Rather than abolishing or curbing targeting (substituting noninvasive content-based targeting, reliant on the content of a page rather than the identity of the user), they're helping *everyone* target users.

As Google wrote in its corporate comms about the ruling, it will improve interop by creating a way to share ad-tech data with third party competitors. This is such a fucking monkey's paw.

blog.google/around-the-globe/g

10/

blog.googleSome changes to our ad technologyThe tools used by digital publishers and advertisers —  often called ad tech — help websites and apps make money and fund high-quality content. Ad tech also helps our advertising partners big and small reach customers and grow their businesses. Our ad tech tools are built to work with our partners and competitors alike — it's why we share access to advertising data to support publisher monetization and why we provide access to more than 700 rival advertiser platforms and 80 publisher platforms across our products.Over the past two years, we have been working with the French Competition Authority (FCA) to answer their questions about our advertising technology, and more specifically about Google Ad Manager, our publisher platform. While we believe we offer valuable services and compete on the merits, we are committed to working proactively with regulators everywhere to make improvements to our products. That’s why, as part of an overall resolution of the FCA’s investigation, we have agreed on a set of commitments to make it easier for publishers to make use of data and use our tools with other ad technologies. We will be testing and developing these changes over the coming months before rolling them out more broadly, including some globally. Increased access to data Today, when buyers use Google Ad Manager to participate in Google’s ad exchange, they receive equal access to data from our auctions to help them efficiently buy ad space from publishers.As there are a lot of ad exchanges to choose from, publishers sometimes also use a technology called Header Bidding to run an auction among multiple ad exchanges. Because these Header Bidding auctions take place outside of our platform, it is usually not technically possible for Google to identify the participants, and therefore we cannot share data with those buyers. With these commitments, we will work to create a solution that ensures that all buyers that a publisher works with, including those who participate in Header Bidding, can receive equal access to data related to outcomes from the Ad Manager auction. In particular, we will be providing information around the “minimum bid to win” from previous auctions. Increased flexibility Publishers using Ad Manager have always had the ability to sell ads via many different advertising platforms and the ability to negotiate terms with other publisher platforms to implement business strategies targeted to specific buyers. This flexibility allows publishers and advertisers to mix and match technology partners to meet their different needs.We will further increase the flexibility of Google Ad Manager to meet the evolving needs of our partners, including allowing them to set custom pricing rules for ads that are in sensitive categories and implementing product changes that improve interoperability between Ad Manager and third-party ad servers. Also, we are reaffirming that we will not limit Ad Manager publishers from negotiating specific terms or pricing directly with other sell-side platforms (SSPs). And we will continue to provide Ad Manager publishers with controls to include or exclude certain buyers at their discretion.Affirming our commitment to transparencyWe have worked for years to bring increased transparency to programmatic advertising, including taking steps to simplify our platforms. This includes combining our publisher ad server and ad exchange to become Google Ad Manager and shifting to a unified first price auction in Ad Manager to help reduce complexity and create a fair and transparent market for everyone.As part of these commitments, we are reaffirming our promise not to use data from other SSPs to optimize bids in our exchange in a way that other SSPs can’t reproduce. We are also reaffirming our promise not to share any bid from any Ad Manager auction participants with any other auction participant prior to completion of the auction. Additionally, we’ll give publishers at least three months' notice for major changes requiring significant implementation effort that publishers must adopt, unless those are related to security or privacy protections, or are required by law. We are always working on improving our ad tech products to help publishers fund their content and businesses and help advertisers efficiently reach customers. We recognise the role that ad tech plays in supporting access to content and information and we’re committed to working collaboratively with regulators and investing in new products and technologies that give publishers more choice and better results when using our platforms. 

There's going to be more of this. In the UK, the Competition and Market Authority's otherwise excellent report on ad-tech calls for widespread access to "attribution," where ad-tech follows you around forever to see if an ad leads to a sale.

pluralistic.net/2021/06/01/you

There are two kinds of entities agitating for more tech competition and interop. On the one side, you have smaller ad-tech firms and telecoms monopolists who want competition in commercial surveillance.

11/

Pluralistic: Daily links from Cory DoctorowPluralistic: 01 Jun 2021 – Pluralistic: Daily links from Cory DoctorowBy Cory Doctorow

On the other side, you have public interest groups like EFF, calling for interop as a way to help people escape high-surveillance digital environments by allowing them to take their data with them and maintain their social ties.

eff.org/wp/interoperability-an

Interop can be fully privacy-compatible - indeed, interop can be a way to weaken tech to open space to enact and enforce strong privacy rules.

12/

Electronic Frontier Foundation · Privacy Without Monopoly: Data Protection and InteroperabilityUpdate, June 11, 2021: Today, we updated this paper with a new appendix, "The GDPR, Privacy and Monopoly," which analyzes the legal benefits of interoperability under the GDPR, where a regional privacy law creates a sturdy privacy backstop for interoperability remedies. This appendix is also...

But there's some forms of competition - competition to invade your privacy - that we should reject altogether, not enhance.

eof/