Search Neutrality

In his new book “Techlash: Who Makes The Rules In The Digital Age?”, former Federal Communications Commission Chairman Tom Wheeler says regulators have failed to rein in Big Tech because they’re using outdated tools. Call it something like “regulatory futurism”—Wheeler is saying now is the time for the government to get innovative by setting up new agencies with wide-reaching powers to determine what is and isn’t in the public’s best interest when it comes to tech.

Broadband companies have long practiced net neutrality and do not block, throttle, or unfairly prioritize content. We support legislation that codifies into law open internet protections across consumers’ online experience. Only modern net neutrality rules can deliver the full protections all consumers deserve. This requires modern rules that apply not only to broadband, but also to online commerce, search, social media and other areas where significant real-world neutrality concerns have emerged. Such key points include the following:

Color Of Change, the nation’s largest online racial justice organization, launched the “Black Tech Agenda." The agenda sets an affirmative vision for how to create tech policy that centers on racial justice and ensures bias and discrimination are rooted out of the digital lives of Black people and everyone. The agenda has 6 pillars that outline real policy solutions for Congress to advance racial equity in Tech:

Facebook CEO Mark Zuckerberg and Google chief executive Sundar Pichai personally approved a secret deal that gave the social network a leg up in the search giant’s online advertising auctions, attorneys for Texas and other states alleged in newly unsealed court filings.

Google is seeking to dismiss a lawsuit brought by the Ohio attorney general seeking to declare the company's search service a public utility. Ohio Attorney General Dave Yost (R-OH) filed the lawsuit in June, arguing Google has used its dominance to prioritize its own products in a way that “intentionally disadvantages competitors.” Google’s lawyers argue in a court motion that the company does not meet the state’s requirements to be considered a common carrier. “Ohio’s Complaint mistakenly assumes Google Search is a common carrier or public utility because Ohioans choose to use Google Searc

The Ohio Attorney General asked an Ohio state court to declare Google a common carrier and/or public utility under the laws of Ohio and Ohio common law. The complaint is novel -- and not obviously stupid. But it has some real obstacles to overcome.  As Feld has written at length before, the history of common carrier regulation goes back 500 years in the common law.

Ohio’s attorney general filed a lawsuit asking a judge to rule that Google is a public utility. Ohio said that it is the first state in the country to bring a lawsuit seeking a court declaration that Google is a common carrier subject under state law to government regulation.

The Department of Justice's case against Google hones in on the company's alliance with Apple as a prime example of what prosecutors say are Google’s illegal tactics to protect its monopoly and choke off competition in web search. The scrutiny of the pact, which was first inked 15 years ago and has rarely been discussed by either company, has highlighted the special relationship between Silicon Valley’s two most valuable companies — an unlikely union of rivals that regulators say is unfairly preventing smaller companies from flourishing. “We have this sort of strange term in Silicon Valley: