Comments on: Where is FCC Authority to Regulate in Apple-Google Spat? What are the Costs? http://techliberation.com/2009/08/03/where-is-fcc-authority-to-regulate-in-apple-google-spat-what-are-the-costs/ Keeping politicians' hands off the Net & everything else related to technology Sun, 27 May 2012 20:03:31 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Is the iPad’s Exclusion of Flash Unlawful? http://techliberation.com/2009/08/03/where-is-fcc-authority-to-regulate-in-apple-google-spat-what-are-the-costs/comment-page-1/#comment-66646 Is the iPad’s Exclusion of Flash Unlawful? Sun, 14 Feb 2010 19:23:39 +0000 http://techliberation.com/?p=19886#comment-66646 <p>[...] While the FCC has clear authority over wireless networks, it’s not entirely clear that it could mandate software requirements for mobile browsers.  Apple might argue that since it is not a broadband provider, these net neutrality rules should not apply to it. [...]</p> [...] While the FCC has clear authority over wireless networks, it’s not entirely clear that it could mandate software requirements for mobile browsers.  Apple might argue that since it is not a broadband provider, these net neutrality rules should not apply to it. [...]

]]> By: Is the FCC Above the Law? — Technology Liberation Front http://techliberation.com/2009/08/03/where-is-fcc-authority-to-regulate-in-apple-google-spat-what-are-the-costs/comment-page-1/#comment-64787 Is the FCC Above the Law? — Technology Liberation Front Fri, 15 Jan 2010 05:13:00 +0000 http://techliberation.com/?p=19886#comment-64787 <p>[...] “Is the FCC Becoming the Federal Cloud Commission?”  And then there was the Commission strong-arming of Apple about the iPhone app store process. Who knows where that authority came from.  Finally, just [...]</p> [...] “Is the FCC Becoming the Federal Cloud Commission?”  And then there was the Commission strong-arming of Apple about the iPhone app store process. Who knows where that authority came from.  Finally, just [...]

]]> By: Should an Independent Regulatory Agency Head Be Visiting the White House This Often? — Technology Liberation Front http://techliberation.com/2009/08/03/where-is-fcc-authority-to-regulate-in-apple-google-spat-what-are-the-costs/comment-page-1/#comment-64434 Should an Independent Regulatory Agency Head Be Visiting the White House This Often? — Technology Liberation Front Wed, 30 Dec 2009 16:50:35 +0000 http://techliberation.com/?p=19886#comment-64434 <p>[...] inquiring about regulation of online television, video games, Google Voice, cloud computing, the Apple apps store, and resurrecting railroad-era concepts of common carriage “neutrality” in ways that [...]</p> [...] inquiring about regulation of online television, video games, Google Voice, cloud computing, the Apple apps store, and resurrecting railroad-era concepts of common carriage “neutrality” in ways that [...]

]]> By: The Progress & Freedom Foundation Blog http://techliberation.com/2009/08/03/where-is-fcc-authority-to-regulate-in-apple-google-spat-what-are-the-costs/comment-page-1/#comment-62827 The Progress & Freedom Foundation Blog Sun, 11 Oct 2009 21:06:24 +0000 http://techliberation.com/?p=19886#comment-62827 <p><strong>Wireless Innovation is Alive & Well: Two New Reports Set the Record Straight...</strong></p> <p>The smell of high-tech regulation is increasingly in the air these days and many lawmakers and some activist groups now have the mobile marketplace in their regulatory cross-hairs. Critics make a variety of claims about the wireless market supposedly l...</p> Wireless Innovation is Alive & Well: Two New Reports Set the Record Straight…

The smell of high-tech regulation is increasingly in the air these days and many lawmakers and some activist groups now have the mobile marketplace in their regulatory cross-hairs. Critics make a variety of claims about the wireless market supposedly l…

]]> By: Wireless Innovation is Alive & Well: Two New Reports Set the Record Straight — Technology Liberation Front http://techliberation.com/2009/08/03/where-is-fcc-authority-to-regulate-in-apple-google-spat-what-are-the-costs/comment-page-1/#comment-62825 Wireless Innovation is Alive & Well: Two New Reports Set the Record Straight — Technology Liberation Front Sun, 11 Oct 2009 20:50:18 +0000 http://techliberation.com/?p=19886#comment-62825 <p>[...] the air these days and many lawmakers and activist groups now have the mobile marketplace in their regulatory cross-hairs. Critics make a variety of claims about the wireless market supposedly lacking competition, choice, [...]</p> [...] the air these days and many lawmakers and activist groups now have the mobile marketplace in their regulatory cross-hairs. Critics make a variety of claims about the wireless market supposedly lacking competition, choice, [...]

]]> By: The Progress & Freedom Foundation Blog http://techliberation.com/2009/08/03/where-is-fcc-authority-to-regulate-in-apple-google-spat-what-are-the-costs/comment-page-1/#comment-62488 The Progress & Freedom Foundation Blog Sat, 26 Sep 2009 17:19:32 +0000 http://techliberation.com/?p=19886#comment-62488 <p><strong>Google Voice & the Slippery Slope of Net Neutrality Regulation...</strong></p> <p>Whatever you think about this messy dispute between AT&T and Google about how to classify web-based telephony apps for regulatory purposes -- in this case, Google Voice -- the key issue not to lose site of here is that we......</p> Google Voice & the Slippery Slope of Net Neutrality Regulation…

Whatever you think about this messy dispute between AT&T and Google about how to classify web-based telephony apps for regulatory purposes — in this case, Google Voice — the key issue not to lose site of here is that we……

]]> By: Google Voice & the Slippery Slope of Net Neutrality Regulation — Technology Liberation Front http://techliberation.com/2009/08/03/where-is-fcc-authority-to-regulate-in-apple-google-spat-what-are-the-costs/comment-page-1/#comment-62476 Google Voice & the Slippery Slope of Net Neutrality Regulation — Technology Liberation Front Sat, 26 Sep 2009 13:01:45 +0000 http://techliberation.com/?p=19886#comment-62476 <p>[...] who knew that the FCC even had the authority to oversee or regulate the cloud, right?  Well, they don’t. But, again, this is exactly how things have unfolded before: Throw statutory authority to the wind [...]</p> [...] who knew that the FCC even had the authority to oversee or regulate the cloud, right?  Well, they don’t. But, again, this is exactly how things have unfolded before: Throw statutory authority to the wind [...]

]]> By: The Progress & Freedom Foundation Blog http://techliberation.com/2009/08/03/where-is-fcc-authority-to-regulate-in-apple-google-spat-what-are-the-costs/comment-page-1/#comment-62398 The Progress & Freedom Foundation Blog Wed, 23 Sep 2009 15:30:33 +0000 http://techliberation.com/?p=19886#comment-62398 <p><strong>Apple, Spotify & the Threat of FCC High-Tech Regulation...</strong></p> <p>Over at TechDirt, Mike Masnick has an interesting post asking "Why Did Apple Approve Spotify?" which builds on an AdAge column asking a similar question: "Did Apple Sacrifice ITunes With Latest Apps?" As the title of that AdAge piece suggests,......</p> Apple, Spotify & the Threat of FCC High-Tech Regulation…

Over at TechDirt, Mike Masnick has an interesting post asking “Why Did Apple Approve Spotify?” which builds on an AdAge column asking a similar question: “Did Apple Sacrifice ITunes With Latest Apps?” As the title of that AdAge piece suggests,……

]]> By: Apple, Spotify & FCC Threat of High-Tech Regulation: How Did We Get Here Again? — Technology Liberation Front http://techliberation.com/2009/08/03/where-is-fcc-authority-to-regulate-in-apple-google-spat-what-are-the-costs/comment-page-1/#comment-62392 Apple, Spotify & FCC Threat of High-Tech Regulation: How Did We Get Here Again? — Technology Liberation Front Wed, 23 Sep 2009 14:07:07 +0000 http://techliberation.com/?p=19886#comment-62392 <p>[...] that innovative high-tech companies must live in fear of constant regulatory intervention even when they completely lack any statutory authority to play these games.  Moreover, does anyone think that the a bunch of Beltway bureaucrats can [...]</p> [...] that innovative high-tech companies must live in fear of constant regulatory intervention even when they completely lack any statutory authority to play these games.  Moreover, does anyone think that the a bunch of Beltway bureaucrats can [...]

]]> By: BillyBush.net » Apple, Google, AT&T, and the FCC? http://techliberation.com/2009/08/03/where-is-fcc-authority-to-regulate-in-apple-google-spat-what-are-the-costs/comment-page-1/#comment-60583 BillyBush.net » Apple, Google, AT&T, and the FCC? Thu, 13 Aug 2009 15:32:07 +0000 http://techliberation.com/?p=19886#comment-60583 <p>[...] Brito of the Mercatus Center and Adam Thierer of the Progress and Freedom Foundation recently pointed out, it’s not clear that the agency has any authority to do so. Not that that’s stopped it [...]</p> [...] Brito of the Mercatus Center and Adam Thierer of the Progress and Freedom Foundation recently pointed out, it’s not clear that the agency has any authority to do so. Not that that’s stopped it [...]

]]> By: iPhone-Google Voice Flap a Reminder of Why DMCA Needs Fixing http://techliberation.com/2009/08/03/where-is-fcc-authority-to-regulate-in-apple-google-spat-what-are-the-costs/comment-page-1/#comment-60456 iPhone-Google Voice Flap a Reminder of Why DMCA Needs Fixing Mon, 10 Aug 2009 16:46:47 +0000 http://techliberation.com/?p=19886#comment-60456 <p>[...] discussed extensively the controversy that recently erupted when Apple rejected the Google Voice application from the [...]</p> [...] discussed extensively the controversy that recently erupted when Apple rejected the Google Voice application from the [...]

]]> By: The Progress & Freedom Foundation Blog http://techliberation.com/2009/08/03/where-is-fcc-authority-to-regulate-in-apple-google-spat-what-are-the-costs/comment-page-1/#comment-60343 The Progress & Freedom Foundation Blog Thu, 06 Aug 2009 19:07:18 +0000 http://techliberation.com/?p=19886#comment-60343 <p><strong>Slate's Manjoo on Apple iPhone Regulation...</strong></p> <p>Despite my frequent disagreements with his policy conclusions, Farhad Manjooo of Slate is one of the most gifted tech policy pundits around today and everything he writes is worth reading (and I whole-heartedly agreed with his recent article on the......</p> Slate’s Manjoo on Apple iPhone Regulation…

Despite my frequent disagreements with his policy conclusions, Farhad Manjooo of Slate is one of the most gifted tech policy pundits around today and everything he writes is worth reading (and I whole-heartedly agreed with his recent article on the……

]]> By: Slate’s Manjoo on Apple iPhone Regulation http://techliberation.com/2009/08/03/where-is-fcc-authority-to-regulate-in-apple-google-spat-what-are-the-costs/comment-page-1/#comment-60332 Slate’s Manjoo on Apple iPhone Regulation Thu, 06 Aug 2009 15:47:46 +0000 http://techliberation.com/?p=19886#comment-60332 <p>[...] Manjoo then asserts that: “At the very least, the regulators have a duty to ensure fair competition on wireless networks—and by arbitrarily blocking rivals from its device, the iPhone’s software platform simply isn’t fair.” It’s true that there are consumer protection laws on the books, but it’s unclear to me how the FCC has any jurisdictional authority to be regulating Apple or the iPhone.  There simply is none as I noted here in my essay, “Where is FCC Authority to Regulate in Apple-Google Spat?” [...]</p> [...] Manjoo then asserts that: “At the very least, the regulators have a duty to ensure fair competition on wireless networks—and by arbitrarily blocking rivals from its device, the iPhone’s software platform simply isn’t fair.” It’s true that there are consumer protection laws on the books, but it’s unclear to me how the FCC has any jurisdictional authority to be regulating Apple or the iPhone.  There simply is none as I noted here in my essay, “Where is FCC Authority to Regulate in Apple-Google Spat?” [...]

]]> By: Jerry Brito http://techliberation.com/2009/08/03/where-is-fcc-authority-to-regulate-in-apple-google-spat-what-are-the-costs/comment-page-1/#comment-65331 Jerry Brito Wed, 05 Aug 2009 10:08:51 +0000 http://techliberation.com/?p=19886#comment-65331 <p>Fred, I agree that there's nothing wrong is asking for answers, but what happens if Apple refuses to answer? Implicit in the FCC's letter (<a href="http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1736A1.pdf" rel="nofollow">PDF</a>) is that it's not simply asking; it's demanding answers. And that's where the question of jurisdiction comes in. We're right to be concerned over the FCC's penchant for ever-expanding jurisdiction, and we can't let them get away with one more inch just because we'd all like to know (I sure would) how Apple made it's app rejection decisions.<br><br>On another note, while I'm all for a DMCA exemption for jailbreaking, barring contractual terms is a whole other thing. One carries criminal penalties, the other is voluntary and at worst can result in a cancelled service or a voided warranty. It's only reasonable that Apple and AT&T should be able to contract with their customers about what they will support as part of service.</p> Fred, I agree that there's nothing wrong is asking for answers, but what happens if Apple refuses to answer? Implicit in the FCC's letter (PDF) is that it's not simply asking; it's demanding answers. And that's where the question of jurisdiction comes in. We're right to be concerned over the FCC's penchant for ever-expanding jurisdiction, and we can't let them get away with one more inch just because we'd all like to know (I sure would) how Apple made it's app rejection decisions.

On another note, while I'm all for a DMCA exemption for jailbreaking, barring contractual terms is a whole other thing. One carries criminal penalties, the other is voluntary and at worst can result in a cancelled service or a voided warranty. It's only reasonable that Apple and AT&T should be able to contract with their customers about what they will support as part of service.

]]> By: Jerry Brito http://techliberation.com/2009/08/03/where-is-fcc-authority-to-regulate-in-apple-google-spat-what-are-the-costs/comment-page-1/#comment-61661 Jerry Brito Wed, 05 Aug 2009 06:08:51 +0000 http://techliberation.com/?p=19886#comment-61661 <p>Fred, I agree that there's nothing wrong is asking for answers, but what happens if Apple refuses to answer? Implicit in the FCC's letter (<a href="http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1736A1.pdf" rel="nofollow">PDF</a>) is that it's not simply asking; it's demanding answers. And that's where the question of jurisdiction comes in. We're right to be concerned over the FCC's penchant for ever-expanding jurisdiction, and we can't let them get away with one more inch just because we'd all like to know (I sure would) how Apple made it's app rejection decisions.<br><br>On another note, while I'm all for a DMCA exemption for jailbreaking, barring contractual terms is a whole other thing. One carries criminal penalties, the other is voluntary and at worst can result in a cancelled service or a voided warranty. It's only reasonable that Apple and AT&T should be able to contract with their customers about what they will support as part of service.</p> Fred, I agree that there's nothing wrong is asking for answers, but what happens if Apple refuses to answer? Implicit in the FCC's letter (PDF) is that it's not simply asking; it's demanding answers. And that's where the question of jurisdiction comes in. We're right to be concerned over the FCC's penchant for ever-expanding jurisdiction, and we can't let them get away with one more inch just because we'd all like to know (I sure would) how Apple made it's app rejection decisions.

On another note, while I'm all for a DMCA exemption for jailbreaking, barring contractual terms is a whole other thing. One carries criminal penalties, the other is voluntary and at worst can result in a cancelled service or a voided warranty. It's only reasonable that Apple and AT&T should be able to contract with their customers about what they will support as part of service.

]]> By: Jerry Brito http://techliberation.com/2009/08/03/where-is-fcc-authority-to-regulate-in-apple-google-spat-what-are-the-costs/comment-page-1/#comment-60314 Jerry Brito Wed, 05 Aug 2009 05:08:51 +0000 http://techliberation.com/?p=19886#comment-60314 <p>Fred, I agree that there's nothing wrong is asking for answers, but what happens if Apple refuses to answer? Implicit in the FCC's letter (PDF) is that it's not simply asking; it's demanding answers. And that's where the question of jurisdiction comes in. We're right to be concerned over the FCC's penchant for ever-expanding jurisdiction, and we can't let them get away with one more inch just because we'd all like to know (I sure would) how Apple made it's app rejection decisions.<br><br>On another note, while I'm all for a DMCA exemption for jailbreaking, barring contractual terms is a whole other thing. One carries criminal penalties, the other is voluntary and at worst can result in a cancelled service or a voided warranty. It's only reasonable that Apple and AT&T should be able to contract with their customers about what they will support as part of service.</p> Fred, I agree that there's nothing wrong is asking for answers, but what happens if Apple refuses to answer? Implicit in the FCC's letter (PDF) is that it's not simply asking; it's demanding answers. And that's where the question of jurisdiction comes in. We're right to be concerned over the FCC's penchant for ever-expanding jurisdiction, and we can't let them get away with one more inch just because we'd all like to know (I sure would) how Apple made it's app rejection decisions.

On another note, while I'm all for a DMCA exemption for jailbreaking, barring contractual terms is a whole other thing. One carries criminal penalties, the other is voluntary and at worst can result in a cancelled service or a voided warranty. It's only reasonable that Apple and AT&T should be able to contract with their customers about what they will support as part of service.

]]> By: Fred von Lohmann http://techliberation.com/2009/08/03/where-is-fcc-authority-to-regulate-in-apple-google-spat-what-are-the-costs/comment-page-1/#comment-60311 Fred von Lohmann Tue, 04 Aug 2009 23:36:57 +0000 http://techliberation.com/?p=19886#comment-60311 <p>While I certainly share your concerns regarding the FCC's penchant for ever-expanding jurisdiction, as well as skepticism about some of its past regulatory efforts, I can't see what's wrong with having it simply ask Apple and AT&T for answers here. <br><br>I also can imagine some regulatory efforts that might have salutary effects (like the Carterfone ruling did). For example, the FCC could support EFF's proposed DMCA exemption for jailbreaking, thereby enabling a free market for independent iPhone software development. And the FCC and/or FTC could look into regulations to bar contractual terms that block consumers from jailbreaking their phones to run software of their own choosing. Neither of those would constitute "micro-managing" the iPhone/AT&T. <br><br>Fred von Lohmann, EFF</p> While I certainly share your concerns regarding the FCC's penchant for ever-expanding jurisdiction, as well as skepticism about some of its past regulatory efforts, I can't see what's wrong with having it simply ask Apple and AT&T for answers here.

I also can imagine some regulatory efforts that might have salutary effects (like the Carterfone ruling did). For example, the FCC could support EFF's proposed DMCA exemption for jailbreaking, thereby enabling a free market for independent iPhone software development. And the FCC and/or FTC could look into regulations to bar contractual terms that block consumers from jailbreaking their phones to run software of their own choosing. Neither of those would constitute “micro-managing” the iPhone/AT&T.

Fred von Lohmann, EFF

]]> By: mwendy http://techliberation.com/2009/08/03/where-is-fcc-authority-to-regulate-in-apple-google-spat-what-are-the-costs/comment-page-1/#comment-60310 mwendy Tue, 04 Aug 2009 22:15:34 +0000 http://techliberation.com/?p=19886#comment-60310 <p>Agreed on this.</p> Agreed on this.

]]> By: Richard Bennett http://techliberation.com/2009/08/03/where-is-fcc-authority-to-regulate-in-apple-google-spat-what-are-the-costs/comment-page-1/#comment-60287 Richard Bennett Tue, 04 Aug 2009 01:53:49 +0000 http://techliberation.com/?p=19886#comment-60287 <p>I'm bummed. I installed the Google Voice app on my AT&T Blackberry today, and although it runs fine on the The Man's Telephone, I can't do anything with it because it's an invitation-only service and Google won't give me an invitation. I requested one several hours ago, but I'm still stuck. <br><br>I demand the FCC investigate Google's discriminatory failure to give me a Google Voice invitation. In return, I can promise to answer some of their questions for them. Given that AT&T is happy for me to run the Google Voice app on my Blackberry, it's clear that AT&T isn't the culprit in the Apple/Google tussle. Hence, they can take that off the table completely and focus the inquiry on the two vital questions:<br><br>1. Why won't Google give me an invitation? and:<br>2. Why is this any of the FCC's business?<br><br>Clearly, the future of our democracy hangs in the balance.</p> I'm bummed. I installed the Google Voice app on my AT&T Blackberry today, and although it runs fine on the The Man's Telephone, I can't do anything with it because it's an invitation-only service and Google won't give me an invitation. I requested one several hours ago, but I'm still stuck.

I demand the FCC investigate Google's discriminatory failure to give me a Google Voice invitation. In return, I can promise to answer some of their questions for them. Given that AT&T is happy for me to run the Google Voice app on my Blackberry, it's clear that AT&T isn't the culprit in the Apple/Google tussle. Hence, they can take that off the table completely and focus the inquiry on the two vital questions:

1. Why won't Google give me an invitation? and:
2. Why is this any of the FCC's business?

Clearly, the future of our democracy hangs in the balance.

]]> By: Brett Glass http://techliberation.com/2009/08/03/where-is-fcc-authority-to-regulate-in-apple-google-spat-what-are-the-costs/comment-page-1/#comment-60282 Brett Glass Tue, 04 Aug 2009 00:00:49 +0000 http://techliberation.com/?p=19886#comment-60282 <p>It does not seem to me that the FCC’s enabling legislation allows it to regulate computing platforms, but if it were determined that it did, it would be particularly scary because of where it could lead.<br><br>Think about it. The manufacturers of computer gaming consoles (all of which now telecommunicate, as the iPhone does) have, to date, been able to control which software products were available for their platforms, and have used this control to reduce the initial cost of the console and make up the money via the revenue stream from the software. They've also used this control to protect their brands and to avoid malware. If the FCC could regulate which apps Apple allows onto the iPhone, it could also regulate which games (especially networked games) console makers allowed onto their platforms and could scuttle this business model, which consumers seem to like.<br><br>Come to think of it, all computers nowadays come equipped to telecommunicate, too (via Ethernet and usually Wi-Fi). So, once the camel’s nose was in the tent, these platforms would be subject to regulation as well. Operating system manufacturers and computer manufacturers would have to manage their platforms as the FCC saw fit.<br><br>Do we want to open this can of worms merely because a few iPhone users — who bought the product with full knowledge that it was a closed platform — are now experiencing buyer’s remorse? Should we let monopolist Google (which seems to be pulling the strings here) control the FCC like a puppet? Do we want the government regulating what software we can run, and where? What will come next: censorship of video games that the FCC finds indecent?</p> It does not seem to me that the FCC’s enabling legislation allows it to regulate computing platforms, but if it were determined that it did, it would be particularly scary because of where it could lead.

Think about it. The manufacturers of computer gaming consoles (all of which now telecommunicate, as the iPhone does) have, to date, been able to control which software products were available for their platforms, and have used this control to reduce the initial cost of the console and make up the money via the revenue stream from the software. They've also used this control to protect their brands and to avoid malware. If the FCC could regulate which apps Apple allows onto the iPhone, it could also regulate which games (especially networked games) console makers allowed onto their platforms and could scuttle this business model, which consumers seem to like.

Come to think of it, all computers nowadays come equipped to telecommunicate, too (via Ethernet and usually Wi-Fi). So, once the camel’s nose was in the tent, these platforms would be subject to regulation as well. Operating system manufacturers and computer manufacturers would have to manage their platforms as the FCC saw fit.

Do we want to open this can of worms merely because a few iPhone users — who bought the product with full knowledge that it was a closed platform — are now experiencing buyer’s remorse? Should we let monopolist Google (which seems to be pulling the strings here) control the FCC like a puppet? Do we want the government regulating what software we can run, and where? What will come next: censorship of video games that the FCC finds indecent?

]]> By: Tim Lee http://techliberation.com/2009/08/03/where-is-fcc-authority-to-regulate-in-apple-google-spat-what-are-the-costs/comment-page-1/#comment-60273 Tim Lee Mon, 03 Aug 2009 17:22:33 +0000 http://techliberation.com/?p=19886#comment-60273 <p>Well said!</p> Well said!

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