Harold Feld: How to Regulate Digital Platforms (Ep. 185)

Bio

Harold Feld is Public Knowledge’s Senior Vice President. Before becoming Senior Vice President at Public Knowledge, Harold worked as Senior Vice President of Media Access Project, advocating for the public interest in media, telecommunications, and technology policy for almost 10 years. Prior to joining MAP, Harold was an associate at Covington & Burling, worked on Freedom of Information Act, Privacy Act, and accountability issues at the Department of Energy, and clerked for the D.C. Court of Appeals. He received his B.A. from Princeton University, and his J.D. from Boston University Law School. Harold also writes Tales of the Sausage Factory, a progressive blog on media and telecom policy. In 2007, Illinois Senator Dick Durbin praised him and his blog for “[doing] a lot of great work helping people understand how FCC decisions affect people and communities on the ground.”

Resources

Public Knowledge

The Case for the Digital Platform Act by Harold Feld

HEADLINES: The Supreme Court take s a biut out of Apple, an Uber Driver in Pittsburgh is charged with kidnapping two women, and Harold Feld is my guest.

News Roundup

Supreme Court takes a bite out of Apple in app store case

In a 5-4 the decision, the Supreme Court dealt a blow to Apple in a class action lawsuit claiming that company’s app store is a monopoly. The case will now proceed in the district court. The issue was whether regular consumers have standing to sue Apple for antitrust violations, or whether it was just competitors who have standing to sue. Justice Kavanaugh sided with the court’s liberal justices, saying that if consumers didn’t have standing, that retailers would be able to evade antitrust enforcement, by structuring deals with suppliers and manufactures in a way that complies with the black letter of the law, but still effectively have a monopoly.

Uber driver allegedly locks two women in his car

Police in Pittsburgh arrested an Uber driver, Richard Lomotey, who is also an assistant professor at Penn State’s Beaver campus, for allegedly locking two female passengers in his car and telling them, “you’re not going anywhere”. Lomotey is charged with two counts of kidnapping.

Protests over Palantir

Protestors converged on Palantir’s headquarters around the country over the company’s $38 million contract with Immigration and Customs Enforcement. According to the Intercept, Palantir, which was founded by Trump adviser Peter Thiel, has been working with ICE to help them target and deport unaccompanied children and their families. Palantir says that it only helps ICE with investigations. But the Intercept found written documents, obtained via a FOIA request, that show Palantir pursued an “Unaccompanied Alien Children Human Smuggling Disruption Initiative” with both of ICE’s two major divisions: Homeland Security and Investigations and its other division, which is called Enforcement and Removal Operations.

Symantec: Chinese spies captured NSA’s hacking tools and used them against the U.S.

The New York Times reports that Symantec has discovered that Chinese spies hacked into the National Security Agency and stole its hacking tools. Then it took those tools and used them against the United States. Experts are now questioning what role the U.S. should now play in defining cybersecurity practices around the world. The New York Times describes what China did as being similar to a “
gunslinger who takes an enemy’s rifle and starts blasting away”, making cybersecurity, in a lot of ways, like the Wild West.

Justice Department charges Chinese Nationals in Anthem breach

The Justice Department has charged two Chinese nationals for hacking Anthem back in 2015 that affected some 78.8 million Americans. The DOJ says the hackers used “extremely sophisticated techniques” to hack into Anthem and three other companies. DOJ officials call it one of the worst attacks in U.S. history.

Amazon reports “extensive fraud” following merchant hack

Amazon reported that over 6 months last year, it was hit by what it termed an “extensive fraud” with hackers siphoning funds from merchant accounts.

Pew reports that Americans’ interest in social media is unchanged since 2018

Pew reports that despite all of the breaches, and hacks and problems in the tech sector and Facebook, in particular, Americans’ interest in tech remains unchanged compared to last year. Black and Hispanic adults’ use of YouTube exceeds that of Whites by 6 and 7 points respectively, with 78 and 77 percent saying they’ve ever used YouTube. Notably, Hispanic adults far outpace Whites on Instagram—by some 18 points, with 51 percent of Hispanics saying they’ve ever used the platform compared to just 33% of Whites. Blacks and Hispanics also far outpace Whites on WhatsApp, by 11 points and 29 points, respectively. You can find a link to the report in the show notes.

Uber drivers strike worldwide on day of IPO

Uber drivers around the world protested Uber and Lyft on the day of Uber’s IPO last week. The largest number of protestors, hundreds, appeared outside Uber’s headquarters in San Francisco. But the turnout in other cities around the world, were more modest. This underscores the difficulty of organizing in a company without a central company-wide email system that drivers can use to organize.

Oracle sues the Pentagon for offering jobs to DoD workers

Oracle is suing the Pentagon for eliminating it from a bidding process after Amazon allegedly offered a job to a Department of Defense employee for crafting the Joint Enterprise Defense Infrastructure in a way that benefitted Amazon.

Fight over Airbnb regulation in DC intensifies

DC City Council member Phil Mendleson threatened DC Mayor Muriel Bowser on Twitter, saying that he would withhold building permits for government projects if the Mayor fails to implement a law designed to regulate short -term rentals like Airbnb. The Mayor’s office is saying the law may be unconstitutional because it limits owners of units that don’t actually reside at their property from sharing with renters for more than 90 days per year. The law is scheduled to take effect on October 1st.

Events

Tues., 5/15

If you’re in the Bay Area …

New America

2020 Census: Everyone Counts

12:30-1:30

SPUR
1544 Broadway Oakland

FCC

Webinar: Information for Older American Consumers

2PM-3PM

If you’re in New York …

Politico’s Women Rule Networking Event

The Future of Female Entrepreneurship

6PM-8PM tomorrow, Wed. May 15

New York

This event has a high demand and the location isn’t public. But you can find the link to the interest list in the show notes.