All posts by Consumer Watchdog

Report From Institute of Medicine Calling For Sweeping Reforms at CA Stem Cell Agency Welcomed

Photobucket

Consumer Watchdog Thursday welcomed a report from the prestigious Institute of Medicine (IOM) calling for sweeping reforms in governance at California’s stem cell agency and an end to the board’s built-in conflicts of interest.

The report said that “far too many board members represent organizations” that receive funding or benefit from the stem cell agency. The IOM said that the board’s oversight function should be separated from the day-to-day management of the California Institute for Regenerative Medicine (CIRM).

“The IOM’s critical report echoes what every independent evaluator has said in the past,” said John M. Simpson, Consumer Watchdog’s Stem Cell Project director. “As we have repeated from the beginning, CIRM suffers from built-in conflicts of interest and needs to separate the board’s oversight function from day-to-day management.”

“It’s long past time to make the changes the report calls for, but given the spin the agency put on its response — saying the report praises the ‘agency as a bold innovation’ — shows it’s business as usual. This sort of behavior will only ensure that CIRM doesn’t get another round of public funding,” Simpson said.

CIRM is expected to run out of money for new grants by 2017.  CIRM paid $700,000 to IOM for the report.

Click here to read the IOM release.

Click here to read CIRM’s release.

The IOM report said neither the chairman nor board members should be members of the agency’s working groups.  It recommended the working groups report to the agency’s president.

IOM said CIRM should expand its definition of a conflict of interest beyond financial conflicts including such things as the potential for personal conflicts of interesting arising from one’s own affliction with a disease of personal advocacy on behalf of that disease.

FTC should proceed with case against Google

Photobucket

When you stare down a $220 billion corporation, it’s hard not to blink. But if the Federal Trade Commission doesn’t deliver on its ultimatum to Google that it settle its antitrust problems soon for real relief or face prosecution, then consumers will never get the open and unfettered online and mobile access to information they deserve.

While the government’s battle with Microsoft in the 1990s was about whether the dominant software company could bundle software and an Internet browser, the antitrust case against Google is about whether one company should have so much control over online information that it can steer us any where it chooses for its own profit.

This is the power to make or break businesses, control online discourse, and steer consumers to the Internet giant’s own websites and affiliated businesses, all based on tweaking an unseen algorithm and holding a network of key online and mobile gateways and properties.

Google’s 70% control of online searches and 90% control of mobile searches, along with its dominant Android mobile operating system, patents, and vast content acquisitions make it the Standard Oil of our time.

The allegations against Google are that it restrains online trade with biased search results that drive consumers to the content it owns (Google Travel, Products, YouTube, Maps, Google+, etc.) or content it chooses, as opposed to that favored organically by the public.

Restraint of trade may be different today than in 1911 when the U.S. Supreme Court ordered John Rockefeller’s Standard Oil broken into parts under the Sherman Antitrust Act. Nonetheless the antitrust principle of preventing dominant players from playing unfairly and hurting consumers by driving out legitimate competition is very real for Google’s 2012 business model.

The principle at stake in the FTC case is critical: If you want to do business online, should you be forced to do business with Google?

Companies like Foundem, Nextag, AsktheBuilder.com and Kayak have been threatened with closing because they have fallen on the wrong side of the assumptions in Google’s Search algorithm. The evidence shows that Google increasingly steers consumers to what it determines to be “quality” web sites – aka those that use Google services and support its business model. If you are not on Page One of a Google Search, your business is not alive, even though you may be the business that consumers prefer in the market, just not Google’s “type” of business.

Counterfeit industries and black markets for prescription drugs, predatory loans and entertainment have also profited because Google has turned a blind eye to the source of its massive advertising dollars and, as a result, companies that play by the rules have been hurt. Example: Google paid the US $500 million last year for illegal pharmacy advertising. Copyright and other intellectual property rights held by authors, artists, musicians, journalists and Hollywood are also increasingly thrown to the wind because of Google’s dominance, bias against respecting them and the money to be made from “free” content and pirated products.

Can such a dominant search and content Goliath really provide open access that isn’t biased toward its ownership interests?

Google founders Larry Page and Sergey Brin didn’t think so when they went to Stanford.

“We expect that advertising funded search engines will be inherently biased towards the advertisers and away from the needs of the consumers,” they wrote in Appendix A of their research paper explaining their search technique. “Since it is very difficult even for experts to evaluate search engines, search engine bias is particularly insidious.”

Consumers often don’t know that they are being steered or why, so it takes an engineer to show them. Recently engineers from Twitter, MySpace and Facebook showed that Google’s new social search feature steers users to less relevant and less popular spots, like Google+, to promote Google services, rather than Twitter and other spots with unquestionably more traffic. Google increasingly wants our world to be its world.

The young Google founders argued in their Stanford research paper that launched Google that overt bias won’t be tolerated, but covert steering would be acceptable. “For example, a search engine could add a small factor to search results from friendly companies, and subtract a factor from results from competitors,” they wrote. ” This type of bias is very difficult to detect but could still have a significant effect on the market.”

And this is the most dangerous type of bias in the hands of company as big and controlling as Google.

The European Commission is demanding the Internet giant change its ways or face a formal complaint. The Federal Trade Commission, rumored to be backing away from a staff recommendation in favor of legal action, owes the public a prosecution of Google in order to reveal the evidence it has collected. Help us keep the FTC off the fence – send an email to the Commission today to tell them to file the antitrust lawsuit today!

___________________________________________________________________

Originally posted on November 30th, 2012 on the Hill. Posted by Jamie Court, author of The Progressive’s Guide to Raising Hell and President of Consumer Watchdog, a nonpartisan, nonprofit organization dedicated to providing an effective voice for taxpayers and consumers in an era when special interests dominate public discourse, government and politics. Visit us on Facebook and Twitter.

Keep The Internet Free

Photobucket

Should one company be able to control how you use the Internet and what you see?

Google — with 70% of online search and 90% of mobile search markets — is increasingly doing this.  Evidence before the Federal Trade Commission (FTC) shows that Google skews its results towards its own services and commercial priorities, when consumers believe they are getting the most “popular” organic result.

After a year’s probe the FTC’s staff has recommended antitrust prosecution, but politics may be stopping the suit. Please send an email today asking the Commission to approve that antitrust suit.

Consumer Watchdog cheered when the FTC took up its antitrust investigation, which we began calling for more than two years ago. Recently there have been reports that the Commissioners are wavering and may not act against the Internet giant.  You can help us make sure the five commissioners don’t cave.

Google uses its monopoly on the Internet and in the mobile space to bias searches in favor of its own products and services, harming consumers and competitors alike.  The time for action is now.  Ask the Commission to adopt its staff’s recommendation and approve an an antitrust suit against Google.

For more information on our support for the FTC’s antitrust investigation read our letter to the Commission here.

____________________________________________________________________

Posted by John M. Simpson. John is a leading voice on technological privacy and stem cell research issues. His investigations this year of Google’s online privacy practices and book publishing agreements triggered intense media scrutiny and federal interest in the online giant’s business practices. His critique of patents on human embryonic stem cells has been key to expanding the ability of American scientists to conduct stem cell research. He has ensured that California’s taxpayer-funded stem cell research will lead to broadly accessible and affordable medicine and not just government-subsidized profiteering. Prior to joining Consumer Watchdog in 2005, he was executive editor of Tribune Media Services International, a syndication company. Before that, he was deputy editor of USA Today and editor of its international edition. Simpson taught journalism a Dublin City University in Ireland, and consulted for The Irish Times and The Gleaner in Jamaica. He served as president of the World Editors Forum. He holds a B.A. in philosophy from Harpur College of SUNY Binghamton and was a Gannett Fellow at the Center for Asian and Pacific Studies at the University of Hawaii. He has an M.A. in Communication Management from USC’s Annenberg School for Communication.

Proposed Anthem Blue Cross Rate Hike Could Mean Future Refund Checks for Consumers

Photobucket

Anthem Blue Cross could owe big refund checks to 730,000 Californians if its proposed rate hikes of up to 25% are deemed excessive thanks to an initiative voters will consider on the 2014 ballot.

The ballot measure requires health insurance companies to get approval before raising rates and allows that refunds be ordered on rates that are considered excessive after November 6, 2012.  When voters approve the measure, the insurance commissioner will have the power to retroactively order refunds for excessive rates.

Read the initiative here

“Anthem and every health insurance company in California are on notice: Excessive rate hikes they impose today could mean big refund checks for consumers down the road,” said Carmen Balber with Consumer Watchdog.

Anthem has proposed rate hikes averaging 18%, and as high as 25%, for 630,000 individual policyholders.

It has proposed rate hikes averaging 15%, and as high as 25%, for another 100,000 individual policyholders.

The Insurance Rate Public Justification and Accountability Act qualified for the ballot in August, after Consumer Watchdog Campaign and allies submitted petitions containing 800,000 voter signatures.

“Californians can no longer afford the outrageous double-digit rate hikes health insurance companies like Anthem have imposed year after year, and sometimes multiple times a year, ” said Jamie Court, proponent of the ballot measure and president of Consumer Watchdog. “This initiative gives voters the chance to take control of health insurance prices by forcing health insurance companies to publicly open their books and justify rates, under penalty of perjury.”

Senator Dianne Feinstein, the first person to sign the ballot petition, is an honorary co-chair of the ballot initiative campaign, which is also supported by California Insurance Commissioner Dave Jones.

The ballot initiative builds on California’s successful model of rate regulation for auto, home and other property and business insurance. That law, Proposition 103, was enacted by the voters in 1988 and has saved California drivers $62 billion since it was enacted.

The Insurance Rate Public Justification and Accountability Act:

  • Requires health insurance companies to publicly disclose and justify, under penalty of perjury, proposed rate changes before they take effect.
  • Makes every document filed by an insurance company to justify a rate increase a public record.
  • Requires public hearings on proposed rate increases.
  • Gives Californians the right to challenge excessive and unfair premium rate increases.
  • Prohibits health, auto and home insurers from considering Californians’ credit history or prior insurance coverage when setting premiums or deciding whether to offer coverage.
  • Gives the elected insurance commissioner authority to reject unjustified rate increases.

Senators Add Fire to Scandal Over Phony California Fuel Crisis

Photobucket

Today, senators from California, Washington and Oregon joined our call to investigate refineries, asking the Department of Justice to comb through California refineries one by one to see whether market manipulation or false reporting by oil refineries had something to do with record $5 a gallon prices at some California gas stations last month and near record prices earlier in the year.

Read our letter to California Attorney General Kamala Harris here.

“We are requesting a Department of Justice investigation of possible market manipulation and false reporting by oil refineries which may have created the perception of a supply shortage, when in fact refineries were still producing,” wrote six Senators, including California Senators Dianne Feinstein and Barbara Boxer.

The Senators cited the same report we did by McCullough Research concluding that price spikes in May and October happened while crude oil prices were declining, and inventories were increasing, possibly in conjunction with misleading market-making information.

The Senators called on Attorney General Eric Holder to use existing authority to prevent and prosecute fraud and collusion, and to draw upon the Federal Trade Commission to prohibit fraud or deceit in wholesale petroleum markets, and on the Securities and Exchange Commission, the Commodity Futures Trading Commission, and the Federal Energy Regulatory Commission to exercise their power to prevent the use of any “manipulative or deceptive device or contrivance.”

Read the Senators’ entire letter here.

Consumer Watchdog wrote California Attorney General Kamala Harris on November 15 calling for a criminal investigation of possible market manipulation or false reporting by refineries to drive up the price of gas to the highest in the nation, based on the McCullough report.  

Between the Justice Department and its collaboration with other agencies in Washington and the California Attorney General on the West Coast, consumers should be getting some answers about why wild gyrations in the price of gas cost them $1 billion dollars extra in a short span of time in October, adding up to a 66-cent-per-gallon windfall for oil companies, or about $25 million a day, according to the McCullough report.

Google Ruling Shows Need For Do Not Track And Strong Antirust Action

Gavel

A federal judge’s ruling late Friday in a key privacy case demonstrates the need to implement tough “Do Not Track” rules and to take decisive action on the antitrust front against Google.

Judge Susan Illston approved the Federal Trade Commission’s $22.5 million settlement with the Internet giant for hacking past privacy settings on Apple’s Safari browser in U.S. District Court in San Francisco, in a deal that Consumer Watchdog had argued was insufficient in light of Google’s wanton privacy violations.

“The Court also grants additional deference where the decree has been negotiated  by a governmental agency that is an expert in its field,” Judge Illston said in her decision.

I was disappointed with the ruling, but think we made important points that will affect how similar cases are dealt with in the future. Drawing the public’s attention to this case was tremendously important. I’m glad we did it.

Attorney Gary Reback of Carr & Ferrell represented us as an amicus curiae or friend of the court. Frankly, I expected an uphill battle with Google and the FTC aligned against us.  Together the government and Google defended the deal that had been negotiated in secret.

Judge Illston did not surprise when she began the hearing by saying her “preliminary view” was to approve the settlement. We opposed the deal for three basic reasons:

1. The settlement allows Google to deny that it did anything wrong.

2. The $22.5 million fine — a lot for you and me — is insufficient for a company like Google with revenue of $40 billion a year. Really it’s just chump change. Google makes $22.5 million in about five hours. Google was liable for fines totaling $16,0000 per day per violation. If you consider each wrongly placed cookie a violation — and you should — Google quickly reaches a liability in the billions. A fine of that magnitude would have caught Google executives’ attention.

3. The injunctive relief in the settlement is insufficient.  Google is allowed to keep the ill-gotten data it obtained by hacking around the Safari privacy settings, which is the browser used on iPhones and iPads.

Reback made the arguments in two excellent briefs before the hearing. Both are well worth reviewing. The first is particularly valuable for the way it lays out Google’s history of privacy invasions. Read the original amicus brief here and our response brief here.

As the hearing began Judge Illston said there was no need to require Google to admit it did anything wrong. She said she had no problem with the amount of the fine. She did, however, have questions questions about allowing the Internet giant to retain the wrongfully acquired data.

The government and Google’s attorneys tried to make the case that the Google wouldn’t use the information, so keeping it was irrelevant. I thought Reback effectively rebutted their position, but then, you’d expect me to think that.

By the end of the day, though, Judge Illston had ruled against us.  As Reback told The Associated Press’ Mike Liedtke, after the hearing, a consent decree ”is not a good way to police Google,”

What the decision does is allow Google executives  to buy their way out of trouble with what for them is pocket change and then deny doing anything wrong.  As our briefs made clear, Google has demonstrated an ability to out maneuver government regulators repeatedly and ride roughshod over the privacy rights of consumers.  Google continues to be disingenuous about its practices.

That’s why the decision makes two things clear: First, if consumers are to have any privacy at all and be able to control what data is gathered about them, tough Do Not Track rules must be implemented. Second, as we told the FTC last week, the Commission needs to file an antitrust suit against Google and take it to trial in U.S. District Court. The FTC should seek to force Google to divest its Motorola Mobility subsidiary, separate  search from advertising, and undergo the same sort of regulation as a public utility.

The Federal Trade Commission’s role in keeping Google’s abuses in check is essential. The Internet is too important to allow an unregulated monopolist to dominate it.

____________________________________________________________________

Posted by John M. Simpson. John is a leading voice on technological privacy and stem cell research issues. His investigations this year of Google’s online privacy practices and book publishing agreements triggered intense media scrutiny and federal interest in the online giant’s business practices. His critique of patents on human embryonic stem cells has been key to expanding the ability of American scientists to conduct stem cell research. He has ensured that California’s taxpayer-funded stem cell research will lead to broadly accessible and affordable medicine and not just government-subsidized profiteering. Prior to joining Consumer Watchdog in 2005, he was executive editor of Tribune Media Services International, a syndication company. Before that, he was deputy editor of USA Today and editor of its international edition. Simpson taught journalism a Dublin City University in Ireland, and consulted for The Irish Times and The Gleaner in Jamaica. He served as president of the World Editors Forum. He holds a B.A. in philosophy from Harpur College of SUNY Binghamton and was a Gannett Fellow at the Center for Asian and Pacific Studies at the University of Hawaii. He has an M.A. in Communication Management from USC’s Annenberg School for Communication.

Congressional Hearings Called For In Hyundai MPG Sticker Scandal

Hyundai

Consumer Watchdog today called upon leaders of the House and Senate Commerce committees to hold hearings into the revelation by the EPA that for the first time in American history large numbers of vehicles carried window stickers with false MPG claims.

The nonprofit consumer group wrote the EPA one year ago calling for retesting of the Hyundai Elantra after Hyundai’s self-tested MPG estimates were far different than many consumers’ experiences.  Earlier this month, just prior to the presidential election, the EPA announced it had revised MPG claims and window stickers on many Hyundai and Kia vehicles. Consumer Watchdog today asked Congressional leaders to delve into whether the misstated mileage estimates were a direct result of a marketing strategy by Hyundai to advertise four of its vehicles, including the Elantra, as “40 Miles Per Gallon” cars.

“Americans deserve to know the whole truth when the fuel economy claims of a large number of vehicles have been misstated by one of the world’s largest automakers for the first time in American history,” wrote Consumer Watchdog president Jamie Court to Senators Jay Rockefeller and Kay Bailey Hutchison of the Senate Commerce Committee and Representatives Fred Upton and Henry Waxman of the House Commerce Committee.

The letter requests that the companies’ chief executive officers be called to testify under oath and that relevant documents be subpoenaed.

The letter, which can be downloaded here, continues:

“One year ago, in response to consumer complaints, Consumer Watchdog sent a letter to the United States Environmental Protection Agency (EPA) expressing concerns about the fuel economy MPG (miles per gallon) estimates advertised on the EPA window sticker of the Hyundai Elantra and requesting that the EPA re-test the Elantra.  In January 2012, after it appeared that the EPA would not perform the testing, Consumer Watchdog then called upon the White House to direct the EPA to conduct such an audit.  Earlier this month, on the Friday before the presidential election, the EPA issued a brief press release announcing that it had required Hyundai and Kia to lower MPG estimates and change the window stickers for the Elantra and ‘for the majority of their model year 2012 and 2013 models after EPA testing found discrepancies between agency results and data submitted by the company.’

“According to the EPA announcement, ‘EPA’s audit testing occasionally uncovers individual vehicles whose label values are incorrect and requires that the manufacturer re-label the vehicle. This has happened twice since 2000. This is the first time where a large number of vehicles from the same manufacturer have deviated so significantly.’

“As we wrote to President Obama in January, Hyundai’s deceptive MPG estimates has greatly disadvantaged American automakers, as well as the American taxpayer, whose full faith and credit have financially sustained those companies.

“We call upon you to hold hearings to give the American people more information about the Hyundai-MPG scandal.

“Unbeknownst to most Americans, automakers self-test their vehicles to determine the EPA MPG claim that appears on the EPA-mandated window sticker.  Elantra drivers alerted us to the fact that their MPG experience was very different than the promised ‘EPA’ numbers.”

The “40 Mile Per Gallon Elantra” was the centerpiece of a massive television, print and radio advertising campaign aimed at convincing drivers that they would save money with $4 per gallon gasoline, when in fact drivers were routinely getting ten miles per gallon less than advertised.  Hyundai widely advertised and promoted its four vehicles that received 40 miles per gallon — the Elantra, Sonata Hybrid, Accent and Veloster – but all were reported by the EPA as having falsified MPG estimates on their window stickers.

“We urge you to hold hearings in order to ascertain how Hyundai arrived at its ’40 Mile Per Gallon’ claims and whether the South Korean company’s business strategy led to falsified mileage estimates submitted to the EPA and incorrect window stickers.  The consequence of the incorrect window stickers has been a loss in sales by American car manufacturers whose MPG window stickers have not been found to be false and who played by the rules,” continued the letter.

“We believe the companies’ chief executive officers should be put under oath and documents related to the testing should be subpoenaed in an effort to understand the cause of the false mileage estimates and window stickers.  The false testing that led to the conveniently round “40 mile per gallon” numbers on the window stickers of four vehicles is very likely to have its roots in a marketing decision at the highest levels of the company. Hyundai/Kia drivers and the American people deserve to know the truth and have those involved answer questions on the matter.”

Political bloggers should reveal funding

Jamie CourtWednesday, the California Fair Political Practices Commission takes up the question of whether political bloggers should have to disclose who pays them to blog in political campaigns. Sacramento’s consultant establishment, both on the left and the right, has been hiding behind free speech protections to propagandize and cut the legs out from under credentialed authorities on behalf of any interest group.

Because voters increasingly rely on information online, paid blogger-based attacks that masquerade as real journalism are one of the biggest rackets in Sacramento.

Journalists get fired for lying. Tax-exempt nonprofit groups can have their tax status revoked if they lie and propagandize. They are subject to disclosure requirements by the IRS, the state Fair Political Practices Commission and the U.S. attorney general. Political bloggers, on the other hand, can get paid to blog lies and are accountable to no one.

How does the paid-blogger racket work? A consumer group like mine finds itself in the crosshairs of a powerful industry. For example, this summer we qualified a ballot measure to regulate health, home and auto insurance rates that will be on the 2014 ballot. This fall, we successfully defeated Proposition 33, the $17.5 million campaign by one insurance company billionaire to deregulate auto insurance.

We were outspent 70 to 1 on the Prop. 33 fight, but we had a strong online voice and large lists of supporters. Our enemies know that our credibility as a consumer group is our main asset. So suddenly a new group was created to “watch” Consumer Watchdog by a Democratic Sacramento political blogger and consultant, Steve Maviglio.

He misstated facts about our funding on his blog and on his new website, made an expensive online video that showed a fake picture of our founder’s house to claim it was a mansion, and took out advertising on Google, YouTube and elsewhere around the Web. He claimed no one paid him for any of that work or advertising, but that he simply had a grudge. Remarkably, the day after the election, when voters rejected Prop. 33, the Google ads were no longer running.

Maviglio was joined in his online assault by a couple of Republican consultants and bloggers. None would disclose who, if anyone, paid them. A California Watch story noted an attack by “Republican consultant Rob Stutzman, who is working with an opposition research firm but wouldn’t say who is paying for the effort.” Republican blogger Jon Fleischman wrote an attack blog without bothering to check the facts, then forwarded it to our founder saying: “Thinking about you this holiday season. Happy Hanukah.” Very journalistic.

Who regulates Maviglio, Stutzman and Fleischman, or requires that they disclose their funding? That is the subject of the FPPC deliberations.

Not surprisingly, Maviglio and Fleischman are the most vociferous opponents of any changes to the status quo.

What should be done?

  • Political bloggers should be required to comport themselves with the ethics of journalists if they are claiming First Amendment protection. Bloggers on political issues in California should be required to disclose financial conflicts of interest or face sanctions by the FPPC and public prosecution. “Paid for” political disclosures are cumbersome for bloggers and websites but requiring simple disclosure of payments made by entities involved in political issues in the context of content is no more than we ask of journalists.
  • Legal loopholes allow monied interests to pay unlimited amounts to bloggers for attacks on their opponents. These payments are never disclosed so long as the bloggers don’t expressively advocate how to vote on the ballot measure. Bloggers should be required to disclose such payments.
  • Advertising on a blogger’s website paid for by an interest group with a dog in a political fight should be disclosed. This is one way to compensate someone voicing an opinion without disclosing it.

The good news about the new media is that anyone can create their own media outlet. The bad news is that without regulation it will be harder than ever to decipher whose opinions and voices we are hearing online.

____________________________________________________

Jamie Court is President of Consumer Watchdog and a director of the Consumer Watchdog Campaign

Originally published in the San Francisco Chronicle on November 14, 2012

Google Gets Antitrust Ultimatum From FTC

FTC

Federal Trade Commission Chairman Jon Leibowitz has given Google what Bloomberg News Service describes as an ultimatum to settle the agency’s antitrust investigation in the next few days or face a lawsuit.

Citing unidentified sources, Bloomberg reporter Sara Forden on Monday wrote:

“Google has been in discussions with the agency for about two weeks and hasn’t put any remedy proposals on the table, said the people, who declined to be identified because the negotiations are private.”

FTC staff have been investigating whether the Google has been abusing its dominance of the Internet for more than a year.  The staff has reportedly recommended issuing a complaint focused on Google’s search practices and also for misusing its patents to block rivals smartphones.

The FTC has told Google it won’t accept a resolution short of a consent decree, Bloomberg’s Forden wrote,  and is prepared to take action in the next week or two.

Google is continuing its usual happy-face spin. “We continue to work cooperatively with the Federal Trade Commission and are happy to answer any questions they may have,” Google Spokesman Adam Kovacevich told Bloomberg.

At first blush the idea that the FTC is holding out for a consent decree may sound reassuring.  For what it’s worth though, I’m a little concerned that a settlement  might not do enough.

Chairman Leibowitz is expected to step down from the agency soon.  There is speculation that in a nod toward his legacy, he might be willing to agree to a less than adequate settlement, just to be able to say the FTC got the Internet giant on his watch.

Franky, there is a similar concern among privacy advocates that there could be a willingness to accept a weak Do Not Track standard for the same reason.

If the Commission files a lawsuit, the FTC could proceed in its own administrative court or in federal court.  No decision has been made about the venue.

Meanwhile there was a development over the summer that might give Google pause.  The Commission has changed its policy and can now seek “disgorgement” — forcing a firm to surrounded profits as an antitrust penalty.  If the FTC goes that route, it might really concentrate the minds of the geeks in Mountain View.

And don’t forget the other side of the Atlantic.  The EU is pressing Google to resolve its antitrust concerns or face a formal complaint.  That, too, could come in a matter of weeks.

_________________________________________________________________

John M. Simpson is a leading voice on technological privacy and stem cell research issues. His investigations this year of Google’s online privacy practices and book publishing agreements triggered intense media scrutiny and federal interest in the online giant’s business practices. His critique of patents on human embryonic stem cells has been key to expanding the ability of American scientists to conduct stem cell research. He has ensured that California’s taxpayer-funded stem cell research will lead to broadly accessible and affordable medicine and not just government-subsidized profiteering. Prior to joining Consumer Watchdog in 2005, he was executive editor of Tribune Media Services International, a syndication company. Before that, he was deputy editor of USA Today and editor of its international edition. Simpson taught journalism a Dublin City University in Ireland, and consulted for The Irish Times and The Gleaner in Jamaica. He served as president of the World Editors Forum. He holds a B.A. in philosophy from Harpur College of SUNY Binghamton and was a Gannett Fellow at the Center for Asian and Pacific Studies at the University of Hawaii. He has an M.A. in Communication Management from USC’s Annenberg School for Communication.

Consumer Watchdog Mobile Application Goes Live with 5-Star Rating

Karl Rove

Karl Rove, Hyundai and Elizabeth Warren Can Go In “The Dog House” With Consumer Watchdog’s New Free App That Lets iPhone Users Create Meme-Like Images

Leading Consumer Group Offers Alerts, News & Expression In 5-Star Rated App

Consumer Watchdog’s new five-star rated app gives iPhone and iPad users a way to complain, stay informed and be engaged on the top consumer issues of the day. A popular feature, the “Consumer Watchdog Dog House,” allows consumers to take a photo with their phone and satirize or applaud a politician, company or product and share it with their networks.

Hyundai“Consumer Watchdog Mobile is a great new way to express your thoughts on the election. Think Super PACs poisoned the election? Now you can take a picture with your phone and put them in an actual Dog House. Win a ballot initiative fight for marriage equality? Announce it to everyone you know with the Dog House Daily Times,” said Carmen Balber, Washington DC Director for Consumer Watchdog.

The free Consumer Watchdog Mobile application can be downloaded from the Apple App Store or by clicking this link

Consumer Watchdog Mobile features:

1) Live updates of Blogs, News, Videos and Podcasts – Stay up-to-date on breaking consumer protection news and ongoing Consumer Watchdog campaigns.

Elizabeth Warren

2) Real-time Consumer Complaints – Report problems and complaints as they occur, and view others that match your own.

3) Mobile Action Center – With weekly Consumer Watchdog actions, contact a member of Congress or email a corporate CEO on the go.

4) Consumer Watchdog Dog House – Satirize a politician, company or faulty product and share it on social media. Nine meme-like templates let you literally put a politician in the Dog House, set corporate executives’ “pants on fire” or point out a lobbyist who’s swimming in cash.