Google’s puppeteering of FCC-sponsored piracy in the FCC AllVid set-top box proposal is not the first time Google has anticompetitively used piracy promotion to gain an anticompetitive market advantage for YouTube’s monopsony power — i.e. its market power from being the only repository in the world where one can access a copy of most every video created whether it is legal or pirated, and where Google often promotes pirated videos near the top of its search results.
Google has privacy clay feet. The NSA and Big Data may also, since they are relying on many of the same outdated legal assumptions as Google. In the last few months, both the U.S. Supreme Court and European authorities have made new baseline privacy decisions that have greatly strengthened individuals’ right to privacy. As a result, they’ve also exposed and heightened Google’s massive privacy liabilities.
Google Glass’ easy eavesdropping on people may be illegal wiretapping. Two courts already have ruled in different class actions that Google can be sued for illegal wiretapping for “interceptions” of personal information without meaningful consent — in circumstances analogous to how Google Glass operates.