Congress created a safe harbor for defamation in 1996 and for copyright in 1998. Both safe harbors were designed to ensure that the Internet would remain a participatory medium of speech.
President Obama is a big supporter of keeping the Internet open. During his presidential campaign, he pledged his support to net neutrality repeatedly.
Being a 'monopoly' is not illegal, nor is trying to best one's competitors through lower prices, better customer service, greater efficiency, or more rapid innovation.
President Obama's FCC Chairman, Julius Genachowski, has a reputation in D.C. of being a 'tepid' regulator. From reports of his net neutrality proposal, he's living up to that reputation.
Google (and Bing and Yahoo!) don't 'owe' any company traffic. If a company has to spend more on advertising on Google, in addition to investing in search-engine-optimization, that is not a violation of any law.
In 1984, the Federal Trade Commission released a report that explained why taxis could charge customers exorbitant prices for dismal service. The simple reason, according to the 176-page study: lack of competition in the market. The culprit: local governments.
Almost 85 percent of the Latin American market is subject to net neutrality rules, and the European Parliament already favors strong ones.
The iPhone will forever be associated with the inventive genius of Steve Jobs and Silicon Valley. But the roots of innovation can be traced back - from one genius to another, at least - back to the genius who put the phone in iPhone: Alexander Graham Bell.
I'm all in favor of the FTC investigating companies when it believes there is proper cause to do so. An investigation, however, can lead to political pressure to bring a case, even if such a case is unwarranted.
If a company is not a monopoly, then the law assumes market competition can restrain the company's actions. No problem. If a monopoly exists, but the monopoly does not engage in acts designed to destroy competition, then we can assume that it earned and is keeping its monopoly the pro-consumer way: by out-innovating its competitors.
Google's competitors fail to demonstrate that Google's actions stifle competition rather than reflect pro-consumer innovations.
Google's competitors argue that Google designs its search display to promote Google 'products' like Google Maps, Google Places, and Google Shopping, ahead of competitors like MapQuest, Yelp, and product-search sites.
Google pays advertisers based not just on payment per click but also by number of clicks. The interplay between the two sets the prices, so a government-regulated price for 'equal access' might be difficult to set.
Companies like Pinterest and Twitter did not become sensations because of Google search but because of the many ways users find out about great sites.
Much of my work strikes me as pretty unified: as a lawyer, working in several areas, I have thought about how to promote freedom of speech broadly for everyone.
I find personalized search convenient - I read stories on my Facebook feed, my Twitter feed, daily email services, and my iPhone's Flipboard app, and would love to be able to focus my searches on just those particular services.
Facebook refuses to let Google index or display content from its site. Facebook has partnered with Bing to make its results more social. Is Facebook acting to leverage its dominance in social towards a dominance in search?