As regulators get tough, Big Tech's easy ride is coming to an end

As regulators get tough, Big Tech's easy ride is coming to an end


For the tech monoliths, the payoff for lobbying lawmakers and keeping watchdogs tied up in court is looking less certain as regulations gather momentum | (Photo: Shutterstock)


By Parmy Olson

 

Tech companies of a certain size have long expected an easy ride from authorities, and for good reason. They always got it.

Apple Inc. for years abused loopholes to pay virtually zero tax in the European Union while generating record profits there, thanks to special treatment from Ireland, where it bases its European headquarters. Alphabet Inc.’s Google for years was able to entrench its dominance in search thanks to the special treatment the company gave its own shopping service over competitors.  

 


Now Google and Apple are getting slapped for those blatantly unfair advantages. The EU is forcing Apple to pay €13 billion ($14.4 billion) in back taxes to the Irish government, and Google to pay a €2.4 billion fine for rigging its platform. For both, it’s the end of the line on appeals. Of course, the payments are just a cost of doing business — pocket change, really — and the companies can pat their lawyers on the back for dragging the cases out in court for years with endless appeals.

 


But the era of protracted cases is fading. The EU is transitioning to a period where its trust busters can be quicker and, as much as you can use the word to describe regulators, nimble, harnessing a more efficient legal framework to combat anticompetitive behaviour from the likes of Alphabet, Apple, Meta Platforms Inc., Amazon.com Inc., Microsoft Corp. and Nvidia Corp.


Until now, regulators had to be clever about how they used old, outdated rules to pursue their court cases. It’s why proceedings took so long to play out. The European Commission based Apple’s Irish tax case on a misuse of state aid, deploying laws that typically don’t have anything to do with tax. Legally, “it was a very creative approach,” says Anne Witt, a professor at EDHEC Business School’s Augmented Law Institute. At the heart of the case was figuring out how to prove Ireland was giving Apple selective aid, which was also technically challenging to calculate, Witt adds.


Until now, regulators had to be clever about how they used old, outdated rules to pursue their court cases. It’s why proceedings took so long to play out. The European Commission based Apple’s Irish tax case on a violation of the EU State aid rules, which typically concern subsidies or grants. Legally, “it was a very creative approach,” says Anne Witt, a professor at EDHEC Business School’s Augmented Law Institute. At the heart of the case was figuring out how to prove Ireland was giving Apple selective aid, which was also technically challenging to calculate, Witt adds.


But from this year onward, Europe’s authorities have a whizzy new tool, a regulatory innovation as meaningful to antitrust policy as ChatGPT was to generative artificial intelligence. It’s the Digital Markets Act (DMA), a law that large tech platforms had to start complying with in March. With any luck, the EU won’t be caught on the back foot quite as much, chasing after wrongdoing with investigations that run longer than it takes to put a child through school.


Now the big tech platforms have clear rules they must follow upfront. For instance, the DMA states that Apple and Google must allow their users to uninstall default apps on their devices like Apple Maps and Gmail, to promote competition. Google searches also don’t highlight results on Google Maps as easily as they did before.


Instead of drawn-out legal battles and appeals, the DMA should also lead to swifter resolution: fines of as much as 10 per cent of a company’s worldwide earnings, for instance. And instead of narrow investigations like the Google shopping case, the law covers far more ground, applying to everything from app stores to social media.


Spokespeople for Apple and Google both said the companies were “disappointed” with the court decisions this week. But Margarethe Vestager, the EU’s outgoing competition chief for whom these cases are a validating swan song, said they showed even the most powerful tech companies can be held accountable. 


That’s a growing sentiment across the Atlantic, where a US judge ruled last month that Google had rigged the search engine market and was a monopolist — and where for the first time in history, the prospect of breaking up a big tech firm (Google) is looking possible. The goal is to eventually create some more room for smaller companies to innovate and enter markets dominated by the giants and reduce the pressure to sell to those firms. 


For the tech monoliths, the payoff for lobbying lawmakers and keeping watchdogs tied up in court is looking less certain as regulations gather momentum. The DMA is one of the most radical approaches yet for keeping monopolistic practices in check, giving Europeans more control than anyone else in the world over what apps they can put on their smartphones and how their data is shared. 


How smoothly that transpires through the end of this year and into 2025 is still an open question, but it’s clear that Apple, Google and other big players will have to start waving goodbye to the advantages they’ve clung to for far too long.


Disclaimer: This is a Bloomberg Opinion piece, and these are the personal opinions of the writer. They do not reflect the views of www.business-standard.com or the Business Standard newspaper

First Published: Sep 12 2024 | 11:14 AM IST



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iPhone 16 series: Camera button returns to Android following Apple debut

iPhone 16 series: Camera button returns to Android following Apple debut


Apple has introduced a new button dedicated to camera controls with the iPhone 16 series launch. While camera shutter buttons have been available on smartphones for some time, Apple’s announcement has brought it back into the spotlight. This development might prompt other companies to adopt similar features.


The president of Nubia, a Chinese smartphone manufacturer, announced on Weibo, a microblogging site, that the Nubia Z70 Ultra smartphone will feature a “more realistic” camera button. He also confirmed in a reply to a follower that the shutter button will support a half-press for focus and a full press for capturing images. This was first reported by Android Authority.

 


According to an Android Authority report, Chinese smartphone maker OPPO is also planning to equip its upcoming premium flagship smartphone series with a similar button. Leaks suggest that the OPPO Find X8 series will incorporate a “Quick Button” for photo capture. It remains unclear whether this button will support swipe gestures for zooming, as seen in the iPhone 16’s button, or if it will function solely as a physical shutter button. The Pro variant of the OPPO Find X8 series is anticipated to feature a 10x telephoto camera, potentially making it the second smartphone to offer this capability after the Samsung Galaxy S23 Ultra.


Smartphone makers such as Nokia, HTC, and Sony Ericsson have previously included shutter buttons on Symbian, Windows Phone, and Android devices. Sony has offered a two-stage camera shutter button on earlier models, and the recently launched Xperia 1 VI also features this function.


iPhone 16 Camera Control: What is it?


The Camera Control button on the iPhone 16 series is integrated into the device’s frame and features a “high-precision” force sensor that provides haptic feedback akin to a DSLR camera shutter. This button also includes a capacitive touch sensor that detects actions such as clicks and slides. It offers quick access to various camera functions: a single click opens the Camera app, another click takes a photo, and in video mode, a click starts or stops recording. This button is available on all four iPhone 16 models.

First Published: Sep 12 2024 | 10:53 AM IST



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India launches online 'suspect registry', 1.4 mn listed for financial fraud

India launches online 'suspect registry', 1.4 mn listed for financial fraud



Union Home Minister Amit Shah launched an online ‘suspect registry’ this week, containing data on 1.4 million cybercriminals linked to financial fraud and various cybercrimes. The registry is accessible to states, Union Territories, as well as central investigation and intelligence agencies, and has been developed by the Indian Cyber Crime Coordination Centre (I4C).

 


The initiative, in collaboration with banks and financial intermediaries, aims to enhance the fraud risk management capabilities of the country’s financial system, officials said.




The National Cybercrime Reporting Portal (NCRP) is receiving an average of 67,000 daily calls from citizens reporting cyber fraud, according to I4C Chief Executive Rajesh Kumar. Since its inception in 2021, the Indian Cybercrime Coordination Centre (I4C) has managed to recover Rs 2,800 crore defrauded from around 850,000 victims, Kumar said.

 

 


To date, approx 4.78 million cyber complaints have been filed on the portal, involving 171.3 million victims. The complaints include cases of child sexual abuse material (CSAM), with 17,000 first information reports (FIRs) registered in connection with CSAM cases. The I4C has also provided over 10,767 forensic services to support states and union territories, according to a report by The Economic Times.


Surge in cybercrime cases


The I4C, a specialised body established under the Ministry of Home Affairs, aims to create a cohesive framework for law enforcement agencies to tackle cybercrime effectively. The number of cybercrime cases has dramatically surged from 2019 to 2024, with 4.78 million complaints filed as of August 31. This represents a sharp rise from 1.56 million in 2023, 966,790 in 2022, 452,414 in 2021, 257,777 in 2020, and 26,049 in 2019, the report said.

 


The report quoted an official as saying that over 85 per cent of these complaints pertain to financial fraud. Many victims fell prey to schemes like online investment fraud, gaming app scams, algorithm manipulation, illegal lending apps, sextortion, and OTP forwarding. The rise in sophisticated cyber threats necessitates a coordinated effort to combat this growing menace.


[With agency inputs]

First Published: Sep 12 2024 | 10:28 AM IST



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SpaceX's rival AST SpaceMobile soars 1,300%; now comes the satellite launch

SpaceX's rival AST SpaceMobile soars 1,300%; now comes the satellite launch


AST SpaceMobile Satellite Launch | Bloomberg


By Magdalena Del Valle, Bailey Lipschultz and Bruce Einhorn


AST SpaceMobile Inc., the tiny telecom company that wants to compete with SpaceX, has become one of the hottest stocks in the world this year after soaring from $2 to $28 in just six months. 

 


Now, it faces a key test on the road to vindicating its massive rally and proving skeptics wrong. On Thursday morning, AST is set to launch its first five commercial satellites into low-earth orbit from Cape Canaveral, Florida, aboard a SpaceX rocket.


AST’s stock is up about 1,300% since hitting a record low in April and the best performer in the small-capitalization Russell 2000 Index over the past six months. However more than 20% of its float is sold short, a figure that’s been fairly consistent for a while and signals there’s some skepticism about the stock’s prospects, but can also lead to outsize positive reactions for shares.

 

 


AST went public in April 2021 after merging with special purpose acquisition company New Providence Acquisition Corp. The stock closed its first day of trading at nearly $12, but then started a long descent, eventually falling below $2 briefly on April 2 and April 3 of this year. 


Things started to turn around a month later. First, AST reached an agreement with AT&T Inc. on May 15 to partner on providing wireless service from space — putting it in competition with Musk’s Space Exploration Technologies Corp., which has a similar deal with T-Mobile US Inc. Two weeks later, Verizon Communications Inc. said it would invest $100 million in a partnership, sending the stock price flying.


By Aug. 19, AST’s shares hit a high of $38.60, putting them up more than 1,800% since their low in April. They’ve since pared some of that rise but still remain up substantially. The stock rose 6.9% on Wednesday to close at $27.90. 

“Some of the recent rally was merely a recognition of work that the company has been doing for years,” Scotiabank analyst Andres Coello said in an interview. “The stock should have never fallen to $2.”

Chart


Now, the Midland, Texas-based company faces something of a “show me” moment with its satellites, which are roughly the size of a one-bedroom apartment, ready for launch. AST is among a few firms trying to provide broadband cellular connectivity through low-orbiting satellites rather than cell towers. Eventually it plans to have dozens of satellites orbiting more than 300 miles above Earth.


“We have paired a solid business strategy with innovative technology that we believe will drive this mission forward successfully,” the company said in a statement to Bloomberg News.


‘Flying Cars’

 


“It’s offering an amazing technology that is extremely broad in scope, extremely scalable and extremely crucial,” Kevin Mak, director of the Real-Time Analysis and Investment Lab at the Stanford Graduate School of Business, said in an interview. “It’s the equivalent of flying cars — of being like, ‘By the way, we have flying cars, and they’re available to use tomorrow.’”


However, doubters remain. 


“The valuation here incorporates an amazingly rosy scenario that I don’t think will materialize and I think investors are going to be disappointed,” said Sahm Adrangi, founder of Kerrisdale Capital Management, which is short AST. “We’re nowhere near realizing whether their business model and ambitions are possible in any sort of economic fashion. We won’t know after this launch, we won’t know after the next launch. We don’t know who the winners will be or how long it will take.”


That said, betting against AST has been a bad trade this year. Investors who are short the company’s stock have accumulated paper losses of more than $600 million in the last six months, according to data from Matthew Unterman, managing director at S3 Partners LLC.


AST has five Wall Street analysts covering the stock as tracked by Bloomberg, all with buy ratings and price targets that indicate a 57% rise in the share price over the coming year. All of the firms tracked by Bloomberg that cover the stock have at least previously had investment banking relationships with the company. 


Deutsche Bank analyst Bryan Kraft recently boosted his target for AST to a Street-high $63 from $22, saying the stock deserves a new valuation methodology given the company’s improving risk profile. 


With the upcoming launch, AST has a chance to show what its technology can do. “These five satellites will be the real proof of concept,” Stanford’s Mak said.


SPAC Success

 


AST’s management has been touting lofty goals for a while. A slideshow that accompanied the company’s SPAC announcement projected for more than $16 billion in revenue by 2030. Through the first half of this year, AST generated $1.4 million in sales. And it’s on pace to fall well short of initial estimates for more than $1 billion of annual revenues by the end of 2024.


Still, the stock move stands out as a relative success story at a time when other space-related de-SPACs have cratered. Planet Labs PBC, which went public in 2021 and climbed to $11.84, now trades for around $2. And Terran Orbital Corp.’s stock, which traded as high as $11.80 in March 2022, is now about 25 cents.


AST shares slumped at the end of last week after the company filed to sell up to $400 million of stock in a so-called at-the-market program, which enables its bankers to create shares for sale without having to file more paperwork. 


The financing mechanism isn’t a signal that the share sale has begun and plenty of companies file for facilities and never move to capitalize on them. Still, it’s a move that has been a calling card of meme stocks like GameStop Corp. and AMC Entertainment Holdings Inc.


“We’ve had a balanced strategy of raising capital including prepayments alongside commercial agreements with our partners and have access to diverse capital markets,” the company said in a statement.


Meanwhile, AST is focused on building its next 17 satellites, Chief Executive Officer Abel Avellan said on an earnings call last month. The company expects it will eventually need between 45 and 60 satellites to provide continuous service in the continental US.


“The satellites are a very important additional proof of concept,” said Brian Macauley, portfolio manager at Hennessy Funds, which held a position in AST as of June 30. “But if there are some challenges, the company has money in the bank to still improve and launch a bunch more BlueBird satellites. This is an iterative process. They’ve got a lot of shots on goal here to get it right.”


(Only the headline and picture of this report may have been reworked by the Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)

First Published: Sep 12 2024 | 9:04 AM IST



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Google debated cutting fees for ad exchange 8 yrs ago, ex officials testify

Google debated cutting fees for ad exchange 8 yrs ago, ex officials testify


Former Google executives testified Tuesday and Wednesday about how the company dealt with pricing and competitive technologies. (Photo: Shutterstock)


By Leah Nylen


Eight years ago, Google debated slashing the fees for its advertising exchange — the highest in the industry — after websites developed a way to boost online ad revenue while bypassing the company’s tools, former executives testified as part of a US Justice Department antitrust trial.

 


Websites selling display ads had developed a new technology, known as header bidding, to try and counter Google’s high fee structure and squeeze more revenue from the transactions. The Alphabet Inc. unit never cut its 20 per cent fee, and instead developed a modified version of the technology in 2019.

 


In a trial that kicked off this week in federal court in Alexandria, Virginia, antitrust enforcers allege that Google has illegally monopolized the technology used to buy and sell online display advertising.


The company controls a complex pipeline of technology products used by websites to sell space, as well as tools for advertisers and an exchange that connects ad buyers and sellers. 


Google’s Dominance

 


The Justice Department and state attorneys general say that Google’s dominance in the industry has allowed it to overcharge customers, estimating the company keeps between $36 and $37 dollars out of $100 that marketers spend for display ads. They also say the company used its dominance in online ads to keep out rivals.


Government witness Jay Friedman, the CEO of marketing company Goodway Group, which works with advertisers and ad agencies on campaigns, said he was able to negotiate lower rates with several other ad exchanges, but “Google said it wasn’t an option” to lower rates. His company considered not using Google’s ad exchange because of its higher fees, but found the other exchanges couldn’t offer enough advertising supply.


Former Google executives testified Tuesday and Wednesday about how the company dealt with pricing and competitive technologies. 


Eisar Lipkovitz, a former vice president of engineering for display and video ads from 2014 to 2019, recalled internal discussions about whether Google should cut the fees charged by its advertising exchange, AdX, ultimately recommending a 10-15 per cent fee. But the 20 per cent fee was never lowered, demonstrating Google’s ability to keep prices high without harming its business, DOJ lawyers alleged.


“I did not have authority to make decisions,” he said in video testimony played in court.


Lipkovitz acknowledged the high Adx fees led websites to adopt header bidding, through which websites conduct ad auctions within the browser as a web page loads, allowing multiple exchanges to compete simultaneously for the ad space. 


Header bidding helped publishers boost their revenue by as much as 50 per cent, Stephanie Layser, a former News Corp. executive, testified Tuesday.


Lipkovitz, who left Google in 2019 to join Lyft Inc., said that Google viewed ads sold through header bidding as lower quality, and likely to be impacted by spam and fraud. But Layser, who now works at Amazon.com Inc. and has helped 25 publishers adopt header bidding, said ads sold through Google were just as likely to have problems with spam or fraud.


‘Long-Term Threat’

 


In internal documents, Google referred to header bidding as a “serious long- term threat” since it could move business away from its ad exchange. 


“The problem is that HB exists,” another Google employee wrote, adding a smiley face emoji. “Publishers felt locked in” to Google’s tools “which only gave Adx the ability to compete, so HB was born.”


Brad Bender, Google’s former vice president of product for display and video ads who joined the company when it bought DoubleClick in 2008, testified on Wednesday. He was asked about an email he sent to Google’s entire display ads team with notes from a talk by former DoubleClick CEO David Rosenblatt, outlining the company’s strategy in using its ad server product — known as DoubleClick for Publishers or DFP – to lock in customers. 


Websites were unlikely to move away from their ad server because of the “huge switching cost,” Rosenblatt said in the notes. “Switching platforms is a nightmare,” he wrote. “It takes an act of God to do it.” 


Because of its access to the publisher ad servers, Google also could get a “first look” at ad space for sale, giving it advantages over other exchanges, Rosenblatt said. “We’ll be able to crush the other networks and that’s our goal.”

Bender said he shared Rosenblatt’s talk so that colleagues could gain additional perspectives before an upcoming planning meeting, but that the comments didn’t reflect how he felt.

(Only the headline and picture of this report may have been reworked by the Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)

First Published: Sep 12 2024 | 8:20 AM IST



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Google's AI model faces EU scrutiny from watchdog over privacy rules

Google's AI model faces EU scrutiny from watchdog over privacy rules


The Irish watchdog said earlier this month that Elon Musk’s social media platform X has agreed to permanently stop processing user data for its AI chatbot Grok | (Photo: Bloomberg)


European Union regulators said Thursday they’re looking into one of Google’s artificial intelligence models over concerns about its compliance with the bloc’s strict data privacy rules.


Ireland’s Data Protection Commission said it has opened an inquiry into Google’s Pathways Language Model 2, also known as PaLM2. It’s part of wider efforts, including by other national watchdogs across the 27-nation bloc, to scrutinize how AI systems handle personal data.


Google’s European headquarters are based in Dublin, so the Irish watchdog acts as the company’s lead regulator for the bloc’s privacy rulebook, known as the General Data Protection Regulation, or GDPR.

 


The commission said its inquiry is examining whether Google has assessed whether PaLM2’s data processing would likely result in a high risk to the rights and freedoms of individuals” in the EU.


Large language models like PaLM2 are vast troves of data that act as building blocks for artificial intelligence systems. Google uses PaLM2 to power a range of generative AI services including email summarizing. The company did not respond to a request for comment.


The Irish watchdog said earlier this month that Elon Musk’s social media platform X has agreed to permanently stop processing user data for its AI chatbot Grok. The platform did so only after the watchdog took it to court the month before, filing an urgent High Court application to get X to “suspend, restrict or prohibit” processing of personal data contained in public posts by its users.


Meta Platforms paused its plans to use content posted by European users to train the latest version of its large language model after apparent pressure from the Irish regulators. The decision “followed intensive engagement” between the two, the watchdog said in June.


Italy’s data privacy regulator last year temporarily banned ChatGPT because of data privacy breaches and demanded the chatbot’s maker OpenAI meet a set of demands to resolve its concerns.

(Only the headline and picture of this report may have been reworked by the Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)

First Published: Sep 12 2024 | 7:30 AM IST



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