Episode 50: Part 2 - Jon Leibowitz on Antitrust and Privacy in today's digital media marketplace

Alan Chapell continues his discussion with Jon Leibowitz on some of the key regulatory issues raised from 2004 - 2013. This includes the investigation re: Google Buzz and Google's settlement of FTC charges it Misrepresented Privacy Assurances to Users of Apple's Safari Internet Browser (which Alan believes had a huge impact on Google's approach to probabilistic advertising). They also talk about the historical regulatory role of telecommunications companies vs edge providers like Google and Meta as well as a discussion of the ongoing antitrust cases Google is facing. 

Takeaways

• First-party data has real limits; it isn’t a universal fix.

• The FTC’s Intel case shows antitrust can unlock competition (e.g., aiding Nvidia’s rise).

• Journalism’s sustainability is strained by dominant platforms; collective bargaining may help.

• Google’s 2012 Safari case (rooted in earlier Buzz issues) became a lasting privacy deterrent.

• Privacy enforcement reshaped ads, pushing platforms away from third-party data tactics.

• Structural vs. behavioral remedies: breakups are rare; well-designed conduct rules often carry the day.

• Chrome divestiture was viewed as overreach; Judge Mehta’s search remedies felt cautious.

• Consent fatigue is real; data minimization and retention limits may work better.

• Privacy trade-offs vary by socioeconomic context; one-size rules can entrench incumbents.

• The ad-supported web has eras: DoubleClick (’94–’03), Google’s ascent (’04–’13), then Big Tech dominance.

Chapters

00:09 Introduction & episode setup; first-party data riff; sponsor note 02:06 Intel case lessons; exclusivity, APIs, and competition effects 04:02 Journalism town halls (2009–10); platforms, news economics, misinformation 08:54 Google Safari cookie-circumvention case; ties to Google Buzz order 12:30 Consent vs. probabilistic advertising; platform caution post-settlement 15:00 Privacy trade-offs across economic classe 15:50 Google Search remedies; amicus brief; Chrome divestiture debate 23:30 Remedies are hard: structural vs. behavioral; Microsoft as precedent 26:00 Post-FTC: privacy coalition with Mary Bono; telco vs. edge provider rules 29:31 Rulemaking hurdles (Mag-Moss); unrealized federal privacy push 30:27 Regulation can entrench incumbents; EU lessons for startups 32:01 Data minimization & retention over blanket consent 32:50 Closing: three eras of the ad-supported internet; subscribe CTA

Learn more about your ad choices. Visit megaphone.fm/adchoices