Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

2018-09-13

FTC Hearings on 21st Century Competition and Consumer Protection

FTC Hearings on Competition and Consumer Protection in the 21st Century (graphic)
The Federal Trade Commission will begin its Hearings on Competition and Consumer Protection in the 21st Century with a full-day session, co-sponsored with and held at the Georgetown University Law Center, on September 13, 2018, 9:00AM–5:15PM EDT. [Note: The second day of hearings on Friday, September 14 has been postponed due to potential weather-related disruptions from Hurricane Florence.]

The Georgetown event will be the first in a series of hearings that will examine whether broad-based changes in the economy, evolving business practices, new technologies, or international developments might require adjustments to competition and consumer protection enforcement priorities of the Commission. Many sessions will conclude with an opportunity for those attending the event in-person to submit questions to the participants. These public events, in conjunction with the public comment process, will provide the FTC with a broad and diverse range of viewpoints and stimulate evaluation of key enforcement and policy issues.

FTC Chairman Joe Simons will present opening remarks, followed by discussion by a distinguished set of panelists who will discuss the following topics:
  • the current landscape of competition and consumer protection law and policy;
  • whether the U.S. economy has become more concentrated and less competitive;
  • the regulation of consumer data;
  • antitrust law and the consumer welfare standard; and
  • the analysis of vertical mergers
WEBCAST: The conference will be webcast. The webcast link can be found on the event page on the day of the workshop.

Future hearings - next up: Sep. 21, 2018 State of U.S. Antitrust Law; Mergers and Monopsony or Buyer Power FTC Constitution Center, Washington, DC.

More info:





TWITTER: The workshop will be tweeted live from the FTC’s Twitter page @FTC using #FTCHearings:


feedback & comments via twitter @DomainMondo

2018-05-25

European Union GDPR, General Data Protection Regulation, 25 May 2018

#GDPR25May:

Scheduled for May 25, 2018: Event to mark the entry into application of the GDPR

The European Commission (EC) is organising on 25th May 2018 3 events to mark the entry into application of the EU General Data Protection Regulation (GDPR): one in Brussels, one in New Delhi and one in Santiago de Chile.

25 May 2018: Brussels
This event will be opened by Ms Věra Jourová, Commissioner for Justice and Consumers and Ms Andrea Jelinek, Head of Austria’s Data Protection Authority and Chair of the European Data Protection Board. It will feature speakers from the political sphere, civil society and businesses.
You may follow this event via web streaming from 2pm (local time Brussels) Friday, May 25, 2018. Submit questions at: www.slido.com/gdpr25may.

Agenda:

New Delhi and Santiago: On the same day, the Commission is also organizing two international events in New Delhi and Santiago to celebrate "our shared values with key partners in Asia and Latin America" as well as the opportunities of convergence in the area of privacy.
- agenda New Delhi and agenda Santiago

EDPS Annual Report 2017 presentation at LIBE - Giovanni Buttarelli

European Data Protection Supervisor (EDPS) video published Mar 27, 2018: The EDPS Giovanni Buttarelli presents the Annual Report 2017 at Committee on Civil Liberties, Justice and Home Affairs, 20 March 2018, Brussels.

Legislation | European Data Protection Supervisor | edps.europa.eu: "Designed to grapple with the realities of global, ubiquitous data in the internet era, the EU’s new data protection legislation should provide increased legal certainty for both individuals and organisations processing data and greater protection for the individual in general ... the reform of the EU’s data protection rules which began in January 2012, has resulted in two key pieces of legislation:
  • a general Regulation on data protection [GDPR] (679/2016) which was adopted on 24 May 2016, applicable as of 25 May 2018; and
  • a specific Directive (680/2016) on data protection in the area of police and justice, adopted on 5 May 2016, applicable as of 6 May 2018."
Update of handbook on European data protection law | European Union Agency for Fundamental Rights | fra.europa.eu: "The Agency is updating its 2014 handbook on European data protection law, in partnership with the Council of Europe and the European Court of Human Rights (ECtHR). It will present and explain European data protection law in a straightforward way for those working in this area. It will be of interest to non-specialised legal professionals, national judges and legal professionals, as well as national data protection authorities (DPAs)." Expected to be available May 25, 2018.


feedback & comments via twitter @DomainMondo


DISCLAIMER

2017-08-04

Tech Giants Amazon, Apple, Facebook, Google: Above The Law? (video)

Tech Giants: Above the Law

Video above published Aug 3, 2017 by L2inc.com: NYU Stern adjunct professor Scott Galloway on the Four Horsemen--Amazon, Apple, Facebook, and Google--which pay far less than the average US corporate tax rate. According to Galloway, for economies to thrive, companies need to hand over a quarter of their profits.

The Losers, says Galloway, are future generations, who will have to pay off the debt racked up by politicians unwilling to tax the most profitable companies in the world.

Source: S&P Global Market Intelligence
Sources:
(0:20) S&P Global Market Intelligence.
(1:21) “Google’s EU Fine Is a Small Price to Pay for Scale,” The Wall Street Journal, June 2017. http://on.wsj.com/2wakRWL
(1:48) “Case No COMP/M.7217 - Facebook/ WhatsApp,” Office for Publications of the European Union, March 2014. http://bit.ly/2cxoGyC
(2:08) “E.U. Fines Facebook $122 Million Over Disclosures in WhatsApp Deal,” The New York Times, May 2017. http://nyti.ms/2pZh1ex
(2:33) “This Analysis Shows How Viral Fake Election News Stories Outperformed Real News On Facebook,” Buzzfeed, November 2016. http://bzfd.it/2vm5htp

Transcript (via YouTube.com):
0:02  A loser, future generations, who will have to pay off the debt racked up by
0:05  politicians unwilling to tax the most profitable companies in the world. For
0:10  economies to thrive, companies need to hand over about a quarter of their
0:14  profits. The S&P average tax rate is in fact 27 percent but who pays less than
0:20  this? Who plays by different rules? You guessed it, the most successful companies
0:24  in the world: Apple, Amazon, Facebook and Google. The Four Horsemen are treated
0:29  differently, they play by a different set of rules, because our leaders, supported
0:34  by our society, has decided to engage in a gross idolatry of tech innovators that
0:39  is just plain gross. Think about it. The terrorists in San Bernardino last year--
0:44  if they were using a Blackberry and if Blackberry or RIM had refused to provide
0:49  access to the FBI we would have shut down the Canadian border but not the
0:53  iPhone. It's sacred. We have our Jesus Christ, we have our cross, and we decided
0:58  that our iPhone is more sacred than our home or our computers or our persons
1:02  that can be searched ... politicians in the US are worshipping
1:07  at the altar of these tech geniuses. Margrethe Vestager and the EU is
1:11  slapping Google with a 2.7 billion dollar fine over comparative shopping
1:16  search results but with 18 billion in cash and cash equivalents on its books
1:20  at the end of March, Google's not going to feel much pain in fact the penalty
1:24  amounts to one month of parent companies Alphabet's operating cash flows The
1:29  Four Horsemen are taking a calculated risk, they've done the math and realize the
1:32  best decision for shareholder value is to wave their finger in the face of
1:36  governments and lie. When Facebook sought approval of the acquisition of Whatsapp
1:40  they assured EU regulators that it would be impossible for the two entities
1:45  to share data in the short term. This calmed regulators concerns over privacy
1:49  and the acquisition was approved Well spoiler alert, Facebook figured it out
1:54  and they figured it out fast. So ... the EU fined Facebook 122 million
1:59  dollars. Facebook felt Whatsapp was worth 19 billion dollars so a point six
2:04  percent premium for increasing the likelihood the acquisition goes through
2:08  is chump change This is the equivalent of getting a $10 parking ticket
2:12  for a meter that charges $100 every 15 minutes It's just better to break the
2:17  law What is the algebra for an effective
2:19  penalty? The fine times the probability of getting caught equals serious shit
2:24  It's time for regulators to grow a pair and begin ... serious penalties
2:29  against the Four Horsemen. For example when 80% of our news on Google and Facebook the
2:34  week before the election is fake and Google and Facebook have not put in place the
2:38  processes and technology the way other media firms seem to have figured
2:43  out, what should the penalty for that be? Facebook's defense we're not a media
2:47  company but a platform. What if the week before the election McDonald's was
2:52  serving beef and we discovered that 80% of that beef was fake and we came down
2:57  with encephalitis that clouded our judgment and we began making terrible
3:01  decisions. Would an appropriate defense be we're not a fast-food restaurant we're a
3:06  fast-food platform? We'll see you next week

feedback & comments via twitter @DomainMondo


DISCLAIMER

2017-04-14

China, EU & Russia Foreign Trade Barriers: Internet, Digital, Domain Names

Cover of The 2017 National Trade Estimate Report on Foreign Trade Barriers
2017 National Trade Estimate Report | United States Trade Representative | ustr.gov: The 2017 National Trade Estimate Report on Foreign Trade Barriers (NTE) is the 32nd in an annual series that highlights significant foreign barriers to U.S. exports, and is a companion piece to the President’s Trade Policy Agenda published by USTR in March. 

Full Report here (pdf)--excerpts:

Regulation of Domain Names in China:

Web Filtering and Blocking of Websites in China:

EU Right To Be Forgotten: extraterritorial application of domestic law on the Internet, creating significant market uncertainty for businesses worldwide:

Google Tax in Russia:


feedback & comments via twitter @DomainMondo


DISCLAIMER

2017-02-10

ICANN Jurisdiction, CCWG-Accountability WS2 Questionnaire

ICANN Jurisdiction Questionnaire
ICANN Jurisdiction Questionnaire
* For this Questionnaire [above], “ICANN’s jurisdiction” refers to (a) ICANN being subject to U.S. and California law as a result of its incorporation and location in California, (b) ICANN being subject to the laws of any other country as a result of its location within or contacts with that country, or (c) any “choice of law” or venue provisions in agreements with ICANN.

For translations of the questionnaire:
Language:  Word Doc /  PDF
English:  EN  /  EN
Arabic:  AR /  AR
Spanish:  ES  /  ES
French:  FR  /  FR
Russian:  RU /  RU
Chinese:  ZH  / ZH

ICANN's information and explanation:

CCWG-Accountability Work Stream 2 Issues Jurisdiction Questionnaire | ICANN.org: "The newly-adopted ICANN Bylaws created several Work Stream 2 accountability subgroups. One of these subgroups, the Jurisdiction Subgroup, is addressing questions related to ICANN's jurisdiction, including how choice of jurisdiction and applicable laws for dispute settlement impact ICANN's accountability and the actual operation of policies. The Jurisdiction Subgroup has put out a questionnaire seeking responses to several jurisdiction-related questions. The Subgroup is asking you to consider and respond to these questions with concrete, factual submissions. The questionnaire can be found at https://community.icann.org/x/UpXRAw and is available in each of the 6 languages supported by ICANN. You may respond to the questionnaire in any of these languages. Responses must be transmitted via email to ccwg-acctws2.jurisdiction.questionnaire @icann.org . Responses must clearly identify the individual responding and, where applicable, the organization for which the response is being submitted. Responses may be submitted at any point during the response period. The subgroup will accept responses until 23:59 UTC 17 April 2017." (emphasis added)

ICANN organizational provisions concerning "jurisdiction":

ICANN Articles of Incorporation as revised (emphasis added):
1. The name of this corporation is Internet Corporation for Assigned Names and Numbers (the "Corporation").
2. The name of the Corporation's initial agent for service of process in the State of California, United States of America is C T Corporation System.
3. This Corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under the California Nonprofit Public Benefit Corporation Law for charitable and public purposes. The Corporation is organized, and will be operated, exclusively for charitable, educational, and scientific purposes within the meaning of § 501 (c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), or the corresponding provision of any future United States tax code. Any reference in these Articles to the Code shall include the corresponding provisions of any further United States tax code ....


ICANN Bylaws as revised (emphasis added):
ARTICLE 4: Section 4.7. COMMUNITY MEDIATION: ... (e) The mediator shall conduct the mediation in accordance with these Bylaws, the laws of California and the rules and procedures of a well-respected international dispute resolution provider, which may be the IRP Provider. The arbitration will be conducted in the English language consistent with the provisions relevant for mediation under the IRP Rules of Procedure and will occur in Los Angeles County, California, unless another location is mutually-agreed between the Mediation Administration and Board Mediation Representatives.

ARTICLE 6 EMPOWERED COMMUNITY
Section 6.1. COMPOSITION AND ORGANIZATION OF THE EMPOWERED COMMUNITY
(a) The Empowered Community ("EC") shall be a nonprofit association formed under the laws of the State of California ....

ARTICLE 16 POST-TRANSITION IANA ENTITY
Section 16.1. DESCRIPTION
ICANN shall maintain as a separate legal entity a California nonprofit public benefit corporation (["PTI"]) for the purpose of providing IANA services ....
Section 16.2. PTI Governance
(a) ICANN, in its capacity as the sole Member of PTI, shall elect the directors of PTI in accordance with the articles of incorporation and bylaws of PTI and have all other powers of a sole Member under the CCC except as otherwise provided in these Bylaws.
(b) No amendment or modification of the articles of incorporation of PTI shall be effective unless approved by the EC (pursuant to the procedures applicable to Articles Amendments described in Section 25.2, as if such Article Amendment referenced therein refers to an amendment of PTI's articles of incorporation).
(c) ICANN shall not amend or modify the bylaws of PTI in a manner that would effect any of the matters set forth in clauses (i) through (xiv) below (a "PTI Bylaw Amendment") if such PTI Bylaw Amendment has been rejected by the EC pursuant to the procedures described in Section 16.2(e):
(i) any change to the corporate form of PTI to an entity that is not a California nonprofit public benefit corporation organized under the CCC or any successor statute ....

ARTICLE 24 OFFICES AND SEAL
Section 24.1. OFFICES
The principal office for the transaction of the business of ICANN shall be in the County of Los Angeles, State of California, United States of America. ICANN may also have an additional office or offices within or outside the United States of America as it may from time to time establish ....

ARTICLE 27 TRANSITION ARTICLE
Section 27.1. WORK STREAM 2
(a) The Cross-Community Working Group on Enhancing ICANN Accountability ("CCWG-Accountability") was established pursuant to a charter dated 3 November 2014 ("CCWG-Accountability Charter"). The CCWG-Accountability Charter was subsequently adopted by the GNSO, ALAC, ccNSO, GAC, ASO and SSAC ("CCWG Chartering Organizations"). The CCWG-Accountability Charter as in effect on 3 November 2014 shall remain in effect throughout Work Stream 2 (as defined therein).
(b) The CCWG-Accountability recommended in its Supplemental Final Proposal on Work Stream 1 Recommendations to the Board, dated 23 February 2016 ("CCWG-Accountability Final Report") that the below matters be reviewed and developed following the adoption date of these Bylaws ("Work Stream 2 Matters"), in each case, to the extent set forth in the CCWG-Accountability Final Report:
....
(vi) Addressing jurisdiction-related questions, including how choice of jurisdiction and applicable laws for dispute settlement impact ICANN's accountability; ...

Domain Mondo archive