United States

US Warns EU Against Anti-American Tech Policy (arstechnica.com) 209

The US has warned the EU against pursuing "protectionist" technology policies that exclusively target American companies, ahead of Joe Biden's first presidential visit to Brussels. From a report: The National Security Council, an arm of the White House, wrote last week to complain about the tone of recent comments about the EU's flagship tech regulation, as debates are about to begin in the European parliament. "We are particularly concerned about recent comments by the European Parliament rapporteur for the Digital Markets Act, Andreas Schwab, who suggested the DMA should unquestionably target only the five biggest US firms," said the email, seen by the Financial Times and dated June 9. It added: "Comments and approaches such as this make regulatory co-operation between the US and Europe extremely difficult and send a message that the [European] Commission is not interested in engaging with the United States in good faith to address these common challenges in a way that serves our shared interests. Protectionist measures could disadvantage European citizens and hold back innovation in member-state economies. Such policies will also hinder our ability to work together to harmonize our regulatory systems," it said. The note was sent by the NSC to staff at the EU's delegation in the US capital, according to several people familiar with it, as part of routine communications between Washington and Brussels. It comes at a time when both the US and EU are keen to rebuild a relationship that was marred by acrimony during Donald Trump's presidency. On Tuesday Biden will attend an EU-US summit in Brussels to discuss trade, tech, and China.
United States

Senate Confirms Progressive Tech Critic Lina Khan To Become an FTC Commissioner (cnbc.com) 122

The Senate confirmed President Joe Biden's nominee to the Federal Trade Commission, Lina Khan, the young progressive who helped launch a reckoning amongst antitrust scholars and enforcers, in a 69-28 vote. From a report: At 32, Khan will become the youngest commissioner ever confirmed to the agency. Her confirmation also signals a bipartisan desire to impose more regulations on Big Tech companies like Facebook, Amazon, Alphabet and Apple. Khan received the support of several Republicans, including Commerce Committee Ranking Member Roger Wicker, R-Miss., who participated in her confirmation hearing. Still, others like Sen. Mike Lee, R-Utah, the top Republican on the Senate Judiciary subcommittee on antitrust, opposed her confirmation. Lee has tended to be cautious about certain types of regulation despite concerns about tech companies' influence and previously expressed apprehension about Khan's experience.

Khan became a well-known figure in antitrust circles after writing "Amazon's Antitrust Paradox" for the Yale Law Review in 2017, while a student at the university. The paper made the case for using a different framework for evaluating competitive harm than the popular consumer welfare standard. That standard essentially says that antitrust law violations can be determined based on harm to consumers, which is often measured based on prices. But Khan argued that standard could miss significant competitive harm in the modern economy, such as predatory pricing that lowers consumer prices in the short term but allows a company that can afford it to quickly gain market share. She also argued that both owning and selling on a marketplace, like Amazon does, could allow a business to exploit information across their ecosystem to undercut the competition.
Update: Biden Names Lina Khan, a Big-Tech Critic, as F.T.C. Chair.
United Kingdom

Apple-Google Mobile 'Duopoly' Faces UK Antitrust Scrutiny (bloomberg.com) 71

Google and Apple face a sweeping probe into the "duopoly" power of their mobile ecosystems, in the U.K. antitrust watchdog's latest attack on Silicon Valley. From a report: The increasingly tech-focused Competition and Markets Authority opened a 12-month market study into broad aspects of the iOS and Android systems, saying it feared the companies' dominance is stifling competition. The investigation adds to the regulator's separate investigations into both tech giants. "Our ongoing work into big tech has already uncovered some worrying trends and we know consumers and businesses could be harmed if they go unchecked," CMA Chief Executive Officer Andrea Coscelli said in a statement.

The CMA uses market studies to gather information before upgrading investigations. The mobile review comes as the U.K. watchdog seeks to move to the forefront of tech regulation after emerging from the shadow of European Union regulators at the end of the Brexit transition. The authority is preparing to set up a tech-focused unit and has warned that the largest companies will face extra scrutiny of everything from mergers to monopoly behavior.

Earth

Irreversible Warming Tipping Point May Have Been Triggered: Arctic Mission Chief (straitstimes.com) 309

The tipping point for irreversible global warming may have already been triggered, the scientist who led the biggest expedition to the Arctic warned Tuesday. AFP: "The disappearance of summer sea ice in the Arctic is one of the first landmines in this minefield, one of the tipping points that we set off first when we push warming too far," said Dr Markus Rex. "And one can essentially ask if we haven't already stepped on this mine and already set off the beginning of the explosion." Dr Rex led the world's biggest mission to the North Pole, an expedition involving 300 scientists from 20 countries. The expedition returned to Germany in October after 389 days drifting through the North Pole, bringing home devastating proof of a dying Arctic Ocean and warnings of ice-free summers in just decades. The $170 million expedition also brought back 150 terabytes of data and more than 1,000 ice samples.
Microsoft

Microsoft's Smith Says Secret Subpoenas Hurt US Tech Companies (bloomberg.com) 62

Microsoft President and Chief Legal Officer Brad Smith criticized secret data subpoenas sent by the government to cloud providers like his company and Apple, saying gag orders on requests for personal information undermine freedoms and are hurting U.S. technology companies in Europe. From a report: Last week the New York Times reported that during the administration of former President Donald Trump, the U.S. Department of Justice demanded records from Apple relating to two Democrats on the U.S. House Intelligence Committee. CNBC reported Microsoft received a confidential request for the personal emails of a Congressional staffer. Both companies were under nondisclosure orders that prevented them from talking about or alerting the subjects of the data seizures.

The U.S. government should change the rules so that people whose data is being demanded can be informed and choose whether to file a legal challenge to the subpoenas, Smith said Monday in an interview with Bloomberg Television. Microsoft in 2016 filed a case against the DOJ related to the gag orders, and a year later the department issued new guidelines it said would scale back the practice of these kinds of confidential requests. "If we fail to do so, we undermine longstanding fundamental freedoms in the country and, frankly, for those of us in the tech sector, we're put in the middle," Smith said. "This should be an issue where the government has to go most of the time to the individuals whose information they are seeking."

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