Google trial shrouded in secrecy as Amazon gets its own antitrust case

Three years ago, a House of Representatives subcommittee on antitrust released a four-hundred-plus page report that detailed the allegedly anti-competitive practices of the four major digital platforms—Google, Amazon, Apple, and Meta (then known as Facebook)—and called on the Department of Justice to take action. A few weeks later, the government did exactly that, filing a landmark antitrust lawsuit against Google in which it alleged that the company engaged in various anti-competitive practices, including a multibillion-dollar deal that made Google the default search engine on Apple phones. As I wrote for CJR at the time, some observers saw the suit as an attempt by William Barr, then the attorney general, to make the Trump administration look tough on tech; others saw it as correcting what many believed to be the antitrust failures of the past two decades. But many analysts also foresaw  a legal quagmire, arguing that the case was likely to be substantially weaker than the federal government’s landmark antitrust action that put the brakes on Microsoft in 1998.

The Justice Department continued to build its case against Google under the Biden administration, and last month, the case arrived in court. According to the suit, Google—which has a market value of almost two trillion dollars—controls more than 90 percent of the online search market. (Its dominance of the search advertising market is the subject of a separate lawsuit that has yet to reach trial.) The Justice Department intends to prove that Google has abused this search monopoly in order to harm its competitors, and that the company has maintained the monopoly through illegal means. (For more details of the arguments, read my newsletter previewing the case just as it was getting underway.)

Observers have compared the Google lawsuit and the 1998 case against Microsoft on various substantive grounds. But legal experts have pointed to one striking difference between the two: whereas the Microsoft trial—including video testimony and other documents—was open to the public, the Google trial has been shrouded in a high level of secrecy. As Caitlin Vogus described it for the Freedom of the Press Foundation, a nonprofit advocacy group, Amit Mehta, the judge hearing the Google case, has already imposed measures limiting transparency—including the sealing of documents and testimony, asking the Justice Department to remove exhibits that were presented in court from the public internet, and the refusal to provide the kind of audio broadcast used in the Microsoft trial.

Note: This was originally published as the daily newsletter at the Columbia Journalism Review, where I am the chief digital writer

Continue reading “Google trial shrouded in secrecy as Amazon gets its own antitrust case”

A chance discovery reveals an early female oceanographer

From Katie Hafner at Scientific American: “Christine Essenberg had an unusual life and career trajectory. She was married, then divorced and earned her Ph.D. in zoology from the University of California, Berkeley, at age 41. She went on to become one of the early researchers at what is now the Scripps Institution of Oceanography. We know the story of Christine Essenberg only because of a serendipitous find. While searching in an archive jammed with the papers of male scientists, host Katie Hafner came across a slim folder, called “Folder 29,” in the back of a box at the University of California, San Diego, Library’s Special Collections & Archives. There were just eight pages inside to use as a jumping-off point to flesh out a life, which raises the question: How many other unknown women in science are out there, hidden away in boxes?”

How I became a victim of the great Zelle swimming pool scam

From Devin Friedman at Insider: “I was trying to reach Gary Kruglitz, the proprietor of Royal Palace Pools and Spas. Gary cuts a certain figure. Just a hair over 6 feet tall, wears a mustache, square wire-rimmed bifocal glasses, and thin short-sleeved dress shirts. He has an unusually high voice for a man his size, as if a Muppet crawled down his throat one night and couldn’t get out again. Gary spends his days working out of his pool warehouse, in an office covered desk-to-credenza in product manuals and spa brochures and invoices produced in gold-, pink-, and white-triplicate. A man trapped in the amber of another era, the type of guy who answers his phone yellllow and says bye now when he hangs up. But at this moment, Gary was not answering his phone at all. And I was desperate to reach him, because my wife and I had paid him a deposit of $31,500 to build us a pool, and he had apparently disappeared off the face of the earth.”

Note: This is a version of my personal newsletter, which I send out via Ghost, the open-source publishing platform. You can see other issues and sign up here.

Continue reading “A chance discovery reveals an early female oceanographer”

When you picture something in your mind but nothing happens

From Marco Giancotti at Nautilus: “A synthetic female voice speaks into my ears over the electronic clamor: “top hat.” I close my eyes and I imagine a top hat. For most people, this should be a rather simple exercise, perhaps even satisfying. For me, it’s a considerable strain, because I don’t “see” any of those things. As soon as I close my eyes, what I see are not everyday objects, animals, and vehicles, but the dark underside of my eyelids. I can’t willingly form the faintest of images in my mind. And I also can’t conjure sounds, smells, or any other kind of sensory stimulation inside my head. I have what is called “aphantasia,” the absence of voluntary imagination of the senses. I know what a top hat is. I can describe its main characteristics. I can even draw an above-average impression of one on a piece of paper for you. But I can’t visualize it mentally.”

Note: Some of you who know me will know that this is a topic close to my heart, since I also have this condition. I wrote more about it here.

Aaron Burr pretended to start a water company but actually created a bank

Old Wall Street

From John Jansen at Why Is This Interesting: “In the late 1790s, following the new US Constitution’s adoption, New York City was enjoying a period of commercial growth and expanding population, but the city lacked a supply of clean water. Aaron Burr observed the need for a healthy water supply and devised a plan to employ the local demand for water into a vehicle he could use to enrich himself. He proposed the creation of a private company—the Manhattan Company—that would provide clean water for street cleaning and firefighting as well as the infrastructure for the project by laying pipes. But Burr had no real intention of conducting business as a water company: what he really wanted to do was start a bank, as his rival Hamilton had done, founding the Bank of New York in 1784. So just before his Manhattan Company was approved, Burr inserted a clause in the bill giving his company the power to function as a bank.”

Note: This is a version of my personal newsletter, which I send out via Ghost, the open-source publishing platform. You can see other issues and sign up here.

Continue reading “When you picture something in your mind but nothing happens”

How the Doge ruled the Venetian empire for 500 years

From Guan Yang in Why Is This Interesting: “The Most Serene Republic of Venice (726-1797) was a major commercial and maritime power. In addition to the famous lagoon city in Northeastern Italy, Venice ruled territories and islands stretching all the way down to Crete. Venice’s head of state was the Doge, or Doxe in Venetian (not the shiba inu based meme, or the related cryptocurrency). The doge was chosen with rules first adopted in 1268 and used, with few changes, until the last election in 1789.

Thirty members of the Great Council, chosen by lot, were reduced by lot to nine; the nine chose forty and the forty were reduced by lot to twelve, who chose twenty-five. The twenty-five were reduced by lot to nine, and the nine elected forty-five. These forty-five were once more reduced by lot to eleven, and the eleven finally chose the forty-one who elected the doge. Election required at least twenty-five votes out of forty-one, nine votes out of eleven or twelve, or seven votes out of nine electors.

Neither papal conclave nor the system used to select the president of the United States can hold a candle to this harebrained scheme. So why did the Venetians make it so complicated, and why did the system survive so long? The standard explanation for the complex selection procedure is that it prevented powerful families from applying undue pressure to elect their preferred candidates without majority support. (Being doge was quite costly, and the powers of the office were later curtailed, so some powerful men tried to avoid election, using the same tricks used to get elected.)”

An 8-year-old boy is at the heart of a fight over Tibetan Buddhism

From David Pierson at the New York Times: “The boy had seemed destined for a life of affluence and earthly pursuits. Born into the family behind a major mining conglomerate in Mongolia, he might have been picked to someday lead the company from its steel-and-glass headquarters in the country’s capital. Instead, the 8-year-old is now at the heart of a struggle between the Dalai Lama and the Chinese Communist Party. On a visit to a vast monastery in the capital city of Ulaanbaatar, known for a towering Buddha statue gilded in gold, his father brought him and his twin brother into a room where they were given a secret test. The children were shown a table strewn with religious objects. Some of them refused to leave their parents’ sides. This boy, A. Altannar, was different. He picked out a set of prayer beads and put it around his neck. He rang a bell used for meditation. He walked over to a monk in the room.”

Researchers are hoping AI can help them design new psychedelics for therapeutic use

A grid-like assortment of different drugs and flowering plants, discolored and glowing with different colors emanating out.

From Natasha Boyd for Pioneer Works: “People have been doing psychedelics for at least three thousand years, and yet our understanding of how these substances interact with our nervous systems is still in its infancy. Until recently, illegality hampered clinical research. Even now, as some psychedelics pass the threshold to decriminalization, large-scale trials remain few and far between—a problem for research into such a variable experience. The temperamental nature of psychedelics is essential to their appeal. Drug nerds love to share their unique experiences with each other. To the researcher, this same variability represents a bottleneck. Last year, however, a group of interdisciplinary researchers announced a simple but powerful work-around: using AI and brain imaging, they found a way to draw directly from the experiences of some of the internet’s psychonauts—potentially paving the way for a new class of hybrid drugs.”

Note: This is a version of my personal newsletter, which I send out via Ghost, the open-source publishing platform. You can see other issues and sign up here.

Continue reading “An 8-year-old boy is at the heart of a fight over Tibetan Buddhism”

Darwin said he thought better while walking

(From Robin Sloan) There’s a great bit from Robert MacFarlane’s book Old Ways, in which he writes that a wise man “told me once about how [Charles] Darwin had constructed a sandy path which looped through the woods and fields around his house at Downe, in Kent. It was while walking this path daily that Darwin did much of his thinking, and he came to refer to it as the “Sandwalk” or the thinking path. Sometimes he would pile a series of flints in a rough cairn at the start of the path, and knock one away with his walking stick after completing each circuit. He came to be able to anticipate, [the wise man] explained, a “three-flint problem” or a “four-flint problem”, reliably quantifying the time it would take to solve an intellectual puzzle in terms of distance walked.”

The EU’s right to be forgotten is migrating to other countries

In 2010, Mario Costeja González, a Spanish citizen, filed a complaint with the Spanish Data Protection Authority against Google and La Vanguardia Ediciones, a Spanish newspaper. González said that a Google search for his name returned classified ads showing that his house was being auctioned off in order to repay his family’s debts. González said that these ads were more than a decade out of date and argued that their appearance in a Google search violated his right to privacy. A lower court ruled in his favor; the matter was then referred to the European Union’s Court of Justice, or ECJ, which, in 2014, also sided with González. The ECJ decided that a right to be forgotten—also known as the “right of erasure”—was implied by the Data Protection Directive, a 1995 EU rule, and that this gave EU citizens a right to the rectification, erasure, or blocking of their personal data, as well as a right to object to the processing of their personal data by corporations for a number of reasons.

In 2018, the EU’s General Data Protection Regulation took effect, superseding the Data Protection Directive. Article 17 of the GDPR outlines how and when the right to be forgotten should be applied, stating that people may request the removal of their personal information when the information is no longer relevant to the purpose for which it was collected, when the individual withdraws their consent to the information’s publication, and when there is no overriding legitimate interest to process the information, among other circumstances. The EU has stated that the GDPR’s right to be forgotten is “not an absolute right,” and is “much more complicated than an individual simply requesting that an organization erase their personal data”; the right might not apply, for example, in cases involving the right to freedom of expression, compliance with a legal ruling, or the public interest. But critics have argued that this kind of complexity is too great for search-engine companies to be expected—or allowed—to navigate on their own. And they have often argued that the right to be forgotten ultimately amounts to censorship.

The EU’s rules only endow citizens of EU member states with the right to be forgotten, but the duty to remove content if an EU citizen makes such a requests applies to global search engines and services, even if the data is kept on servers that are located elsewhere. Within days of the ECJ ruling, Google and Microsoft began fielding thousands of requests from users who wanted to have their personal information removed from those search engines; in March of this year, Forbes reported that Google and Bing, a search engine owned by Microsoft, received more than a million such requests between 2015 and 2021, with cases rising dramatically during the pandemic. Surfshark, a data-tracking service, told Forbes that half of these requests came from users in western Europe; France accounted for nearly a quarter of the total, while Estonia had the most per capita. German users submitted requests equivalent to 17 percent of the total, while requests from the UK made up 12 percent.

Continue reading “The EU’s right to be forgotten is migrating to other countries”

How did my former classmate end up in jail for hiring a hit man?

From Stephanie Clifford at Esquire: “I met Leon in the fall of 1993, when we were new sophomores at Phillips Exeter Academy, a competitive New Hampshire boarding school. He seemed instantly at ease—tall, with excellent posture, a puffed-out chest, and an easy grin. He made the soccer team and soon traveled in a pack with other sporty, handsome guys wearing white baseball caps backward and smooth-haired girls so sophisticated they knotted silk scarves at their necks. He was assured about his life plan: He was going to become a surgeon in Texas. Then I heard a piece of news so unbelievable I thought at first that I’d dreamed it. Leon had been convicted of hiring a hit man to carry out the double murder of his ex-girlfriend and his new partner’s ex-husband and had been sentenced to life in prison. As I began to dig into the wreckage of Leon’s life, a very different picture emerged that was far more complex—and deeply disturbing.”

A touching story of young love emerges from a decades-old comment on YouTube

26 Poetic Truths About The Beauty Of Being Young And In Love | Quote Catalog

From Mark Slutsky: “Longtime readers and friends will know that I spent several years of my life poring over YouTube comments and collecting the most poignant I could find for my project Sad YouTube. It was my impossible goal to rescue the countless personal stories I found in the comments sections of old songs. A couple of weeks ago I received an email out of the blue. The message read, “Just wondering if you knew who this 1912Universal person is?” It then quoted a comment I had posted to Sad YouTube in 2012 by a user who went by that name, which talked about how “when this song hit I was totally crazy about a girl named Irene Eckstein from Forest Hills NY.” I had no idea who 1912Universal was. So I wrote back, “Sadly, I do not! You might want to look up Irene Eckstein.” The reply came back a few hours later: “I am Irene Eckstein.”

Note: This is a version of my personal newsletter, which I send out via Ghost, the open-source publishing platform. You can see other issues and sign up here.

Continue reading “How did my former classmate end up in jail for hiring a hit man?”

Is there sunken treasure under the churning water of Hell Gate?

From Joaquim Salles for Atlas Obscura: “Just off the coast of Astoria, Queens, at the confluence of the Harlem and East Rivers, is a narrow tidal channel. Hell Gate. Its fast currents change multiple times a day and it used to be riddled with rocks just beneath the surface. Visitors to Randall’s Island Park can see the swirling churn and watch pleasure boaters struggle through. American author Washington Irving wrote an essay about it: “Woe to the unlucky vessel that ventures into its clutches.” But many a vessel did venture into those clutches over the centuries. Traversing it could save sailors navigating between New York Harbor and Southern New England days of travel around Long Island. This expediency often came at a cost. Hell Gate is the final resting place of literally hundreds of ships. Most of them are forgotten but one continues to captivate. Because down there, under the minor maelstroms, is the promise of gold.”

Famous naturalist Alfred Wallace owed some of his fame to a Sarawak teenager

Ali Wallace, 1905

From Matthew Wills for JSTOR Daily: “This year marks the bicentennial of the birth of Alfred Russel Wallace, explorer, naturalist, and co-developer of the theory of evolution by natural selection. Sarawak teenager Ali was initially hired by Wallace as a servant and cook. For seven of the eight years between 1854 and 1862 that Wallace traveled around the Malay Archipelago, Ali ended up being the actual collector of most of the birds (approximately 5,000 of the total 8,000) in Wallace’s collection of 125,000 natural history specimens, many of them new to science. Ali was Muslim, about fifteen years old when hired, and had “grown up on and around boats,” write van Wyhe and Drawhorn in their biography. Together, Ali and Wallace braved fevers, pirates, monsoon downpours, ant invasions, at least one tiger, giant snakes, and the threat of head-hunters.”

Note: This is a version of my personal newsletter, which I send out via Ghost, the open-source publishing platform. You can see other issues and sign up here.

Continue reading “Is there sunken treasure under the churning water of Hell Gate?”

Who killed the Jersey Shore’s famous Fudge King?

From Tom Donaghy for The Atavist: “In the early 1960s, Harry had a string of Copper Kettle Fudge shops up and down the Shore. So revered were his stores that Harry was known far and wide as the Fudge King. He was even in talks to build a fudge factory—something that would’ve taken his Willy Wonka–ness to the next level—when he was savagely beaten to death on Labor Day 1964. His body was stuffed under the dashboard of his Lincoln Continental, parked at an after-hours nightclub called the Dunes. The case was never solved. I spent the next two years sorting through a trove of whispers and accusations around the murder. At first I was just curious, but the more I learned about Harry—a figure beloved by friends and strangers alike—the more intent I was to identify his killer.”

Researchers who became famous for studying honesty are accused of making up data

When corporate cultures breed dishonesty - BBC Worklife

From Gideon Lewis-Kraus for The New Yorker: “Honesty researchers have found that fewer people lie about a coin flip—a binary outcome—than exaggerate the number on a die roll, reporting that they rolled a four when they actually rolled a three, especially if a four had come up on a test roll. Ariely has long used conclusions like these to maintain that most people lie a bit. Other researchers argue that the averages are misleading: most people don’t really lie much, but some people are prone to lie a lot. It now seems as though the “fudge factor” was less of an explanation of a phenomenon than a license for it—yet another just-so story about why a little deceit isn’t so bad after all. “I’ll tell you what the research on dishonesty says, but all that came from Dan and Francesca!” the former senior researcher said. “It’s like everything we know about this situation comes from the data that might have been fabricated.”

Continue reading “Who killed the Jersey Shore’s famous Fudge King?”