consumer privacy

The Hidden Kraken: Submarine Internet Cables and Privacy Protections

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The Hidden Kraken: Submarine Internet Cables and Privacy Protections

By Christopher Guay

  1. Introduction

Beyond the existential dread associated with the greatest depths of the oceans, there rests one of the most important components to our modern civilization. No, it’s not the eldritch horrors of the deep, it’s instead the backbone of the internet. Underwater sea cables represent over “95 percent” of international communications traffic.[1] Underwater sea cables are key to how our modern internet connects the world. These cables allow communications from one country to reach another. Instead of relying upon satellites or radio technology, there are physical fiberoptic lines which connect landmasses of the world. That is why someone in the United States can access a British or German website without any major difficulty. At its core,  submarine internet cables allow enormous amounts of commerce and communications to occur almost instantaneously.[2] Ultimately, the regulatory structure in the United States offers both significant benefits and significant dangers on the issue of information privacy.

There are two major issues related to submarine internet cables, one being related to government use of data and the other having to do with corporate use of data. On the first issue, the United States has accessed and surveilled these submarine internet cables.[3] On the second issue, in the United States, there does not appear to be any regulations stopping submarine cable operators from monetizing the information that goes through their cables. This results from a lack of a comprehensive set of privacy regulations similar to the General Data Protection Regulation (GDPR) in the European Union[4] or California’s California Consumer Privacy Act (CCPA/CPRA).[5] The lack of comprehensive privacy regulations allow companies and the government to collect vast amounts of data.[6] Advertising is big business, with a lot of money involved.[7] The global digital advertising industry is estimated to have $438 billion in revenue in 2021.[8]

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U.S. v. Google LLC: An overview of the landmark antitrust case and its impact on consumer privacy, A.I., and the future of the internet.

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U.S. v. Google LLC: An overview of the landmark antitrust case and its impact on consumer privacy, A.I., and the future of the internet.

By William Simpson

 

I. Intro

The ongoing antitrust case against Google alleging anticompetitive conduct relating to the company’s search engine could, in the near term, result in a breakup of the company or, alternatively, indicate that existing antitrust law is ill-suited to engage outsize market shares in the digital economy.[1] On a broader scale, this case could have major effects on consumer privacy, A.I., and the character of the internet going forward. The consequences could be, in a word, enormous.

 

II. Background

 

In October 2020, the Department of Justice (DOJ) filed a complaint against Google, alleging that Google violated the Sherman Antitrust Act[2] when it:

  • Entered into exclusivity agreements that forbid preinstallation of any competing search service;
  • Entered into tying arrangements that force preinstallation of its search applications in prime locations on mobile devices and make them undeletable;
  • Entered into long-term agreements with Apple that require Google to be the default general search engine on Apple’s popular Safari browser and other Apple search tools; and
  • Generally used monopoly profits to buy preferential treatment for its search engine on devices, web browsers, and other search access points, creating a continuous and self-reinforcing cycle of monopolization.[3]

The DOJ’s complaint concludes that such practices harm competition and consumers, inhibiting innovation where new companies cannot “develop, compete, and discipline Google’s behavior.”[4] In particular, the DOJ argues that Google’s conduct injures American consumers who are subject to Google’s “often-controversial privacy practices.”[5]

In response, Google refutes the DOJ’s argument, deeming the lawsuit “deeply flawed.”[6] “People use Google because they choose to,” says a Google spokesperson, “not because they’re forced to or because they can’t find alternatives.”[7] Challenging the DOJ’s claims, Google asserts that any deals that it entered into are analogous to those a popular cereal brand would enter into for preferential aisle placement.[8]

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