Friday, May 04, 2018

Ripple Sued for Securities Law Violations

CryptoLaw, here

Questions and Answers: Directive on Security of Network and Information systems, the first EU-wide legislation on cybersecurity

EC, here. 

JPMorgan files blockchain interbank payment patent

FinExtra, here

How Essential are Standard-Essential Patents?

M. Lemley, T. Simcoe, here

Instagram quietly launches payments for commerce

TechCrunch, here.
...and data quietly going to Facebook?

EU considers using algorithms to detect anti-competitive acts

Reuters, here

A Comparative Study of Competition Law Relating to the New Economy: A Case Law in the European Union

J. Sop Choi, here

Amazon and the Unwisdom of the Populist Crowd

Truth on the Market, here

Gegenentwürfe zum Datenkapitalismus sind nötig

Netzpolitik, hier

Conditions d'application du droit de la concurrence au secteur agricole

Autorité de la concurrence, ici

A fair deal for consumers in Belgium

M. Vestager, here. And, not mentioned in the text:


How Much Is It Worth to Use Facebook? It Depends

C. Sunstein, here

Jack Ma's Free Spending Ways Are Spooking Alibaba Investors

Bloomberg, here

I TRIED LEAVING FACEBOOK. I COULDN’T

S. Jeong, here. 

Karl Marx: Bewunderer und Verächter des Kapitalismus

FAZ, hier

Comcast’s bid to acquire Sky and its effects on competition in the EU

D. Geradin, here

The Fallacy of the Free Market

J. Kwak, here

Thursday, May 03, 2018

Facebook hired eHarmony's chief scientist for...God knows what

TechCrunch, here.
"But Facebook has confirmed to us that Carter is not working on the new dating service, and the company declined to say what he is doing."

IBM buys aggregation and analytics software provider Armanta

FinExtra, here

Data Analytics and The Death of The Modern Banking Industry

The Financial Brand, here

Inovação Tecnológica e Concorrência no Setor Financeiro em Portugal

Autoridade da Concorrência, aqui

Aadhaar doesn't pose any privacy issue: Bill Gates

The Times of India, here

Who should hold the keys to our data?

The Guardian, here

Durchsetzung nach Datenlage

FAZ, hier

Digital platforms inquiry submissions published

ACCC, here

Wednesday, May 02, 2018

Tim Cook’s company is a rock of common sense in an industry that’s gone rogue.

Bloomberg, here

Blockchain insiders tell us why we don't need blockchain

FT, here

Australia's Largest Bank Lost The Personal Financial Histories Of 12 Million Customers

BuzzFeedNews, here

ARE GOOGLE AND FACEBOOK UNDERMINING EUROPE'S PRIVACY RULES?

Wired, here

The Rise and Development of FinTech

R. Teigland et al., here

Taxi, ride-sourcing and ride-sharing services

OECD Secretariat, Background Note, here

Competition Policy and the Tech Industry – What’s at stake?

B. Hoffman, here

Facebook is taking on Tinder with new dating features

The Verge, here

2018 Global Payments Insight Survey: Retail Banking

Ovum, here

Tuesday, May 01, 2018

PTO's Iancu: AI Algorithms Generally Patentable

Broadcastingcable, here.

The Australian Government’s response to the Productivity Commission Data Availability and Use Inquiry

Out of the DOJ Ashes Rises the FTC Phoenix: How to Enhance Antitrust Enforcement by Eliminating an Antitrust Enforcement Agency

D. Bush,  here.

WhatsApp founder plans to leave after broad clashes with parent Facebook

Washington Post, here.

"The founders also clashed with Facebook over building a mobile payments system on WhatsApp in India"

Consumer groups publish Open Banking Manifesto

Finextra, here. Manifesto here.

Sprint and T-Mobile Try Again, but Antitrust Hurdles Remain the Same

NYTimes, here.

First person convicted under Malaysia’s fake news law gets month in jail

The Verge, here.

The economics of artificial intelligence

A. Agrawal, here.

Saturday, April 28, 2018

Google’s Sergey Brin warns of the threat from AI in today’s ‘technology renaissance’

The Verge, here. See also FT, here.

Market Concentration

OECD, Issues Paper by the Secretariat, here.

Blockchain Technology and Competition Policy

OECD, Issues Paper by the Secretariat, here.

Repräsentatives Dateneigentum

K.-H. Fezer, hier.

Rethinking regulation

FT, here.

Digital Trade Restrictiveness Index

ECIPE, here.

FDA chief moves to promote artificial intelligence in health care

The Hill, here.

Europe fires back at ICANN's delusional plan to overhaul Whois for GDPR by next, er, year

The Register, here.

Privacy and Freedom of Expression In the Age of Arti cial Intelligence

Article 19, here.

Bitcoin frenzy settles down as big players muscle into market

Reuters, here.

What has the EU ever done for us?

🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝Here.🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝🐝

Thursday, April 26, 2018

EU Asks `Is the Net Essential?' The Answer Could Hurt Google

Bloomberg, here.

Or couldn't data be the infrastructure?

Dateneigentum: Ein trojanisches Pferd

NZZ, hier

Jürgen Klopp: "The EU is not perfect, but it's the best idea we've had so far.”

Here

Waze signs data-sharing deal with AI-based traffic management startup Waycare

TechCrunch, here

FTC Charges Lending Club with Deceiving Consumers

FTC, here.

"Defendant conducts a credit pull on applicants’ credit reports. Defendant then immediately rejects those consumers that it determines do not meet certain baseline criteria. Defendant refers to this step as “front-end” denial..."Although Defendant tells consumers that its loans contain “No hidden fees,” Defendant nevertheless charges consumers an up-front fee that is not clearly and conspicuously disclosed. This fee is calculated as a percentage—on average, approximately 5 percent—of the consumer’s requested loan amount, and often amounts to more than a thousand dollars...Defendant deducts the hidden up-front fee from the promised “Loan Amount” before disbursing the loan funds to the consumer. As a result, the amount of money that Defendant disburses to a consumer’s bank account is always substantially smaller than the promised “Loan Amount.” And because consumers must pay interest on the entire “Loan Amount,” including the fee, Defendant’s hidden fee leaves consumers paying interest on principal that they never received...Defendant has ignored these warnings. Rather than improving over time, Defendant’s violations have become more egregious over the years: when redesigning the application flow in the winter of 2014, Defendant increased the prominence of the “No hidden fees” representation and decreased the prominence of the tooltip...On desktops and mobile phones, after consumers agree to the loan terms and enter bank account information, they then click a “Done!” button and are taken to a screen that has stated, in large type: “Your [amount requested] loan is on the way. What’s next?” The amount that Defendant promises is “on the way” is the same “Loan Amount” that Defendant promised the consumer on the Loan Offer page. For example, a consumer who was promised a $10,000 loan amount will see on this screen a representation that “Your $10,000 loan is on the way...Although Defendant has told each consumer who completed a loan application that his or her “loan is on the way,” a consumer’s application in fact must undergo two additional processes after completion in order to receive final approval. First, an application must attract sufficient investor backing, and second, an application must pass Defendant’s stringent “back-end” credit review—so called to distinguish it from the lighter, “front-end” review that Defendant conducts while the consumer’s application is still in progress...If a consumer has garnered investor funding—but before Defendant has finished the “back-end” review of their applications—Defendant has sent such consumers various email messages communicating that the consumers will receive loans...In reality, however, many consumers who received such emails were subsequently rejected based on Defendant’s “back-end” credit review and never received a loan from Defendant. For example, of the at least approximately 196,000 consumers who received the above email, at least approximately 43,000 were subsequently rejected. The “back-end” credit review is searching and often involves, inter alia, an additional credit inquiry, a phone call to the consumer, requests for additional documentation, and detailed review of the consumer’s tax and bank records...Defendant’s default method of receiving consumers’ scheduled monthly payments is automatic electronic bank account withdrawal via ACH transfer. In numerous instances, Defendant has withdrawn money from consumers’ bank accounts without consumers’ authorization, or in amounts in excess of the amount consumers authorized Defendant to withdraw...As a result of Defendant’s unauthorized charges, many consumers are forced to pay overdraft fees, while other consumers are unable to pay other bills because they do not have access to the money that Defendant improperly withdrew...Defendant’s conduct is governed by the Privacy Rule prior to October 28, 2014, and by Reg. P after that date. The GLB Act authorizes both the CFPB and the Federal Trade Commission to enforce Reg. P. 15 U.S.C. § 6805...Defendant failed to comply with the requirements of the Privacy Rule and Reg. P. Specifically, Defendant failed to deliver the initial privacy notice so that each customer can reasonably be expected to receive actual notice. 16 C.F.R. § 313.9; 12 C.F.R. § 1016.9. For example, until at least the end of 2016, Defendant did not require customers to acknowledge receipt of the notice as a necessary step to obtaining a particular financial product or service. 16 C.F.R. § 313.9, and Reg. P, 12 C.F.R. § 1016.9. Instead, Defendant required customers to agree only to Defendant’s Terms of Use, which itself included only a link to Defendant’s privacy policy. In order to reach the privacy notice that Defendant was required to provide to customers, a customer would need to click on a link that did not indicate it was related to privacy, and then further find a link to Defendant’s privacy policy within the lengthy document to which the link led. Customers were not provided a clear and conspicuous privacy notice before they submitted nonpublic personal information to Defendant...Customers were only provided a link leading directly to the notice after they had applied for a personal loan. Defendant’s own compliance group had recommended repeatedly that the company require customer acknowledgment in the years prior to the 2016 change...Consumers have suffered and will continue to suffer substantial injury as a result of Defendant’s violations of the FTC Act and the Privacy Rule. In addition, Defendant has been unjustly enriched as a result of their unlawful acts or practices. Absent injunctive relief by this Court, Defendant is likely to continue to injure consumers, reap unjust enrichment, and harm the public interest."

Why did it take so long for the FTC to act? And what about the Consumer Financial Protection Bureau re privacy issues? See FTC FinTech Series: Marketplace Lending June 9, 2016 Transcript, here.  See also here, June 9 2016 ("8 of 15 mention “No Hidden Fees”).

Competition and a fair deal for consumers online

M. Vestager, here.
Platform fairness is today's hot topic but the Commissioner doesn't mention it. She refers to it in an interview, though.

IMG and Leeds United owner's agency raided in EU sport cartel inquiry

The Guardian, here.

Sopnendu Mohanty: «Singapore Will Be an Oasis for Fintechs»

Finews.asia, here

Scams, Lies, And Revenge Porn: In the Facebook Fallout, Will The U.S. Get New Privacy Laws?

Forbes, here

Distributed Ledger Technology

FCA, here. See also here.

Observatory on the Online Platform Economy

EC Decision, here

EU moves to regulate tech giants' business practices

Reuters. here

Kann die Demokratie im 21. Jahrhundert bestehen?

F.W.-Steinmeier, hier

Online platforms: Commission takes legislative steps to ensure transparency and fairness for platform users

EC, here. FAQs here.
Regulation here.
Impact Assessment, here. Annexes, here.

Why does the Commission propose a Communication on online disinformation

EC, here

Pour une régulation européenne des plates-formes numériques

LesEchos.fr, ici

Facebook and the GDPR

J. Carr, here

Vestager zoekt meer grip op snelle techwereld

FD, hier.

Norwegian Air had ‘several inquiries’ since IAG stake revealed

FT, here

Digital banking startup Revolut raises $250M at a valuation of $1.7B

TechCrunch, here

Wednesday, April 25, 2018

Delete Your Account: On the Theory of Platform Capitalism

LAReviewofbooks, here.

"We are seeing just the tip of the iceberg"

G. Buttarelli, here

Warum Daten unter die Kontrolle der Bürger gehören

E. Hafen, hier.

eBay To Offer PayPal Through July Of 2023

Pymnts, here.

Altaba, Formerly Known as Yahoo!, Charged With Failing to Disclose Massive Cybersecurity Breach; Agrees To Pay $35 Million

SEC, here.

Study in Support of the Evaluation of the Database Directive

EC, here.

Guidance on sharing private sector data in the European data economy

Commission Staff Working Paper, here.

Future of Identity and getting there

Mydex, here

Liability for emerging digital technologies

Commissiion Staff Working Paper, here.

Artificial Intelligence for Europe

EC, Communication, here

Data in the EU: Commission steps up efforts to increase availability and boost healthcare data sharing

EC, here

Proposal for a revised Directive on the reuse of Public Sector Information

EC, here. Impact Assessment and related documents here.

Artificial intelligence: Commission outlines a European approach to boost investment and set ethical guidelines

EC, here