[HN Gopher] Google to pay $60M for misleading representations
       ___________________________________________________________________
        
       Google to pay $60M for misleading representations
        
       Author : lysp
       Score  : 172 points
       Date   : 2022-08-12 08:53 UTC (14 hours ago)
        
 (HTM) web link (www.accc.gov.au)
 (TXT) w3m dump (www.accc.gov.au)
        
       | netzego wrote:
       | This "[...] sends a strong message to [other] digital platforms
       | [...]" that it is not possible to compete with any FAANG at these
       | shady business battlefields. But these so called "penalties" just
       | solidify these monopolies by raising the bar too high for
       | everybody else but them. Virtue signalling at it's best.
        
       | squarefoot wrote:
       | $60M seems a lot to normal people, but what if Google earned say
       | $61M with that practice, therefore they were aware it would turn
       | as a gain for them? I mean, the penalty should be of course
       | proportional to the offense, but prosecutors should also
       | calculate in some way the benefits so the penalty works as a
       | serious deterrent in the future. Also, part of the fee should be
       | compensation for the users involved, even if that would be a few
       | bucks, as it's important they're made aware that they were lied
       | to and how, so they can develop more resistance to false
       | advertising or mistreatment of their personal data in the future.
        
         | zulban wrote:
         | Indeed. And even if they only earned $6.1M doing this, if they
         | did something similar ten times but were only caught once then
         | it's still worth it.
        
         | harles wrote:
         | In this particular case it's estimated that 1.3m people viewed
         | the screen. A fine of ~$60 / user seems pretty hefty and a good
         | deterrent.
        
         | peyton wrote:
         | Instead of more rules and bigger penalties on the books, what
         | if the ad company and the phone company were separated? Then
         | other phone companies could work with the ad company, while
         | other ad companies could work with the phone company.
         | 
         | Consumers would have more choice. I don't believe one big
         | entity selling phones and ads carefully regulated by government
         | officials will lead to desirable outcomes in the long term.
        
           | shadowgovt wrote:
           | The Australian government lacks the authority to do that
           | without putting a level of onerous restraint on trade on a
           | foreign company that could get them in trouble with the WTO.
           | 
           | The _United States_ government could, hypothetically, pass
           | laws that recognize Google 's gestalt of overlapping
           | businesses as a new kind of monopoly and break it up. If
           | you're American, there are some candidates interested in this
           | and they aren't too hard to find.
        
       | exabrial wrote:
       | $60M is "cost of doing business" for Google when they make
       | something like $200B. Pocket change fines like encourage them to
       | continue to break the law.
       | 
       | Call me back when the fines hit 25% of revenue earned. Then we'll
       | see some changes.
        
       | bogomipz wrote:
       | >""This significant penalty imposed by the Court today sends a
       | strong message to digital platforms and other businesses, large
       | and small, that they must not mislead consumers about how their
       | data is being collected and used," ACCC Chair Gina Cass-Gottlieb
       | said"
       | 
       | This is a company that made $257 billion last year.[1] How is
       | that penalty significant exactly? It's practically a rounding
       | error. How does Gina Cass-Gottlieb make that statement with a
       | straight face? I almost think these folks are more interested in
       | putting a check in the win category in order to feather their
       | resume than they are in trying to meaningfully deter these
       | companies from these practices.
       | 
       | [1]
       | https://abc.xyz/investor/static/pdf/2021Q4_alphabet_earnings...
        
       | senttoschool wrote:
       | Australia has had a thing against Google.
       | 
       | In Australia, News Corp (Rubert Murdoch) dominates the media
       | landscape.[0] They have the power to dictate who wins elections
       | and who loses. Thus, politicians bend to News Corp will.
       | 
       | One of the results of this dynamic is that politicians forced
       | Google to start paying News Corp to show news links in Google
       | News in Australia but not anywhere else in the world.[1]
       | 
       | [0] https://www.abc.net.au/news/2021-04-14/fact-file-rupert-
       | murd...
       | 
       | [1]https://www.theguardian.com/media/2021/feb/17/news-corp-
       | agre...
        
         | [deleted]
        
         | nelox wrote:
         | However, the last federal election was lost by the incumbent
         | government, despite support for it by News Corp. That influence
         | may be far greater over politicians themselves than over the
         | electorate.
        
         | grecy wrote:
         | Whats more incredible is that inside Australia people genuinely
         | think it's a good thing, because the Government is finally
         | "taxing" Google... they actually believe the money is going to
         | the Australian government (schools, hospitals and all that) and
         | have no idea the money actually goes directly to Murdoch.
         | 
         | Even when I explain it with evidence, they still come back with
         | things like "it's about time Google paid their fair share,
         | they've been skipping taxes for too long".
         | 
         | It's utterly incredible what happens when you're on an island
         | isolated from the world.
         | 
         | (NOTE: I've been out of Australia for ~20 years and only
         | recently came back, so it's kind of a shock to only get media
         | from the inside)
        
           | palmetieri2000 wrote:
           | >(NOTE: I've been out of Australia for ~20 years and only
           | recently came back, so it's kind of a shock to only get media
           | from the inside)
           | 
           | Stupidest thing I've ever heard. There is no 'from the
           | inside' in Australia, what media could you possibly have
           | accessed before that you cannot now? Even more, what media
           | external to Australia provides a better or more accurate
           | insight about Australia than the Australian media?
           | 
           | Of course Murdoch's a prick, he always has been, he also does
           | not have total control of the media in any way. To make a
           | statement that implies there is some type of censorship or
           | barrier between Aussies and access to the truth is a complete
           | fabrication.
        
           | stonith wrote:
           | > Whats more incredible is that inside Australia people
           | genuinely think it's a good thing, because the Government is
           | finally "taxing" Google... they actually believe the money is
           | going to the Australian government (schools, hospitals and
           | all that) and have no idea the money actually goes directly
           | to Murdoch.
           | 
           | Every media outlet was shouting loudly in favor of it, even
           | the Guardian. Zero integrity when the rubber hit the road.
        
         | seydor wrote:
         | Competition is good evidently
        
         | defrost wrote:
         | First link shows NewsCorp domination (~65%) in Capitol City
         | print mnedia, not so much elsewhere.
         | 
         | Second link is about the News Corp deal, but does mention that
         | ALL Australian media will be compensated for "framing" by
         | Google ("in google" summaries and snapshots of sites that don't
         | generate traffic to actual site).
         | 
         | To be honest, this is a fair ask for kickback to actual content
         | creators .. local journalism, etc.
        
           | stonith wrote:
           | It's not a fair ask, because Google were also not allowed to
           | simply withdraw from displaying news. The whole thing was a
           | shakedown. Initial drafts didn't include the public
           | broadcaster ABC or SBS and only benefited the commercial
           | entities.
        
             | defrost wrote:
             | > Initial drafts didn't include the public broadcaster ABC
             | or SBS and only benefited the commercial entities.
             | 
             | What's the current state of play, can the ABC and SBS do
             | deals with Google and Facebook to get a return on their
             | content?
             | 
             | Why yes, yes they can.
        
         | urthor wrote:
         | Interestingly, you're completely correct.
         | 
         | However, the animosity runs deeper than Americans may imagine.
         | 
         | News Corp Australia has built a ground up, from first
         | principles, Ad Tech platform that competes directly with
         | Google's.
         | 
         | The number of, and proportional penetration, of its
         | publications are such they've the critical mass capable of
         | flouting the Google Ads duopoly.
         | 
         | Fairly strong F500 equivalent engineering culture.
         | 
         | They've recently announced an _incredulous_ financial
         | performance for the legacy media section of their business.
         | 
         | It has to be said Rupert Murdoch funded the whole ad tech build
         | with cable sports money. Murdoch will give up on his Australian
         | newspapers the day hell snows over.
         | 
         | Still, the raw flow of ad dollars is quite remarkable.
         | 
         | Undercutting Google is an (relative to the woes of legacy
         | media) _immensely_ profitable business.
        
           | marcosdumay wrote:
           | > Undercutting Google is an (relative to the woes of legacy
           | media) immensely profitable business.
           | 
           | Well, Google is immensely profitable, so this is not very
           | surprising.
           | 
           | What is interesting is that companies undercutting it are the
           | exception, not the norm.
        
           | woweoe wrote:
           | It might be a good thing that Australia actually has a
           | competitor in the field which is otherwise dominated by US
           | tech giants. Though one has to ask why Murdoch gave up Sky
           | and 20th Century.
        
         | ehnto wrote:
         | It's certainly true that Murdoch has an outsized influence in
         | Australia, but I don't believe this particular incident is a
         | case of Google versus Murdoch. I think this was a fairly clear
         | case of Google violating Australia's very robust consumer
         | protections. It's something Australia takes very seriously, and
         | it's a big mistake to run afoul of the ACCC.
        
           | drstewart wrote:
           | >Murdoch has an outsized influence in Australia
           | 
           | >Australia's very robust consumer protections. It's something
           | Australia takes very seriously
           | 
           | Quite the irony here
        
             | ehnto wrote:
             | Different systems at play, but I see what you're saying.
             | The ACCC doesn't try to stop social influence.
        
           | baazaa wrote:
           | Look at the past record of the ACCC. When their media code
           | ultimately just resulted in Google and Facebook paying
           | Murdoch and 9, the commissioner said that was his plan all
           | along.
           | 
           | https://thenewdaily.com.au/news/2021/03/17/alan-kohler-
           | news-...
           | 
           |  _[Rod Sims] said last week: "It doesn't matter a toss what
           | the money is paid for."
           | 
           | At an on-the-record Q&A event in Melbourne last week, Mr Sims
           | said: "For reasons of their own, Google and Facebook strongly
           | don't want to pay for news on search and news feed. Fine. The
           | news media companies don't care what the money is for. So I
           | just think it's a perfect outcome."
           | 
           | "But", I followed up, "this does nothing to address the
           | dominance of Google and Facebook".
           | 
           | "This is one problem at a time", Sims responded.
           | 
           | "The problem we're addressing with the news media code is
           | simply that we wanted to arrest the decline in money going to
           | journalism. That's what the code is about - getting more
           | money into journalism, and I personally think the money going
           | into Seven and Nine, what's been publicly reported, which is
           | north of $30 million, will make a big difference."
           | 
           | When I pointed out that there is nothing in the code that
           | makes the companies spend the money on journalism, rather
           | than dividends or executive bonuses, he replied that "the
           | world is watching what they do"._
           | 
           | Q: What's the difference between a thug who threatens to
           | break in your windows unless you pay up and Rod Sims?
           | 
           | A: Rod Sims is paid three quarters of a million dollars a
           | year by the taxpayer and has the gall to claim he's acting in
           | the public interest.
           | 
           | We shouldn't assume the ACCC are acting in good faith in this
           | case because we know they haven't historically, instead
           | waging an ideological campaign against tech companies.
        
             | Kbelicius wrote:
             | > Look at the past record of the ACCC.
             | 
             | What does that have to do with this case?
        
           | techdragon wrote:
           | When it comes to Murdoch related things, I often think it's
           | likely to be both, since Google can violate the law and the
           | ACCC entirely appropriate to punish them, and it can be
           | profitable for the Murdoch family to tip the scales in order
           | to make life harder for Google in Australia, so when
           | something like this comes up it's in their best interest to
           | stoke the fire and make sure the public knows Google did
           | something wrong, to encourage them to file the appropriate
           | complaints, etc... and so what might have been a 25 million
           | dollar problem for Google with $arbitrary ongoing compliance
           | costs, becomes 50 million dollar problem with $arbitrary x
           | 1.5 ongoing compliance costs.
        
         | pilgrimfff wrote:
         | Whatever Australia has against Google, there's no question that
         | Google completely lied about location tracking being buried in
         | the "Web and App Activity" setting.
         | 
         | Washington DC, Washington state, Indiana, and Texas are suing
         | Google for the exact same thing.
         | 
         | In this case, Google is guilty as sin.
        
         | Thorentis wrote:
         | > have the power to dictate who wins elections
         | 
         | I hope you're kidding. That power has belonged exclusively to
         | Facebook, Google, et. al. for at least the past 8 years.
        
           | jmprspret wrote:
           | That is not correct for Australia. NewsCorp almost
           | singlehandedly kept the liberal party in power for almost a
           | decade. Their reign only recently is over thanks to Scott
           | Morrison's stupidity and incompetence that was so great even
           | NewsCorp couldn't cover his ass.
        
           | Cipater wrote:
           | Do you know anything about News Corp and Rupert Murdoch?
        
             | newrotik wrote:
             | I see a lot of complaints about this but find little
             | information about what the actual problem is.
             | 
             | The abc link referenced mentions that Murdoch's reach
             | through physical newspapers is indeed outsized, but
             | acknowledges that only ~11% of the population uses this as
             | primary news source. There is nothing indicating anything
             | resembling a monopoly in radio, TV, and most importantly
             | digital.
             | 
             | "The Australian" belongs to News Corp, but is generally
             | considered a respectable outlet. Opinion pieces are clearly
             | distinguishable, and they also welcome contributions by
             | left wing politicians (Tanya Plibersek and Jim Chalmers are
             | examples I remember seeing relatively recently).
        
               | shakna wrote:
               | > "The Australian" belongs to News Corp, but is generally
               | considered a respectable outlet.
               | 
               | The Australian? Respectable? Nah, I don't think so.
               | 
               | They're right wing, obvious about it, and have had
               | several outright false reports in the last few years. [0]
               | They even run their own "Australian of the Year" award,
               | with the same name as the actual award. Their editors
               | call themselves right wing and conservative, and they've
               | been accused by both the Greens and Labor of targeted
               | harassment because of it.
               | 
               | [0] https://mediabiasfactcheck.com/the-australian/
        
               | headsoup wrote:
               | Unlike those left wing outlets that are nothing but
               | beacons of honesty and decency, right?
               | 
               | Or is it ok to have nuance on the left but not the right?
               | 
               | Mediabiasfactcheck. Lol. Of course there are stringent
               | guidelines as to what is specifically right wing, far-
               | right wing, left wing and far-left wing... All this
               | political tribalism is pathetic.
        
               | newrotik wrote:
               | It is a conservative leaning news outlet. You may not
               | agree with the view point but that does not imply that it
               | is not respectable.
        
             | defrost wrote:
             | Sure, Dennis Potter named his tumor 'Rupert' - there's a
             | damning indictment going back to Murdoch on Fleet Street.
        
         | denton-scratch wrote:
         | > Australia has had a thing against Google.
         | 
         | Is there someone that doesn't?
        
       | eitland wrote:
       | Good.
       | 
       | Still wait for Google to be punished for abusing it market
       | position to push its browser in a much worse manner than
       | Microsoft pushed IE back in the days.
       | 
       | For those who are new to this game: Microsoft was basically
       | punished for bundling a browser with their operating system.
       | 
       | If that was punishable (and thankfully it was), what should we
       | say about the worlds largest advertising company pushing their
       | browser in ad spots so valuable that no others were ever allowed
       | to touch them (the otherwise clean front page of Google)?
       | 
       | And of course: with its current behavior, MS should of course be
       | punished again for its abusive use of a dominant position when it
       | tries to stop people from downloading other browsers and tries to
       | prevent people from setting other browsers as default.
        
         | scarface74 wrote:
         | Microsoft was never "punished" in the US for bundling IE. They
         | were given a slap on the wrist for forcing OEMs to pay for
         | Windows licenses even when they shipped PCs without Windows.
         | 
         | Do you notice that at no time before or after the DOJ case
         | there was never a time that MS stopped bundling IE with
         | Windows?
        
         | bugfix wrote:
         | Microsoft now is doing the same with Edge. If you want to
         | change your default browser on Windows 11 you need to
         | individually click and select it for every file
         | extension/protocol.
        
           | kenjackson wrote:
           | I just tried this, there's a "make XYZ your default browser"
           | button at the very top of the page, which changes the default
           | for most of the relevant file extensions. Some, like MHT, it
           | doesn't. Not sure why. But they have everything on one page,
           | so for the extensions it missed, you can easily change.
           | 
           | That seems about as simple as one could make it. Is your
           | concern that it didn't change every extension to whichever
           | browser you made the default?
        
           | eitland wrote:
           | I tried to mention it above, so yes, I absolutely agree.
        
         | naet wrote:
         | I always find it boggling that apple can require all browsers
         | use webkit on ios... it seems so similar to some of the MS
         | stuff you mention.
        
           | scarface74 wrote:
           | Maybe because nothing ever happened with the "MS Stuff".
        
             | yakak wrote:
             | Apple will keep their prices high enough to never be bound
             | by anti-monopoly law. "Give something away" with
             | advertising and you've got the problem that you want to
             | collect whatever you can from each and every consumer.
        
           | eitland wrote:
           | For now it is actually a good thing.
           | 
           | But it should probably be looked into the moment the Chrome
           | monopoly is dealt with.
        
             | shadowgovt wrote:
             | Why is Apple's arrangement a good thing and Google's a bad
             | thing?
             | 
             | This is the tricky bit about monopoly breaking... The lack
             | of consistent legal philosophy on what constitutes
             | "monopoly" can be a real problem for fair competition
             | (which translates to more costs and worse product for
             | everyone, as companies shadow-box law hypotheticals rather
             | than just make good product).
        
               | babypuncher wrote:
               | Apple's arrangement is only a good thing in the context
               | of Google's otherwise total domination of the browser
               | market.
               | 
               | Nobody is saying that Apple's behavior is overall good,
               | just pointing out that Apple's bad behavior just so
               | happens to be keeping someone else's bad behavior in
               | check.
        
               | eitland wrote:
               | Note that I write "for now".
        
             | naet wrote:
             | I don't find effectively forcing Safari on users to be a
             | good thing. Even if it takes some market share away from
             | Chrome, it just makes a new platform specific monopoly, and
             | arguably a worse one with less pressure to change.
             | 
             | As a web developer iOS is the most infuriating platform at
             | the moment for me. There are some random nonstandard
             | features. Just this last month I had an issue with ios "low
             | power mode" causing webkit to throttle all browser
             | animation frame requests by half, with no way to override
             | or even check if it is on. There are open complaints and
             | issues about this going back years but nobody can change it
             | without Apple's blessing, which they don't give, so it
             | affects every browser on iOS with no recourse.
             | 
             | I have had tons of iphone browser specific issues and I am
             | pretty sure their platform monopoly is a big part of why
             | they go ages without being addressed. If there was real
             | competition on the ios browser market they might push each
             | other to do better by comparison.
        
               | scarface74 wrote:
               | Why should you as a web developer be able to bypass
               | settings that keep the client's phone from running out of
               | battery life?
        
               | babypuncher wrote:
               | It's a net positive in that it is the only thing stopping
               | Google from having complete dominance of the web. Both
               | are problems that need to be solved
        
               | greggman3 wrote:
               | You solve that problem by making a better browser, not by
               | limiting user choice.
        
               | wyre wrote:
               | Firefox has, more or less, consistently been a better
               | browser than Chrome, but because Google has a monopoly on
               | the internet Chrome gets the majority of the market
               | share. A better product cannot defeat a monopoly.
        
               | bobsmith432 wrote:
               | > I don't find effectively forcing Safari on users to be
               | a good thing. Even if it takes some market share away
               | from Chrome, it just makes a new platform specific
               | monopoly, and arguably a worse one with less pressure to
               | change.
               | 
               | Safari has no pressure to change because it literally
               | can't, Apple WebKit is the ONLY rendering engine on iOS.
               | 
               | But for Apple's love of avoiding standards, you won't
               | usually find people who care or who are concerned about
               | it until it actually gets in your way (your issue for
               | example), for the most part nobody cares about USB-C not
               | being universal for iPhones as I'm the 14-24 demographic
               | in the US and everyone sees USB-C as the "Android"
               | charger or even funnier the "vape" charger, and they see
               | Lightning port as the only phone charger ever made (I
               | genuinely had to remind my sister that 40-pin is a
               | thing), and for example that's all I can talk on because
               | none of the other things have genuinely got in my way
               | (mainly because my only Apple products are over 10 years
               | old).
        
       | leksak wrote:
       | "This significant penalty [...]" is it really a significant
       | penalty when Google has deep coffers?
        
         | boomboomsubban wrote:
         | No, but it might send a message to other digital platforms like
         | the quote says. Google won't even notice this, everyone smaller
         | will now worry about receiving their own $60M fine which would
         | ruin them.
        
           | enlyth wrote:
           | I don't understand what's so hard on doing fines based on %
           | revenue or something similar, that would solve such issues.
        
             | boomboomsubban wrote:
             | The size of the fine likely is somewhat revenue based,
             | that's why they used Google to scare others.
        
               | 37 wrote:
               | >The size of the fine likely is somewhat revenue based
               | 
               | What? Says who? It's just a number that the ACCC and
               | Google both agreed upon. FTA: _The ACCC and Google
               | jointly submitted to the Court that a penalty of $60
               | million against Google LLC was appropriate, and that no
               | separate penalty against Google Australia Pty Ltd was
               | necessary, in circumstances where the Australian company
               | was not responsible for the preparation of the screens
               | which the Court found were misleading._
        
               | boomboomsubban wrote:
               | >It's just a number that the ACCC and Google both agreed
               | upon.
               | 
               | Both groups agreed on it being fully aware of Google's
               | revenue, and if Google had the revenue of an average
               | company it's likely neither side would have suggested the
               | amount. Somewhat revenue based.
        
               | 37 wrote:
               | >Both groups agreed on it being fully aware of Google's
               | revenue, and if Google had the revenue of an average
               | company it's likely neither side would have suggested the
               | amount. Somewhat revenue based.
               | 
               | It says absolutely nothing of the sort in the article.
               | Seems like yet another assumption you are making.
               | 
               | By the same logic, both groups are fully aware that
               | Google starts with the letter G, therefore the size of
               | the fine is based on the fact that Google starts with the
               | letter G.
               | 
               | I'm really not trying to be an asshole here, but please
               | don't go around saying things that you don't know to be
               | true.
        
               | boomboomsubban wrote:
               | >It says absolutely nothing of the sort in the article.
               | Seems like yet another assumption you are making.
               | 
               | Google's revenue is public knowledge, surely the ACCC is
               | capable of using a search engine to find it.
               | 
               | >but please don't go around saying things that you don't
               | know to be true.
               | 
               | I can't prove it, or perhaps I could if the ACCC has
               | fined others for the same offense, but even without proof
               | I'm not making an extraordinary claim. If a local
               | delivery place had two separate toggles needed to stop
               | them from tracking your order history, they'd be guilty
               | of the same thing yet people would find a $60M fine
               | ridiculous.
        
             | mkl95 wrote:
             | IIRC the EU does that, but there is a limit that isn't sky
             | high. So it's more likely to deter smaller FAANG
             | competitors than actual FAANG companies.
        
               | DoughnutHole wrote:
               | The maximum GDPR fine is the higher of EUR20 million or
               | 4% of global turnover, which is pretty substantial. In
               | Google's case the maximum fine based on 2021 revenue
               | would be ~EUR10 billion, about 13% of their profits in
               | that year. It's not completely crippling but it's a
               | significant hit, especially considering that they can get
               | fined again and again for additional violations.
               | 
               | The fines are a much bigger deal for companies with lower
               | profit margins - Amazon had ~EUR470 billion in revenue in
               | 2021, and only ~EUR8 billion in profits. The maximum fine
               | Amazon could receive is ~EUR18.8 billion - more than two
               | years of profits. A single severe violation potentially
               | putting them in the red for 2 years is a pretty strong
               | penalty.
               | 
               | [Thank you Euro-Dollar parity for making these
               | computations effortless]
        
           | 37 wrote:
           | >everyone smaller
           | 
           | Like who? Since 2019, Android and iOS control <99.7% of the
           | market in Australia.
           | 
           | https://www.statista.com/statistics/245191/market-share-
           | of-m...
        
             | boomboomsubban wrote:
             | I assume this data collection law does not onlu apply to
             | phone operating systems, but any such service that collects
             | data and could hide disabling it in multiple places.
        
             | citizenpaul wrote:
             | Could even take it one step further and say that Google is
             | flaunting bad behavior to put regulator eyes on it on
             | purpose. Since Google controls the market anyway it would
             | actually help to discourage competitors.
             | 
             | Noam Chomsky would probably agree as he says large
             | companies love regulation because it locks out competitors.
        
               | dimitrios1 wrote:
               | Noam or no Noam this is pretty well known. Enterprise
               | Risk and Compliance departments for major banks and
               | financial institutions are a a revolving door of
               | lobbyists, regulators, and executives, and they all
               | participate in the draft process of the legislation.
               | 
               | It's about time Big Tech caught up to what the rest of
               | what large corporations in America do. Gotta start paying
               | off those politicians and drafting regulation to lock out
               | all those pesky startups.
        
         | spoonjim wrote:
         | It is when pretty much every country without a tech economy
         | does this to the big players every few months
        
           | simion314 wrote:
           | Could be the issue that big players do illegal things? If
           | some organization brings this issues in front of a judge what
           | should a judge do? He must apply the law. I assume Google had
           | competent lawyer present so this is legal, if you are a US
           | tech company and don't like this laws (that protect
           | consumers)then I suggest don't sell your products/services in
           | this countries or follow the laws.
        
           | mvc wrote:
           | If the "tech economy" is going to hoover up consumers from
           | all over the world, it should expect to contribute it's fair
           | share of the costs of maintaining civilisation in those
           | societies.
           | 
           | Maybe if they didn't restructure their organizations so as to
           | avoid taxes in all but the lowest tax jurisdictions, they
           | wouldn't be fined by places where they actually make the
           | money.
        
             | spoonjim wrote:
             | "Deserve ain't got nothing to do with it."
             | 
             | Both tech companies and governments are doing what they are
             | doing because they can.
        
             | cscurmudgeon wrote:
             | > If the "tech economy" is going to hoover up consumers
             | from all over the world, it should expect to contribute
             | it's fair share of the costs of maintaining civilisation in
             | those societies.
             | 
             | How is this not different from how a mafia operates?
        
               | paulryanrogers wrote:
               | Who is being compared to the mafia? Outsized,
               | international conglomerates, accountable only to
               | shareholders or governments representing the public?
        
               | cscurmudgeon wrote:
               | Really? If they were accountable only to shareholders
               | would you even have the post here where they have to pay
               | fines?
               | 
               | Governments represent public. Sure. But they are slaves
               | to other corporations
               | 
               | https://reason.com/2021/02/18/everybodys-wrong-about-the-
               | fac...
        
               | paulryanrogers wrote:
               | The problem appears to be that the fines are a wrist
               | slap, so cost of doing business once entrenched.
               | 
               | Regulatory capture is also a problem. I prefer
               | governments with less corruption, debilitating fines,
               | companies less powerful than nation states, and robust
               | antitrust enforcement to maintain healthy competition.
        
             | drstewart wrote:
             | >Maybe if they didn't restructure their organizations so as
             | to avoid taxes in all but the lowest tax jurisdictions,
             | they wouldn't be fined by places where they actually make
             | the money.
             | 
             | So to be clear, these fines aren't legitimate but instead
             | are backdoor taxes meant to compensate for the government's
             | inability to capture the taxes they've established? Is that
             | your position here? And you're insinuating this is a good
             | thing?
        
         | [deleted]
        
         | Silverback_VII wrote:
         | if you open those coffers you may be surprised at how many
         | mindless worms are eating away their precious content.
        
       | bsaul wrote:
       | i've always wondered where the money is going in those kinds of
       | trials.
       | 
       | It's supposed to be a compensation for damages to the consumers,
       | but are the consumers ever getting any money from the fine ?
        
         | netrus wrote:
         | From my quick reading, it's a penalty, so it's not necessarily
         | supposed to be a compensation, but a deterrent. So I guess the
         | answer is that the money goes to "everyone", which is fine in
         | my book (otherwise you have all the overhead of registering who
         | gets what, which leads to a large chunk going to law firms).
        
           | andyferris wrote:
           | Correct, the fines are those set in legislation and collected
           | by the government. I suppose in the US you might say Google
           | was found guilty of a "corporate misdemeanor"? I think the
           | ACCC overlaps with some functions of the FTC; they are the
           | investigator and prosecutor in such cases.
           | 
           | (It's worth noting that while Australia does have class
           | actions for collecting compensation, here civil cases can
           | never collect punitive damages so it's probably hard to
           | extract a large sum from Google through that route in this
           | particular case).
        
       | xchip wrote:
       | $60M, provided they have 60M users, that means a penalty of $1
       | per user. And I bet they have more users than that, so that is
       | why companies keep on doing this, because it is damn cheap.
        
         | lern_too_spel wrote:
         | Or because these are two different apps and users don't
         | actually find this confusing. The same thing happens on iOS.
         | You can toggle location usage for Google search and location
         | history in Google Maps.
        
         | dahart wrote:
         | > so that is why companies keep on doing this
         | 
         | Google already stopped this, so which companies are you
         | referring to?
         | 
         | This fine is only for Australia, and Google has had to pay
         | billions in fines globally, which is not cheap and has changed
         | their data collection practices. The suggestion that fines
         | aren't working isn't accurate.
        
           | xchip wrote:
           | Just give them some time, this happens every 3 years.
        
             | dahart wrote:
             | Does it? Mind passing along some links to demonstrate the
             | pattern?
        
         | spaetzleesser wrote:
         | It feels like government agencies and companies have found a
         | spot where the fines aren't too much for companies to stop but
         | enough for government to be financed. It's not about deterrence
         | but about mutually beneficial arrangement.
        
         | gpm wrote:
         | Australia has a population of 25 million, so it's very unlikely
         | that they have 60 million users.
         | 
         | The product in question is Android, 15 million is probably a
         | reasonable guesstimate and nicely divides to $4 per user. Still
         | not a ton, but not quite as low as you're suggesting.
        
           | 37 wrote:
           | FTA: _The ACCC's best estimate, based on available data, is
           | that the users of 1.3 million Google accounts in Australia
           | may have viewed a screen found by the Court to have breached
           | the Australian Consumer Law._
        
             | gpm wrote:
             | Oops, read over that, thanks :)
        
             | andyferris wrote:
             | Hmm so roughly 27 USD per user over the 2 year period in
             | question, or US$13.50 per annum per user.
             | 
             | Roughly how much revenue (and profit) does Google make per
             | Android user per year through targetted ads, etc (over and
             | above e.g. an iPhone user)?
        
               | ErikCorry wrote:
               | Google makes less profit from an Android user than an
               | iPhone user. https://www.theguardian.com/technology/2012/
               | mar/29/google-ea...
        
               | ErikCorry wrote:
               | Lol the truth hurts!
        
               | swores wrote:
               | 60M / 1.3M = au$46.15 = us$32.85
               | 
               | Splitting hairs but by the time I noticed you'd done a
               | currency conversion (which had made me think your number
               | was way off) I figured might as well be accurate.
               | 
               | Edit: while being pedantic, I'll also point out that
               | halving for a "per annum" amount doesn't really make
               | sense considering the estimate of 1.3M users is ones who
               | "may have viewed a screen found by the Court to have
               | breached the Australian Consumer Law" during the two
               | years, not who were exposed to two years worth of
               | anything.
        
               | kurupt213 wrote:
               | Facebook was making $50 per user before apple crippled
               | them, so I would assume Google makes at least that much
        
               | ClassyJacket wrote:
               | This occurred in Australia, Australia uses Australian
               | Dollars. Thus they are not being fined USD, they are
               | being fined AUD. USD does not have anything to do with
               | this discussion whatsoever.
        
         | boredumb wrote:
         | Doubtful they have 60 million users in Australia for a lot of
         | reasons. Also $60,000,000 isn't damn cheap.
        
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