AllThingsD » Capitol Hill

The Full Valenti: Dodd Trades His Olive Branch to Tech for a Howitzer, After SOPA/PIPA Gets Delayed

Kara Swisher — Fri, 20 Jan 2012 19:32:53 +0000

Poor Chris Dodd — he just got the top media lobbying job in Washington, D.C., at the very moment that the strong-arming-pols, scare-the-children, Jack Valenti era in media lobbying is now decidedly over.

It’s obviously a very confusing time for big media these days, on a lot of fronts. But any of the consummate insider moves once used by the legendarily pugnacious Valenti (pictured here onstage at our first D: All Things Digital conference in 2003) had a hard time this past week, as Internet players went very public in protesting two Congressional bills aimed at combating piracy online.

Not that Dodd didn’t try to cope.

The former Senator — who is now the chief lobbyist for the once much more powerful Motion Picture Association of America — gave a can’t-we-all-get-along interview to the New York Times on Thursday, in which he called for a meeting with techies to come to some acceptable compromise.

Wrote the Times:

“In an interview Thursday, Mr. Dodd said he would welcome a summit meeting between Internet companies and content companies, perhaps convened by the White House, that could lead to a compromise … ‘The perfect place to do it is a block away from here,’ said Mr. Dodd, who pointed from his office on I Street toward 1600 Pennsylvania Avenue.”

But on Friday, after politicians quickly moved to delay both the House’s Stop Online Piracy Act (SOPA) and the Senate’s PROTECT I.P. Act (PIPA) — after successful protests pointing out that the legislation could lead to censorship — Dodd went to the full Valenti again:

“We applaud those leaders in Washington who have chosen to stand with the millions of hard working Americans all across this nation whose livelihoods are threatened by foreign criminal websites designed to steal. As a consequence of failing to act, there will continue to be a safe haven for foreign thieves; American jobs will continue to be lost; and consumers will continue to be exposed to fraudulent and dangerous products peddled by foreign criminals.”

Foreign criminals! Foreign thieves! Is it just me, or does Dodd sounds like Cher, singing, “Gypsies, tramps and thieves”?

(Let’s be clear, that utterance could never top Valenti’s most infamous quote: “I say to you that the VCR is to the American film producer and the American public as the Boston Strangler is to the woman home alone.”)

To be fair, Dodd is hindered by strict restrictions on his lobbying Congress until next year. That said, this is not an old-timey, private Capitol Hill fight, but a modern-era, social-media-charged one.

And it’s pretty clear that the old scare tactics used by big media will no longer work as well, as consumers — as much as they like their movies — seem to love their Internet more.

Thus, what has happened is that — at least for now — the MPAA and media companies have lost and lost big, after the typically fractious Web powers decided to lock arms for once and cooperate with a creative, take-it-to-the-people approach of showing a disabled Internet.

Dramatic? Yes. Effective? Certainly. (That Facebook and Google agree on anything? Astonishing!)

Where it goes from here is unclear — the MPAA and its constituents could certainly rally and put forth their own protest. Ironically, the most effective way to do that is not via the airwaves or other former means of broadcast to the public, but on the Web.

Which is controlled by Dodd’s foes. (You see the problem here.)

The answer, in the end, might have to be the cooperation he first suggested.

As he told the Times:

“The companies, Mr. Dodd said, are ‘rethinking everything,’ not just about the bills, but about their relationship with an estranged Silicon Valley. That need for rapprochement, he said, ‘has come home in a way that no rhetoric of mine could express.’”

Much more to come, obvi.

Travel Sites Ally to Block Google Deal

Thomas Catan — Tue, 26 Oct 2010 07:00:29 +0000

Several popular online travel companies are joining forces to oppose Google Inc.’s proposed $700 million purchase of ITA Software Inc., the leading provider of flight data, saying the deal would give it too much sway over the travel sector.

Expedia Inc., Kayak.com, Sabre Holdings and Farelogix Inc.—which operate half-a-dozen leading online travel sites—are forming a coalition called FairSearch.org to persuade the Justice Department to block Google’s latest deal.

The companies are also launching a lobbying blitz on Capitol Hill, making the case to members of Congress that the deal would allow Google to dominate the online air-travel market by giving it control over the software that powers many of its rivals in the travel search business.
Google responds that buying the service will help it provide more useful information to consumers when they search for flight data.

Read the rest of this post on the original site

A "Do Not Call The FTC About Facebook Privacy" Registry? Great Idea, Tim.

John Paczkowski — Mon, 10 May 2010 17:50:43 +0000

“We understand you may not want everyone in the world to have the information you share on Facebook; that is why we give you control of your information. Our default privacy settings limit the information displayed in your profile to your school, your specified local area, and other reasonable community limitations that we tell you about.”

–Facebook Privacy Policy, 2006

“When you connect with an application or website it will have access to General Information about you. The term General Information includes your and your friends’ names, profile pictures, gender, user IDs, connections, and any content shared using the Everyone privacy setting….The default privacy setting for certain types of information you post on Facebook is set to “everyone.”…Because it takes two to connect, your privacy settings only control who can see the connection on your profile page. If you are uncomfortable with the connection being publicly available, you should consider removing (or not making) the connection.”

– Facebook Privacy Policy, 2010

Perfect.

Facebook has enlisted a former senior Bush administration regulator to defend its privacy practices in Washington. Tim Muris, an attorney at law firm O’Melveny & Myers who served as chairman of the Federal Trade Commission from 2001 to 2004, is advising the company, whose privacy disclosures and fast and loose handling of user data are increasingly drawing scrutiny on Capitol Hill.

Indeed, on May 5, the Electronic Privacy Information Center filed a complaint with the FTC alleging that Facebook has engaged in unfair and deceptive trade practices in violation of consumer protection law.

“[The site] continues to manipulate the privacy settings of users and its own privacy policy so that it can take personal information provided by users and make it widely available for commercial purposes,” the Washington-based advocacy group said. “The company has done this repeatedly and users are becoming increasingly frustrated and angry.”

Clearly, the Facebook privacy backlash, which has been building for years now, has begun in earnest.

What better time, then, to seek the help of someone like Muris, who created the popular U.S. Do Not Call Registry and just last week received the Miles W. Kirkpatrick Award “for his significant and lasting contributions to the FTC, antitrust law, and the cause of consumer protection.”

Reached for comment, Facebook said Muris is not an official employee. “There have been some reports that Tim Muris has joined Facebook,” the company told me. “Muris has not joined Facebook.”

But he is serving as a consultant, something sources close to the company have told me, though Facebook declined to comment on.

Blue Mountain Arts' Polis of Web 1.0 and His First Year as a Congressman in Web 2.0

Kara Swisher — Mon, 22 Mar 2010 12:18:01 +0000

While in Washington, D.C., last week, one of BoomTown’s last stops was at the office of Colorado Democratic Congressman Jared Polis on Capitol Hill.

Although I usually try to avoid politicians at all costs, it was terrific to check in with Polis, who was one of the more interesting players in the Web 1.0 scene.

His family–the Schutzs–created a pioneering and unusually fast-growing online greeting cards site in 1996, Blue Mountain Arts, inspired by their independent analog company.

In 1999, they sold it to Excite@Home for $780 million, a little less than half in cash, in what turned out to be one of the final bubble deals of that era.

Proof of that: American Greetings (AM) snapped up Blue Mountain Arts for just $35 million in cash in 2001.

By that time, Polis–who decided to use his mother’s maiden name–had involved himself in educational issues in his home state and finally won a seat in Congress in 2008.

Polis, 34, whose entrepreneurial ventures in tech preceded and followed Blue Mountain, talked with me about his first full year in office, which includes a lot less tech focus than you might imagine.

Here’s the video, which includes a tour of Polis’s Congressional office in the Cannon House Office Building:

[ See post to watch video ]

"My Life on the D List" Meets All Things D

Kara Swisher — Fri, 19 Mar 2010 07:15:32 +0000

While in Washington, D.C., this week, BoomTown got to go to a dinner in honor of comic Kathy Griffin.

Griffin’s reality television show is called “My Life on the D List,” and we’re proud to share the same terrific letter.

She made much hay of her relationship with Apple (AAPL) co-founder Steve Wozniak on the show, so there’s yet another tech link.

And, in the video–in which she talks about her lobbying on Capitol Hill to repeal the “Don’t Ask, Don’t Tell” policy regarding gays in the military–she also uses a very naughty term for tweeting on Twitter.

So, apropos of it being Friday, here’s the video of Griffin, who also told me she is a big fan of the Flip digital video camera:

[ See post to watch video ]

Sale of iLike to MySpace–$13.5 Million in Cash, $6 Million for Talent Retention–Delayed Over Tax Issues (Really!)…Plus, the List of Other Suitors!

Kara Swisher — Tue, 18 Aug 2009 06:25:06 +0000

The board of iLike planned a meeting earlier tonight to go over a buyout offer by MySpace, several sources close to the situation said. But it was suddenly canceled because of some thorny tax implications related to the talent-retention part of the deal to purchase the social music start-up.

This does not mean the pending acquisition is in jeopardy, sources said, and it could be on track to be signed as early as today, barring any more complications.

That is what both iLike and MySpace execs are hoping, said sources, one of whom described the outstanding issues as a “technicality.”

What’s also been unclear is the actual price the social networking giant is paying for iLike, which has been reported as about $20 million.

In fact, only $13.5 million will be paid upfront in cash, with about $8 million of that money likely going to one of its major shareholders, Ticketmaster Entertainment (TKTM), due to its preferred shares.

Another $6 million has been promised by MySpace in forward payments to retain some key employees–including iLike co-founders and twin brothers Ali and Hadi Partovi.

Although those employees can remain in Seattle, where iLike has its HQ, they must stay employed at Beverly Hills, Calif.-based MySpace for two and a half years to get their money.

It’s that talent part of the deal that caused the Partovis to cancel the iLike board meeting, which they explained to key investors was necessary due to some confusion over how the money paid to these employees would be taxed.

A person briefed on the issue said that if it was taxed as compensation, it would have a much higher tax rate than if it were considered long-term capital gains.

The Partovis said in the email that they were working on the problem with their advisers on the sale, Allen & Co., as well as with lawyers and accountants.

Tax snafus in the middle of a sale are not exactly the way the entrepreneurial Partovis envisioned it was going to go for iLike (see my various video interview related to iLike below) when they created the compelling music sharing and recommendation service in 2006.

After only a few years, the innovative start-up claims it has 50 million registered users overall.

A lot of that growth was due to iLike quickly becoming one of the most popular widgets on social networking sites like Facebook, where it has also been the top music application, with 10 million active monthly users.

The Partovis–who once were close with execs at Facebook (see my party video below), particularly founder and CEO Mark Zuckerberg–placed great faith in its growth lifting all Web 2.0 boats.

It did not turn out that way, though, especially from the important financial point of view, and iLike scrambled to diversify.

The iLike service recently began offering a music downloading service, for example, as well as other such features, all of which would be attractive to the music-centric focus at MySpace.

Once an Internet sensation, MySpace has been struggling to restructure itself after losing momentum and buzz in recent years, as well as a huge advertising revenue drop in its most recent quarter.

Its owner, News Corp. (NWS), replaced its founders with new management four months ago, including former Facebook exec Owen Van Natta as CEO.

After making major staff layoffs and rejiggering management, Van Natta and his new team have been working on an overhaul of the MySpace product and seem to be refocusing it to become a global music and entertainment service.

MySpace also has a joint venture with major music labels, MySpace Music, which has been trying to attract consumers and build a viable business. Sources said MySpace Music could also buy into the iLike deal or simply license its technology to improve its features.

Thus, purchasing iLike would fit in well with MySpace’s overall plans.

And iLike has also been in need of a fix itself.

For all its popularity, especially on Facebook, it has moved slowly toward profitabilty, and its $17 million in funding has been dwindling, as has its viability as a standalone company.

Back in more frothy Web 2.0 days, iLike’s generous funding gave it a valuation of more than $50 million, which has also lost steam over time and as the economy has worsened.

In the last quarter of fiscal 2008, for example, Ticketmaster wrote down its $13 million investment by $6 million.

Tensions between its execs and iLike have gotten worse over time, although some thought at one time that Ticketmaster would buy iLike.

No longer, which is why the founders turned to Allen & Co., as MediaMemo reported as far back as November, to find another big investor or buyer.

Wrote Peter Kafka: “Delivering free music on the Web has so far proven to be a high-cost, low-revenue endeavor…”

So, the New York deal-making firm ginned up a small group of suitors, which included Facebook, Activision Blizzard (ATVI) and Microsoft (MSFT), as well as MySpace.

Of the three, Activision was most serious, with interest in integrating iLike’s community and technology tools with its Guitar Hero franchise.

But Activision never actually made a formal bid, said sources.

Both Microsoft and Facebook also considered the purchase, but sources said they would only offer stock in a deal. But iLike wanted cash in the deal.

The Partovis were also was wary about working at either place.

Both Partovis, for example, had worked at Microsoft (Ali after selling it LinkExchange in 1998 for $265 million; Hadi several times, once following Microsoft’s acquisition of Tellme Networks, which he co-founded).

As it has turned out, in its short life, iLike’s last, best alternative is apparently MySpace.

“Look, iLike has been shopped around for a while, and while the team and technology are great, it only has one choice and that’s to be sold,” said one person involved in the various scenarios. “The question for the buyer then is whether it was worth it to pay up or just move on and do it ourselves.”

So until the bean counters settle this IRS nightmare, here is my video interview with Hadi Partovi about a year ago at iLike’s HQ in the Capitol Hill section of Seattle, when times were a little more hopeful:

[ See post to watch video ]

And here is a very dark and very shaky video I did when iLike threw a fete in Silicon Valley to celebrate its start-up two years ago and to send some appreciation in Facebook’s direction–it is so dated that Facebook COO Sheryl Sandberg, who is in the video, is still at Google (GOOG).

(Full Disclosure: News Corp. also owns Dow Jones, which owns this site.)

Good Effort, Moral Pygmies…

John Paczkowski — Tue, 28 Oct 2008 15:09:06 +0000

While technologically and financially you are giants, morally you are pygmies.”

– Rep. Tom Lantos (D., Calif.), chairman of the House Committee on Foreign Affairs, to Yahoo CEO Jerry Yang and General Counsel Michael Callaghan, Nov. 6, 2007

Yahoo’s public shaming before the House Foreign Affairs Committee last November apparently had quite an effect on Internet companies cooperating with Chinese government censorship and demands for information on dissidents. Less than a year after that brutal Capitol Hill humiliation, during which Committee Chairman Tom Lantos (D., Calif.) lambasted Yahoo’s leadership as moral “pygmies,” Yahoo (YHOO), along with Microsoft (MSFT) and Google (GOOG), is introducing a code of conduct that will govern their business practices in repressive countries. The Global Network Initiative, as it’s called, commits the companies to a general support for freedom of expression on the Internet, requiring them to at least try to “avoid or minimize the impact of government restrictions on freedom of expression” and to “narrowly interpret and implement government demands that compromise privacy.”

“The idea is that we believe the guidelines will need to be reviewed, and we will have to revise them as we take into account the actual experience,” said Sharon Hom, executive director of Human Rights in China, which helped draft the initiative. “It envisions an ongoing process of learning and sharing best practices.”

That’s a great step forward for firms like Google, which censors its search results in China, and Yahoo, which handed over emails to the Chinese government that led to the imprisonment of two journalists. But with no bans or sanctions on any specific conduct and most of its key guidelines left entirely up to interpretation, The Global Network Initiative seems more like an effort on the part of the participating companies to avoid legislation on their conduct abroad than anything else–a “We Promise to Be Good if You’ll Just Leave Us Alone” code, if you will. “After two years of effort, they have ended up with so little,” said Morton Sklar, executive director of the World Organization for Human Rights USA. “It is really very little more than a broad statement of support for a general principle without any concrete backup mechanism to ensure that the guidelines will be followed.”

Yahooglesoft Lawyers Speak!

Kara Swisher — Wed, 16 Jul 2008 12:59:39 +0000

Please see this disclosure related to me and Google.

Yesterday, BoomTown went to Washington, D.C. to see lawyers from Microsoft (MSFT), Yahoo and Google face off in Senate hearings about the controversial search advertising outsourcing deal recently struck between Yahoo (YHOO) and Google (GOOG).

Titled “The Google-Yahoo Agreement and the Future of Internet Advertising,” the hearings were called by the Judiciary Committee’s Subcommittee on Antitrust, Competition Policy and Consumer Rights and chaired by Sen. Herb Kohl (D., Wis.).

As I expected, the hearings on the Yahoo agreement with Google (transcripts of testimonies here) to outsource some of its ad search business were a lot of show and not so much content.

There was also a hearing for the House’s Task Force on Competition Policy and Antitrust Laws, called “Competition on the Internet,” which featured the same trio of execs.

And here’s a video of BoomTown chatting up Google’s Chief Legal Officer David Drummond, Microsoft’s General Counsel Brad Smith and Michael Callahan, general counsel for Yahoo, right after the Senate hearings were over.

[ See post to watch video ]

Please see this disclosure related to me and Google.

Kara Visits the Senate Hearings on the Yahoo-Google Ad Search Deal

Kara Swisher — Tue, 15 Jul 2008 16:21:06 +0000

Please see this disclosure related to me and Google.

Sitting at the Senate hearings about the Yahoo-Google ad search deal this morning in Washington, D.C., let it be said that BoomTown is deeply dubious about whether it is a good thing for consumers and advertisers, as both Internet companies have asserted.

But this was my most certain conclusion:

The worst-case scenario is actually for politicians to meddle in the Internet space with their largely Web-ignorant mitts.

But that’s just me!

In any case and as usual, the hearings on the Yahoo agreement with Google (transcripts of testimonies here) to outsource some of its ad search business were a lot of show and not so much content.

There was an interesting little testy back-and-forth between Sen. Arlen Specter (R., Pa.) over remarks that Yahoo (YHOO) CEO Jerry Yang might have made in a previous meeting with Microsoft (MSFT) that was recounted by Microsoft General Counsel Brad Smith.

The gist of it was that Yang sketched out a world of two “poles”–Google (GOOG) on one side and Microsoft and Yahoo on the other. And if Yahoo moved over to the Google side, the World Wide Web would be terribly askew!

Yahoo General Counsel Michael Callahan said that was not his recollection of the meeting, in which he also participated.

Specter wondered who was telling the truth, which only made me want to yell out: Welcome to the MicroHoo Hall of Crazy Mirrors, Senator!

Mostly, Google and Yahoo argued that by doing an ad-search partnership they would stay aggressively competitive with each other.

Microsoft, of course, argued that the end was nigh.

“Never before in the history of advertising has one company been in the position to control prices on up to 90 percent of advertising in a single medium,” said Microsoft’s Smith. “Not in television, not in radio, not in publishing. It should not happen on the Internet.”

Countered Yahoo’s Callahan: “The purpose of this commercial arrangement, the intent of Yahoo moving forward, is to make our company an even stronger competitor to Google, to Microsoft and to others in the dynamic and rapidly growing online advertising world.”

Of course, Google chimed in, via Google Chief Legal Officer David Drummond: “Google and Yahoo will remain vigorous competitors, and that competition will help fuel innovation that is good for users and the economy.”

Yes, concentration of power is always good for the world! I mean, Microsoft’s Windows monopoly turned out so well for the industry for so long!

Wait, that’s not a very political thing to say. (Then again, I completely forgot just how stuffy D.C. was and wore Silicon Valley garb–jeans and a T-shirt–to the hearing.)

In any case, the sideshow to the MicroHoo drama moves to the House side of Capitol Hill this afternoon.

There the Task Force on Competition Policy and Antitrust Laws held the less dramatically named hearing “Competition on the Internet.”

It was the same trio of Yahoo, Microsoft and Google lawyers, of course, and more of the same.

Which is to say–a lot of hot air, little movement, but much more evidence of the next phase of the Internet and the two true poles: The Web World War of Microsoft versus Google.

In any case and speaking of hot air, here’s my video interview with the lawyers from Google, Yahoo and Microsoft, which is also posted here:

[ See post to watch video ]

Miss BoomTown Goes to Washington (Of Course, for MicroHoo Plus Google)

Kara Swisher — Tue, 15 Jul 2008 14:00:06 +0000

Please see this disclosure related to me and Google.

Today, BoomTown boards the Acela Express from New York’s Penn Station to D.C.’s Union Station to attend the Senate hearing on the Yahoo agreement with Google to outsource some of its ad search business.

Titled rather ominously, “The Google-Yahoo Agreement and the Future of Internet Advertising,” the Judiciary Committee’s Subcommittee on Antitrust, Competition Policy and Consumer Rights (eek!) will hear testimony at 10:30 a.m. at the Dirksen Senate Office Building from a passel of Internet reps, including those from Yahoo, Microsoft and Google.

It is chaired by Sen. Herbert Kohl (D., Wis.).

Will there be a lovely video of event? Indeed, there will be!

Added plus: I went to college and even worked on Capitol Hill, all before toiling at the Washington Post (Hey, Marcus!) for a dog’s age, so I know my way around the place.

And, as BoomTown readers might recall, I am not for the deal, mostly because it gives Google even more market power, even though the partnership is limited.

As I wrote:

As someone who has been a longtime critic of Microsoft’s (MSFT) historically thuggish tendencies, BoomTown finds it a little hard to believe that Yahoo and Google think that they can get away with any kind of significant search-ad outsourcing deal that would move the needle at Yahoo … .

And while it might be a long-cherished dream of Google’s to take over Yahoo search–and also get the chance to return to the scene of the crime, since Google got its first big push from doing Yahoo search, before Yahoo (YHOO) wised up too late–there is simply no way this will be allowed by regulators. Nor should it.

Still, you have to almost admire the chutzpah of the search giant in making this move, if the sheer and unadulterated arrogance of it wasn’t so distracting.

Because, while Google (GOOG) has almost none of the obvious menacing aggression that characterized Microsoft when it thoroughly dominated tech (although all those beach bikes on its campus inexplicably creep me out a little bit), the company still cannot be allowed to have a monopolistic share of the market.

It is bad for advertisers, it is bad for consumers, it is bad for innovation, no matter how well-intentioned Google is.”

So, you might imagine, I am looking forward to biting into this tasty piece of political theater!

Here is the list of speakers:

David Drummond
Senior Vice President
Corporate Development and Chief Legal Officer
Google
Mountain View, Calif.

Michael Callahan
General Counsel
Yahoo!
Sunnyvale, Calif.

Brad Smith
Senior Vice President and General Counsel
Microsoft
Redmond, Wash.

Matthew Crowley
Chief Marketing Officer
Yellowpages.com
Glendale, Calif.

Tim Carter
President and CEO
Askthebuilder.com
Cincinnati, Ohio

Please see this disclosure related to me and Google.

Icahn Haz Blog

John Paczkowski — Thu, 19 Jun 2008 18:00:33 +0000

[ See post to watch video ]