[Politech] Cato Institute on Google as (not) a public utility

From: Declan McCullagh (declan@private)
Date: Tue Nov 18 2003 - 06:26:49 PST

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    To: declan@private
    Subject: Cato TechKnowledge: Google as a Public Utility?
    From: "Adam Thierer" <athierer@private>
    Message-Id: <20031114215715.EF72C36E57@private>
    Date: Fri, 14 Nov 2003 13:57:15 -0800 (PST)
    
    
    
    Google as a Public Utility? No Results in This Search for Monopoly
    
    Issue #65
    November 14, 2003
    
    by Adam Thierer and Clyde Wayne Crews Jr.
    
    The Google search engine is one of the Net’s great success stories, with 
    one analyst projecting possible revenues of $800 million and profits of 
    $200 million this year. Just a few short years ago no one had even heard of 
    this company. But today Google represents a classic example of the little 
    guy going up against the Goliaths of the industry—Yahoo!, Lycos, 
    AltaVista—and winning, and now there’s talk of a possible $15-$25 billion 
    IPO. But companies, ideas, and fortunes rise and fall in the blink of the 
    eye in the digital economy. Remember Disney/Infoseek’s “GO” network and the 
    “portal wars”? GO’s portal is now “powered by Google.” Today Google may be 
    king of the hill, yet it’s just as easy to imagine a world without it.
    
    But jealous rivals and would-be reformers aren’t always patient. So a 
    Google backlash was almost inevitable. One scheme gaining some traction 
    would classify Google as a “public utility” and regulate it accordingly. In 
    the high-tech sector and network industries, the “open access” mentality is 
    increasingly prevalent. Competitors want government, via regulatory 
    mandate, to guarantee them access to a rival’s property, whether it's the 
    Windows desktop, AOL’s Instant Messenger service, the telephone loop, the 
    electricity grid, satellite TV, or so on. One coalition even wants to 
    pre-regulate broadband Internet service providers on the theory that they 
    might interfere with access to certain websites.
    
    Google’s rise is occurring against this unfavorable backdrop. When one 
    thinks of a public utility or a “natural monopoly,” local water and sewer 
    systems come to mind—not Internet search tools. But consider this flash of 
    economic wisdom regarding Google from technology consultant Bill Thompson 
    in a recent online BBC News column: “Perhaps the time has come to recognize 
    this dominant search engine for what it is—a public utility that must be 
    regulated in the public interest.” Thompson adds, “A government serious 
    about ensuring that the net benefits society as a whole could start by 
    investigating Google and considering whether we should create Ofsearch, the 
    Office of Search Engines.” Daniel Brandt of Google Watch / Public 
    Information Research, Inc., has similar dire predictions. “It's way too 
    powerful…It’s scary because if Google drops you, you could be out of 
    business in no time.”
    
    It’s difficult to address such proposals with a straight face, but we’ll 
    give it a shot. Proposals to turn Google into a public utility assume that 
    it is a “natural monopoly” or an “essential facility” that acts as a 
    bottleneck to consumer choice and competition. Those amorphous concepts 
    have been used to justify an array of regulatory shenanigans. Regardless, 
    Google doesn’t meet even the textbook definition of a natural monopoly. 
    Switching by consumers is easy, and Google has no government protection 
    from rivals. In fact, as CNN recently reported, “Yahoo has committed nearly 
    $2 billion to its Google counterattack [and] Microsoft is devoting an 
    unspecified portion of its $49 billion war chest to building a better 
    search engine.” Even using Google itself to search for other search 
    engines, one finds hundreds of global options. For example, typing the 
    phrase “search engines” on the Google homepage yields the “Search Engine 
    Colossus,” basically, as the name implies, a search engine of search 
    engines, with listings for almost every country on the planet. Over 100 
    search engines are listed for the United States. For the United Kingdom 
    there are over 50. From Afghanistan to Zimbabwe, the Search Engine Colossus 
    “offers you links to search engines and directories from 195 countries and 
    43 autonomous territories around the world.” So what’s the problem here 
    again? With so many competitors in the market, Google cannot be regarded as 
    having monopolistic market power.
    
    The idea of an essential facility, even a low-barrier one made of software, 
    unfortunately has no patience for the evolutionary nature of a market and 
    information economy. P.H. Longstaff, author of The Communications Toolkit, 
    has commented that, “Discussions of essential facilities often ignore the 
    existence of alternative channels in which the traffic in question could 
    flow.” To micromanage technology policy under the assumption that no other 
    channels will emerge would be terribly short sighted, with unintended 
    consequences galore.
    
    In fact, treating Google as a public utility may have the perverse effect 
    of locking in Google’s own current generation of search engine technology. 
    That would be a huge mistake. Business 2.0 notes that search technology is 
    “still in its infancy as a computer science problem,” given that half or 
    more search queries are unsatisfactorily answered by any search engine. The 
    magazine quoted one executive who argues that “No one is successfully doing 
    [search] today.” The Wall Street Journal notes, “Some search industry gurus 
    even preach heresy: that Google isn’t the field’s technology leader 
    anymore.” Google’s PageRank system, which ranks sites on the basis of 
    websites that link to it, is merely one imperfect approach, and may be 
    superceded by others like Teoma, or perhaps even the open source project 
    called Nutch.
    
    Clearly those who blithely advocate public utility–style regulation of 
    Google see only benefits and no costs. The purported benefits of public 
    utility regulation is that it brings down the cost of what many consider an 
    essential good and helps ensure that deployment to most members of a given 
    community. But public utility regulation typically results in mediocre 
    service quality and limited innovation. Do we really want Google to become 
    just another lazy public utility providing basic, plain vanilla service? We 
    should aspire for more in the Internet world, especially with relatively 
    low barriers to entry in the search engine market. Public utility 
    regulation rarely delivers the goods faster than markets, and in this case, 
    the universal service rationale behind regulation has been satisfied by a 
    vigorously competitive marketplace. If Google abuses its market position, 
    web surfers will quickly flee. But it’s hard to make a case for abuse when 
    the service in question is free to the public and millions have voluntarily 
    flocked to it over its many rivals.
    
    Of course, if the public utility crusade dies the death it deserves, other 
    regulatory agendas await. The Google Watch web page catalogs grievances 
    against the search engine and calls for government regulation on the 
    grounds that it is “a privacy disaster waiting to happen.” Others warn that 
    Google's “cache” raises intellectual property concerns. So stay tuned.
    
    Adam Thierer (athierer@private) is Director of Telecommunications Studies 
    and and Wayne Crews (wcrews@private) is the Director of Technology Policy 
    at the Cato Institute in Washington, D.C. (www.cato.org/tech) They are the 
    authors of What's Yours Is Mine: Open Access and the Rise of Infrastructure 
    Socialism. To subscribe, or see a list of all previous TechKnowledge 
    articles, visit http://www.cato.org/tech/tk-index.html.
    [][]
    
    
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