1. The GOP has been aggressive about big tech, at least rhetorically. Clarence Thomas, for instance, called Google a monopoly twice last week. But there's also resistance, with some Republican using heated rhetoric in public but opposing action. mattstoller.substack.com/p/why-is-clare…
2. Tomorrow is when we get to see who is serious. There will be a symbolic vote on the most important work on big tech that has happened in our political system, a vote on whether the Judiciary Committee will adopt its investigative report on big tech. judiciary.house.gov/calendar/event…
3. The report is the result of a 16-month investigation of Google, Apple, Amazon, and Facebook, more than 1.3 million docs reviewed, hundreds of interviews, and 7 hearings. It was done in a bipartisan way. It was groundbreaking.

But there's a problem. mattstoller.substack.com/p/congress-get…
4. Originally, Republicans @CollinsforGA and @RepKenBuck and Democrats @RepJerryNadler and @davidcicilline teamed up to do the investigation. But Collins left and @Jim_Jordan took over his slot.

And Jordan didn't want the investigation to happen.
5. @Jim_Jordan was disruptive in general to the important investigation of big tech, to the point he irritated Tucker Carlson. It's because Jordan is largely political, and opposed changes to antitrust law.

But he's since come around, sort of.
6. Since late last year, Jordan has decided he wants to break up Google. I gave @Jim_Jordan a hard time last year because I didn't think he was serious, but at the hearing last month he was one of the few members to raise break-ups.
7. The number one obstacle to taking on big tech and corporate power is distrust between the parties. It's not the only obstacle, by any means, but it is significant. And the big tech report is out there as a Democrat-led initiative with significant GOP support.
8. The report has 400+ pages of findings drawn from businesspeople afraid of retaliation, deep market analyses, and oversight of enforcement failures by both parties. It is *astonishingly great work,* a roadmap to taking apart big tech power. judiciary.house.gov/news/documents…
9. The report recommends break-ups, nondiscrimination rules, changes to monopolization law, private rights of action, merger law, and common carriage regulation. Some Republicans agreed with the findings, but put forward different recommendations. Great! buck.house.gov/media-center/p…
10. The rumor is @Jim_Jordan is going to oppose the report entirely, and try to get the GOP in the House Judiciary to oppose adopting it. Jordan doesn't do bipartisanship, and some of his staff is friendly to Google. To be clear, this is purely a symbolic vote. But it matters.
11. There's an opportunity here, a rare one, for @Jim_Jordan. His committee, in a bipartisan way, has put forward a big serious plan to take on big tech. For political reasons, last year he didn't like it. But things can change.
12. Since Jordan's hesitancy last year, Donald Trump filed an antitrust case against Google, and one against Facebook. Texas AG Ken Paxton has one against Google. Arizona Republicans took on Apple. Clarence Thomas came out for common carriage! mattstoller.substack.com/p/why-is-clare…
13. So this moment is an opportunity for @Jim_Jordan to actually do something meaningful about big tech power. He is interested in the problem, if for no other reason than purely for political reasons. It's why he asked @FTCPhillips about it. mattstoller.substack.com/p/noah-phillip…
14. So it's up to @Jim_Jordan. Take on big tech in a meaningful way and support the report, with his own dissenting views. Or do his best tomorrow to blow up the best shot at taking on big tech in years by showing lobbyists that nothing's going to move through his committee.

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More from @matthewstoller

15 Apr
Ok the House Judiciary committee is marking up the antitrust big tech report.
Now @RepAndyBiggsAZ tries to attach an amendment on reforming Section 230 to the big tech report because of attacks on conservatives.

Ugh. Section 230 is handled in a *different committee.*

This committee handles *breaking up big tech.*
There is clearly anti-conservative bias, but it is complex. They kicked Donald Trump off of Twitter, Facebook, etc, and stripped Parler of cloud services. Breaking up big tech will help that. There is no reason for either side to fight over this.
Read 9 tweets
8 Apr
1. @Diddy is making a populist argument. He's not just asking for black representation but black *ownership.* And ownership matters. It's a different and more fundamental claim than how progressives tend to think about social justice.
2. @Diddy is also taking a swipe at Comcast when he says "It’s disrespectful that distributors refuse to carry Black-owned media brands in an era where our impact and influence is undeniable." revolt.tv/news/2021/4/8/…
3. I wrote up a piece on black ownership in the cable business, the first major media business emerging after the Civil Rights movement. @Diddy is an important part of the story, as is Comcast's monopolization. prospect.org/power/remote-c…
Read 5 tweets
7 Apr
1. Joe Biden has made a stark break from the recent Democratic past, He has decided that we need a government. But he hasn't decided *who* should run it.

I wrote up the essential choice.

He can do the New Deal. Or he can defer to McKinsey.
mattstoller.substack.com/p/keep-mckinse…
2. Biden just put forward a $2T infrastructure bill. It will expand broadband, repair bridges using “cleaner cement,” upgrade ports, subsidize semiconductor factories, etc, all with inputs “made in America and shipped on U.S.-flagged, U.S.-crewed vessels.” whitehouse.gov/briefing-room/…
3. Biden wants to be FDR, not Obama. One important question is whether it’s actually possible to spend that amount of money on so many things without immense amounts of corruption or waste. The public sector is battered and weak.
Read 21 tweets
6 Apr
I've read the case and the dissent, and went through Borland and the statutory meaning of fair use. I still can't see any legit reason for ruling Google is allowed to copy Oracle's code to create an app store monopoly and fortify its search monopoly. It's a crazy ruling.
Congress said one key element of whether something is fair use is "the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes."

The purpose and character of Android was lock-in and monopolization!
I'm not super confident about my understanding of this area of law, but a lot of the boosters of this decision strike me as very consumer welfare oriented. They want their free stuff and Google gives it to them, or so they imagine.
Read 5 tweets
2 Apr
Wow. Something is happening on the right.
The coalition of social conservatives and big business is still solid, but it has bigger cracks than I've seen in my lifetime. I'm merely an observer of these debates on the right.
Read 4 tweets
2 Apr
I didn't know this about Jonathan Sallet. He actively kept states off the Trump antitrust case against Google until after the election. That's concerning, because antitrust action against big tech should be bipartisan. Image
The whole article is frustrating. Jonathan Kanter is the obvious choice. Sallet's work on the Colorado case reflected both unnecessary partisanship on an issue where there is widespread agreement, and unwise deference to the antitrust establishment. politico.com/news/2021/04/0…
I'm infuriating that 'ethics' has come to mean corporate lawyers in the Biden White House launching hit pieces in Politico against anti-monopolists.
Read 6 tweets

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