Google bashing in Europe: politics or business?
If fully applied, the ruling could effectively shut down deployments of Google Apps by European governments, schools and enterprises, at least until Google makes the changes the EU regulators are seeking.
This raises a number of other questions – for example, is the European Commission’s love affair with the cloud heading for an impasse with its own regulators? Back in September the EC issued a ‘communication’, Unleashing the Potential of Cloud Computing in Europe. It concluded with a call
upon Member States to embrace the potential of cloud computing. Member States should develop public sector cloud use based on common approaches that raise performance and trust, while driving down costs. Active participation in the European Cloud Partnership and deployment of its results will be crucial.
Last week, ENISA published an excellent overview of the Privacy considerations of online behavioural tracking, which I thoroughly recommend. It tries to draw a distinction between behavioural tracking and behavioural advertising; but the reality is that this is probably a technical rather than practical separation. This is likely to become the crux of Europe’s problem: it wants to maximise the cloud, accepts that it must allow commercialisation, but politically needs to ensure privacy – and the two things might simply be incompatible. As Peter Hustinx, the European Data Protection Supervisor said in his Opinion on Friday,
the use of cloud computing services cannot justify a lowering of data protection standards as compared to those applicable to conventional data processing operations.
In other words, as of right now, the EC’s desire to unleash the potential of cloud computing is incompatible with the need to maintain existing data protection standards. But we needn’t worry too much: it will all, as King John might have said, come out in the wash. Big business will give a little, the regulators will give a little, and the EC will twist and squirm a lot – and we’ll all be able to use the cloud happily.
The question is, will it be with Google? That’s the second issue coming from the Article 29 working party: has Europe got it in for Google? In October, Ars Technica commented:
The French seem to have an appetite for regulating the Internet, and for going after Google in particular. A new proposed law would force Google to make payments when French media show up in news searches; but Google has responded, in a letter to French ministers, that it “cannot accept” such a solution and would simply remove French media sites from its searches.
Two weeks later, Le Canard Enchaîné reported that France had made a €1 billion tax claim against Google and was using this as a bargaining chip in the newspaper content dispute. France, of course, with its current socialist government, likes to tax everything that moves – but as one of the key movers and shakers within the EU, you have to wonder if it is merely spearheading a wider European antipathy; and if so, where does this come from?
Well, again back in October, Henrik Alexandersson [a ‘Swedish libertarian, working for the Pirate Party in the European Parliament’] attended a luncheon seminar organized by ICOMP, the Initiative for a Competitive Online Marketplace (funded, it would seem, by Microsoft).
However, already when we received the seminar documents at the entrance – we realized that this really was something else: A Microsoft-funded Google Bashing lunch.
Google Bashing is a very popular sport in the EU, these days.
Alexandersson was so annoyed by the initial talk by “one of Microsoft’s lawyers, Pamela Jones Harbour… speaking about everything that Google does wrong,” that he and his party got up and left. But privacy, he says,
is not what Google Bashing in Brussels is about. Here it is rather a question of a number of Google’s competitors trying to whip up political criticism, for business reasons. They simply don’t like that Google more or less own the search market.
So here’s a thought. Is that anti-Google sentiment in Europe ‘political exploited by business’, or ‘business exploited by politics’? It’s a moot point. Either way, Google should be in no doubt that it has powerful adversaries in Europe.