Timing is everything…
When NBC published their background conversation with Google yesterday the media outlet made a big legal mistake. NBC not only outlined the mechanics of a racketeering and antitrust violation, via Google’s power to control on-line ad revenue as a weapon to target NBC’s competition, but NBC outlined the actual collaborative communication.
NBC did the worst thing possible, they published the quotes from Google’s response to them where Google willingly accepted the request from NBC without pause. The collusion was not only clear, it was self admitted. What made the issue more explosive was the NBC article explained the motives of both organizations; the targeting was intentional and specific. The goal was to take-down The Federalist news outlet by removing their revenue. There was no ambiguity of purpose, and Google knowingly agreed with the intent.

Within hours of realizing the consequences of the publication, the legal offices of NBC and Google both activated and attempted damage control. The NBC article was completely rewritten and the communication between them and Google –as quoted– was removed. For its part Google published a statement saying no action had been taken, and later they professed no action would be taken. However, the damage was already done.
NBC’s hubris put both Google and NBC in the sunlight of their own admissions.
Google’s monopoly control of internet ad revenue made their agreement with NBC to target a competitor a transparent, and admitted, antitrust violation. Without question, that stark admission is what triggered the timing of the DOJ public statement today.
The DOJ needs congress to take action, modify the law, and update the outdated immunity for online platforms under Section 230 of the Communications Decency Act of 1996.
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