Jurisdiction

Google seeks delay on Play Store competition ruling

Google is pushing back against a federal judge’s recent order that would force it to allow more competition in its Play Store. In a court filing, the tech giant requested that US District Judge James Donato’s injunction, set to take effect on 1 November, be paused. Google argues that the ruling could introduce significant security, privacy, and safety risks to the Android ecosystem and is seeking time to pursue an appeal.

The injunction stems from a lawsuit initiated by Epic Games, the creator of ‘Fortnite,’ which argued that Google monopolised app distribution and in-app payment processes on Android devices. A jury sided with Epic, and the judge’s order now requires Google to allow users to download apps from third-party platforms and use alternative payment methods for in-app purchases.

In addition, the ruling prevents Google from paying manufacturers to preinstall its Play Store on devices and from sharing revenue generated through the Play Store with other distributors. These measures aim to reduce Google’s control over the app marketplace, opening up more space for competitors.

If Judge Donato denies Google’s request to delay the order, the company can take its case to the 9th US Circuit Court of Appeals, based in San Francisco. Google has already filed its notice of appeal and is preparing to challenge the injunction and the antitrust verdict that underpins it.

As the appeal process unfolds, the court will ultimately decide whether Google must comply with the ruling or if the tech giant can maintain its current app store policies while reviewing the case.

The legal battle has significant implications for app distribution on Android devices.

Temu faces deadline from EU over illegal product sales

The European Commission has set a deadline of October 21 for the Chinese online marketplace Temu to respond to inquiries regarding its compliance with the Digital Services Act (DSA). The Commission is seeking detailed information about Temu’s efforts to combat the sale of illegal products on its platform and the measures it has implemented to ensure consumer protection, public health, and user wellbeing.

Temu, founded in 2022 by PDD Holdings, was classified as a Very Large Online Platform due to its user base exceeding 45 million monthly average users in the EU. It was previously required to meet DSA standards by the end of September, including addressing systemic risks and preventing the sale of counterfeit goods. This latest inquiry marks the second time the Commission has sought clarification from Temu, following questions in June about its compliance with the “Notice and Action mechanism” for reporting illegal products.

The European Consumer Organisation (BEUC) has also raised concerns about Temu’s practices, filing complaints against the platform for failing to protect consumers and employing manipulative tactics. These complaints, supported by representatives from 17 EU member states, allege that Temu does not provide essential seller information, hindering consumers’ ability to verify product safety compliance. The DSA has been in effect since February, and the EU has initiated several investigations into other major platforms for similar compliance issues.

Crypto.com files lawsuit against SEC for exceeding authority

Crypto.com has filed a lawsuit against the US Securities and Exchange Commission (SEC), accusing the agency of overreaching its legal authority by classifying most crypto transactions as securities. The lawsuit follows a Wells Notice issued by the SEC in August, signalling potential enforcement action. Crypto.com argues that the SEC’s inconsistent regulatory approach, exempting Bitcoin and Ether, undermines the crypto sector’s future in the US.

In its legal filing, Crypto.com claims the SEC bypassed essential procedural steps, including the notice and comment rulemaking process. The exchange aims to halt what it views as the agency’s ‘unlawful’ crackdown on cryptocurrency. Alongside the lawsuit, Crypto.com has petitioned the SEC and Commodity Futures Trading Commission (CFTC) for clearer regulation of cryptocurrency derivatives.

Several crypto firms, including blockchain technology company Consensys, have also sued the SEC this year after receiving Wells Notices.

Google faces potential breakup as DOJ targets search monopoly

The US Department of Justice has proposed remedies to dismantle Google‘s dominance in the search market, which analysts warn could undermine the company’s primary profit source and hinder its advancements in AI. The DOJ may seek to compel Google to divest parts of its business, including the Chrome browser and Android operating system, while also considering measures such as barring the collection of sensitive user data, requiring transparency in search results, and allowing websites to opt out of their content being used for AI training.

The proposed changes have already affected Alphabet’s stock, which fell by 1.5% after the announcement. Analysts indicate that if these remedies are put into action, they could diminish Google’s revenue while providing more opportunities for competitors like DuckDuckGo and Microsoft Bing, as well as AI companies such as Meta and Amazon. With Google’s share of the US search ad market expected to fall below 50% for the first time in over a decade by 2025, these remedies are viewed as essential for creating a more competitive landscape.

Despite the ambitious nature of the DOJ’s proposals, some experts are sceptical about their feasibility. Adam Kovacevich from the Chamber of Progress argues that these remedies could encounter legal challenges and may not withstand the appeals process. While investors appear doubtful that a forced breakup of Google will take place, the situation highlights the increasing scrutiny and pressure on the tech giant within a rapidly changing competitive landscape.

X exempt from gatekeeper obligations in EU’s Digital Markets Act

Elon Musk’s platform, X (formerly known as Twitter), will not be classified as a ‘gatekeeper’ under the EU’s Digital Markets Act (DMA), a landmark set of tech regulations that impose strict obligations on major digital players. According to sources familiar with the situation, the European Commission, which has been investigating X since May, is expected to confirm this decision in the coming week.

The DMA prevents dominant tech companies from abusing their market power, particularly in messaging apps and pre-installed software. Platforms designated as gatekeepers must comply with rules to promote competition, such as ensuring their messaging systems are interoperable with rival apps and allowing users to choose which apps to install by default on their devices.

Despite meeting the user-base threshold for a gatekeeper, X argued that it does not meet the additional criteria of being a key intermediary between businesses and consumers. This claim led the Commission to launch its investigation to clarify whether the platform should face the extra obligations imposed by the DMA.

While several major companies, including Alphabet, Amazon, Apple, Meta, Microsoft, TikTok’s parent company ByteDance, and Booking.com, have already been named as gatekeepers under the act, X has successfully avoided this designation, at least for now. If violations are found, this decision could spare X from stringent requirements and potential penalties, amounting to up to 10% of a company’s global revenue.

As the Commission’s ruling draws near, it highlights the ongoing scrutiny faced by tech giants under EU regulations to curb their influence over the digital economy. For Musk’s X, this is a significant reprieve amid growing regulatory pressure on Big Tech worldwide.

X returns to Brazil as court clears path for resumption

Social media giant X, formerly known as Twitter, became accessible to some Brazilian users on Wednesday, just one day after the country’s Supreme Court cleared the platform to resume operations by complying with court rulings. Brazil’s telecommunications regulator, Anatel, announced that it had begun instructing internet providers to restore access to X. Many users celebrated the return of the platform, with topics like ‘we’re back’ trending across Latin America’s largest country.

Despite the reopening, some Brazilians still encountered difficulties accessing X, as Anatel indicated that the restoration time would depend on the procedures of individual internet providers. Supreme Court Justice Alexandre de Moraes, who had been engaged in a lengthy dispute with billionaire Elon Musk, granted approval for X’s return on Tuesday afternoon. He instructed Anatel to ensure the platform was operational within 24 hours, affirming that X had fulfilled all necessary requirements to resume its services.

X had been suspended in Brazil since late August due to its failure to comply with court orders related to hate speech moderation and the absence of a designated legal representative in the country, as mandated by law. As the platform’s sixth-largest market worldwide, Brazil accounted for approximately 21.5 million users as of April, making the resumption of service a crucial step for X’s growth and presence in the region.

Ex-lawyer admits role in crypto Ponzi scheme

David Kagel, an 86-year-old former California attorney, has been sentenced to five years probation and ordered to pay nearly $14 million after admitting to his role in a crypto Ponzi scheme. Kagel, who is currently in hospice care, pleaded guilty to conspiracy to commit commodity fraud, according to a ruling by Las Vegas Federal Court Judge Gloria Navarro.

Prosecutors revealed that Kagel, along with two accomplices, ran the fraudulent scheme from December 2017 to June 2022, luring investors with promises of high returns through a crypto bot trading programme. Victims were convinced their investments were secure, with claims of guaranteed profits and no risk. Kagel even drafted letters on his law firm’s official letterhead to build trust among investors, falsely claiming to hold significant amounts of Bitcoin in escrow.

Kagel’s law license had been revoked by the California Supreme Court in 2023 after misappropriating client funds, with previous suspensions in 1997 and 2012. His co-conspirators, David Saffron and Vincent Mazzotta, have pleaded not guilty and await trial next year.

South Korea tightens stablecoin regulations

South Korea is preparing to impose foreign exchange rules on cross-border transactions involving stablecoins, especially those tied to the dollar. The Ministry of Economy and Finance revealed plans to ensure the security of stablecoin transactions, focusing on cross-border uses. The Financial Services Commission will address these regulations in the upcoming phase of the country’s Virtual Asset User Protection Act.

The regulatory framework will initially focus on stablecoins tied to South Korea’s won before expanding to include foreign currency-backed tokens. It mirrors recent regulatory moves in Japan and the EU. With a strong emphasis on user protection, South Korea’s new laws will enforce stricter security standards for virtual asset service providers, including insurance mandates and penalties for non-compliance.

FTC pushes Marriott to improve cybersecurity after data breaches

Marriott International will implement an information security program following a settlement with the US Federal Trade Commission (FTC) over data breaches that impacted more than 344 million customers between 2014 and 2020. The settlement requires Marriott and its subsidiary, Starwood Hotels & Resorts Worldwide, to address the vulnerabilities that led to multiple breaches over several years.

The hotel chain also agreed to provide US customers with a way to request deletion of their personal data linked to their email address or loyalty rewards account. In addition, Marriott will review loyalty rewards accounts upon request and restore stolen points. A separate settlement sees Marriott paying $52 million to resolve similar data security claims across 49 states and the District of Columbia.

Marriott has stated that protecting guests’ personal data remains a top priority and that the company continues to invest heavily in improving its cybersecurity measures. However, Marriott did not admit liability for the breaches in either the FTC settlement or the agreements with state Attorneys General.

In 2020, the company faced a class action lawsuit in London brought by millions of former guests seeking compensation after their personal information was compromised during the breaches, considered one of the largest in history.

Russia blocks Discord over content violations

Russia‘s communications regulator, Roskomnadzor, has blocked the messaging platform Discord for alleged violations of Russian law, according to the TASS news agency. The San Francisco-based company becomes the latest foreign tech platform to face restrictions in Russia. Discord has yet to respond to the decision.

For years, Russia has pressured foreign tech companies to remove content it deems illegal, imposing frequent, though generally small, fines for non-compliance. Last week, Roskomnadzor ordered Discord to delete nearly 1,000 pieces of content it classified as illegal and had previously fined the platform for failing to remove banned material.

Moscow has also blocked other major platforms, including Twitter (now X), Facebook, and Instagram, shortly after the invasion of Ukraine in February 2022.