The Darker Side of Blinkx

Video and advertising conglomerate Blinkx tells investors its “strong performance” results from “strategic initiatives” and “expanding demand, content, and audiences.” Indeed, Blinkx recently climbed past a $1.2 billion valuation. At first glance, it sounds like a great business. But looking more carefully, I see reason for grave doubts.

My concerns result in large part from the longstanding practices of two of Blinkx’s key acquisitions, Zango and AdOn. But concerns extend even to Blinkx’s namesake video site. In the following sections, I address each in turn. Specifically, I show ex-Zango adware still sneaking onto users’ computers and still defrauding advertisers. I show the ex-AdOn traffic broker still sending invisible, popup, and other tainted traffic. I show Blinkx’ namesake site, Blinkx.com, leading users through a maze of low-content pages, while charging advertisers for video ads systematically not visible to users.

The Legacy Zango (Adware) Business

In April 2009, Blinkx acquired a portion of Zango, a notorious adware vendor known for products that at various times included 180 Search Assistant, ePipo, Hotbar, Media Gateway, MossySky, n-Case, Pinball, Seekmo, SpamBlockerUtility, and more. Zango was best known for its deceptive and even nonconsensual installations — in write-ups from 2004 to 2008, I showed Zango installing through security exploits (even after design updates purportedly preventing such installations by supposed rogue partners), targeting kids and using misleading statements, euphemisms, and material omissions, installing via deceptive ActiveX popups, These and other practices attracted FTC attention, and in a November 2006 settlement, Zango promised to cease deceptive installations as well as provide corrective disclosures and pay a $3 million penalty.

Few users would affirmatively request adware that shows extra pop-ups, so Blinkx and its distributors use deceptive tactics to sneak adware onto users’ computers. In a representative example, I ran a Google search for “Chrome” (Google’s well-known web browser), clicked an ad, and ended up at Youdownloaders.com — a site that bundles Chrome with third-party advertising software. (The Youdownloaders footer states “The installers are compliant with the original software manufacturer’s policies and terms & conditions” though it seems this claim is untrue: Chrome Terms of Service section 5.3 disallows copying and redistributing Chrome; 8.6 disallows use of Google’s trademarks in a way that is likely to cause confusion; 9.3 disallows transfer of rights in Chrome.) In my testing, the Youdownloaders installer presented offers for five different adware programs and other third-party applications, among them Weather Alerts from desktopweatheralerts.com. Installation video.

I consider the Youdownloaders installation deceptive for at least four reasons: 1) A user’s request for free Chrome software is not a proper circumstance to tout adware. The user gets absolutely nothing in exchange for supposed “agreement” to receive the adware; Chrome is easily and widely available for free, without adware. It is particularly one-sided to install five separate adware apps — taking advantage of users who do not understand what they are asked to accept (including kids, non-native speakers, and those in a hurry). 2) On the Weather Alerts page of the installation, on-screen statements mention nothing of pop-up ads or, indeed, any advertising at all. In contrast, the FTC’s settlement with Zango requires that disclosure of advertising practices be “clear and prominent,” “unavoidable,” and separate from any license agreement — requirements not satisfied here. 3) The Youdownloaders user interface leads users to think that the bundled installations are compulsory. For example, the “decline” button (which lets a user reject each adware app) appears without the distinctive shape, outline, color, or font of an ordinary Windows button. 4) Users are asked to accept an objectively unreasonable volume of agreements and contracts, which in my testing include at least 14 different documents totaling 37,564 words (8.5 times the length of the US Constitution).

Tellingly, Blinkx takes considerable steps to distance itself from these deceptive practices. For example, nothing on Blinkx’s site indicates that Weather Alerts is a Blinkx app or shows Blinkx ads. The Desktopweatheralerts.com site offers no name or address, even on its Contact Us form. Weather Alerts comes from a company called Local Weather LLC, an alter ego of Weather Notifications LLC, both of Minneapolis MN, with no stated affiliation with Blinkx. Weather Notifications’ listed address is a one-bedroom one-bathroom apartment — hardly a standard corporate office. Nonetheless, multiple factors indicate to me that Desktop Weather Alerts is delivers a version of Zango adware. For one, Desktop Weather Alerts popups use the distinctive format long associated with Zango, including the distinctive browser buttons at top-left, as well as distinctive format of the advertisement label at bottom-left. Similarly, many sections of the license agreement and privacy policy are copied verbatim from longstanding Zango terms. Within the Weather Alerts EXE, strings reference 180search Assistant (a prior Zango product name) as well as 180client and various control systems long associated with Zango’s ad-targeting system. Similarly, when Weather Alerts delivers ads, its ad-delivery communications use a distinctive proprietary HTTP syntax both for request (to showme.aspx, with a HTTP POST parameter of epostdata= providing encoded ad context) and response (a series of HTML FORM elements, most importantly an INPUT NAME=ad_url to indicate the popup to open). I have seen this syntax (and its predecessors) in Zango apps for roughly a decade, but I have never seen this syntax used by any advertising delivered by other adware vendors or other companies. Moreover, when a Blinkx contractor previously contacted a security vendor to request whitelist treatment of its adware, the Blinkx representative said “The client is Blinkx … Your engine … was flagging their installer package SWA as SevereWeatherAlerts…” (emphasis added). Notice the Blinkx representative indicating that SWA (another Local Weather program, virtually identical save for domain name and product name) is “their” app, necessarily referring to Blinkx. Finally, in a February 2014 presentation, Blinkx CEO Brian Mukherjee included the distinctive Local Weather icon (present throughout the LW app and in LW’s installation solicitations) as part of the “Blinkx Ecosystem” — further confirming the link between LW and Blinkx. Taken together, these factors give good reason to conclude that Local Weather is applications are powered by Blinkx and part of the Blinkx network. Furthermore, in my testing Blinkx is the sole source of advertising for Weather Alerts — meaning that Blinkx’s payments are Weather Alerts’ primary source of revenue and primary reason for existence. (Additions made February 13, 2014, shown in grey highlighting.)

Blinkx/Zango software continues to defraud affiliate merchants. Blinkx/Zango software continues to defraud affiliate merchants.

Meanwhile, Zango-delivered advertising remains a major cause of concern. Zango’s core advertising product remains the browser popup — a disruptive form of advertising unpopular with most users and also unpopular with most mainstream advertisers. Notably, Zango’s popups perpetrate various advertising fraud, most notably ‘lead stealing” affiliate windows that cover merchant sites with their own affiliate links. If the user purchases through either window, the Zango advertiser gets paid a commission — despite doing nothing to genuinely cause or encourage the user’s purchase. (Indeed, the popup interrupts the user and thereby somewhat discourages a purchase.) At right, I show a current example: In testing of January 19, 2014, Blinkx/Zango sees a user browsing Walmart, then opens a popup to Blinkx/LeadImpact (server lipixeltrack) which redirects to LinkShare affiliate ORsWWZomRM8 and on to Walmart. Packet log proof. Thus, Walmart ends up having to pay an affiliate commission on traffic it already had — a breach of Walmart’s affiliate rules and broadly the same as the practice for which two eBay affiliates last year pled guilty. I’ve reported Zango software used for this same scheme since June 2004. As shown at right and in other recent examples, Zango remains distinctively useful to rogue affiliates perpetrating these schemes. These rogue affiliates pay Blinkx to show the popups that set the scheme in motion — and I see no sign that Blinkx has done anything to block this practice.

Rather than put a stop to these practices, Blinkx largely attempts to distance itself from Zango’s legacy business. For one, Blinkx is less than forthright as to what exactly it purchased. In Blinkx’s 2010 financial report, the first formal investor statement to discuss the acquisition, Blinkx never uses the word “Zango” or otherwise indicates the specific company or assets that Blinkx acquired. Rather, Blinkx describes the purchase as “certain net assets from a consortium of financial institutions to facilitate the growth of the video search and advertising businesses.” If a reader didn’t already know what Blinkx had bought, this vague statement would do nothing to assist.

Even when Blinkx discusses the Zango acquisition, it is less than forthcoming. UK news publication The Register quotes an unnamed Blinkx spokeswoman saying that Blinkx “purchased some technical assets from the bank [that foreclosed on Zango] including some IP and hardware, which constituted about 10 per cent of Zango’s total assets.” Here too, readers are left to wonder what assets are actually at issue. A natural interpretation of the quote is that Blinkx purchased trademarks, domain names, or patents plus general-purpose servers — all consistent with shutting the controversial Zango business. But in fact my testing reveals the opposite: Blinkx continues to run key aspects of Zango’s business: legacy Zango installations continue to function as usual and continue to show ads, and Blinkx continues to solicit new installations via the same methods, programs, and partners that Zango previously used. Furthermore, key Zango staff joined Blinkx, facilitating the continuation of the Zango business. Consider Val Sanford, previously a Vice President at Zango; her LinkedIn profile confirms that she stayed with Blinkx for three years after the acquisition. I struggle to reconcile these observations with the claim that Blinkx only purchased 10% of Zango or that the purchase was limited to “IP and hardware.” Furthermore, ex-Zango CTO Ken Smith contemporaneously disputed the 10% claim, insisting that “Blinkx acquired fully 100% of Zango’s assets.”

Blinkx has been equally circumspect as to the size of the ex-Zango business. In Blinkx’ 2010 financial report, Blinkx nowhere tells investors the revenue or profit resulting from Zango’s business. Rather, Blinkx insists “It is not practical to determine the financial effect of the purchased net assets…. The Group’s core products and those purchased have been integrated and the operations merged such that it is not practical to determine the portion of the result that specifically relates to these assets.” I find this statement puzzling. The ex-Zango business is logically freestanding — for example, separate relationships with the partners who install the adware on users’ computers. I see no proper reason why the results of the ex-Zango business could not be reported separately. Investors might reasonably want to know how much of Blinkx’s business comes from the controversial ex-Zango activities.

Indeed, Blinkx’s investor statements make no mention whatsoever of Zango, adware, pop-ups, or browser plug-ins of any kind in any annual reports, presentations, or other public disclosures. (I downloaded all such documents from Blinkx’ Financial Results page and ran full-text search, finding no matches.) As best I can tell, Blinkx also failed to mention these endeavors in conference calls or other official public communications. In a December 2013 conference call, Jefferies analyst David Reynolds asked Blinkx about its top sources of traffic/supply, and management refused to answer — in sharp contrast to other firms that disclose their largest and most significant relationships.

In March-April 2012, many ex-Zango staff left Blinkx en masse. Many ended up at Verti Technology Group, a company specializing in adware distribution. Myriad factors indicate that Blinkx controls Verti: 1) According to LinkedIn, Verti has eight current employees of which five are former employees of Zango, Pinball, and/or Blinkx. Other recent Verti employees include Val Sanford, who moved from Zango to Blinkx to Verti. 2) Blinkx’s Twitter account: Blinkx follows just nineteen users including Blinkx’s founder, various of its acquisitions (including Prime Visibility / AdOn and Rhythm New Media), and several of their staff. Blinkx follows Verti’s primary account as well as the personal account of a Verti manager. 3) Washington Secretaty of State filings indicate that Verti’s president is Colm Doyle (then Directory of Technology at Blinkx, though he subsequently returned to HP Autonomy) and secretary, treasurer, and chairman is Erin Laye (Director of Project Management at Blinkx). Doyle and Laye’s links to Blinkx were suppressed somewhat in that both, at formation, specified their home addresses instead of their Blinkx office. 4) Whois links several Verti domains to Blinkx nameservers. (Details on file.) Taken together, these facts suggest that Blinkx attempted to move a controversial business line to a subsidiary which the public is less likely to recognize as part of Blinkx.

The Legacy AdOn Business

In November 2011, Blinkx acquired Prime Visibility Media Group, best known for the business previously known as AdOn Network and MyGeek. I have critiqued AdOn’s traffic repeatedly: AdOn first caught my eye when it boasted of relationships with 180solutions/Zango and Direct Revenue. New York Attorney General litigation documents later revealed that AdOn distributed more than 130,000 copies of notorious Direct Revenue spyware. I later repeatedly reported AdOn facilitating affiliate fraud, inflating sites’ traffic stats, showing unrequested sexually-explicit images, and intermediating traffic that led to Google click fraud.

Similar problems continue. For example, in a February 2013 report for a client, I found a botnet sending click fraud traffic through AdOn’s ad-feeds.com server en route to advertisers. In an August 2013 report for a different client, I found invisible IFRAMEs sending traffic to AdOn’s bing-usa.com and xmladfeed.com servers, again en route to advertisers. Note also the deceptive use of Microsoft’s Bing trademark — falsely suggesting that this tainted traffic is in some way authorized by or affiliated with Bing, when in fact the traffic comes from AdOn’s partners. Moreover, the traffic was entirely random and untargeted — keywords suggested literally at random, entirely unrelated to any aspect of user interests. In other instances, I found AdOn receiving traffic directly from Zango adware. All told, I reported 20+ distinct sequences of tainted AdOn traffic to clients during 2013. AdOn’s low-quality traffic is ongoing: Advertisers buying from AdOn receive invisible traffic, adware/malware-originating traffic, and other tainted traffic that sophisticated advertisers do not want.

An AdOn staff member touts multiple incriminating characteristics of AdOn traffic. An AdOn staff member touts multiple incriminating characteristics of AdOn traffic.

Industry sources confirm my concern. For example, a June 2013 Ad Week article quotes one publisher calling AdOn “just about the worst” at providing low-quality traffic, while another flags “crazy traffic patterns.” In subsequent finger-pointing as to tainted traffic to OneScreen sites, OneScreen blamed a partner, Touchstorm, for working with AdOn — wasting no words to explain why buying from AdOn is undesirable. Even intentional AdOn customers report disappointing quality: In comments on a posting by Gauher Chaudhry, AdOn advertisers call AdOn “the reason I stopped doing any PPV [pay-per-view] … this is bot traffic”, “junk”, and “really smell[s] like fake traffic.” Of 31 comments in this thread, not one praised AdOn traffic quality.

Recent statements from AdOn employees confirm undesirable characteristics of AdOn traffic. Matthew Papke’s LinkedIn page lists him as Director of Contextual Ads at AdOn. But his page previously described AdOn’s offering as “pop traffic” — admitting undesirable non-user-requested pop-up inventory. His page called the traffic “install based” — indicating that the traffic comes not from genuine web pages, but from adware installed on users’ computers. See screenshot at right. All of these statements have been removed from the current version of Matthew’s page.

Problems at Blinkx.com: Low-Quality Traffic, Low-Quality Content, and Invisible Ads

Alexa reports a sharp jump in Blinkx traffic in late 2013. Alexa reports a sharp jump in Blinkx traffic in late 2013.

Alexa reports a sharp jump in Blinkx traffic in late 2013. Zango adware caused my computer to display this page from the Blinkx site, full-screen and without standard window controls.

Blinkx’s namesake service is the video site Blinkx.com. Historically, this site has been a bit of an also-ran — it’s certainly no YouTube! But Alexa reports a striking jump in Blinkx popularity as of late 2013: Blinkx’s traffic jumped from rank of roughly 15,000 worldwide to, at peak, rank of approximately 3,000. What could explain such a sudden jump?

In my automated and manual testing of Zango adware, I’ve recently begun to see Zango forcing users to visit the Blinkx site. The screenshot at right gives an example. My test computer displayed Blinkx full-screen, without title bar, address bar, or standard window buttons to close or minimize. See also a partial packet log, wherein the Blinkx site attributes this traffic to Mossysky (“domain=mossysky”), one of the Zango brand names. It’s a strikingly intrusive display — no wonder users are complaining, about their computers being unusable due to Blinkx’s unwanted intrusion. See e.g. a December 2013 Mozilla forum post reporting “my computer has been taken over by malware, half the links are inaccessible because of hovering links to Blinkx,” and a critique and screenshot showing an example of these hovering links. On a Microsoft support forum, one user reports Internet Explorer automatically “opening … numerous BLINKX websites” — as many as “20 websites open at one time, all Blinkx related.”

Moreover, Alexa’s analysis of Blinkx visitor origins confirms the anomalies in this traffic. Of the top ten sites sending traffic to Blinkx, according to Alexa, six are Blinkx servers, largely used to forward and redirect traffic (networksad.com, advertisermarkets.com, networksads.com, advertiserdigital.com, blinkxcore.com, and networksmarkets.com). See Alexa’s Site Info for Blinkx.com at heading “Where do Blinkx.com’s visitors come from?”

Strikingly, Zango began sending traffic to Blinkx during the winter 2013 holiday season — a time of year when ad prices are unusually high. Zango’s popups of Blinkx seem to have ended as suddenly as they began — consistent with Blinkx wanting extra traffic and ad revenue when ad prices are high, but concluding that continuing this practice at length risks excessive scrutiny from both consumers and advertisers.

Meanwhile, examining Blinkx.com, I’m struck by the lack of useful content. I used the Google search site:blinkx.com to find the parts of the Blinkx site that, according to Google, are most popular. I was directed to tv.blinkx.com, where the page title says users can “Watch full episodes of TV shows online.” I clicked “60 Minutes” and received a page correctly profiling the excellence of that show (“the granddaddy of news magazines”). But when I clicked to watch one of the listed episodes, I found nothing of the kind: Requesting “The Death and Life of Asheboro, Stealing History, The Face of the Franchise,” I was told to “click here to watch on cbs.com” — but the link actually took me to a 1:33 minute home video of a dog lying on the floor, “Husky Says No to Kennel”, syndicated from YouTube, entirely unrelated to the top-quality 60 Minutes content I had requested. (Screen-capture video.) It was a poor experience — not the kind of content likely to cause users to favor Blinkx’s service. I tried several other shows supposedly available — The Colbert Report, The Daily Show with Jon Stewart, Family Guy, and more — and never received any of the listed content.

In parallel, the Blinkx site simultaneously perpetrated a remarkable scheme against advertisers: On the video index page for each TV show, video advertising was triggered to play as I exited each page by clicking to view the supposed video content. Because the supposed content opened in a new tab, the prior tab remained active and could still host a video player with advertising. Of course the prior tab was necessarily out of visibility: Blinkx’s code had just commanded the opening of a new tab showing the new destination. But the video still played, and video advertisers were still billed. Screen-capture video.

Industry sources confirm concerns about Blinkx ad visibility. For example, a December 15, 2013 Ad Week piece reported Vindico analysis finding just 23% of Blinkx videos viewable (defined as just 50% of pixels visible for just one second). By Vindico’s analysis, an advertiser buying video ads from Blinkx suffers three ads entirely invisible for every ad visible even by that low standard — a remarkably poor rate of visibility. In contrast, mainstream video sites like CBS and MSN enjoyed viewability rates two to four times higher.

Putting the Pieces Together

  Q3 ’13 Headcount ’13 Revenue ($mm) revenue / headcount ($k)
Tremor 287 $148 $517
YuMe 357* $157 $440
RocketFuel 552 $240 $434
Criteo 452 $240 $532
Blinkx 265** $246*** $927

* Q3 ’13 headcount not available. 357 is 2012 year-end. S&M spend up ~50% in 2013. Adjusted revenue/headcount is $293k
** Q3 ’13 headcount not available. 265 is 2012 year-end. S&M spend up ~15% in 2013. Adjusted revenue/headcount is $803k.
*** 2013 revenue estimate based on Bloomberg consensus estimates

Comparing Blinkx’s revenues to competitors, I am struck by Blinkx’s apparent outsized success. See the table at right, finding Blinkx producing roughly twice as much revenue per employee as online video/display ad networks and advertising technology companies which have recently made public offerings. Looking at Blinkx’s sites and services, one doesn’t get the sense that Blinkx’s service is twice as good, or its employees twice as productive, as the other companies listed. So why does Blinkx earn twice as much revenue per employee? One natural hypothesis is that Blinkx is in a significantly different business. While other services make significant payments to publishers for use of their video content, my browsing of Blinkx.com revealed no distinctive content obviously licensed from high-quality high-cost publishers. I would not be surprised to see outsized short-term profits in adware, forced-visit traffic, and other black-hat practices of the sort used by some of the companies Blinkx has acquired. But neither are these practices likely to be sustainable in the long run.

Reviewing Blinkx’s statements to investors, I was struck by the opacity. How exactly does Blinkx make money? How much comes from the legacy Zango and AdOn businesses that consumers and advertisers pointedly disfavor? Why are so many of Blinkx’s metrics out of line with competitors? The investor statements raise many questions but offer few answers. I submit that Blinkx is carefully withholding this information because the company has much to hide. If I traded in the companies I write about (I don’t!), I’d be short Blinkx.

This article draws in part on research I prepared for a client that sought to know more about Blinkx’s historic and current practices. At my request, the client agreed to let me include portions of that research in this publicly-available posting. My work for that client yielded a portion of the research presented in this article, though I also conducted significant additional research and drew on prior work dating back to 2004. My agreement with the client did not oblige me to circulate my findings as an article or in any other way; to my knowledge, the client’s primary interest was in learning more about Blinkx ‘s business, not in assuring that I tell others. By agreement with the client, I am not permitted to reveal its name, but I can indicate that the client is two US investment firms and that I performed the research during December 2013 to January 2014. The client tells me that it did not change its position on Blinkx after reading my article. (Disclosure updated and expanded on February 4-5, 2014.)

I thank Eric Howes, Principal Lab Researcher at ThreatTrack Security, and Matthew Mesa, Threat Researcher at ThreatTrack Security, for insight on current Blinkx installations.

Misrepresentation of Fuel Surcharges in Airline Price Advertising with Xiaoxiao Wu

Air travel tickets often include surprisingly large amounts described as “tax.” In one round trip New York-Paris ticket we quoted in January 2012, the fare was listed as $230 while “tax” was listed as $598.14 — fully 72% of the listed total. If government taxes were actually as large as Air France claims, many passengers might want to complain to responsible politicians and regulators. And passengers might have a different view of cramped seating, unpalatable food, or other service shortfalls on a $230 ticket versus a $828.14 ticket. But in fact, specifically contrary to Air France’s characterization of $598.14 as “tax,” the majority of the “tax” was not charged by any government, airport, or similar authority, and rather was retained by Air France to defray its ordinary operating expenses.

Our investigation uncovers a variety of examples in which airlines have mischaracterized various surcharges as “tax” and otherwise failed to satisfy applicable price advertising regulation. We present proof in both screenshots and recorded telephone calls, preserving clear records of carriers’ misrepresentations. Details:

Misrepresentation of Fuel Surcharges in Airline Price Advertising

Advertising Disclosures in Online Apartment Search with Paul Kominers

A decade ago, the FTC reminded search engines of their duty to label advertisements as such. Most general-purpose search engines now do so (though they’re sometimes less than forthright). But practices at specialized search engines often fall far short.

In today’s posting, Paul Kominers and I examine leading online apartment search services and evaluate the disclosures associated with their paid listings. We find paid placement and paid inclusion listings at each site, but disclosures range from limited to nonexistent. Where disclosures exist, they are largely hidden behind multiple intermediate pages, effectively invisible to most users. We propose specific ways these sites could improve their disclosures, and we flag their duties under existing law.

Advertising Disclosures in Online Apartment Search

Google Tying Google Plus and Many More

Disclosure: I serve as a consultant to various companies that compete with Google. But I write on my own — not at the suggestion or request of any client, without approval or payment from any client.

This week Google announced Google Search Plus Your World (“Google Search Plus” for short). Reaction has been critical. Danny Sullivan says Google Search Plus “pushes Google+ over relevancy,” and he offers compelling examples demonstrating this favored treatment. Meanwhile, EPIC executive director Marc Rotenberg argues that Google is “using its market dominance in a separate sector [search] … to fight off its challenger Facebook” — essentially, alleging that Google is tying Google+ to Google Search, forcing users to accept the former if they want the latter.

As Danny and Marc point out, Google is favoring its own ancillary services even when other destinations are objectively superior, and Google is using its dominance in search to compel users to accept Google’s other offerings. But this problem is much bigger than Google Search Plus: Google has used similar tying tactics to push dozens of its products for years. I’m working on a detailed article with numerous examples plus relevant antitrust analysis. But with Google Search Plus prompting so much interest, I wanted to flag other areas where Google has invoked these tactics.

This piece proceeds in three parts: I evaluate the competitive implications of Google favoring its own services, including the special benefits Google grants to its own services. I show how Google penalizes those who decline to participate in its tied offerings, including using tying to force others to submit to Google’s will even in areas where Google is not yet dominant. Finally, I briefly survey the legal implications and propose a promising but lightweight remedy to begin to curtail the harmful effects of Google’s tying.

My takeaway: Google’s tying tactics should not be permitted. Google’s dominant position in search requires that the company hold itself to a higher level of conduct, including avoiding tying its other products to its dominant search service. Google has repeatedly crossed the line, and antitrust enforcement action is required to put a stop to these practices.

The Competitive Implications of Favoring Google’s Own Services

I’ve found more than a dozen Google services receiving favored placement in Google search results. Consider Google Blog Search, Google Book Search, Google Checkout, Google Health, Google Images, Google Maps, Google News, Google Realtime, Google Shopping, and Google Video. Some have developed into solid products with loyal users. Others are far weaker. But each enjoys a level of favored placement in Google search results that other services can only dream of.

Google uses premium placements and traffic guarantees to address the “chicken and egg” problem that undermines the launch of many online businesses. For example, many retailers might be pleased to be listed (and even be willing to pay to be listed) in a review site or product search site that has many readers. But finding those readers cost-effectively requires algorithmic search traffic, which a new site cannot guarantee — hindering the site’s efforts to attract advertisers. So too for books, local search, movies, travel, and myriad other sectors. Ordinary sites struggle to overcome these challenges — for example, buying expensive pay-per-click advertising to drive traffic to their sites, or beginning with a period in which they have undesirably few participants. In contrast, anyone assessing the prospects of a new Google service knows that Google can grant its services ample free traffic, on demand and substantially guaranteed. Thus, the success of a new Google service is much more predictable — reducing Google’s barriers to expansion into new sectors. Indeed, if partners recognize that Google can send such traffic whenever it chooses to do so, they may even be willing to join before Google turns on the spigot.

Conversely, Google’s ability to favor its own service dulls the incentive for others to even try to compete. Who would risk capital, energy, and talent in building a new image search engine when Google presents Google Image Search results automatically? A new entrant might be 20% better, by whatever metric, but Google’s automatic provision of a “good enough” option dulls users’ interest in finding a best-of-breed alternative. The problem is particularly acute because the top-most result enjoys 34%+ of all clicks — so when Google takes that position for itself, there’s far less for everyone else.

Google also grants its ancillary services the benefit of certain placement. Ordinary sites have little assurance of what algorithmic search traffic they will receive. They may rank highly for some terms and worse for others. Furthermore, rankings often vary over time, including sudden changes for no apparent reason. As a result, most sites struggle to build business plans around algorithmic search traffic; indeed, companies have laid off staff after unexpected drops in algorithmic search traffic. In contrast, Google’s own services can feel confident in the traffic they will receive from Google — allowing them to plan budgets, advertising sales, hardware requirements, and overall strategy.

By all indications, free traffic from Google Search has played a valuable role in launching many Google businesses. For example, Google Maps usage remained sluggish until Google started to present inline Google Maps directly within Search Results, a practice that began in earnest in 2007. As Consumer Watchdog’s 2010 “Traffic Report” shows, this change precipitated a sharp increase in Google Maps’ market share: Traffic to Google Maps tripled while traffic to competing map sites fell by half.

So too for Google’s launch of Google Finance. service. For example, as of December 2006, Hitwise reported that fully 57% of traffic to Google Finance came from Google Search. By 2009, just 29% of Google Finance traffic came from other Google properties. By providing its ancillary services with additional traffic, when desired and in large quantities unavailable to others, Google gives its ancillary services a greater chance of achieving widespread usage and attracting users and advertisers.

The Special Benefits Google Reserves for Its Own Services

When Google presents its ancillary services within search results, it gives its services distinctive layout and format benefits unavailable to other sites. For example, Google Maps appears with an oversized full-color embedded map, whereas links to other map services appear only as plain hyperlinks. So too for links to Google Shopping, which often feature tabular reports of product pictures, vendors, and prices, whereas competing comparison shopping search engines receive only bare text. Until June 2011, Google Checkout advertisers enjoyed a special logo adjacent to their AdWords ads — particularly valuable since image advertisements were essentially nonexistent throughout that period. But advertisers who chose other streamlined checkout tools (like Paypal) got no such benefit. Favored treatment extends to the most obscure Google services. Even Google Health listings received a distinctive layout and colored image.

Furthermore, when Google favors its own ancillary services, it sometimes bypasses the algorithms that ordinarily allocate search results. By all indications, Google staff manually override algorithmic results, manually specifying that specific Google services are to appear in specific positions for specific keywords. Of course no other site enjoys such overrides.

Google also seems to exempt its own services from the “host crowding” rules that ordinarily assure source diversity. In 2007, Google’s Matt Cutts stated that a single page of results will feature “up to two results” from a single host, though he added that for a domain that “is really relevant” Google “may still return several results from that domain” (emphasis added). But it seems Google waives this rule for its own services. In April 2011, Aaron Wall flagged a search yielding five separate Google Books results among the ten links shown in the first page of Google Search. A commenter found another search term for which nine separate results all pointed to Google Books. (I have a screenshot on file.) On one view, Google Books indexes the work of multiple authors and publishers, and diversity among those authors and publishers provides adequate representation of alternative viewpoints. Yet other repositories also aggregate material from independent authors (consider books at Amazon, or any of thousands of online discussion forums), but only Google seems to enjoy an exception from “host crowding” rules.

Google Effectively Penalizes Those who Decline to Participate In Its Tied Offerings

I joined Google Plus not because I wanted to participate, not to take a look around, but because I perceived that Google would grant my site preferred placement — more algorithmic traffic — if I linked my Google Plus account to my web site and online publications. It’s hard to figure out whether I was right. But SEO forums are full of users who had the same idea. So Google can force users to join Google Plus to avoid receiving, or expecting to receive, lower algorithmic search ranking. Certainly myriad sites added Google +1 buttons (giving Google both data and real estate) not because they genuinely wanted Google buttons on their sites, but because they feared others would overtake them in search results if they failed to employ Google’s newest service.

If an airline declines to participate in Google Flights, its listings are labeled 'no booking links available.' Google fails to offer a more helpful link or booking shortcut, even though it could easily do so.If an airline declines to participate in Google Flights, its listings are labeled “no booking links available.” Google fails to offer a more helpful link or booking shortcut, even though it could easily do so.

Google uses similar tying tactics to compel use of its other services. Consider airlines negotiating terms for appearance in Google Flight Search. If Southwest Airlines prefers not to be included in Expedia, it can easily stay out (and in fact it has). Better yet, a diligent airline can negotiate with various travel sites to seek improved terms — playing one travel site against another to reduce fees. But Google’s dominant position impedes any such negotiation. There’s only one Google Flight Search at the top of Google search results, and any airline that refuses Google’s terms is left behind: Google presents a “no booking links available” bubble, even though Google could easily send bookings to an airline web site without any commercial relationship with the site and without requiring payment from the site. (For an example, click to browse Southwest flights Boston-BWI in May — simple HTML and JavaScript, essentially a “deep link.”)

At the very least, Google could link to an airline’s home page in the bottom right, where the “Book” link usually appears; the bottom-right corner is the standard location for a button to continue a multi-step process, and that’s the location where Google has trained users to look to proceed with booking. In contrast, Google’s bottom-left links are easily overlooked. With so many better options available to Google, Google’s decision to withhold this link looks like intentional punishment for any airline that rejected Google’s terms.

Google links to the 'owner site' only at the far bottom of the drop-down -- putting all advertisers in more prominent positions.Google links to the “owner site” only at the far bottom of the drop-down — putting all advertisers in more prominent positions.

Meanwhile, by effectively compelling participation, Google enjoys high revenue from competing bidders. Consider the drop-down lists Google now shows with hotel listings, presenting advertisements for multiple booking services. A user can enter desired dates to receive a price quote from each booking service, with one-click access to the chosen vendor. But some users prefers to book with a hotel directly — perhaps to reduce booking complexity (less finger-pointing if something goes wrong) or enjoy loyalty program benefits. (Users may also know that hotels pay substantial commissions to the web sites that gather reservations, and some users may wish to spare hotels those costs.) If a consumer clicks the “owner site” link, the consumer will find that his booking dates are discarded, requiring reentry. And even though the “owner site” is the single most authoritative listing for a given property, Google puts all booking services above — here too, favoring advertising revenue over user convenience. It’s an experience savvy hotels would decline completely if Google offered that choice. Instead, Google makes this drop-down compulsory, and there’s no way a hotel can opt out.

To its credit, Twitter has recognized the value of the data it holds and has declined to let Google harvest that data on terms Google dictates. But when Twitter complained about Google’s favored treatment of Google Search Plus, Google responded: “We are a bit surprised by Twitter’s comments about Search plus Your World, because they chose not to renew their agreement with us last summer.” Google’s response completely misses the point. For one, as Danny Sullivan points out, Google fails to use Facebook and Twitter content it knows about (without needing a data license). Furthermore, Google equally fails to use content from thousands of other sources — from smaller social networks, for example. Instead, Google favors its own service.

Over and over, Google has tied its services in various combinations to compel (or attempt to compel) others to bend to its will.

  • Google told Yelp it had to let Google present Yelp reviews in Google Places if Yelp wanted to remain in ordinary Google Search. That is, Google tied its dominant search service (where Yelp wanted to stay visible) to its upstart Places service (which Yelp did not care to support).
  • Google’s contradictory statements left newspapers believing for years that they had to participate in Google News if they wanted to remain in Google Search. (See e.g. the multiple contradictory postscripts in Danny Sullivan’s August 2009 posting about newspapers’ concerns — indicating that even he struggled to understand Google’s true policy. I have other inconsistent statements on file.) For newspapers, then, Google also effectively tied its dominant search service (where newspapers absolutely wanted to be listed) to Google News (which newspapers tended to view skeptically). By the time Google clearly stated that newspapers could exit Google News while staying in Google Search, Google News had achieved enough traction that leaving was a much less desirable choice.
  • For years, Google’s YouTube offered filtering technology (to identify and remove copyrighted works) only to companies that granted licenses to YouTube, on the terms YouTube sought, but not on companies that refuse Google’s terms. To get the filter — the only quick, effective way to block infringing content — rights-holders had to accept Google’s license terms.

I’ll have more examples in my forthcoming paper.

On one level, these are standard “all-or-nothing” tactics: Google has something others want, and Google only provides the desired service if it gets it way. But the impact is clear: Google’s multiple mutually-reinforcing tying arrangements extend Google’s position of dominance, forcing prospective business partners to bend to Google’s will, and enlarging Google’s control over ever more sectors.

Legal Implications

When Google presents its ancillary services in its search results, it engages in classic “tying” behavior, raising concern under US and European antitrust law. Certainly Google’s search service is dominant, and US and EU investigations have already held as much — triggering the heightened duties of those with a dominant position.

Yet Google offers its search results only with its own ancillary services. In particular, Google gives no mechanism for users to obtain Google Search with others’ ancillary services or with no ancillary services at all. This tactic has already led Google to dominance in blog search, book search, image search, maps, news, and product search, and it is amply clear how this tactic could soon lead Google to dominance in reviews, local search, and travel search (satisfying the “dangerous probability” test in Verizon v. Trinko note 4). Is Google likely to succeed in social? It seems network effects offer somewhat greater protection to Facebook and Twitter than they do to review sites or travel search sites. But when Google uses the same tying strategy to claim a leg up in myriad sectors, it’s no great stretch to view the strategy with equal skepticism wherever it arises.

In Remedies for Search Bias, I offered several suggestions to blunt the worst of these practices. Most relevant: Google should let users swap its own services for competitors’ offerings. Consider users’ ability to choose their preferred web browser, media player, email program, and myriad other applications — choices that facilitates continued competition and innovation in all these areas. Yet a user at Google.com has zero ability to eschew Google Maps for Mapquest, or to replace Google Places reviews with Yelp. The first time a user runs a search calling for a review, Google could ask the user for his preferred review provider, and an unobtrusive drop-down box would let the user make changes later. Similar prompts would appear, as needed, for other key sectors — limited, of course, to areas where Google seeks to promote an offering of its own. I was thrilled when, in a little-noticed remark last summer, Danny Sullivan endorsed this approach (“hey eric: how about letting people choose their shopping, local, etc. one box provider?”). It’s an elegant and straightforward solution, sidestepping the most complicated questions of “regulating search” but putting an important check on Google’s abuse of its dominant position in search.

Advertisers’ Missing Perspective in the Google Antitrust Hearing

This week Google ex-CEO Eric Schmidt will testify at a Senate Antitrust Subcommittee hearing that investigates persistent allegations of Google abusing its market power. Other witnesses include Jeff Katz, CEO of Nextag, and Jeremy Stoppelman, CEO of Yelp — ably representing the publishers whose sites are pushed lower in search listings as Google gives its own services preferred placement. But who will speak for advertisers’ interests?

Each year Google bills advertisers some $30+ billion; advertisers quite literally pay the bill for Google’s market dominance. Yet advertisers seeking search traffic have little alternative to the prices and terms Google demands. Consider some of Google’s particularly onerous terms:

  • All-or-nothing placements. An advertiser wishing to appear in the Google Search Network must accept placement on the entirety of Search Network, in whatever proportion Google elects to provide. Some Google Search Network properties are excellent, like AOL and New York Times. Others are dubious, like typosquatting sites, adware, and pop-up ads. A competitive marketplace would push Google to offer advertisers a meaningful choice of advertising venues, and advertisers could choose which placements they want. Instead, Google bundles placements in a way that compels advertisers to buy worthless traffic they don’t want yet can’t avoid.
  • Low-quality search partners. Far from a good-faith effort to rid its network of low-quality partners, Google has retained placements through InfoSpace, a traffic syndicator whose undesirable traffic sources are well-known, amply documented (1, 2, 3), and ongoing. In a competitive marketplace, Google would have to offer advertisers high-quality, trustworthy traffic. But in current conditions, Google knows advertisers will accept Google’s traffic even if Google mixes in low-quality traffic advertisers do not want.
  • Opaque ranking and pricing. Google selects, orders, and prices advertisements using algorithms that only Google knows. As a result, advertisers struggle to understand why their ads appear in unfavorable positions or not at all: Is a competitor bidding more? Has Google assessed a competitor’s ads more favorably? (If so, is such assessment accurate or a system malfunction?) Or has Google quietly penalized an advertiser for taking actions adverse to Google, perhaps speaking to a journalist or complaining to a regulator?

    Google tells advertisers nothing about others’ bids, and Google provides only ambiguous information about its assessments of advertisers’ ads. So advertisers are left to wonder “have I been penalized?” without rigorous methods to answer that question. Advertisers would flock to a viable alternative search engine that treated them fairly and predictably while offering high-volume search traffic. But Google’s market power makes any such switch unrealistic.

  • Harsh contract terms. Google’s US Advertising Program Terms purport to let Google place ads “on any content or property provided by Google … or … provided by a third party upon which Google places ads” (clause 2.(y)-(z)) — a circular “definition” that sounds more like a Dr. Seuss tale than a formal contract. If Google does provide information about the sites where it places ads, Google disavows the accuracy of that information (no warranty or guarantee as to “reach, size of audience, demographics , or other purported characteristics of audience” (clause 5.(vi))). Google also “disclaims all warranties [and] guarantees regarding positioning, levels [or] quality … of costs per click, click through rates, … conversions or other results for any ads” (clause 5.(i)-(v)). Furthermore, even if an advertiser proves a violation, Google claims that “any refunds for suspected invalid impressions or clicks are within Google’s sole discretion” (clause 5).

    Even Google’s notification provisions are one-sided: An advertiser with a complaint to Google must sent it by “first class mail or air mail or overnight courier” with a copy by “confirmed facsimile.” (Despite my best efforts, I still don’t know how a “confirmed” facsimile differs from a regular fax.) Meanwhile, Google may send messages to an advertiser merely by “sending an email to the email address specified in [the advertiser’s] account” (clause 9).

    These terms smack of market power: Rare is the advertiser who would accept such terms if reasonable choices were available.

  • Banning tools to help advertisers move elsewhere. Savvy advertisers seek to buy placements through Google as well as competing search engines such as Yahoo and Bing. But Google builds roadblocks to hinder advertisers’ efforts. Certainly any advertiser wanting to run a large campaign on multiple search engines needs tools to help — to make the first copy from Google to competitors, and to perform ongoing sync’s and updates. But Google’s AdWords API brazenly prohibits tool-makers from offering these services — leaving advertisers either to do the work manually (unreasonably slow and costly) or to write their own tools by hand (infeasible for all but the largest advertisers).

    Google has never offered any pro-competitive or competitively-neutral explanation for restricting how advertisers copy their own ad campaigns. In a rare moment of frankness, one Google executive once told me “we don’t have to make it easy” for advertisers to use competitors’ services. That argument might have passed muster a decade ago, but Google’s dominance puts such tactics in a new light.

Google likes to argue that “competition is one click away.” First, I question whether users can actually leave as easily as Google suggests: Popular web browsers Firefox and Chrome strongly favor Google, as Google CFO Patrick Pichette recently admitted (“everybody that uses Chrome is a guaranteed locked-in user for us”). In the mobile context, Android offers Google similar lock-in. And even on non-Google mobile platforms, Google serves fully 95% of searches thanks to defaults that systematically direct users to Google. Meanwhile, syndication contracts assure Google exclusive long-term placement on most top web sites. Against this backdrop, users are bound to flow to Google. Then advertisers must go where the users are. Whatever choice users have, advertisers end up with much less.

In the last ten years, Google grew from 12% to well over 80% worldwide. In that time, Google moved from zero ads to a dozen or more per page; from placing ads only on its own site to requiring advertisers to purchase ads with thousands of partners of dubious or unknown quality; from hustling to convince advertisers to buy its novel offering, to compelling advertisers to accept the industry’s most opaque pricing and most onerous terms. At the start of a new decade, Google is stronger than ever, enjoying unrivaled ability to make advertisers do as Google’s specifies. It’s time for advertisers — and the regulators who protect them — to put a check on Google’s exploitation of its market power.

Implications of Google’s Pharmacy Debacle

This week the Department of Justice announced the conclusion of its investigation of Google permitting online Canadian pharmacies to place advertisements through AdWords, facilitating the unlawful importation of controlled pharmaceuticals into the United States. Google’s large forfeiture — fully $500 million — reveals the gravity of the offense, and as part of the settlement, Google affirmatively admits liability. These admissions and the associated documents confirm what I had long suspected: Not only does Google often ignore its stated “policies,” but in fact Google staff affirmatively assist supposed “rule-breakers” when Google finds it profitable to do so.

Google’s Role in Unlawful and Deceptive Advertisements

The DOJ’s non-prosecution agreement has not been widely circulated but is well worth reading because it reveals the depth of Google’s misbehavior. As a condition of the non-prosecution agreement, Google specifically admits its knowledge of, and participation in, unlawful advertising.

  • Google admits that it knew as early as 2003 that Canadian pharmacies were unlawfully advertising through AdWords. Yet Google provided customer support to these pharmacies, including assisting them in placing and optimizing their advertisements and web sites.
  • Google’s policies required pharmacies to obtain certification to show ads to US consumers, but pharmacies found they could easily adjust their geo-targeting to reach US consumers without obtaining certification. Google admits that it knew about this tactic, yet failed to modify its systems to prevent uncertified advertisers from reaching US consumers.
  • Google admits that it knew pharmacies were circumventing certification by intentionally avoiding use of certain terms in the text of their advertisements, yet nonetheless using those same terms as advertising keywords to trigger displays. Google admits that it did not stop advertisers from using this technique until Google learned of the DOJ’s investigation.

Tension with Google’s Prior Statements Denying Knowledge of and Responsibility for Unlawful Advertisements

Previously, Google has always styled itself as an innocent victim of fraudulent online advertising, but a diligent foe of harmful ads. For example, when I presented dozens of deceptive AdWords advertisements in 2006, Google told Information Week “When we become aware of deceptive ads, we take them down.” In a 2010 blog post, Google claimed to “work very hard” to block deceptive ads, calling the process “a cat-and-mouse game” in that advertisers purportedly hide from Google’s efforts.

I have long doubted Google’s claims of innocence. For one, Google has an obvious incentive to allow deceptive and unlawful ads: each extra ad means extra revenue — an ad in lieu of white space, or an extra competitor encouraging other advertisers to bid that much higher. Furthermore, unlawful and deceptive ads have been widespread; I found dozens in just a few hours of work. Meanwhile, it’s hard to reconcile Google’s engineering strength — capably indexing billions of pages and tabulating billions of links — with the company’s supposed inability to identify new advertisements mentioning or targeting a few dozen terms known to deceive consumers. From these facts, I could only suspect what the DOJ investigation now confirms: Unlawful ads persist at Google not just because advertisers seek to be listed, but also because Google intentionally lets them stay and even offers them special assistance.

Problems Reach Beyond Deceptive Advertisements

Unlawful and deceptive ads are just one of many areas where Google has claimed to oppose bad behavior, but where there’s growing reason to doubt Google’s diligence.

Consider advertisements promoting services that infringe copyright. Google’s AdWords Policy Center indicates that Google prohibits ads promoting the copying or distribution of copyrighted content without permission from the rights-holder. How diligent is Google in blocking such ads? A 2007 Wall Street Journal article revealed Google’s affirmative support for sites engaged in copyright infringement: Seeing high traffic to web sites EasyDownloadCenter.com and TheDownloadCenter.com, Google offered those sites account representatives who suggested advertising keywords to optimize their AdWords campaigns. Google also offered those sites a line of credit , whereas ordinary AdWords advertisers must pay in advance. Anyone browsing the sites would have immediately recognized that they distributed copyrighted material without permission from the corresponding rights-holders, which should have caused Google to keep its distance. But Google staff looked the other way in order to retain and expand their business with a profitable advertising customer.

In revising its policy for use of trademarks in advertising, Google also put revenue considerations before users’ interests. Google promises that ads will be shown in a manner that is “clearly identified” to avoid user confusion, even if such placements reduce Google’s revenue. Indeed, through 2004, Google had required a trademark holder’s approval for a trademark to appear in search advertisements. But in 2009, Google identified an opportunity for at least $100 million of additional annual revenue, and potentially more than a billion dollars of additional annual revenue, by reversing that policy. Crucially, Google made that reversal even though Google’s own tests found that the change would cause an “overall very high rate of trademark confusion” in that “94% of users were confused at least once” during Google’s testing of the change.

Google has also ignored unlawful conduct in order to retain and expand its “domain parking” business which includes ads on tens of thousands of typosquatting domains (unlawful under the Anti-Cybersquatting Consumer Protection Act). Google claims to be diligent in preventing placement of ads on unlawful sites. Yet Google acts only in response to trademark owners’ complaints; Google could easily run its own searches, thanks to its superior information-processing systems and instant knowledge of which domains are showing Google ads. By allowing typosquatting to continue, I estimate that Google reaps additional revenue of approximately $497 million per year.

So too in the realm of copyright infringement at YouTube. By 2007, Google had installed a filter to identify YouTube videos which included copyrighted content. Google could have processed all YouTube videos through the filters in order to identify and remove all copyright-infringing content. Instead, Google offered the filter only to rights-holders who signed license agreements to let Google use their content. A copyright holder who simply wanted to keep its content off of YouTube had no means to do so: the company could not use Google’s filter because Google conditioned use of the filter on receipt of a license to the underlying content; and the company could not run its own filter because YouTube’s Terms of Service disallow the automated access and bulk downloads necessary for efficient searches. The DOJ’s investigation gives that much more reason to conclude what content owners long argued: Google’s approach was motivated not by genuine technical necessity, but rather by Google’s desire to impose its will on copyright holders.

Users’ privacy is also vulnerable to Google “errors” for the company’s benefit. When Google engineers deployed hundreds of cars with custom hardware and software that recorded WiFi users’ data, Google claimed the collection was “a mistake.” When Google Toolbar continued tracking users’ browsing even after users “disable[d]” the toolbar and even after the toolbar disappeared from view, Google called that behavior a “bug.” Though Google says its overbroad data collection was unintentional, both examples are suspicious. With thousands of programmers and an engineering culture, how could Google deploy software to hundreds of cars without a thorough code review? And Google Toolbar runs on hundreds of millions of computers, so one might expect at least basic testing of all disable features. Various critics speculated that Google’s WiFi data collection was actually intentional, and ArsTecnica inferred that Google had already known about the Toolbar’s overbroad data collection. Previously, others might have given Google the benefit of the doubt. But seeing Google’s obfuscation and duplicity in pharmaceutical advertising, it gets easier to believe that these “mistakes” were intentional too.

What Comes Next

The DOJ’s pharmacy investigation undermines Google’s credibility on questions of compliance with the law and good faith in enforcing its supposed policies. Previously, when Google argued that it was difficult to find bad ads, trademark-infringing domains, or copyrighted content, the world could only wonder what made these tasks so difficult for Google. Now we know: at least sometimes, Google’s difficulties were a farce; behind the scenes, Google employees were encouraging and supporting the very unlawful conduct they claimed to oppose.

As I noted in June, Google’s bad ads span myriad categories beyond pharmaceuticals– charging for services that are actually free, promising free service when there’s actually a charge, promoting copyright infringement, promoting spyware/adware, bogus mortgage modification offers, work-at-home scams, investment rip-offs, identify theft, and more. Each of these categories of scam advertisements is in fact unlawful, and most are prohibited under Google’s existing advertising policies. But policies alone are not enough. Will Google step forward with a serious effort to block these dubious offers? Or does Google prefer to retain the ads and enjoy the resulting revenue, but leave users vulnerable? The world is watching!

Online Discount Vouchers – Letter-Writing Tool with Paul Kominers and Xiaoxiao Wu

Following up on my recent article about consumer protection problems in discount voucher sales, I’ve posted a letter-writing tool to help consumers resolve their voucher problems. From expiration to cashback to day-of-week, time-of-day, and unexpected terms added after purchase, there are quite a few ways consumers can end up dissatisfied with the discount vouchers they buy. Many voucher services offer refunds only if consumers complain vigorously. Our tool helps consumers write concise but persuasive letters, including drawing on applicable state law where appropriate.

Give it a try:

Discount Voucher Problems – Letter-Writing Tool

Consumer Protection in Online Discount Voucher Sales with Paul Kominers

We evaluate five areas where online discount voucher services — Groupon and similar sites — risk falling afoul of applicable consumer protection law. We present applicable laws from selected states and evaluate compliance by voucher services and their affiliated merchants. We examine voucher services’ attempts to limit their liability, and we explain why consumers and regulators should find current practices insufficient.

Details, including specific legal requirements, vendors’ practices, and assessing responsibility:

Consumer Protection in Online Discount Voucher Sales

Hard-Coding Bias in Google “Algorithmic” Search Results

I present categories of searches for which available evidence indicates Google has “hard-coded” its own links to appear at the top of algorithmic search results, and I offer a methodology for detecting certain kinds of tampering by comparing Google results for similar searches. I compare Google’s hard-coded results with Google’s public statements and promises, including a dozen denials but at least one admission. I conclude by analyzing the impact of Google’s tampering on users and competition, and by proposing principles to block Google’s bias.

Details, including screenshots, methodology, proposed regulatory response, and analogues in other industries:

Hard-Coding Bias in Google “Algorithmic” Search Results

A Closer Look at Google’s Advertisement Labels

Google's tiny 'Ads' labelGoogle’s tiny ‘Ads’ label

The FTC has called for “clear and conspicuous disclosures” in advertisement labels at search engines, and the FTC specifically emphasized the need for “terms and a format that are easy for consumers to understand.” Unfortunately, Google’s new advertisement labels fail this test: Google’s “Ads” label is the smallest text on the page, far too easily overlooked. (Indeed, as I show in the image at left, the “Ads” label substantially fits within an “o” in “Google.”) Meanwhile, Google now merges algorithmic and advertisement results merged within a single set of listings; Google’s “Help” explanations are inaccurate; and Google uses inconsistent labels mere inches apart within search results, as well as across services.

Details, including the shortfalls, screenshots, comparisons, and proposed alternatives:

A Closer Look at Google’s Advertisement Labels

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