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WASHINGTON, D.C. — A Congressional committee will review the pros and cons of a class-action settlement that would give Google Inc. the digital rights
to millions of copyrighted books that are no long being published. The
antitrust concerns prompted the U.S. Department of Justice to open an
investigation into whether the settlement will undermine competition.
The Justice Department is scheduled to report some of its preliminary
filings to Chin by Sept. 18. Other critics, including consumer
watchdog groups and some library associations, are worried the deal
will open a window on what kinds of books people are reading.

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Others witnesses are likely to cast a more skeptical eye on the
agreement, including John Simpson of Consumer Watchdog, a nonprofit
that has opposed the agreement; Randall Picker, a professor at the University of Chicago Law School who has raised antitrust concerns; and Marybeth Peters, the head of the United States Copyright Office, who has also raised questions about the deal.

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The Google Book Search Settlement has taken yet another twist: in a
last minute announcement, the House Judiciary Committee today posted
notice that it would hold a hearing on “The Competition and Commerce in
Digital Books” or, in other words, the Google Books Search Settlement, on Thursday, September 10th at 10am. With the hearing, the Google Book Search settlement has now hit the
trifecta—all three branches of government are involved: the Judiciary
is overseeing the settlement; the Executive, via the Department of
Justice, is looking at antitrust issues; and now Congress, which brings
the widest possible government scope from which to address potential
issues with book digitization.

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A group of 10 consumer advocacy groups, including the U.S. Public
Interest Research Group, Consumers Union and the Consumer Federation of
America, has called on the U.S. Congress to enact legislation to
protect consumer privacy amid the growing use of Internet technology
that tracks consumers’ online behavior. A bill is expected to be
submitted this fall in the House Energy and Commerce Committee’s
Subcommittee on Communications, Technology and the Internet.

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The National Writers Union and Consumer Watchdog were among those to
file briefs urging rejection as the Google Book Search Settlement
deadline officially passed this morning. Although the final lineup of
objectors won’t be known until all the last-minute briefs have been
processed by the court, the groups join DC Comics, The American Society
of Journalists and Authors, a coalition of some 58 authors and the Open
Book Alliance (which includes Google competitors Microsoft and
Amazon.com) in urging the court to reject the proposed settlement.

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Press Release

Brief Argues Books Settlement Violates Both U.S. And International Copyright Law, Is Anticompetitive

WASHINGTON, D.C. — Consumer Watchdog today filed a brief urging a
federal court to reject the proposed Google Books settlement because it
is anticompetitive and violates both U.S. and international law.
 Separately, the consumer group called a Books privacy policy Google
offered late last week inadequate.

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As Congress considers new privacy legislation, consumer and privacy
groups have put forward their proposals for limiting online data
collection. A coalition of groups including the Center for Digital
Democracy, Consumer Watchdog and the Electronic Frontier Foundation
submitted its views to the House Committee on Energy and Commerce.

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A group of ten consumer groups on Tuesday called on Congress to enact
meaningful privacy legislation, and slammed industry efforts as totally
inadequate. The groups are most concerned about behavioral tracking, a technique
used by Internet companies to serve up more targeted ads or results
based on your Web
browsing activities. Are you searching for information on Paris? You
might see ads on the right-hand bar for travel deals or hotels, or
links to blog posts about the French city.

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Search engines such as Google, Yahoo and Microsoft employ behavioral
targeting, in which cookies collect information on users’ Web browsing
habits, to better tailor online ad campaigns for Web surfing consumers.
This practice doesn’t sit well with consumer and privacy advocates,
which urged Congress to crack down on behavioral targeting and asked
the Federal Trade Commission to set up a registry to help users opt out
of such practices.

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