Uber, France and Protectionism

France moves to ban Uber while homegrown ridesharing service BlaBlaCar continues to grow.

Carsharing service (or unlicensed taxi service, depending on who’s talking) Uber has faced enourmous regulatory hurdles where local taxi cartels try to protect themselves from the popular service. Europe is no exception as several there is a movement in several countries to stop or regulate or extract fees from Uber. However, Europe has lagged the U.S. in startup activity and success and has taken action against many prominent U.S. tech companies, such as the recent antitrust actions against Google and previous antitrust actions against Microsoft that seem so quaint now.

With that backdrop, let’s take a look at France and Uber.

The French government recently declared that some of Uber’s services would be banned in 2015. Like many places, there are some consumer protection rationales.

““Currently, those who use UberPop are not protected in case of an accident,” Mr. Brandet told the French news channel BFM TV, on Monday. “So not only is it illegal to offer the service, but for the consumer, it’s a real danger.””

Anyone anywhere who has ever taken a licensed cab knows this is silly. The real answer? Regulation and protection of a local cartel.

“Critics contend that the service represents unfair competition for other taxi operators, and falls afoul of many licensing rules across Europe. That has led cities across Europe, including Brussels and Berlin, to outlaw the budget car service.”

But what happens if a local company makes good?

“The 28-year-old student is one of a growing number of people across France relying on ride-sharing to travel long distances. Driving the change is a homegrown startup called BlaBlaCar that is challenging state-run railway monopoly SNCF by creating an alternative transport network out of empty car seats.”

Is longer distance safer? What about how everyone loves European trains and how every U.S. city wishing to be considered “world class” wants more trains?

It turns out that when given a choice, people prefer not to take public transportation.

“BlaBlaCar’s ascent has come partly on the back of a deteriorating public-transport system across the continent.”

Even better:

“Its business model responds to the flaws in train travel his association has been complaining about for years: high prices and bad service . . .”

It makes you think that maybe a homegrown company has advantages over a foreign company providing what the local authorities cannot.

Or maybe they simply don’t like it when people make money in an unregulated environment.

“Because it keeps fees so low that drivers are sharing costs rather than making profit, the company argues it is quite different from a company like Uber, which also uses some nonprofessional drivers and bills itself as “ride-sharing.”

“There has been such a hijacking of the word ‘ride-sharing,’ ” said Mr. Brusson. “The key is about the driver not making a profit, and the driver going to his destination anyway.””

And yet, BlaBlaCar has business aspirations, as long as the drivers don’t make money.

“BlaBlaCar was originally called covoiturage.fr—simply the French word for “carpooling”—but its founders changed the name to BlaBlaCar to ease international expansion with a non-French brand they could own.”

Uber
France moves to ban Uber while homegrown ridesharing service BlaBlaCar continues to grow.

Bitcoin Ban – U.S. Senator Demands Regulators Ban Bitcoin

Bitcoin ban urged by Sen. Manchin, previously best known for a compaign commercial where he used a shotgun to shoot a copy of the Cap and Trade bill.

Senator Joe Manchin (D-WV) sent a letter to federal regulators demanding a ban on Bitcoin.

Should we be surprised?  Well, as one particularly brilliant commentator stated:

“There has been a lot of news lately about the efforts of a variety of U.S. regulators to understand Bitcoin, and these regulators are not in the business of exempting financial products that compete with government issued currencies or act outside of the established financial regulatory environment. . .

As a result of all of the above, there is substantial expense and risk in using and accepting Bitcoins, as there should be a risk premium attached due to the very real possibility that the U.S. and other governments could shut them down.”

Other countries, such as China, India, Japan and Russia have either moved to ban or restrict Bitcoin or have threatened to do so.

In addition, Bitcoin has been under review in the U.S. as well.

And now, we have a U.S. Senator urging an outright ban because Bitcoin is unregulated (which is arguable, but for reasons we don’t need to get into here).

As Sen. You-Kids-Get-Off-My-Lawn said, Bitcoin is:

“highly unstable and disruptive to our economy. For the reasons outlined below, I urge regulators to take appropriate action to limit the abilities of this highly unstable currency.”

He is also using the criminal use of Bitcoin as an excuse.  He discussed the “deflationary nature” of Bitcoin, technical problems around Mt. Gox (which I cannot believe he understands in the least) and volatility as other reasons to ban it.  He even trotted out the Consumer Price Index!

He also had to include a softball to “hard-working Americans” in his letter in his final hit:

“The clear ends of Bitcoin for either transacting in illegal goods and services or speculative gambling make me weary of its use.  The Senate Homeland Security and Governmental Affairs Committee issued a report just this month stating, “There is widespread concern about the Bitcoin system’s possible impact on national currencies, its potential for criminal misuse, and the implications of its use for taxation.” Before the U.S. gets too far behind the curve on this important topic, I urge the regulators to work together, act quickly, and prohibit this dangerous currency from harming hard-working Americans.”

If the “clear ends of Bitcoin” are for illicit activities, why not put the risk of deflationary pressures and volatility on the persons engaging in such activities?  Whatever.

Bitcoin’s pricing will smooth out once there is greater acceptance in the marketplace.  It should not surprise anyone that a relatively new currency experiences volatility or that a new technology experiences some bugs.  The early adopters will absorb the early losses, and changes addressing the early problems may generate the trust that allows for widespread usage.

However, as I have said from the beginning, the risk of Bitcoin lies not with technology or the vagaries of market pricing.  The risk of Bitcoin lies with regulation.  The U.S. government is not in the business of allowing non-government sanctioned currencies or payment channels to exist.

Sen. Marlboro Man gets tough with a pile of paper.

 

Gibson Les Paul Sticks It To The Man With New Model

New Gibson Les Paul commemorates government raid and property seizure.

In August 2011, federal agents raided Gibson Guitar Corp.’s facilities SWAT-style.  To seize wood.  For alleged violations of foreign exporting laws that the foreign governments declared not a violation.

Some declared the raid to be a political hit job since Gibson’s CEO gives to Republicans while other CEOs of musical instrument purveyors support Democrats.  Regardless, Gibson resolved the issue with a financial penalty and donation to a federal agency for some BS research project.

To commemorate the shakedown, Gibson has released the Government Series II Les Paul. The fingerboards on these guitars include wood returned to Gibson from the U.S. government after the resolution of the matter. The guitars also sport a distinctive “Government Tan” finish and a bald eagle graphic on the pickguard.

This is a topic near and dear to me as a Gibson Les Paul owner myself.  I have a black 1986 Les Paul that I bought in high school.  I bussed a lot of tables at a local restaurant to afford that guitar.  It was my first professional grade guitar.  It is still one of the best in my collection.

In the words of a musical group that does not use guitars:

Gibson USA: Government Series II Les Paul - Government Tan
Gibson USA: Government Series II Les Paul - Government Tan

Fight the Power!

Bitcoin Regulation Urged In New York Hearing

Bitcoin regulation the subject of FINANCIAL hearings in New York. This is my surprised face.

I have been fascinated at the way Bitcoin seems to be going mainstream. My practical side recognizes the risk that governments will not let Bitcoin be Bitcoin. Governments are not in the business of allowing uncontrolled currencies to roam free. See, for example, here and here.

Now comes news that financial regulators in New York and California are exploring ways to regulate the elecctronic currency.

Bitcoin
Bitcoin regulation seems to be underway in New York and California.

In hearings by New York’s top financial regulator, law enforcement officials practically declared Bitcoin to be a financial dirty bomb.

“Mr. Zabel went through a list of six ways in which virtual currencies are more prone to crime than current forms of money transfer, including the ease with which money can be laundered over borders at the click of a mouse.”

There was the predictable noise about not discouraging growth while limiting illegal activity.

“Mr. Lawsky has indicated that Bitcoin is becoming popular enough that regulators need to create regulations that can encourage its growth but limit illegal activity. . . but there has also been a growing list of serious crimes committed in the Bitcoin network, which government officials have struggled to clamp down on.”

Well, one high profile crime ring, anyway.

The law enforcement officials disputed the contention of Bitcoin defenders that Bitcoin is no worse than other currencies for illegal activities. This despite the fact that those testifying were the ones able to nab Bitcoin-denominated criminals.

“Mr. Zabel was involved in the team that tracked down Ross Ulbricht, whom the authorities contend is the owner of the Silk Road online market, where drugs and child pornography were available. Mr. Ulbricht used a so-called Tor network to obscure himself, the authorities said, and Mr. Zabel said it was only after overcoming “substantial hurdles” that his office found Mr. Ulbricht.”

Well, there are hurdles in any investigation and prosecution, as Law and Order has taught us, such as the anonymous use of cash.

However, the unclear status of Bitcoin’s legality continues to be a pressing issue. For those already creating businesses in that space, expect rent-seeking and proposals for regulations that protect more established players.

““Regulation could be a good thing,” said Fred Ehrsam, the co-founder of Coinbase, the largest middleman for Bitcoin transactions.”

 

Bitcoin Regulatory Risk Begins In India

Bitcoin under attack in India. First a warning, then a raid.

I have previously discussed the risks involved in dealing with Bitcoins, which are primarily regulatory.

Bitcoin
Bitcoin regulatory risks become reality in India.

I must be psychic, or at least recognize that regulators do what they do:  shut down what they cannot understand or control. The Bitcoin risk is becoming real.  First, The Reserve Bank of India issued a warning to people dealing in Bitcoin about the risks involved in dealing in Bitcoin.  Were they just being helpful?

The warning did not explictly say that dealing in Bitcoin was illegal, but it offered this bit of foreshadowing:

“The Reserve Bank has also stated that it is presently examining the issues associated with the usage, holding and trading of VCs under the extant legal and regulatory framework of the country, including Foreign Exchange and Payment Systems laws and regulations.”

A couple of days later, Indian authorities raided a Bitcoin trading platform, buysellbit.com.in.  The Enforcement Directorate conducted the raid since the central bank does not provide permission to indulge in such transactions [Ed.:  We assume something was lost in translation here, but you get the idea.]

“’We are gathering the data of the transactions, name of the people who have transacted in the virtual currency from Gupta’s server that is hired in the US. At present, we believe that this is a violation of foreign exchange regulations of the country. If we are able to establish money laundering aspect then he can be arrested,’ said a top ED official.”

Coming soon to a U.S. regulator near you?  An arrest of another Dread Pirate Roberts in the next Silk Road-type incident could be the catalyst for a crackdown, but I doubt it would take that much.  We can all watch in 2014 whether Bitcoin goes mainstream enough to avoid a government response.  However, that didn’t work for e-gold or PayPal in the 90’s or online poker in 2011.

FTC Provides Guidance To Search Engines On Advertising Practices

The Federal Trade Commission sent letters to search engines regarding advertising practices on their websites.  The FTC noted that they are having trouble telling the difference between search results and ads.  As a result, the search engines need to comply with FTC rules.  The letters update the previous guidance the FTC offered for digital advertisers.

In the letter, the FTC noted that consumers ordinarily expect that natural search results included and ranked based on relevance to a search query, not based on payment from a third party.

We will ignore the fact that these “consumers” are typically using a free service and get to the broad strokes of the FTC’s guidance.  Basically, the FTC wants to make sure that advertising is sistinguishable from natural results.  This applies regardless of the type of device the “customer” uses to access the search engine.

Among the lucky recipients of the letter are AOL, Ask.com, Bing, Blekko, DuckDuckGo,  Google, and Yahoo!, as well as 17 of the most heavily trafficked search engines that specialize in the areas of shopping, travel, and local  business, and that display advertisements to consumers.