Ohio Attorney General Dave Yost says a Delaware County Common Pleas Court has scheduled a trial for his "first-of-its-kind" lawsuit claiming Google is a common carrier subject to government regulation and should be compelled to produce "fairer results." But that trial isn't coming anytime soon.

The court has set May 14, 2024, to hear Ohio's complaint, which was filed in June 2021, so the wheels of Justice aren't exactly keeping up with the speed of high-speed internet.

The suit says that Google needs to be treated as a common carrier because it dominates internet search domestically and globally and, as a result, there are high barriers of entry to its competitors.

That includes preventing Google from self-preferencing its search results.

The suit says that the more Google is used, the better its search becomes, and the more entrenched its market power becomes in turn.

"Because Google Search is the most used search engine, its algorithms are the most refined and is perceived to generate the most relevant results," the suit says. "And because Google Search is perceived to deliver the best search results, it becomes more used in the future, further refining the search relevancy algorithms. Thus, Google’s dominant market position allows it to continue to refine its search algorithms to render Google with a competitive advantage over other search engines, leading to more market dominance by Google Search."

The suit says it is not arguing that dominance is bad, only that it is a fact, and one that the government needs the power to address through regulation, and should be able to because search is properly classified as a common carrier/utility under Ohio law.

It does suggest Google is using that dominance unfairly by intentionally disadvantaging competitors and favoring Google products over organic search results.

Yost says the suit is necessary to let consumers know Google is a common carrier under Ohio law, and to make sure that Google Search "does not unfairly discriminate against third party websites; that Google carries all responsive search results on an equal basis; and that it provides the public with ready access to organic search results that the Google Search algorithms produce."

"By manipulating search results to self-preference its own products, Google is tilting the playing field against consumers and against emerging competitors,” Yost said. “It's time to bring those unfair practices to an end," says Yost.

Back in May 2022, Delaware County Judge James Schuck refused Google's request to throw out the suit, signaling he thought a case might be made for common carrier status. ■

ISPs have spent most of two decades fighting the urge from Democrats and some in Silicon Valley to define internet access as a common carrier service and impose some version of utility style regulation on ISPs, but now edge provider giants are getting a taste of their own medicine.

Ohio Attorney General Dave Yost, a Republican, has filed on behalf of the state what his office was billing as a "landmark" lawsuit to have Google declared a public utility so it can be held to nondiscriminatory access regulations when it comes to showing search results.

“Google uses its dominance of internet search to steer Ohioans to Google’s own products--that's discriminatory and anti-competitive,” Yost said. “When you own the railroad or the electric company or the cellphone tower, you have to treat everyone the same and give everybody access," said Yost of the suit, which was filed in a Delaware County, Ohio, civil (common pleas) court.

Also Read: No Free Regulatory Ride for Google, Others

The suit says it is not seeking redress for Google's dominant market position, saying it is not arguing whether that is good or bad "in isolation."

Instead, it is focused on "establishing that Google’s provision of internet search is properly classified as a common carrier and/or public utility under Ohio common law."

The suit references Supreme Court Justice Clarence Thomas' comment in writing on a First Amendment decision by the court, that “[t]here is a fair argument that some digital platforms are sufficiently akin to common carriers or places of accommodation to be regulated,” then used Google as an example of one whose dominance buttresses the analogy.

Ohio clearly agrees. 

"Ohio has an interest in ensuring that Google, its users, and the entities whose information Google carries are aware that Google Search is a common carrier under Ohio law. Ohio also has an interest in ensuring that as a common carrier Google Search does not unfairly discriminate against third party websites; that Google carries all responsive search results on an equal basis; and that it provides the public with ready access to organic search results that the Google Search algorithms produce," the suit says.

Also Read: Algorithm Bill Introduced

The suit goes beyond just seeking the common carrier status for Google to asserting that under that public utility definition, Google must be prevented from self-preferencing in its results, at least in Ohio.

Republicans have been arguing for a while that edge providers use their power to preference content that squares with their political world view--which they say means censoring conservative content--or that better boosts their bottom lines.

Free State Foundation President Randolph May said in a blog post that while he has issues with Big Tech as well, he is not ready to endorse treating edge providers like common carriers. 

WideOpenWest has announced the continued expansion of its Ohio footrprint, adding availability of its triple-play services to the Cleveland suburb of Parma.

Residents in this market will have access to WOW’s full suite of services, including 1 Gbps broadband.

Parma is part of an Ohio footprint expansion initiated in 2017 by WOW, which has also opened shop in Lyndhurst, Mayfield Heights, Willowwick and Wickcliffe. With the expansion, WOW is now able to reach 200,000 Ohio residents.

Related: WOW Re-Ups Deal with Broadband Analytics Company OpenVault

“Our local teams have worked hard to offer our Internet, cable and phone services to 14 new Ohio communities in just under three years," said Greg Argetsinger, WOW’s VP of operations, in a statement. "We will continue to expand across Ohio, bringing choice and a better customer experience to all our neighbors."