Is Google an airline ticket agent?
Google clearly doesn't think so, and we're inclined to agree.
As we report in the news pages today, a goal of the Transportation Department's (DOT) latest consumer rulemaking is to broaden the definition of the term "ticket agent" so that it would encompass metasearch firms, such as Google and Kayak, that organize and present travel information but refer users to supplier sites or online travel agencies (OTAs) to make a booking.
We think we understand the logic behind the DOT's proposal. To the DOT's way of thinking, if it regulates what consumers see on the booking sites of airlines and airline agents, then it should also be regulating what consumers see on sites that refer consumers to those booking sites.
But logic isn't the only test the DOT has to pass with this rule. There is also the question of need: Is it really necessary for the DOT to extend its jurisdiction to include an entire class of informational travel websites?
The metasearch sites note that the DOT has not made the requisite finding that this rule will serve some purpose if booking sites themselves are already subject to a growing number of DOT protections.
Moreover, we note there are a number of ways that consumers can be referred to a booking site: print media, advertising links, Twitter feeds plus things that haven't been invented yet. Must all of them submit to the DOT's jurisdiction as "ticket agents"?
We are tempted to ask, "Where do you draw the line?" But that's not really the question. The question, which the DOT has not answered, is, "Why must the line be moved?"