December 21, 2024

A Proposal for E.U.-Wide Data Protection Regulation

PARIS — A top lawmaker on Tuesday proposed harmonizing European Union privacy rules so that an Internet company could operate across the 27-country bloc as long as its data protection policies had been approved by a single member state.

Viviane Reding, vice president of the European Commission, said unnecessary hurdles created by privacy rules that date to 1995, when the Internet was in its infancy, were costing companies €2.3 billion, or $3.1 billion, a year as regulators in 27 different nations applied their own rules.

Ms. Reding acknowledged the apparent incongruity of discussing the harmonization of E.U. rules at a time of extreme discord within the bloc over economic policy, with debt woes straining the ties that bind together the euro zone. But she said an overhaul of the privacy regulations was crucial to increasing the competitiveness of the European economy to help it surmount the crisis.

“I think I am persuaded that while bringing member states out of their debt crises, we have to do everything we can to help our companies grow,” Ms. Reding said during a speech to privacy lawyers and other data protection professionals in Paris.

Ms. Reding said she planned to detail her plans in January in what is expected to be a sweeping overhaul of the 16-year-old Data Protection Directive. Internet companies, which would be most immediately affected by the new rules, have been urging E.U. lawmakers to simplify the existing practice, and mostly welcomed her proposals Tuesday.

“Even more important than the specific regulations is that they need to be the same across the E.U.,” said Peter Fleischer, global privacy counsel at Google.

While praising this aspect of Ms. Reding’s approach, U.S. Internet companies are worried about some of the specifics.

During a separate speech, Ms. Reding said Tuesday that she wanted to give users of social networks and other Web services greater control by, for example, letting them delete personal data or move it to other sites more easily. Companies like Facebook have generally resisted such proposals, fearing this could undermine the development of services like targeted advertising, which relies on the mining of consumer data.

“Individuals should be well informed about privacy policies and their consent needs to be specific and given explicitly,” Ms. Reding said.

Ms. Reding said that under her proposal for uniform, E.U.-wide privacy rules, the data protection officials in individual countries would have to be granted greater power to enforce these laws and to impose penalties on violators. Under the existing system, privacy officials in some countries can only make recommendations.

Jacob Kohnstamm, chairman of a panel that advises the commission on privacy issues, said the Union needed data protection authorities that were “able to bark and bite.”

Mr. Kohnstamm urged the commission to draft the new privacy rules through regulation, a measure that would give E.U. member states little wiggle room in their implementation of the law, rather than via a directive, like the current law, which creates more latitude.

Ms. Reding did not address this issue, but she did reiterate that the new rules would apply to any company operating in the Union, even if it were based outside the bloc. This could create conflicts between the rules in the Union and other jurisdictions, like the United States, where data protection regulations are also under review.

“It does not seem logical to say that data held by a European company is adequately protected while it is inside the borders of the European Union, but not when it is transferred to a different part of that same company in Asia or South America, even if safeguards are put in place,” Ms. Reding said.

Ronald Zink, chief operating officer for E.U. affairs at Microsoft, said that harmonizing policies internationally might be just as important as doing it within the Union, but added: “I think the E.U. data protection laws can be a beacon for the U.S. and around the world. They do a lot of things right.”

Article source: http://feeds.nytimes.com/click.phdo?i=259dbd493d2bed8b5bed7891ae7f834e

DealBook: Nurturing Start-Ups in Brazil, With a Nod to Silicon Valley

Juliano and Monica Ipolito of Elo7 built a relationship with a venture capital firm in São Paulo, Brazil.Paulo Fridman for The New York TimesJuliano and Monica Ipolito of Elo7 built a relationship with a venture capital firm in São Paulo, Brazil.

CAMPINAS, Brazil — When the investment firm Monashees Capital first called Juliano Ipolito, the co-founder of an online handicrafts marketplace, he assumed that he would have to visit the firm in São Paulo.

Brazilian investment firms have traditionally had distant relationships with the companies they finance and are held in low regard by entrepreneurs.

Instead, three Monashees partners, including the co-founders Eric Acher and Fabio Igel, jumped into a car and drove in blistering heat almost 60 miles to Campinas. They spent several hours with Mr. Ipolito and his wife, Monica Ipolito, co-founder of their start-up, Elo7, getting to know them and explaining their role in developing early-stage Internet companies.

Initially, the Ipolitos “did not want to do a deal,” Mr. Igel said, because “they did not need the money and they were happy.”

But the visits to Campinas continued and the relationship grew. Recently, more than seven months after that first call, Elo7 secured Series A financing from Monashees and the American venture capital firm Accel Partners.

The deal illustrates the emergence of an Internet start-up community in Brazil. Home-grown Monashees identified the entrepreneurs, developed the relationship and early on brought in a major Silicon Valley player as a partner to make a rare early-stage investment. That change in the investor-entrepreneur relationship here comes as United States venture capital firms are starting to take notice of Brazil.

During Brazil’s rise, several economic sectors have attained global prominence, but the Internet has been a notable exception. Nasdaq does not have a single Brazilian Internet company listed, and the country’s own exchange has very few.

This is not for a lack of talent. In 2000, Brazilian professors in Minas Gerais created Akwan Information Technologies, which was acquired by Google in 2005 and became the Internet giant’s research and development center in Latin America.

But today’s entrepreneurs are starting to believe their options are wider, so they are building companies for the long haul that can rival multinationals instead of getting consumed by them. This is changing in part because of firms like Monashees.

According to Claudio Vilar Furtado, an authority on Brazilian venture capital and private equity, and professor at Fundação Getulio Vargas, Monashees is among a small group of firms introducing “a new paradigm for the type of relationship that nurtures entrepreneurs in a very positive and value-increasing way.”

Other investment firms include Astella Investimentos, Ideiasnet and FIR Capital. All are filling the void of private sector financing for start-ups.

According to the New York-based Latin America Venture Capital Association, five of 32 venture capital and private equity deals in Brazil in the first half of 2011 were early stage, seed or incubator investments. In 2010, that ratio was 12 of 28.

Monashees today holds $70 million, up from $30 million in July 2010. Investments range from $500,000 to $5 million for the initial round. The most it has invested in a single company via multiple rounds is $7 million. One of the partners, Mr. Acher, says that the firm typically takes 30 percent ownership in a start-up, with a range of 20 to 40 percent.

In 2010, Mr. Acher said that the firm was likely to make just two to three investments per year, because of the time it took to develop relationships. But this year, Monashees has already made at least nine new investments in nine different Brazil-based start-ups. One these new companies, GetNinjas, an online marketplace for services that was founded by two Brazilians, Eduardo L’Hotellier and Diego Dias, began recently.

The unexpected surge in investment opportunities in Brazil for Monashees is partly because entrepreneurship is becoming more accepted as a viable career.

For example, Mr. L’Hotellier, who previously worked at McKinsey Company and Bain Capital, had his pick of corporate jobs, but he chose entrepreneurship.

A second reason is that failure is becoming less of a stigma. Mr. Dias, for instance, tried to start a company in the past but says that, “I was with the wrong partners.”

Yet, after meeting Mr. L’Hotellier, he was willing to try again.

Young Brazilians are also encouraged by their compatriots returning from the United States, like Julio Vasconcellos, a graduate of the University of Pennsylvania and Stanford Business School, who co-founded the country’s first daily deal site, Peixe Urbano, in Rio de Janeiro in 2010, backed by Monashees and Benchmark. Its initial angel investor was Chamath Palihapitiya, who says he has participated in every financing round since.

And even as Brazilians are returning, Monashees has invested for the first time in Americans who, in a role reversal, have come to Brazil seeking greener pastures.

Baby.com.br, an e-commerce site for baby products that started this month, was founded by two Americans, Kimball Thomas and Davis Smith. And they chose a Brazilian V.C. firm over a Silicon Valley one.

Mr. Thomas said that from their initial meetings with Monashees, “it became clear that if we work with these guys, they are with us daily.”

“We knew that we had a highly interested partner that was on the ground with the type of relationships and contacts we needed,” he said. “Otherwise we are just a couple of guys showing up with suitcases of money,” with an idea but unsure how to execute it.

Other investors in the Baby.com.br financing round that Monashees led are Ron Conway’s SV Angel and Mr. Palihapitiya, who has invested in three companies with Monashees.

After the investment round, which raised $3 million, Tiger Global Management contacted Monashees, expressing interest in the company and subsequently adding $1.5 million in April.

“Tiger would not have been interested in us had we not raised money from Monashees,” Mr. Smith said.

Monashees faces numerous challenges, in particular producing its first exit.

“We need to get to liquidity events, and it is going to take some time,” Mr. Acher said. “We still have to prove ourselves.”

And increased competition means that Monashees is losing out on deals for the first time, although that’s an expected result of the sector’s evolution.

Whether Monashees and the start-up scene here will succeed will also depend on their American partners and whether they can adapt.

Accel, which has made two investments with Monashees, also played a crucial role in winning over the Ipolitos, including introducing a Flickr co-founder, Stewart Butterfield, who shared his doubts about taking financing in the photo-sharing site’s early days.

“How we behave will determine how much they trust us in the future,” Kevin Efrusy, an Accel partner, said of this new group of Brazilian entrepreneurs. “If we behave well, we will be able to partner with entrepreneurs there for generations.”

But, he said, “if we behave badly, by optimizing short-term gains and trying to take advantage of people, we will wreck the ecosystem.”

Article source: http://feeds.nytimes.com/click.phdo?i=d2d617876770074c29a7fee91ced0f60

DealBook: Big Banks Lose Ruling on Research

Jin Lee/Bloomberg News

A federal appeals court ruled on Monday that investment banks could not stop a financial Web site from immediately publishing the research recommendations of their stock analysts, delivering a blow to Wall Street and a win for the investing public.

Perhaps more significant, the decision was a victory for Internet companies whose business models depend upon summarizing and commenting on others’ original content. Yet media businesses also cheered the ruling because it left in place legal protections against rogue competitors who copy and resell original news reporting at little or no cost.

“It’s a great decision for the free flow of information in the new media age,” said Kathleen M. Sullivan, a lawyer who filed a brief in the case on behalf of two clients, Google and Twitter.

In a lawsuit closely followed by the world’s largest financial, media and technology businesses, a panel of three judges on the United States Court of Appeals for the Second Circuit in Manhattan ruled that Barclays, Morgan Stanley and Bank of America could not dictate who reported news about their stock research — nor when they reported it.

The decision leaves in place all traditional federal copyright protections. For example, a site can report on the content of Wall Street research, meaning that it could run a headline like “Morgan Stanley’s semiconductor analyst upgrades Intel.” But the site would violate copyright law if it reprinted the analyst’s report on Intel verbatim.

“A firm’s ability to make news — by issuing a recommendation that is likely to affect the market price of a security — does not give rise to a right for it to control who breaks that news and how,” Judge Robert D. Sack wrote in the court’s 88-page opinion.

The ruling reversed a controversial lower court decision made last year that required a financial Web site, theflyonthewall.com, to wait until 10 a.m. to publish news about Wall Street research that had been issued before the stock market’s 9:30 a.m. opening bell. The site was also ordered to delay its headlines during the day by two hours.

The ruling effectively gave the banks’ clients a chance to digest market-moving research before everyone else.

The banks had argued that the Web site’s publishing headlines about a bank’s upgrade or downgrade of a company’s stock — often before the information was fully disseminated to the banks’ clients — was tantamount to stealing intellectual property. They contended that delivering stock recommendations exclusively was key to their business because clients were more likely to trade with them if they learned of a stock recommendation from them rather than elsewhere.

Benjamin E. Marks, a lawyer for the banks, said in a statement that they were “disappointed in the court’s decision, and we are reviewing the decision to determine our next steps.” He added: ”Each of the plaintiffs remains committed to protecting their equity research against unauthorized appropriation.”

The banks’ lawsuit against theflyonthewall.com was based on a legal doctrine called ”hot news misappropriation,” which is meant to protect organizations from stealing original content generated by competitors and reselling it. The original “hot news” doctrine evolved from a famous Supreme Court case in 1918, when The Associated Press successfully prevented the International News Service from appropriating its wire reports on the war in Europe.

With the rise of the Internet and digital media, the largely dormant “hot news” doctrine has become more relevant, as competitors can now copy content and repackage it as their own product with just a few keystrokes.

While the Second Circuit upheld the viability of a “hot news” claim — where one organization copies and resells news originally gathered by another — it said that the banks’ case did not fall within this law. In this instance, the court said, the Web site was not “free-riding” on Wall Street firms’ stock recommendations.

“The firms are making the news; Fly, despite the firms’ understandable desire to protect their business model, is breaking it,” Judge Sack wrote.

Corynne McSherry, a lawyer at the Electronic Frontier Foundation, an Internet freedom advocacy group, said that while the ruling preserves the protections of the “hot news” doctrine, it seems to limit its use.

“While it may have survived this case, it now appears to have been narrowed to within an inch of its life,” Ms. McSherry said.

Media outlets applauded the ruling. The Associated Press, which submitted a brief to the court along with 13 other news organizations, including The New York Times, said in a statement that it viewed the decision “as a victory for the news media and the public.”

“The ruling upholds the traditional protections of the news media against competitors who would copy the gathered news and resell it in direct competition with the original news gatherer,” Andrew L. Deutsch, a lawyer who filed the brief on behalf of the companies. “It preserves the economic incentive to engage in news gathering.”

Lawyers for Google and Twitter had argued that it was antiquated for a court to ban a Web site from immediately disseminating news. A Web site’s swift republishing of facts — whether a bank’s investment recommendation or a scoop from The New York Times — has become a firmly entrenched part of the news reporting ecosystem, they said.

“This ruling acknowledges the reality of new media,” said Ms. Sullivan, the lawyer for the Internet companies. “Hot news goes cold in a nanosecond.”

Theflyonthewall.com, a small outfit in Summit, N.J., has exploited this new reality. The site, which charges $65 a month and has thousands of subscribers, has called itself the “fastest news feed on the web” and ”a one-stop solution for accessing analyst’s comments.” In a statement, the company called the ruling ”a complete victory in its long-running battle with the investment firms.”

Even though the ruling directly affects cases only in the Second Circuit — New York, Connecticut and Vermont — the decision by the influential court is expected to reverberate in cases across the country.

Judge Sack is considered one of the country’s leading experts on copyright law, which could enhance the ruling’s influence.

U.S. Court of Appeals for the Second Circuit ruling in Banks v. The Fly on the Wall

Article source: http://feeds.nytimes.com/click.phdo?i=9690ebe170156835eed3c52078f67387

French Broadcasters Told to Watch What They Say

PARIS — In America, according to the comedian George Carlin, there are seven words to avoid saying on television. In France, the equivalent list has just grown by at least two: “Facebook” and “Twitter.”

Like broadcasters elsewhere, French news anchors sometimes urge viewers or listeners to visit Twitter or Facebook to receive updates or to comment. In a decree issued last week, the regulatory agency that oversees French television and radio said broadcasters should not mention the names of specific Internet companies when doing so, calling this a violation of French rules banning surreptitious advertising.

Instead of mentioning these sites by name, the Conseil Supérieur de l’Audiovisuel said, news readers should merely say something like, “Follow us in the social media.” Such a line, the agency said, would have an “informative” rather than “promotional” character.

The decree attracted little attention until bloggers picked up on it, ridiculing what they saw as an example of the convergence of two stereotypes about French officialdom: that it is fond of regulation and wary about the Internet.

The regulator “does not understood that, more than being brands, Twitter and Facebook are public spaces where 25 percent of the French population discuss and exchange information,” wrote Benoît Raphaël, author of a blog called La Social NewsRoom.

The ruling was issued May 27, only days after Mark Zuckerberg, the chief executive of Facebook, and other Internet executives met with President Nicolas Sarkozy of France at the Elysée Palace in the runup to the Group of 8 summit meeting in Deauville, France.

Mr. Sarkozy called for a “framework” of regulation to govern the Internet globally, an initiative that has drawn resistance from Internet companies.

The decision does not actually bar anchors from mentioning Twitter or Facebook in all cases. If these companies are in the news or if their sites factor into a news story, their names can be uttered, the agency has clarified since the ruling.

“Why do regular promotion for a network that can raise billions of dollars like Facebook and not for another one that has a hard time making itself known?” Christine Kelly, a spokeswoman for the audiovisual regulator, told Agence France-Presse. “We encourage the use of social networks. It’s not a question of banning.”

Article source: http://www.nytimes.com/2011/06/07/technology/07iht-face07.html?partner=rss&emc=rss

DealBook: T. Rowe Price Discloses $190 Million Stake in Facebook

T. Rowe Price has made several recent investments in social media companies, including Facebook and Zynga, according to recent filings.

The value of its Facebook investments, made through various funds, totals $190.5 million (as of the end of March), according to calculations made by DealBook from data on T. Rowe’s Web site. T. Rowe Price confirmed the value to DealBook.

Although the firm did not disclose exactly how much it paid for its shares, the current value is close to the initial investment since the stakes were purchased in March. T. Rowe Price’s funds also had investments in Zynga worth $71.8 million and in Groupon worth $86.8 million.

Although the holdings represent a small fraction of T.Rowe’s investments — the firm has some $482 billion in assets under management — T.Rowe has become increasingly aggressive in the social media and larger technology sectors. In 2009, T. Rowe participated in a $100 million round for Twitter, with Insight Venture Partners, Benchmark Capital and Morgan Stanley. Since then, the firm has courted several fast-growing social-centric start-ups.

According to data on its site, T. Rowe’s investments in social Internet companies is worth more than half a billion dollars, spread across more than a dozen funds.  Still, no individual holdings represents more than 1 percent of any fund.

The firm’s investment in Ning is worth about $10 million, its stake in Angie’s List is valued at $35 million, its stake in YouKu.com is valued at $114 million, and the 2009 investment in Twitter is now worth nearly $67 million, according to data on its site.

Article source: http://feeds.nytimes.com/click.phdo?i=b59ccb035796124174fafa80c39bc02c

Antitrust Cry From Microsoft

Microsoft plans to file a formal antitrust complaint on Thursday in Brussels against Google, its first against another company. Microsoft hopes that the action may prod officials in Europe to take action and that the evidence gathered may also lead officials in the United States to do the same.

In Europe, Microsoft is joining a chorus of complaints, but until now they have come mainly from small Internet companies saying that Google’s search engine unfairly promotes its own products, like Google Product Search, a price comparison site, over rival offerings.

The Internet and smartphones are the markets where energy, investment and soaring stock prices reside. Microsoft, still immensely wealthy, is pouring billions into these fast-growing fields, especially Internet search. Yet the champion of the PC era trails well behind Google.

“The company that was the 800-pound gorilla is now resorting to antitrust, where it is always the case that the also-rans sue the winners,” said Michael A. Cusumano, a professor at the Massachusetts Institute of Technology’s Sloan School of Management who has studied Microsoft.

The Microsoft complaint, Professor Cusumano notes, is also a reminder of the comparative speed with which fortunes can shift in fast-moving technology markets. “It doesn’t happen instantly, but it does happen faster than in most industries,” Professor Cusumano said. “It took Google about a decade to really turn the tables on Microsoft.”

For years, the swaggering giant of personal computer software battled competitors and antitrust regulators in America and abroad, parrying their claims that it had bullied rivals and abused its market muscle. In the United States, it suffered rulings against it and in 2001 reached a settlement that prohibited Microsoft from certain strong-arm tactics. In Europe, Microsoft absorbed setbacks and record fines from regulators and judges.

Still, irony has no place in antitrust doctrine. Microsoft’s complaint must be weighed on the merits, as part of a wide-ranging antitrust investigation of Google, begun last year and led by Europe’s competition commissioner, Joaquín Almunia.

The litany of particulars in Microsoft’s complaint, the company’s lawyers say, includes claims of anticompetitive practices by Google in search, online advertising and smartphone software. But a central theme, Microsoft says, is that Google unfairly hinders the ability of search competitors — and Microsoft’s Bing is almost the only one left — from examining and indexing information that Google controls, like its big video service YouTube.

Such restraints, Microsoft contends, undermine competition — and thus pose a threat to consumer choice and better prices for online advertisers.

When told of the Microsoft claims, Adam Kovacevich, a Google spokesman, denied that the company had done anything wrong and said its practices did not deny Microsoft access to Google technology and content.

Though it is making an antitrust claim, Microsoft is also claiming a bit of hypocrisy on Google’s part. In an interview, Bradford L. Smith, Microsoft’s general counsel, cited Google’s stated mission to “organize the world’s information and make it universally accessible and useful.”

“That is a laudable goal,” Mr. Smith said. “But it appears Google’s practice is to prevent others from doing the same thing. That is unlawful and it raises serious antitrust issues.”

Google’s strategy, he adds, seems to be to “wall off content so that it cannot be crawled and searched by competing companies.”

In smartphones — sources of increasing volumes of search traffic — Microsoft says Google is withholding technical information needed to let phones using Windows Phone 7 software have a rich, full-featured application for YouTube. That technical information, Microsoft says, is available not only in Google’s Android software but also Apple iPhones, as part of a deal dating back to when Google’s chief executive, Eric E. Schmidt, was on the Apple board. (He resigned in 2009, after the Federal Trade Commission raised questions about the arrangement.)

Mr. Kovacevich said that about two years ago, the company decided to make an improved version of YouTube available for all mobile devices instead of tailoring it to each company on smartphone applications, as it did earlier with Apple.

Microsoft also contends that Google has set up what amount to technical roadblocks so that Microsoft’s Bing search service cannot examine and index up to half of the videos on YouTube.

Another Microsoft claim focuses on Google’s ad contracts. Its contracts prohibit advertisers and online agencies from using third-party software that could instantly compare results and move advertisers’ data from one ad platform to another — from Google’s Adwords to Microsoft’s Adcenter, for example.

Article source: http://feeds.nytimes.com/click.phdo?i=c7408713451c5584a31e84492249ed6f

DealBook: Is It a New Tech Bubble? Let’s See if It Pops

Banks pouring money into technology funds, wealthy clients and institutions clamoring to get pieces of start-ups, expectations of stock market debuts building — as Wall Street’s machinery kicks into second gear, some investors with memories of the Internet bust a decade earlier are wondering whether this sudden burst of activity spells danger for the industry once again.

With all this exuberance, valuations are soaring. Investments in Facebook and Zynga have more than quintupled the implied worth of each company in the last two years. The social shopping site Groupon is said to be considering an initial public offering that would value the company at $25 billion. Less than a year ago, the company was valued at $1.4 billion.

“I worry that investors think every social company will be as good as Facebook,” said Roger McNamee, a managing director of Elevation Partners and an investor in Facebook, who co-founded the private equity fund Silver Lake Partners in 1999 at the height of the boom. “You have an attractive set of companies right now, but it would be surprising if the next wave of social companies had as much impact as the first.”

Funds set up by Goldman and JPMorgan Chase have invested in Internet start-ups like Facebook and Twitter or in funds with stakes in those start-ups. Even the mutual fund giants Fidelity Investments and T. Rowe Price have stepped up their efforts, placing large bets on companies like Groupon and Zynga.

Thomas Weisel, founder of an investment bank called the Thomas Weisel Partners Group that prospered in the first Internet boom, says he is “astounded” by the amount of money now flooding the markets.

“I think it’s much greater today,” he said. “The pools of capital that are looking at these Internet companies are far greater today than what you had in 2000.”

Yet there are notable differences between the turn-of-the-century dot-com boom and now. For one, the stock market is not glutted with offerings. In 1999, there were 308 technology I.P.O.’s, making up about half of that year’s offerings, according to data from Morgan Stanley. In 2010, there were just 20 technology I.P.O.’s, based on Thomson Reuters data.

More important, the tech start-ups that have attracted so much interest from investors have real businesses — not just eyeballs and clicks. Companies like Facebook have fast-growing revenue. Groupon, which has been profitable since June 2009, is on track to take in billions in revenue this year. And since 1999, when 248 million people were online (less than 5 percent of the world’s population), broadband Internet and personal computing have become mainstream. About one in three people are online, or roughly two billion users, according to data from Internet World Stats, a Web site that compiles such numbers.

“In those days, you had tiny, little companies going public that hardly had a business plan,” Stefan Nagel, associate finance professor at Stanford University, said. “And now you’re talking about only a few companies — companies that are already global and with revenue.”

With such a small, elite group, the potential fallout if things go badly would be limited, some investors say. “Yes, we have a frenzy again,” said Lise Buyer, a principal of the Class V Group, an advisory firm for companies considering initial public offerings. “But the frenzy is on a very select group of companies. Facebook is clearly Secretariat, but there are a few other championship horses they are looking to bet on.”

For Wall Street, the initial attraction to Internet start-ups in the 1990s was the opportunity to earn fees from taking the companies to market. At its peak in 1999, the industry made $1.3 billion in underwriting fees, according to data from Thomson Reuters.

But as enthusiasm surged, many firms also rushed to make investments for their clients and themselves through special-purpose funds and direct investments. And in many cases the banks got burned just as ordinary investors did.

“The investment pools that we did back in 2000 did extremely poorly, because many of those companies went from filing an I.P.O. to bankruptcy courts in a matter of months,” said Mr. Weisel, whose firm was acquired by Stifel Financial last year.

In 1998, Goldman Sachs Capital Partners, the bank’s private equity arm, began a new, $2.8 billion fund largely geared toward Internet stocks. Before that fund, the group had made fewer than three dozen investments in the technology and communications sectors from 1992 to mid-1998, according to Goldman Sachs documents about the fund.

But between 1999 and 2000, the new fund made 56 technology-related investments, of about $27 million on average. In aggregate, the fund made $1.7 billion in technology investments — and lost about 40 percent of that after the bubble burst. (The group, which manages the money of pensions, sovereign wealth funds and other prominent clients, declined the opportunity to invest in Facebook early this year.)

Philip A. Cooper, who in 1999 was head of a separate Goldman Sachs group that managed fund of funds and other investments, recalled that investors were clamoring, “We want more tech, we want more.” Bowing to pressure, he created a $900 million technology-centric fund in 1999, and within eight weeks he had nearly $2 billion in orders. Despite the frenzy, he kept the cap at $900 million.

“There was a lot of demand, but we couldn’t see any way we could prudently put that much capital to work,” said Mr. Cooper, who has since left Goldman.

Other Wall Street firms, including JPMorgan Chase and Morgan Stanley, also made a number of small to midsize investments during the period. In 1999, for instance, Morgan Stanley joined Goldman Sachs and others in a $280 million investment in CarsDirect.com, which scrapped its initial plans to go public when the market deteriorated.

“We thought we were going to double our money in just a couple of weeks,” said Howard Lindzon, a hedge fund manager of Lindzon Capital Partners and former CarsDirect.com investor. “No one did any due diligence.” Mr. Lindzon lost more than $200,000 on his investment.

Also in 1999, Chase Capital Partners (which would later become part of JPMorgan Chase) invested in Kozmo.com — an online delivery service that raised hundreds of millions in venture funding. JPMorgan Chase, which just recently raised $1.2 billion for a new technology fund, at the time called Kozmo.com “an essential resource to consumers.” At its height, the company’s sprawling network of orange bike messengers employed more than a thousand people. Less than two years later, it ceased operations.

An online grocer, Webvan, was one of the most highly anticipated I.P.O.’s of the dot-com era. The business had raised nearly $1 billion in start-up capital from institutions like Softbank of Japan, Sequoia Capital and Goldman Sachs. Goldman, its lead underwriter, invested about $100 million.

On its first day, investors cheered as Webvan’s market value soared, rising 65 percent to about $8 billion at the close. Less than two years later, Webvan was bankrupt.

About the same time, Internet-centric mutual funds burst onto the scene. From just a handful in early 1999, there were more than 40 by the following year. One fund, the Merrill Lynch Internet Strategies fund, made its debut in late March 2000 — near the market’s peak — with $1.1 billion in assets. About one year later, the fund, with returns down about 70 percent, was closed and folded into another fund.

“We all piled into things that were considered hot and sexy,” said Paul Meeks, who was the fund’s portfolio manager. Mr. Meeks started six tech funds for Merrill Lynch from 1998 to 2000.

Today, the collective amount of money that Wall Street banks are pumping into Internet start-ups, on top of the surging cash piles from venture capital groups, hedge funds and private equity, is a major concern for some investors.

Over the last five months, many venture capital players have raised giant amounts of capital. One Facebook investor, Accel Partners, is about to raise $2 billion for investments in China and the United States, while Bessemer Venture Partners is said to be closing in on $1.5 billion for a new fund. Greylock Partners, Sequoia Capital, Andreessen Horowitz and Kleiner Perkins Caufield Byers have collectively raised more than $3 billion in the last six months.

Mr. Weisel, who has also been tracking hedge fund activity, finds the numbers dizzying. Countless hedge funds are investing in private placements — “dozens and dozens of hedge funds are doing the same thing,” he said.

As cash continues to pile up, the fear is that all this money cannot be put to work responsibly. With only a few perceived “winners,” some investors must be choosing losers or paying too much, Mr. Meeks said.

“When you see the valuations being bandied about — I do think, boy, these better be really special companies.”

Peter Lattman contributed reporting.

Article source: http://feeds.nytimes.com/click.phdo?i=e8ae74888abbf1e7254715dd54f86d80