Newly discovered emails reveal how Google and Amazon used their access to the Office of the U.S. Trade Representative to try to undermine foreign regulations, including efforts to protect traditional news organizations. are.
In May 2023, Google enlisted the USTR's help in its fight to break, or at least water down, Canada's online news law, which took effect last December. The law requires Google and Facebook's parent company Meta to pay publishers for the right to display their content online. In response, Mehta left Canada.
In the same month, Google's head of trade policy, Nicholas Bramble, appointed Andrea Boron, senior director of services and digital trade, Rob Tanner, deputy assistant to the U.S. Trade Representative, and Randall Oliver, director of Canada affairs. He sent an email to several USTR staff requesting a meeting to discuss “future developments regarding Canada.”
According to the email, USTR granted the request for a meeting, and the meeting was held just four business days later. On June 5, USTR's Boron thanked Google staff for their time and asked them to share “Google's public comments” detailing their objections and concerns about the Online News Act.
Bramble responded with a link to a “list of key concerns and proposed amendments” that Google provided to Canadian lawmakers.
This private email exchange shows that by maintaining a “revolving door” relationship with a key federal agency, Demand, Big Tech companies are trying to “hijack U.S. trade policy” for their own benefit. It provides a glimpse into what the targeted group describes as a “shadow war.” the nonprofit advocacy group Progress said in a report on the email.
The Canadian documents include a transcript of public testimony in which Google's vice president of news, Richard Gringas, warned that the company would “reconsider” providing news content in Canada if the law takes effect. was. Google also provided Financial Times Opinion Article They claimed to support “other, less conflictual solutions.”
The messages were part of a series of emails between Google and Amazon executives and USTR officials between May 2023 and April 2024. They were obtained through a Freedom of Information Act request by Demand Progress and provided exclusively to The Post.
“Giant corporations are taking over the government, bypassing the Senate-confirmed Office of the U.S. Trade Representative, replacing policy priorities that serve us all with new policies that serve no one but giant corporations and their shareholders.” We cannot allow them to be replaced,” the group added.
In an email last September, Google's Bramble asked USTR if it could provide a “quick update” on Canadian law. The next day, USTR's Boron answered the call and said, “I would love to hear the latest information.''
After fighting tooth and nail to weaken or repeal the bill, and even threatening to remove news content entirely, Google finally struck a last-minute deal with Canada last November, giving news organizations $74 million. agreed to pay.
Google extracted concessions by securing the right to negotiate with a consortium of local news organizations, rather than negotiating with each news organization individually. Google's chief legal officer, Kent Walker, took a victory lap, saying, “We are pleased that the Canadian government is committed to addressing our core issues.”
Asked about the email, Google spokesperson Jose Castañeda said in a statement: “We regularly consult with government officials on many issues, especially those that may harm U.S. consumers or interests. ” he said.
Castañeda added: “Publicly and privately, we share and will continue to share concerns about foreign government policies that disadvantage American businesses.”
A USTR spokesperson said Secretary Katherine Tai and her team's “work over the past three and a half years demonstrates an unwavering dedication to workers and standing up for their rights.”
“The Biden-Harris administration's trade policy is specifically aimed at giving workers a seat at the table after decades of neglect,” the spokesperson added.
Watchdog groups say Big Tech companies are using their influence with the USTR and other federal agencies to shape a permissive regulatory policy model that protects their interests at the expense of smaller competitors at home and abroad. warns.
Critics say the effort, if successful, could undermine future efforts by Congress and states to pass antitrust laws.
Dan Guerdon, former chief of staff to Sen. Elizabeth Warren (D-Mass.), said, “American corporations are not monolithic, and the USTR often promotes the interests of American monopolies or protects small businesses and consumers.'' “We are forced to choose whether to advance the interests of others.” ).
Also in August 2023, USTR's Daniel Fumagalli sent an email to staff at Amazon and Google announcing that they would be working on a project in Japan aimed at helping the country's cloud computing companies compete for government contracts. asked for their views on the proposal and explained “how problematic this change might be for you.”
Fumagalli's email to Amazon appears to have been addressed to Mary Thornton, who at the time was head of trade and export control policy for the e-commerce giant's cloud division. Prior to joining Amazon, Mr. Thornton was a director at USTR.
The friendly relationship between Amazon and federal government agencies was also on display at a networking event in May 2023.
USTR's Boron directly emailed Kate Kartkiewicz, Amazon's head of U.S. trade policy, to set up a call ahead of Amazon's meeting with Brazil's communications regulator ANATEL.
Prior to joining Amazon, Mr. Kartkiewicz served as USTR's director for Brazil.
At the time, ANATEL was considering regulations affecting Amazon and other Big Tech platforms.
“I would appreciate it if you had something to share,” Boron wrote.
When asked for comment, an Amazon spokesperson said: “Like many other American companies making significant investments and job creation in this country, we advocate on issues that matter to our customers and sellers. “This includes maintaining open lines of communication with national authorities.” level of government. ”
Emily Peterson-Cassin, director of corporate power at Demand Progress, said the message is that Google and other Big Tech companies are reaching out to the U.S. Trade Representative at a level that other policy advocates just don't get. This indicates that they are enjoying access to
“It's their job to work for the public good,” Peterson-Cassin said. “It's not their job to work for the benefit of Big Tech.”
Although their names don't appear in the email thread, Google is currently hiring several high-level policy staffers who previously worked at the Office of the U.S. Trade Representative.
For example, Karan Bhatia served as deputy U.S. Trade Representative from 2005 to 2007 and became Google's head of public policy and government relations in 2018.
Last November, Insider reported Mr. Bhatia's name frequently appeared in a separate series of emails between Google and the USTR, including messages related to the Online News Act, the company said.
This situation has attracted the attention of Congress.
In a letter from April 2023 Democratic caucuses have called on Tai and Commerce Secretary Gina Raimondo to label the online news law “unlawful trade discrimination” and seek to repeal it while negotiating an international trade agreement called the Indo-Pacific Agreement. He criticized the efforts of the group. An economic framework for prosperity.
Since becoming U.S. trade representative in 2021, Tai has worked to counter this dynamic and “resisted forces that seek to skew trade policy in favor of big business,” Peterson-Cassin said. It is said that he has done so.
“This is exactly the leadership we need going forward,” Peterson-Cassin added.
Google and Amazon are scrambling to avoid regulatory crackdowns that could upend their business models in many ways. Both companies have faced unprecedented antitrust scrutiny in the United States and abroad for allegedly trying to stifle their rivals, as well as legislative actions in each country aimed at curbing their dominance. I have also received
In August, a federal judge ruled that Google had an illegal monopoly on online search.
Another Justice Department lawsuit challenging Google's dominance in digital advertising is scheduled for closing arguments in November.
Elsewhere, the Federal Trade Commission is suing Amazon.
