Uber Files

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Head office of Uber, San Francisco Uber offices, Mission Bay (July 2020) -2.jpg
Head office of Uber, San Francisco

The Uber Files are a leaked database of Uber's activities in about 40 countries from 2013 to 2017 leaked by former senior executive Mark MacGann, who admits being "partly responsible", [1] and published by The Guardian on 10 July 2022, which shared the database of more than 124,000 files with the International Consortium of Investigative Journalists (ICIJ) and 42 other media outlets. [1] [2] [3] [4] They included e-mails, iMessages and WhatsApp messages sent between its senior leadership, as well as memos, presentations and other internal documents. [5] The documents revealed attempts to lobby powerful figures including George Osborne, former Chancellor of the Exchequer, German chancellor Olaf Scholz during his mayorship in Hamburg, Germany, and U.S president Joe Biden during his vice presidency, along with re-elected French president Emmanuel Macron secretly aiding Uber lobbying in France during his cabinet membership on the French government. The files also document the use of tools such as "greyball", used to mislead local police, and a kill switch deployed during police raids to conceal data. Former Uber CEO Travis Kalanick dismissed concerns from other executives that sending Uber drivers to a protest in France put them at risk of violence from angry opponents in the taxi industry, saying "I think it's worth it, violence guarantees success". [6]

Contents

Contents

Lobbying

Uber executives met with multiple heads of state, often by-passing the mayors and transport authorities who were supposed to regulate them. These included French president Emmanuel Macron, U.S president Joe Biden, Irish prime minister Enda Kenny, Israeli prime minister Benjamin Netanyahu, UK prime minister Boris Johnson and former UK chancellor George Osborne. [6]

Texts between Macron and Uber co-founder Travis Kalanick suggest that Macron might have secretly helped Uber expand in France when he was economy minister, with Macron even telling the company that he had brokered a secret deal with its opponents in the French cabinet. When the French police banned one of Uber's services in Marseille, Macron was reported to have told Mark MacGann, Uber's chief lobbyist in Europe, that he would look into the issue personally. The ban was revoked two days later. [6] [7]

George Osborne, then UK chancellor, was described as "a strong advocate" who "liked to believe that he's responsible for the positive TfL consultation outcome" (Transport for London's decision to drop plans to tighten regulation). [8]

Neelie Kroes, former EU digital chief, was accused of secretly helping Uber by lobbying Dutch politicians, including prime minister Mark Rutte, during her 18-month "cooling-off period" after leaving the European Commission. While she denied any wrongdoing, an Uber lobbyist told colleagues that her relationship was "highly confidential and should not be discussed outside this group”. Another message said that "her name should never figure on a document whether internal or external". At the same time, her request to formally work for Uber was denied by European Commission president Jean-Claude Juncker. [9]

Uber executives also criticised leaders who pushed back against their lobbyists, calling Olaf Scholz (then mayor of Hamburg) "a real comedian" for insisting on drivers getting a minimum wage. [6] Manuel Valls, former prime minister of France, was privately referred to as "enemy #1" and as a "strong-minded" opponent. [7] Kalanick also criticised Joe Biden, then vice-president of the US, for being late for a meeting. [6]

The leaked documents showed that Uber launched a charm offensive targeting leading media barons in Europe and India in order to secure more favorable treatment from their governments. It targeted the owners of publications such as the UK's Daily Mail , France's Les Echos , Italy's La Repubblica and L'Espresso , Germany's Die Welt and Bild , and The Times of India . [10]

According to Le Monde , Uber hired Avisa Partners, known at the time as iStrat, to manipulate public debate in favour of Uber. The leaked documents show that iStrat published 19 fake articles on 13 websites, including Challenges , Les Echos , Le Journal du Net  [ fr ] and Mediapart , during November and December 2014, while a legal case concerning UberPop was being considered by the Tribunal de commerce de Paris. [11]

Kill switch

When Uber offices were raided by police or regulatory agencies, a "kill switch" was used to cut access to the data systems. [6] This technique was used in France, the Netherlands, Belgium, India, Hungary and Romania. E-mails from Kalanick and Europe legal director Zac de Kievit asking IT staff to kill access to computers were reported by The Guardian. For example, it was reported that when the French competition regulator, the DGCCRF, raided Uber's offices in Paris, de Kievit asked an engineer in Denmark to "please kill access now". Similar procedures were used in Brussels and Amsterdam to prevent police accessing evidence. In the Netherlands, de Kievit was taken into custody and fined EUR750 for "non-compliance with an official order". [12]

The company claims the kill switches were not intended to obstruct justice, but rather to protect IP, customer privacy, and due process. It further claimed no data was permanently deleted, and was available for authorities to obtain later. [12]

Greyball

Through the use of a tool named Greyball, Uber was capable of targeting selected individuals, for example local police, with a fake version of the app that displayed fake cars that would never arrive if contacted. This was developed with the intention of evading the law where the company's practices had been deemed illegal. Greyball was deployed in countries including Belgium, the Netherlands, Germany, Spain and Denmark, with the knowledge of senior management such as Kalanick and Pierre-Dimitri Gore-Coty. [13] [14] Uber said that it stopped using the app in 2017. [14]

Taxation

London-based executive Fraser Robinson was asked to move to Amsterdam to persuade UK tax collectors that the company was not partly managed in the UK. (Under UK law, being partly managed in the UK, for example by having senior executives in London, would make a company taxable in the UK.) He refused to move, possibly for family reasons, and stepped down. [8]

Passenger safety

On 5 December 2014, a passenger was assaulted in an Uber cab by its driver in New Delhi. Following this, Uber was temporarily withdrawn and then forced to manage operations through an Indian subsidiary. Uber also ran into disputes with the Reserve Bank of India, the Income Tax department and consumer courts. Following this, a 'kill switch' was used to prevent Indian authorities accessing evidence. Uber Manager Rob van der Woude described the system in an e-mail - "what we did in India is have the city team be as cooperative as possible and have [Uber] BV take the heat. E.g. Whenever the local team was called to provide the information, we shut them down from the system making it practically impossible for them to give out any info despite their willingness to do so. At the same time we kept directing the authorities to talk to [Uber] BV representatives instead." In another mail, Allen Penn, Uber's Asia head, told employees "we will generally stall, be unresponsive, and often say no to what they want. This is how we operate and it’s nearly always the best". [15] The Indian Express also found that in most Uber cabs, safety features mandated by the Delhi Government, such as a panic button, were not present or did not work. [16]

Employee safety

In one exchange, Kalanick was quoted as saying that sending Uber drivers to a protest in France was "worth it", despite the risk of violence from angry taxi drivers. Warned that "extreme right thugs" had infiltrated the protest and were "spoiling for a fight", he was quoted as saying that "violence guarantee[s] success". [6]

The Washington Post reported that the documents, together with interviews with Uber drivers, showed that Uber knowingly created working conditions that resulted in its drivers barely scraping by, and created a system that rewarded drivers for taking routes and schedules that put them at risk of harm in violence-plagued areas. [17]

Reactions

Jill Hazelbaker, Uber's senior vice-president of public affairs, issued a statement: "We have not and will not make excuses for past behaviour that is clearly not in line with our present values. Instead, we ask the public to judge us by what we've done over the last five years and what we will do in the years to come." Travis Kalanick's spokesperson said that Kalanick "never authorised any actions or programs that would obstruct justice in any country" and that he "never suggested that Uber should take advantage of violence at the expense of driver safety". [5]

When questioned by a journalist from Le Monde about his meetings with Uber officials between 2014 and 2016, Macron said he was "proud" to have supported the company, and that he would "do it again tomorrow and the day after tomorrow". [18] French opposition politicians across the political spectrum, as well as the leader of the trade union CGT, called for a parliamentary inquiry into Macron's links to Uber. Fabien Roussel of the French Communist Party described the revelations as "devastating" and "Against all our rules, all our social laws and against workers' rights." [19]

The European Trade Union Confederation called for the suspension of parliamentary access passes for Uber staff, claiming that Uber was "lobbying hard to try and water down EU legislation on the rights of platform workers". [20]

The Italian news agency Agenzia Nazionale Stampa Associata (ANSA) reported that taxi drivers across Italy stopped their vehicles in protest at the revelations on 12 July. [20]

Related Research Articles

In politics, lobbying, or advocacy, is the act of lawfully attempting to influence the actions, policies, or decisions of government officials, most often legislators or members of regulatory agencies, but also judges of the judiciary. Lobbying, which usually involves direct, face-to-face contact in cooperation with support staff that may not meet directly face-to-face, is done by many types of people, associations and organized groups, including individuals on a personal level in their capacity as voters, constituents, or private citizens; it is also practiced by corporations in the private sector serving their own business interests; by non-profits and non-governmental organizations in the voluntary sector through advocacy groups to fulfil their mission such as requesting humanitarian aid or grantmaking; and by fellow legislators or government officials influencing each other through legislative affairs in the public sector. Lobbying or certain practices that share commonalities with lobbying are sometimes referred to as government relations, or government affairs and sometimes legislative relations, or legislative affairs. It is also an industry known by many of the aforementioned names, and has a near complete overlap with the public affairs industry. Lobbyists may be among a legislator's constituencies, for example amateur lobbyists such as a voter or a bloc of voters within their electoral district acting as private citizens; others like professional lobbyists may engage in lobbying as a business or profession; while others are government relations support staff who work on behalf of professional lobbyists but do not actively participate in influencing or meeting face-to-face with targeted personnel enough to be considered registered lobbyists while working in the same professional circles as professional lobbyists who are legally designated as registered lobbyists.

<span class="mw-page-title-main">Uber</span> American ridesharing and delivery company

Uber Technologies, Inc., commonly referred to as Uber, is an American multinational transportation company that provides ride-hailing services, courier services, food delivery, and freight transport. It is headquartered in San Francisco, California, and operates in approximately 70 countries and 10,500 cities worldwide. It is the largest ridesharing company worldwide with over 150 million monthly active users and 6 million active drivers and couriers. It facilitates an average of 28 million trips per day and has facilitated 47 billion trips since its inception in 2010. In 2023, the company had a take rate of 28.7% for mobility services and 18.3% for food delivery.

<span class="mw-page-title-main">Neelie Kroes</span> Dutch politician

Neelie Kroes is a retired Dutch politician of the People's Party for Freedom and Democracy (VVD) and businessperson who served as European Commissioner from 22 November 2004 to 1 November 2014.

<span class="mw-page-title-main">WikiLeaks</span> News leak publishing organisation

WikiLeaks is a media organisation and publisher of leaked documents. It is a non-profit and is funded by donations and media partnerships. It has published classified documents and other media provided by anonymous sources. It was founded in 2006 by Julian Assange, an Australian editor, publisher, and activist, who is currently challenging extradition to the United States over his work with WikiLeaks. Since September 2018, Kristinn Hrafnsson has served as its editor-in-chief. Its website states that it has released more than ten million documents and associated analyses. WikiLeaks' most recent publication of original documents was in 2019 and its most recent publication was in 2021. From November 2022, numerous documents on the organisation's website became inaccessible. In 2023, Assange said that WikiLeaks is no longer able to publish due to his imprisonment and the effect that US government surveillance and WikiLeaks' funding restrictions were having on potential whistleblowers.

<span class="mw-page-title-main">Fossil fuels lobby</span> Lobbying supporting the fossil fuels industry

The fossil fuels lobby includes paid representatives of corporations involved in the fossil fuel industry, as well as related industries like chemicals, plastics, aviation and other transportation. Because of their wealth and the importance of energy, transport and chemical industries to local, national and international economies, these lobbies have the capacity and money to attempt to have outsized influence on governmental policy. In particular, the lobbies have been known to obstruct policy related to environmental protection, environmental health and climate action.

<span class="mw-page-title-main">Lobbying in the United Kingdom</span>

Lobbying in the United Kingdom plays a significant role in the formation of legislation and a wide variety of commercial organisations, lobby groups "lobby" for particular policies and decisions by Parliament and other political organs at national, regional and local levels.

The International Consortium of Investigative Journalists, Inc. (ICIJ), is an independent global network of 280 investigative journalists and over 140 media organizations spanning more than 100 countries. It is based in Washington, D.C., with personnel in Australia, France, Spain, Hungary, Serbia, Belgium and Ireland.

Contents of the United States diplomatic cables leak has depicted Europe and related subjects extensively. The leak, which began on 28 November 2010, occurred when the website of WikiLeaks—an international new media non-profit organisation that publishes submissions of otherwise unavailable documents from anonymous news sources and news leaks—started to publish classified documents of detailed correspondence—diplomatic cables—between the United States Department of State and its diplomatic missions around the world.

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Mediapart is an independent French investigative online newspaper created in 2008 by Edwy Plenel, former editor-in-chief of Le Monde. It is published in French, English and Spanish, and has produced hundreds of investigations over the past 15 years, on political corruption, financial corruption, environmental damage, as well as on social, sexual, and police violence. In March 2021, Mediapart reached more than 220,000 paid subscribers. According to euro|topics, a news aggregator published by the German federal government agency Bundeszentrale für politische Bildung, Mediapart's political orientation is left wing.

<span class="mw-page-title-main">Travis Kalanick</span> American entrepreneur and former CEO of Uber

Travis Cordell Kalanick is an American businessman best known as the co-founder and former chief executive officer (CEO) of Uber. Previously he worked for Scour, a peer-to-peer file sharing application company, and was the co-founder of Red Swoosh, a peer-to-peer content delivery network that was sold to Akamai Technologies in 2007.

<span class="mw-page-title-main">Emmanuel Macron</span> President of France since 2017

Emmanuel Jean-Michel Frédéric Macron is a French politician who has been President of France since 2017. Macron is ex officio one of the two Co-Princes of Andorra. He previously was Minister of Economics, Industry and Digital Affairs under President François Hollande from 2014 to 2016 and Deputy Secretary-General to the President from 2012 to 2014. He is a founding member of Renaissance, a centrist political party.

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References

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