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| How Tech’s Lobbyists Are Using the Pandemic to Make Gains | How Tech’s Lobbyists Are Using the Pandemic to Make Gains |
| (about 16 hours later) | |
| WASHINGTON — Last month, lobbying groups representing advertising giants like Google and Facebook asked California’s attorney general to wait to enforce the state’s new online privacy rules given the coronavirus ripping around the world. | WASHINGTON — Last month, lobbying groups representing advertising giants like Google and Facebook asked California’s attorney general to wait to enforce the state’s new online privacy rules given the coronavirus ripping around the world. |
| In Washington, lobbyists representing cloud computing giants like Amazon pushed for more money to help federal employees work remotely. | In Washington, lobbyists representing cloud computing giants like Amazon pushed for more money to help federal employees work remotely. |
| And Uber began reframing a longtime campaign to avoid classifying its drivers as full-time employees through the urgency of a mounting public health crisis. | And Uber began reframing a longtime campaign to avoid classifying its drivers as full-time employees through the urgency of a mounting public health crisis. |
| The coronavirus has created an opportunity for tech companies and their lobbying operations to quietly push for long-held goals in the frantic political and economic environment created by the outbreak. | The coronavirus has created an opportunity for tech companies and their lobbying operations to quietly push for long-held goals in the frantic political and economic environment created by the outbreak. |
| In some cases, groups or lobbyists representing companies like Google and Facebook have pursued changes, like the delay in California’s privacy law enforcement, that they were already hoping for before the pandemic. Others representing companies such as Amazon have asked for regulatory changes to benefit their businesses where demand is now soaring because of the outbreak. | In some cases, groups or lobbyists representing companies like Google and Facebook have pursued changes, like the delay in California’s privacy law enforcement, that they were already hoping for before the pandemic. Others representing companies such as Amazon have asked for regulatory changes to benefit their businesses where demand is now soaring because of the outbreak. |
| “It’s certainly opportunistic,” said Daniel Auble, the senior researcher at the Center for Responsive Politics, a research organization that tracks money in politics. “Everybody’s searching for every way that they can get some kind of assistance, whether it’s cash or delaying a regulation that will cost them money to implement, and may or may not have an effect on their performance during the crisis in essential ways.” | “It’s certainly opportunistic,” said Daniel Auble, the senior researcher at the Center for Responsive Politics, a research organization that tracks money in politics. “Everybody’s searching for every way that they can get some kind of assistance, whether it’s cash or delaying a regulation that will cost them money to implement, and may or may not have an effect on their performance during the crisis in essential ways.” |
| While many industries rocked by the virus have recently asked Congress for direct financial assistance, tech companies’ requests are striking because Silicon Valley has not suffered from the same devastation as businesses in areas like travel or retailing. | While many industries rocked by the virus have recently asked Congress for direct financial assistance, tech companies’ requests are striking because Silicon Valley has not suffered from the same devastation as businesses in areas like travel or retailing. |
| Instead, tech services are increasingly in demand as millions of people work and socialize from home to avoid being infected by the coronavirus. Amazon orders have soared so much that the company has put a priority on shipping essential items like soap, food and toilet paper. Google has provided temporary free access to some of its remote work tools. And Facebook’s traffic has surged. | Instead, tech services are increasingly in demand as millions of people work and socialize from home to avoid being infected by the coronavirus. Amazon orders have soared so much that the company has put a priority on shipping essential items like soap, food and toilet paper. Google has provided temporary free access to some of its remote work tools. And Facebook’s traffic has surged. |
| “Amazon, Google and Facebook are very well positioned,” said John Blackledge, a tech analyst at Cowen, adding that the companies have substantial cash reserves to weather an economic downturn. | “Amazon, Google and Facebook are very well positioned,” said John Blackledge, a tech analyst at Cowen, adding that the companies have substantial cash reserves to weather an economic downturn. |
| Tech lobbyists have nonetheless seized the moment. In the weeks before the virus swept the United States, groups representing Google, Facebook and Twitter already wanted the California attorney general, Xavier Becerra, to wait to enforce the state’s new privacy rules until 2021. | Tech lobbyists have nonetheless seized the moment. In the weeks before the virus swept the United States, groups representing Google, Facebook and Twitter already wanted the California attorney general, Xavier Becerra, to wait to enforce the state’s new privacy rules until 2021. |
| The law, known as the California Consumer Privacy Act, requires businesses to give people a copy of the data that has been collected about them, as well as the ability to delete it. Companies have complained that the rules would place too many obligations on businesses. The law went into effect this year, but California will not start enforcing it until July. | The law, known as the California Consumer Privacy Act, requires businesses to give people a copy of the data that has been collected about them, as well as the ability to delete it. Companies have complained that the rules would place too many obligations on businesses. The law went into effect this year, but California will not start enforcing it until July. |
| “We thought even before this that there should be a delay,” said Dan Jaffe, the group executive vice president of the Association of National Advertisers, because of the slow speed with which the rules were being enacted. Now the pandemic has added urgency to the groups’ request, he said. | “We thought even before this that there should be a delay,” said Dan Jaffe, the group executive vice president of the Association of National Advertisers, because of the slow speed with which the rules were being enacted. Now the pandemic has added urgency to the groups’ request, he said. |
| In a letter on March 17 addressed to Mr. Becerra, more than 30 groups, including lobbying blocs for non-internet businesses, said many “companies have instituted mandatory work-from-home measures to limit community spread of the virus, meaning that the individuals who are responsible for creating processes to comply” with the law weren’t in the office to work on the issue. They asked him to wait to enforce the rules until 2021. | In a letter on March 17 addressed to Mr. Becerra, more than 30 groups, including lobbying blocs for non-internet businesses, said many “companies have instituted mandatory work-from-home measures to limit community spread of the virus, meaning that the individuals who are responsible for creating processes to comply” with the law weren’t in the office to work on the issue. They asked him to wait to enforce the rules until 2021. |
| “If you’re on a ventilator, you’re not going to be doing a lot to be responding to a regulatory demand,” Mr. Jaffe said. “I’m not trying to pretend that that’s yet the situation, but those are real-world things that could happen.” | “If you’re on a ventilator, you’re not going to be doing a lot to be responding to a regulatory demand,” Mr. Jaffe said. “I’m not trying to pretend that that’s yet the situation, but those are real-world things that could happen.” |
| An adviser to Mr. Becerra, speaking on the condition of anonymity, said his office was still committed to enforcing the rules starting this summer. (This week, Gavin Newsom, the governor of California, delayed some regulatory processes in light of the virus.) | An adviser to Mr. Becerra, speaking on the condition of anonymity, said his office was still committed to enforcing the rules starting this summer. (This week, Gavin Newsom, the governor of California, delayed some regulatory processes in light of the virus.) |
| Facebook, Google and Twitter, which are represented by some of the groups that signed the letter, declined to comment. | Facebook, Google and Twitter, which are represented by some of the groups that signed the letter, declined to comment. |
| Other companies with growing demand for their products have pushed for deregulation or other government action that would benefit them, arguing it would improve the response to the virus crisis. | Other companies with growing demand for their products have pushed for deregulation or other government action that would benefit them, arguing it would improve the response to the virus crisis. |
| Trade associations representing drone makers like Amazon and the Alphabet subsidiary Wing have tried to expedite approval for airborne deliveries — or waive approvals altogether — and eliminate prohibitions on the circumstances under which the devices can be operated. | Trade associations representing drone makers like Amazon and the Alphabet subsidiary Wing have tried to expedite approval for airborne deliveries — or waive approvals altogether — and eliminate prohibitions on the circumstances under which the devices can be operated. |
| Amazon and Wing declined to comment. | Amazon and Wing declined to comment. |
| Instacart, the delivery start-up that recently announced it would hire 300,000 more grocery delivery contractors to meet new demand, said it had told policymakers that one of its priorities was expanding a pilot program where customers can use federal food services, like the Supplemental Nutrition Assistance Program, to buy goods online. | Instacart, the delivery start-up that recently announced it would hire 300,000 more grocery delivery contractors to meet new demand, said it had told policymakers that one of its priorities was expanding a pilot program where customers can use federal food services, like the Supplemental Nutrition Assistance Program, to buy goods online. |
| Several lobbying groups representing the cloud computing industry, including Amazon and Google, have also encouraged federal officials to grant faster approvals for the services to be adopted in light of the virus or to provide more funding for federal employees to work from home. | Several lobbying groups representing the cloud computing industry, including Amazon and Google, have also encouraged federal officials to grant faster approvals for the services to be adopted in light of the virus or to provide more funding for federal employees to work from home. |
| Matthew Cornelius, a former federal official who leads the Alliance for Digital Innovation, which represents Amazon and Salesforce, said rapid spread of telework in the federal government validated the industry’s argument that agencies should be able to more quickly use their products. | Matthew Cornelius, a former federal official who leads the Alliance for Digital Innovation, which represents Amazon and Salesforce, said rapid spread of telework in the federal government validated the industry’s argument that agencies should be able to more quickly use their products. |
| He hopes that after the immediate shock of the virus passes, he said, the government and industry will look at lessons in how the government can increasingly do work in the cloud. | He hopes that after the immediate shock of the virus passes, he said, the government and industry will look at lessons in how the government can increasingly do work in the cloud. |
| “I think this is a tremendous opportunity,” he said. | “I think this is a tremendous opportunity,” he said. |
| Uber, too, has cast a long-waged policy fight as newly urgent in light of the coronavirus. For years, the ride-hailing company, whose drivers are contractors, has resisted calls to make them full-time employees. Federal law does not require companies to give contractors certain benefits and protections, like health insurance, which can be expensive for companies to provide. | Uber, too, has cast a long-waged policy fight as newly urgent in light of the coronavirus. For years, the ride-hailing company, whose drivers are contractors, has resisted calls to make them full-time employees. Federal law does not require companies to give contractors certain benefits and protections, like health insurance, which can be expensive for companies to provide. |
| Last year, California lawmakers approved a measure meant to provide employment protections to contractors, over the continued objections of Uber, Lyft and others. | Last year, California lawmakers approved a measure meant to provide employment protections to contractors, over the continued objections of Uber, Lyft and others. |
| In recent days, Dara Khosrowshahi, Uber’s chief executive, has said the virus crisis shows the importance of creating a new classification for workers who are neither employees nor contractors, something the company pushed for before the pandemic took shape. | In recent days, Dara Khosrowshahi, Uber’s chief executive, has said the virus crisis shows the importance of creating a new classification for workers who are neither employees nor contractors, something the company pushed for before the pandemic took shape. |
| Last week, Mr. Khosrowshahi wrote a letter to President Trump, calling for the so-called third way approach. He has also spoken to lawmakers on Capitol Hill, including Senator Chuck Schumer of New York, the Democratic leader, since the outbreak began. | Last week, Mr. Khosrowshahi wrote a letter to President Trump, calling for the so-called third way approach. He has also spoken to lawmakers on Capitol Hill, including Senator Chuck Schumer of New York, the Democratic leader, since the outbreak began. |
| Updated June 16, 2020 | |
| The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave. | |
| So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement. | So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement. |
| Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks. | Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks. |
| A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study. | A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study. |
| The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April. | The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April. |
| Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission. | Mass protests against police brutality that have brought thousands of people onto the streets in cities across America are raising the specter of new coronavirus outbreaks, prompting political leaders, physicians and public health experts to warn that the crowds could cause a surge in cases. While many political leaders affirmed the right of protesters to express themselves, they urged the demonstrators to wear face masks and maintain social distancing, both to protect themselves and to prevent further community spread of the virus. Some infectious disease experts were reassured by the fact that the protests were held outdoors, saying the open air settings could mitigate the risk of transmission. |
| States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people. | States are reopening bit by bit. This means that more public spaces are available for use and more and more businesses are being allowed to open again. The federal government is largely leaving the decision up to states, and some state leaders are leaving the decision up to local authorities. Even if you aren’t being told to stay at home, it’s still a good idea to limit trips outside and your interaction with other people. |
| Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days. | Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days. |
| If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.) | If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.) |
| Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications. | Taking one’s temperature to look for signs of fever is not as easy as it sounds, as “normal” temperature numbers can vary, but generally, keep an eye out for a temperature of 100.5 degrees Fahrenheit or higher. If you don’t have a thermometer (they can be pricey these days), there are other ways to figure out if you have a fever, or are at risk of Covid-19 complications. |
| The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing. | The C.D.C. has recommended that all Americans wear cloth masks if they go out in public. This is a shift in federal guidance reflecting new concerns that the coronavirus is being spread by infected people who have no symptoms. Until now, the C.D.C., like the W.H.O., has advised that ordinary people don’t need to wear masks unless they are sick and coughing. Part of the reason was to preserve medical-grade masks for health care workers who desperately need them at a time when they are in continuously short supply. Masks don’t replace hand washing and social distancing. |
| If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others. | If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others. |
| If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested. | If you’re sick and you think you’ve been exposed to the new coronavirus, the C.D.C. recommends that you call your healthcare provider and explain your symptoms and fears. They will decide if you need to be tested. Keep in mind that there’s a chance — because of a lack of testing kits or because you’re asymptomatic, for instance — you won’t be able to get tested. |
| Privately, Uber has gone further. The company has asked lawmakers to shield it from lawsuits over how its drivers are classified if it provides the drivers with medical supplies or compensation during the pandemic, according to a mid-March email obtained by The New York Times. A labor lawyer recently asked courts in California and Massachusetts to reclassify Uber and Lyft drivers as employees in light of the crisis. | Privately, Uber has gone further. The company has asked lawmakers to shield it from lawsuits over how its drivers are classified if it provides the drivers with medical supplies or compensation during the pandemic, according to a mid-March email obtained by The New York Times. A labor lawyer recently asked courts in California and Massachusetts to reclassify Uber and Lyft drivers as employees in light of the crisis. |
| An Uber spokeswoman, Susan Hendrick, said in an email that a so-called safe harbor provision to shield the company from lawsuits would let it provide benefits to drivers until the law was permanently changed. | An Uber spokeswoman, Susan Hendrick, said in an email that a so-called safe harbor provision to shield the company from lawsuits would let it provide benefits to drivers until the law was permanently changed. |
| Lyft said in a statement that it was not proactively seeking such a safe harbor from lawsuits but that it would back one. | Lyft said in a statement that it was not proactively seeking such a safe harbor from lawsuits but that it would back one. |
| The idea pushed by Uber has gained traction in Congress. Last week, a bipartisan group of lawmakers sent congressional leaders a letter asking for the legal shield that the ride-hailing companies support. | The idea pushed by Uber has gained traction in Congress. Last week, a bipartisan group of lawmakers sent congressional leaders a letter asking for the legal shield that the ride-hailing companies support. |
| Some in the tech industry are sensitive to any appearance they are seizing on a crisis for their own gain. | Some in the tech industry are sensitive to any appearance they are seizing on a crisis for their own gain. |
| Aaron Cooper, vice president for global policy at BSA, an enterprise software trade group, said it believed that increased sharing of private and public data could help improve the response to the virus. But he bristled when asked if BSA was lobbying to trim regulations that might hold that kind of sharing back. | Aaron Cooper, vice president for global policy at BSA, an enterprise software trade group, said it believed that increased sharing of private and public data could help improve the response to the virus. But he bristled when asked if BSA was lobbying to trim regulations that might hold that kind of sharing back. |
| “It’s not the right time to be trying to push the government to change rules,” he said. | “It’s not the right time to be trying to push the government to change rules,” he said. |
| Kate Conger contributed reporting from San Francisco. | Kate Conger contributed reporting from San Francisco. |