
The
lobby group Free Press, a self-styled “public interest” organization,
has worked hard over the years to forge alliances with corporate players
and federal bureaucrats directly involved in the political intrigues of
DC technology and media policy.
Documents
made public through past Freedom of Information Act requests and those
obtained by The Daily Caller through an undisclosed source reveal a
well-funded, ideologically motivated organization with close ties to
Google, the White House, and several federal agencies, including the
Federal Communications Commission, the Federal Trade Commission and the
State Department.
The regulatory policies Free Press advocates, including net neutrality,
benefit the organization’s corporate allies, in addition to the
investment portfolios of philanthropists including the group’s most
well-known financier, George Soros.
The
net neutrality debate was largely one about how to best solve the
dilemma of meeting continually increasing consumer demand for the
data-intensive services of corporations like Google and Facebook. That
growing demand for online bandwidth developed in parallel with the
communications technology industry’s own problem: the ever-decreasing
supply of available electromagnetic spectrum to license to Internet
providers like AT&T, Verizon, Comcast and Sprint.
The
ideological rhetoric of political players on both sides of the debate,
however, seemed to force consumers and bureaucrats to choose between
free speech and free markets.
John Fund, the senior editor of the conservative American Spectator, explained
in a 2010 Wall Street Journal column that the concept of net neutrality
was birthed as part of a well-funded and intentional effort by a
network of liberal foundations, and that Free Press co-founder Robert
McChesney’s “ultimate goal” — as stated in a 2009 interview on the
Canadian socialist website SocialistProject – was to “get rid of the
media capitalists in the phone and cable companies and to divest them
from control.”
The
policy coordination between McChesney’s group and Google can physically
be traced back as early as March 2009. Free Press co-founder and former
president Josh Silver had sent out a memo,
obtained by TheDC, an invitation to the home of Google General Counsel
David Drummond — which advertised a reception where attendees would
discuss all things related to the Internet policy of the new Obama
Administration:
“David
Drummond is hosting a small reception at his home in San Francisco on
March 25th, and I hope you will join us,” wrote Silver, who is still a
current board member of Free Press, as well as the current CEO of the campaign finance reform organization United Republic. (RELATED: Full coverage of the tech world)
“We
will discuss how the new Administration will be driving major policy
changes that will shape opportunities for, access to markets, and the
quality of network infrastructure,” wrote Silver. “We’ll touch on
universal broadband access, Net Neutrality, privacy, wireless spectrum
allocation, and openness standards.”
“David
has graciously invited me and our Policy Director Ben Scott to speak
with a small group of individuals who share an interest in these
issues,” wrote Silver. “Joining us will be Free Press board member Larry
Lessig who is Professor at Stanford Law School and Founder and Director
of the school’s Center for Internet and Society.”
In an email to TheDC, Lessig denied any knowledge of the event or the invitation.
“I’m
sorry but I don’t know anything about this meeting,” said Lessig. “I am
not with Free Press. And I have never been at David’s home
(unfortunately).”
Lessig’s own biography confirms
his previous service as a board member of Free Press. Asked in a
followup about the invitation, Lessig wrote: “I never got that memo! But
no, never asked, never there.”
Lessig’s
recollections could not be corroborated, since neither Scott nor Silver
responded to requests for comment for this story.
The meeting at Drummond’s home does not appear to have been the last time Free Press and Google collaborated. Free Press’ policy positions
in net neutrality regulatory skirmishes favored outcomes advantageous
to Google’s business model, and the organization worked — as did
lobbyists representing all sides of the debate – with people inside the
administration to win those battles.
In
several instances during 2010, Free Press had close — and apparently
inappropriate — contact with a former Google employee who worked in the
White House, and with FCC officials, over the formation of broadband and
net neutrality policy.
Emails obtained
by the National Legal and Policy Center through a 2010 Freedom of
Information Act request revealed that Ben Scott had met with now former
Obama White House Deputy Chief Technology Officer Andrew McLaughlin at a
Washington tea house to discuss and compare notes about broadband
Internet policy and Net Neutrality. Scott, whom the Washington Post’s
Cecilia Kang had at one point called
a “driving force” for net neutrality, sent a follow-up email to
McLaughlin after that meeting to provide him with non-public Free Press
documents covering the issues they discussed.
McLaughlin,
policy advisor at Google prior to taking a job at the White House, had
already come under fire from members of Congress, including the House
oversight committee’s then-ranking member Darrell Issa, for using his
personal Gmail and government email accounts to coordinate with senior
employees at Google while he was at the White House. McLaughlin, who did
not respond to TheDC’s request for comment, was criticized for using
his position to give favor to his former employer — a violation of the
President’s Ethics pledge.
The White House defended
McLaughlin in a Los Angeles Times article, noting that “executives from
phone and cable companies, including Randall Stephenson, AT&T’s
chairman and chief executive, have had multiple meetings with President
Obama and top administration officials.”
The
close relationship between Google and the White House was no secret at
the time. Obama’s relationship with Silicon Valley in particular was
important to his government technology policy initiatives, and also to
his pledge to making government more “transparent and open.”
“Google’s
ties to the Obama White House are no secret,” reported the Los Angeles
Times. “Google employees were the fifth-largest corporate donors to
Obama’s presidential campaign and Google Chief Executive Eric Schmidt
sits on the President’s Council of Advisors on Science and Technology.”
Free Press’ lobbying did not stop at the White House, but extended also to the FCC. Emails obtained
by Judicial Watch through a Freedom of Information Act request showed
communications between now-former FCC Commissioner Michael Copps and
Free Press, including an ex-parte document sent by now-former Free Press
president Josh Silver in the days leading up the the December 21, 2010
vote by the FCC.
Scott
also communicated frequently with FCC officials. Former Free Press
spokesperson Jen Howard was FCC Chairman Julius Genachowski’s press secretary
at the time. the Washington political newspaper The Hill reported that
Tennessee Republican Rep. Marsha Blackburn condemned what she saw as “collusion” between the FCC and the lobby group, as revealed in the emails Judicial Watch obtained.