Is All Meat Created Equal?

Here’s What You Need To Know

As we gear up for July Fourth, we know everyone is busy planning for events that are sure to be full of loved ones, parades and fireworks, and grilling to celebrate freedom and our great nation. Besides pausing to reflect on those who have given their lives to secure this freedom throughout our nation’s history – and those who continue to do so – many Americans will also make big trips to the grocery store, as Americans spend a total of $6.8 billion dollars on food to fuel their Independence Day festivities.

Whether grilling burgers, hotdogs, or something else, cookouts are integral to Fourth of July celebrations. This year, however, is likely to include more plant-based “meat” alternatives on the grill than ever before. From people looking for healthier options to those abstaining from meat for moral, environmental, or religious reasons, more consumers are choosing to become “lessetarians.” In this special holiday edition of TL;DR, we explore the popular rise of plant-based meat and what it will mean for consumers, businesses, and regulators alike.

  • Plant-Based Meat Rising: There are many more plant-based options than there were a few years ago, and they seem to have arrived in a big way. Beyond Meat’s blockbuster IPO in May proved to the world just how popular these plant-based meats have become. The company and its main rival Impossible Foods, backed by Bill Gates, are even facing supply shortages due to surges in demand. Impossible Burgers will be sold in at least 17,000 restaurants by the end of the year thanks to its partnership deal with Burger King. Other fast food chains such as White Castle and TGI Fridays are also looking to cash in on this trend, and food giants such as Nestlé and Tyson Foods are launching their own lines of alternative proteins targeted to these “lessertarians.”
     
  • What Are Some Key Consequences Of This Trend? The growth of this industry will create consequences extending far beyond grocery store aisles. As we have discussed in a previous edition of TL;DR, the meat industry faces regulatory and public affairs challenges from environmentalists and health advocates. Now cattlemen and meat producers face competition from these alternatives. They need to figure out a plan for long-term relevance if Americans continue to eat less and less meat. The biggest consequence, however, may focus on the regulatory environment that has not yet fully grasped how to treat these new types of products. As alternatives have made their way into the meat aisle in what Beyond Meat calls an “absolutely critical” move, the USDA and FDA must come together to outline a framework to regulate these new products and determine just what exactly can be labeled as meat. Count on interests on both sides of this debate to invest heavily on influencing that framework.
     
  • How Is The Meat Industry Responding? With these new developments, the meat industry is working with government agencies to protect their market. Cattlemen are attempting to persuade federal officials to closely regulate meat alternatives, and meat lobbyists are working to restrict the use of the word “meat” in similar plays that the dairy industry has used with milk alternatives. The meat industry has found success in some of its regulation efforts, as in 2018 the FDA expressed concern over a key ingredient in Impossible Foods that is linked with the formation of carcinogens in the gut, and raises broader discussion in the public arena that what is billed as a healthy option is in reality a very processed food.
     
  • What Does The Future Hold? While these public policy fights will continue, with the competing industries seeking to influence future changes to the regulatory framework to their advantage, there may increasingly be upcoming fights within the plant-based sector itself. Many large companies see plant-based alternatives as a major growth opportunity (including some meat companies), and we can expect other startups to break into the market, as Beyond Meat and Impossible Foods cannot expect to hold onto their duopolistic grip forever. With increased competition, we can also expect lower prices, which could bring down costs for consumers and cause other companies to enter the market. Should this come to pass, we can speculate that “Big Plant-Based Meat” may act like legacy companies in other spaces by lobbying to increase regulation on its less mature competitors, and thereby leverage the hand of government to frustrate the growth of its competition.

While the Coney Island hot dog eating competition will likely not see a switch to any plant-based dogs in the near future, Americans should still expect to see a growing number of meat alternatives pop up in restaurants, grocery stores, and cookout spreads over the coming years. This means that although there are more meat alternatives than ever before, the beef between the meat industry and plant-based companies – and that within the latter space between competitors – is only just beginning.

Happy Fourth of July from all of us here at Delve.

Monitoring Still Matters, Photoshop Flop, and Dance Dance Emissions

Here’s What You Need To Know

If you’re a campaign or advocacy professional, you likely receive news clips compiling stories relevant to your issue set every day. This has been standard operating procedure for many firms over decades, and entire generations of workers have cut their teeth on skimming, pulling, and formatting notable press articles for their principals. But like the action of “clipping” articles from the physical paper, from which the moniker derives, traditional news clips are becoming obsolete in today’s fluid, noisy, and unrelenting media environment.

In a piece published in Campaigns & Elections, Delve CEO Jeff Berkowitz explores how new solutions are helping campaign and advocacy professionals keep on top of key trends and developments, modernize advocacy work, and achieve their objectives in a more efficient and effective manner. Because while traditional news clips may be obsolete, what you don’t know still can hurt your ability to achieve your public policy objectives:

  • The Times Have Changed: As any campaign and advocacy professional knows, the days of the famed “smoke-filled rooms” where key policy decisions were once made are long gone. With advances in technology and communication, the general public is paying more attention to the policy and advocacy process than ever before. They’re also engaging on more issues in greater numbers, a trend that’s enabled by a high and rapidly-improving quality of life for more people unparalleled in human history, as well as the politicization of everything from sportswear to chicken sandwiches. Therefore, it’s critical for staffs of organizations needing supportive governmental and political environments to achieve objectives to keep on top of developments and how they may impact their priorities.
  • Traditional News Clips Are No Longer Enough: Whether compiled by a trusted assistant or earnest intern, simply compiling article text is time-consuming to both produce and read. During a busy day, it may be that you only get a chance to skim over the clips for a few moments while eating lunch – after you have already been working to further your priorities for half a day. Such skimming leaves little time to discern what these news developments mean for your organization, or how to leverage this news to your advantage.
  • When It Comes To Value, You Get What You Pay For: While there are many services seeking to improve the usability of traditional news clips including social media listening platforms, as well as free tools such as curated newsletters, keyword alerts, and aggregators, it’s clear that artificial intelligence (AI) isn’t yet capable of analyzing and distilling useful information on its own. Collection of information is the easy part — it’s discerning trends, anticipating where the issue discussion moves next, that’s hard. Free tools without the training and skills to analyze information through the right lens are worth exactly what you paid for them, and only add to the abundance of noise and information flows out there.
  • Monitoring And Analysis Points The Way Forward: At Delve, we’ve revolutionized the time-tested practice of issue set monitoring for today’s media landscape that has increased the speed and intensity of consequential developments – to say nothing of the heightened political and reputational risks accompanying them. To provide a timely, relevant, and actionable alternative to news clippings, we are investing deeply in training analysts to find the signal in the abundance of noise. Companies and cause organizations have already discovered the value that robust monitoring and analysis programs provide for them and their clients, receiving pertinent insights expertly culled by human analysts from primary and secondary sources to apprise principals of key trends, current developments, and changes in the state-of-play that help them see around the corner on what happens next and what issues need to be watched and acted upon.

At the current pace, both news clips and collection tools without analysis may too soon be relegated to the “smoke-filled rooms” of history in just a few short years. The nature of advocacy work is changing, and the only question now is how companies and cause organizations engaged in public policy issues will adapt as well.

News You Can Use

PHOTOSHOP FLOP. GQ recently published a photo of Silicon Valley executives’ trip to visit European designer Brunello Cucinelli in a small Italian village. At first glance the photo looks innocuous, until one takes a closer look. The two women CEOs featured in the photo, Sunrun CEO Lynn Jurich and Peek.com CEO Ruzwana Bashir, were photoshopped into what was originally a photo featuring 15 men. The doctored photo was posted on Cucinelli’s Instagram account and even served as the lead image for a June story in GQ.

Silicon Valley has come under fire for being hostile to women (not to mention those with viewpoint diversity), and this blunder certainly won’t help end that scrutiny. The incident is a stark reminder for companies and cause organizations that there is no substitute for facing and telling the truth. It can always be exposed, and there is no way to photoshop to a new reality.

DANCE DANCE EMISSIONS. Environmental activists may have found a whole new definition for noise pollution. A recent study conducted by two European professors suggests that streaming music leads to 200 to 350 million kilograms of greenhouse gas emissions. The study averaged the number of songs streamed and downloaded in the U.S. in 2015 and 2016 and factored it with the amount of electricity it takes to download one gigabyte of data. Though he claims to not be on an “anti-streaming crusade,” University of Oslo professor Kyle Devine estimates that the numbers will get “even uglier” once “places where streaming is huge,” like China, Africa, or India, are included in the calculations.

Music streaming giants are already responding to calls to action by environmental activists by working to improve the sustainability of their facilities and operations. Meanwhile, Spotify now publishes a public sustainability report and has committed to achieving carbon neutrality. In 2019, no industry is safe—first it was plastic straws, now music is under attack.

BACK TO THE FUTURE. We have all heard by now of foreign governments’ efforts to sow discord in the U.S. by spreading “fake news” on social media. Now researchers are tracking a new kind of social media influence operation that aims to divide Americans by “repackaging” old news from legitimate media outlets about racism, terrorism, and other controversial topics. New research by threat intelligence firm Recorded Future shows that there are more than 215 Twitter accounts engaged in this operation and that they use URL shorteners to make the headlines appear current.

By posting news about actual events, the accounts are able to dodge any violations of Twitter’s terms of service. The recently uncovered operation is another example of the uphill battle technology companies face in monitoring how their products are used. As we move closer to the 2020 presidential election, expect social media companies to face even more challenges.

DEFANGING YANG. Democratic presidential hopeful Andrew Yang has qualified for the first presidential debate, and once promised his nonprofit would create 100,000 jobs and revitalize broken American cities. Six years later, Yang quit Venture for America (VFA) and the organization has created just 4,000 jobs to this day. Now, he’s running for president – although noticeably not on his record – instead promising to give every American $1,000 a month.

Yang claims he quit VFA because he realized startups could never create enough jobs to make up for all those that robots are predicted to displace, and according to interviews with over a dozen VFA fellows, VFA is struggling and almost half of the fellows no longer live in the cities where they were originally placed. This episode demonstrates precisely why digging deeper and thorough vetting are a crucial aspect of campaigns and public affairs challenges: because key vulnerabilities will be uncovered and exposed, often at a less than ideal time, particularly when one is running for the highest office in the land.

What the EU Elections Mean for Business, Crypto-Mania, and Trouble in Y’allywood

Here’s What You Need To Know

Last week, voters across the European Union (EU) went to the polls to select their preferences for the bloc’s parliament. While readers in the United States may feel that the events across the pond have little or no bearing on the day-to-day operations of their company and the policy and regulatory issues important to it, the results of the EU elections could not only impact your interests now (particularly if your firm does business in Europe) but also foreshadow key trends that may appear stateside in the near future.

To help you prepare for the implications as the dust settles and a new EU emerges, here’s what the EU elections mean for your business interests:

  • First, What Are The EU Elections? The EU elections occur every five years for citizens of EU Member States to choose their representatives in the 751-seat European Parliament, which gives them a say in the political debate and decision-making process at the EU level. The European Parliament is the second-largest democratic legislature in the world after India. For a supranational organization that regulates key policies ranging from data protection and privacy to immigration to trade and more, and with five-year terms for the elected Members of the European Parliament (MEPs) in which major unforeseen developments can unfold and need to be dealt with, the makeup of the body is crucial to influencing the policy outcomes that will follow in the near-term for both the EU and its Member States.
     
  • The Pro-Business Middle Cedes Ground To The Populist Extremes: Approximately 50% of voters turned out in the bloc’s 28 countries (a 20-year high), and instead of the fear of many that the elections would result in a surge of far-right populists, the results were more “complicated.” Overall, there was a rise in the populist extremes with some countries seeing Eurosceptic parties gain ground to the detriment of more establishment parties such as in France, Italy and the U.K. In others, Greens and Socialists – just as the nationalist parties gained influence from the erosion of the traditional center-right parties – had strong showings, such as in Germany and Spain, to the detriment of the traditional center-right parties. For businesses, populist pressures from both ends of the political spectrum portend increased political risks from parties looking to deliver for their bases of support.
     
  • Tech Is In The Crosshairs: Among the first targets for the new EU parliament may be the tech industry, which unites populist critics from the left and right in their desire to see more regulation. Indeed, EU commissioner for competition Margrethe Vestager – who has called to regulate and hold Big Tech accountable – is attracting broad support from across the political divide and could become the EU’s first female president. Should this come to pass, she could surely leverage her experience to elevate and implement tech regulation matters on the EU’s policy priorities. Coupled with the U.S. government’s gearing up for an antitrust probe of tech giants, companies in this space are facing risks from both sides of the Atlantic.  
     
  • Broad Regulatory Levers May Shape Health Care Policy: Pharmaceutical companies and chemical manufacturers (and industry more broadly) are expected to face greater pressure from the new European Parliament. This could likely include a focus on lowering costs of medicines through coercive regulation, as well as attacks to weaken intellectual property rights. In addition, with victories by the Greens and others on the populist left, it is expected that there will be greater ties between environmental and public health issues to implement policies that explicitly target industrial farming, chemical producers, the energy industry, and the pharmaceutical sector in the name of improving health.
     
  • How Is The Outlook For Financial Services? With more chaos and more populists from both the left and the right in the EU Parliament, the financial sector can anticipate more uncertainty when it comes to the impacts they face from the policy and regulatory environment. The waning influence of the traditional centrist parties to ambitious newcomers ensures it. While calls for divestment from fossil fuels will continue to persist (and even grow stronger) and new regulations on industries and trade will require businesses to adapt, a range of other reforms and institutional adjustments, from financial literacy to transparency in financial products to post-Brexit rebalances, will need to be addressed and will almost immediately put pressure on companies also.

A common pattern we’ve noticed in the monitoring and analysis work we’ve done for our clients is that policies and regulatory frameworks pushed by influencers and stakeholders in continental Europe that take hold in the EU often make their way to other industrialized democracies, such as Canada, and then attempt to gain influence in the U.S. Because of this pattern, anticipating these trends stemming from the EU elections and other challenges will help companies operating globally navigate this uncertainty well and gain a competitive advantage. For those proactive firms focused on their businesses in the United States, this provides an opportunity to better stay ahead of developments that may be impacting operations domestically in the near future.

News You Can Use

POLITICS DRIVING DEALS

You may have heard rumblings that French automaker Renault is considering merging with Fiat Chrysler—a rumor that caught many in the auto industry by surprise. But what if we told you the proposed merger is extremely politically calculated? By merging, Renault and Fiat Chrysler hope that their increased size will reduce the cost of complying with government mandates that require increasing electric-car production and improvements in battery technology.

Due to the added costs of compliance, many automakers (think: Toyota and Suzuki) have combined forces to take on Uncle Sam. Additionally, merging could allow Renault to avoid 25% tariffs on foreign autos that President Donald Trump has repeatably threatened. The potential Renault-Fiat Chrysler tie up is yet another example of politics and regulations driving companies in different industries to pursue mergers. And the result, of course, is less competition.

TROUBLE IN Y’ALLYWOOD

Netflix announced it will reconsider its “entire investment” in Georgia if a recently passed state law restricting abortion takes effect and has teamed up with the ACLU to fight the legislation in court. Georgia has recently become a hub for the film and TV industries and is the home of hit Netflix TV shows “Stranger Things” and “Ozark.” In fact, more than 450 film and TV projects were shot in Georgia last year, leading to over $4.5 billion in wages for an overall economic impact of $9.5 billion.

Prominent Hollywood stars such as Alyssa Milano, Amy Schumer, and Jason Bateman have already said they will “boycott Georgia” if the “heartbeat bill” goes into effect. It looks like Georgia could become the latest victim of America’s “boycott wars,” where people will gladly boycott a state or business over political differences. Netflix will keep filming in Georgia for now, but states and companies must realize it can only take a few activists to change the equation.

CRYPTO-MANIA

Representative Eric Swalwell (D-CA) recently became the second 2020 presidential candidate to begin accepting cryptocurrency donations, joining fellow presidential hopeful Andrew Yang. You read that right—presidential candidates are now accepting donations that cannot be traced back to the donor. Swalwell, who has been a fixture on cable news attacking the Trump campaign as “criminal” because of investigations into its inauguration spending, defended his campaign’s decision to accept difficult-to-track cryptocurrencies in a video claiming, “Government has to keep up with the times and the times have changed.”

Currently the cryptocurrency market in the U.S. is under very little oversight, but that could all change soon. Many U.S. regulators have called for a federal framework to oversee bitcoin and as more candidates accept cryptocurrency donations, Congress may be under increased pressure to act. For now, government transparency advocates and the public should be alarmed, and the cryptocurrency industry should worry about their reputational risk if foreign or corrupt sources use their systems to fund campaign activities illegally.

BRING ON THE VIRTUE SIGNALING

By now many of us have already weighed in on the “paper straw debate,” but what about Goldman Sachs’ decision to banish paper cups or candy-maker Mondelez’s efforts to make all wrappers recyclable by 2025? It seems that many companies are spearheading initiatives that, in the words of The Wall Street Journal’s Allysia Finley, are “costly and often counterproductive.” But why? Some would argue that they are trying to show employees, customers, and shareholders that they care about the environment.

Yet, there’s little evidence that these gestures benefit anyone or the environment – plastic straws only account for about 0.025% of the eight million tons of plastic that flow annually into the ocean (most of it from five countries in Asia). Companies not wanting to appease activists and shareholders citing environmental concerns could proactively message with these facts to illustrate the little impact such gestures have, to say nothing of the negative consequences “costly and often counterproductive” green initiatives can have on jobs.

Sue and Settle Gets Lit, Blurred Campaign Lines, and What You Don’t Say

Here’s What You Need To Know

Last week, the Interior Department announced that it is creating a website to publicly disclose attorneys’ fees paid out by the agency in legal settlements, bringing light to a previously non-transparent practice that the public is largely unaware of. The agency’s decision to bring transparency and accountability to a practice that has funneled millions of taxpayer dollars – not to efforts and initiatives that further the Interior Department’s mission, but rather to activist interest groups to cover attorneys’ fees they incur for suing that very same agency and advancing their policy priorities  – should be welcome news for those who care about the agency’s mission, good government proponents, and all taxpayers.

Here’s what you need to know about the Interior Department’s push to illuminate so-called “sue and settle” practices targeting it, and what this means for corporate and cause organizations engaged in the public policy debates entangled by this tactic:

  • So, What Is Sue And Settle? Sue and settle refers to the strategy in which a special interest group files a lawsuit against a federal agency to force it to adapt their policy interests and priorities. Instead of take their case to court, the group comes to a settlement agreement with the agency, negotiated “behind closed doors” and with no public participation, that advances their interests. Further, this practice circumvents the transparency and accountability that comes with the normal legislative and rulemaking process.
     
  • Bringing Light To Sue And Settle Practices Is A Priority In This Administration: In a TL;DR edition from October 2017, we wrote about the Environmental Protection Agency (EPA) directive ending sue and settle practices against it, speculating that Cabinet officials in their respective agencies would follow EPA’s lead. That is exactly what happened when Interior released an order in September 2018 outlining steps it would take to promote “transparency and accountability in consent decrees and settlement agreements,” of which one of those steps included the creation of a “publicly accessible ‘Litigation’ webpage that is prominently linked to the Office of the Solicitor’s homepage.” Last week’s announcement of a memo by Interior’s Principal Deputy Solicitor Daniel Jorjani in response to the September order states that a webpage will be developed “within 30 days” that will list details of legal settlements and cases. In the words of a Department official, “only by shining a light on this process can you decide if [your tax money] is being put to good use.”
     
  • What Is Notable About Interior’s Announcement? While the Department of Treasury’s Judgment Fund database already tracks what federal agencies disburse in attorneys’ fees from settlements, it does not always list plaintiffs’ names or their legal counsel. Interior’s website is expected to provide more details about its legal settlements and cases, of which it should have a large dataset to choose from because it paid out nearly $14 million to groups suing it during the previous Administration – the most of any agency. By providing more detail about its settlements and cases in the public arena, and in particular the exact amounts of taxpayer dollars disbursed to who or what organizations and why, Interior can shed a light on the motivations and true nature of some of the most prominent activist interest groups engaging in today’s public policy debates.
     
  • Exposing The True Nature Of Oppositional Forces: Simply stated, the recourse available to help individuals, small businesses, and groups to recoup legal costs for defending their rights has been coopted for profit by professionalized and savvy activist interest groups. Environmental groups have been especially successful at suing federal agencies to increase regulation and then collect taxpayer dollars to cover their attorneys’ fees, which according to a 2016 investigation resulted in federal agencies paying out more than $49 million to lawyers who sued the previous Administration under the Clean Air, Clean Water, and Endangered Species Acts. This includes large and financially successful activist groups such as Earthjustice, whose sole purpose is to aid activist groups in taking legal action against government. Earthjustice received more than $2.3 million from taxpayers for suing the Interior department in 2016 despite having net assets totaling $68 million the year before – hardly a ragtag group in need of coerced taxpayer subsidies.
     
  • What Insights Can Be Leveraged From This Information? For companies and industry groups in the energy, financial services, chemical, and manufacturing sectors – and others that find themselves targeted and pressured by environmental activists –understanding the funding, coordination, and key stakeholders behind lawsuits against federal agencies on their issues is a crucial component of risk analysis, particularly as sue and settle has become a popular strategy for special interest groups seeking to force agencies to adopt regulations without gaining voter approval at the ballot box or going through the regulatory process set by Congress.

Interior’s move to open up public access to the details of its legal settlements and cases will help shine light on how such avenues are being weaponized by activist interest groups to target companies and industry groups, as well as force policy implementation on the American public regardless of the judgement and direction of their elected representatives. This sunshine provides an opportunity to better understand and address the risk faced from special interest activist groups wielding this tactic. In today’s politicized environment, having this information advantage can mean the difference between achieving public policy objectives or not.

News You Can Use

BLURRED CAMPAIGN LINES

A super PAC supporting Washington Governor Jay Inslee’s presidential campaign has blurred the lines of legality regarding campaign finance. Described by critics as “probably within the letter of the law,” the Act Now On Climate PAC has found a way to share critical voter information with Inslee’s campaign by running hundreds of pro-Inslee Facebook ads which link directly to the campaign website, allowing the latter to view exact data on the success of each ad broken up by user age, gender, and location without ever communicating with the PAC directly.

While pushing the envelope just far enough to give the campaign an edge at a time when data is more valuable than ever, this tactic could also be leveraged in opponent messaging to raise questions among the electorate of unfair or improper coordination, despite such coordination being apparently, technically legal. But, for that to happen, Inslee would first have to separate himself from the slew of candidates running for the nomination. More likely, such tactics could easily proliferate to other campaigns and become a common technique to push the boundaries of existing campaign law.

SWEET CHERRY PIE

The wait is over: President Donald Trump’s Food and Drug Administration (FDA) is taking steps to finally get big government out of America’s baked goods. In case you didn’t already know, current FDA regulations state that a frozen cherry pie must contain no less than 25% cherries by weight, with no more than 15% of those cherries being blemished. These rules have long provoked the ire of bakers across the country, who say the hardline standards can prevent innovation and spark unnecessary lawsuits (see: Cheezy lawsuits).

The Trump Administration’s push for broad deregulation is made of a series of small changes that affect the bigger picture of the U.S. economy. While a marginal shift in a small market might not seem significant to the average citizen, it could be the difference between whether a business succeeds or fails.

DEVIL IN THE MANDATE DETAILS

With the question of climate change looming larger over the U.S. each year, a debate has persisted: what should be done about it? A common answer to that question has been the increased use of renewable energy mandates, which require a portion of a state’s electricity to come from renewable sources such as wind and solar power.

A recent study from the University of Chicago, however, claims that these policies not only significantly increase electricity prices, but also reduce carbon emissions far less effectively than alternatives. As these discussions rage on in Congress and across the country, it is important for policymakers and stakeholders to have the full range of information required to make an intelligent, effective decision on the problems they wish to solve and avoid implementing ineffective “solutions” that have unintended negative consequences on jobs, families, and businesses. As always, the devil is in the details.

BE CAREFUL WHAT YOU DON’T SAY

Sir Roger Scruton, a conservative English philosopher, recently experienced firsthand the full power of social media mob justice. Within hours of a report alleging Scruton made “outrageous remarks” rife with anti-Semitism and Islamophobia, Scruton was sacked, and his character assassinated. The Twitter posse was still patting itself on the back when the “outrageous remarks” themselves were released in a video. What did Scruton say to deserve such blowback? It turns out, nothing at all: his actual words were distorted beyond recognition, and those who spread the initial claims were forced to apologize, but the damage had been done.

Scruton’s story is a cautionary tale that feels all too familiar. Whether due to ill-intent or simple recklessness, social media has become an optimal environment for damaging claims—true or false—to spread like wildfire. The ability to provide a quick, factual response to potential threats becomes more valuable every day, not only for individuals, but for companies who find their reputations under attack as well.

How the Tax Cut Is Like an iTunes Giveaway

Here’s What You Need To Know

Well, it’s that time of year again: Tax Day. As if that weren’t reason enough to trade political barbs from both sides of the partisan divide, the 2018 tax year is the first year that Republicans’ Tax Cuts and Jobs Act is fully in effect. As we wrote in our November 2017 analysis of the then-just-unveiled legislation that would become the tax law, even before the policy specifics were released the package was being slammed by opponents with false claims, which have only become more prevalent in the public arena as part of a “sustained and misleading effort … to brand [the tax law] as a broad middle-class tax increase.”

Much of the blistering, negative coverage on the effects of the law are false and the result of a well-orchestrated messaging campaign that convinced people “Trump raised their taxes.” This dominant narrative obfuscates the reality that caused The New York Times to implore its readers to “face it,” they likely received a tax cut. Meanwhile, a prominent journalist at Vox, which declares its aim to “candidly shepherd audiences through politics and policy,” was a bit too candid, when he praised the “messaging success” of  “progressive groups [who] did a really good job of convincing people that Trump raised their taxes when the facts say a clear majority got a tax cut.” So, in an effort to clear up the confusion, here are some key facts on what the tax law has actually done:

  • First, Owing The Federal Government Money Doesn’t Mean Your Taxes Went Up: If your refund was less compared to prior years, or even if you owed money to the U.S. Treasury, that does not mean your taxes increased. As part of the new law, the Internal Revenue Service changed the withholding tables in December 2017 to reduce the amount of income tax employers deducted from paychecks. Throughout 2018, about 90 percent of American workers received bigger paychecks, yet one in five taxpayers did not adjust their W-4 forms to reflect this change in take-home pay, resulting in money being owed to the Treasury. Perspective is critical when hearing messaging from politicians and the media claiming people are getting less of a “refund,” not only because the federal government has no money of its own and is fully dependent on the hard-earned dollars of taxpayers for its expenditures in the first place, but because IRS data shows that individual tax refunds for 2018 on average were down only 1.1 percent – or $31 (not to mention what every CPA knows: tax refunds are bad). Ironically, the sources of such attacks are often the same political actors who called savings of thousands of dollars per year for middle-class families, or worker bonuses that were enabled by the law, “crumbs.”
     
  • Most Americans Got A Tax Break: An analysis by the nonpartisan Tax Policy Center determined that 65 percent of Americans will pay less taxes because of the 2017 law, with six percent paying more, and the rest seeing little change. As The New York Times notes, studies (from nonpartisan ones to left-leaning think tanks) consistently show the law cutting taxes for most Americans. However, only 17 percent of Americans believe their taxes went down because of the law, while a plurality thinks their taxes have gone up – though not even one in ten households actually paid more. To reiterate the facts on tax reform we discussed in 2017, many concerns and narratives against the law focus on “which deductions are being eliminated or capped,” even though this focus is misguided because by simplifying and reducing the tax brackets, broadening the tax base, doubling the standard deduction, eliminating the Alternative Minimum Tax, and expanding the child tax credit, among other provisions, the large majority of taxpayers are seeing their tax liability go down. This reality held true even in high-cost, high-tax, blue states that worried about capping the deduction of state and local taxes (SALT) at $10,000. New York Governor Andrew Cuomo, a vociferous opponent of the tax law and the SALT deduction cap, paid less in federal income taxes last year thanks to the law he has attacked.
     
  • Federal Revenues Hit An All-Time High In 2018:  Another key attack leveled against the law suggested that instead of increasing tax revenues by invigorating the economy and broadening the tax base, the law would increase the deficit and require the U.S. to take on more debt. However, individual income tax revenues climbed 6 percent in fiscal year 2018, up $14 billion dollars from the prior year, for an all-time high of $1.7 trillion. The only revenue category that was lower was corporate income taxes, which were down a substantial 31 percent. But, focusing on this decrease loses the forest through the trees because overall federal revenues were 0.5 percent higher than the previous fiscal year, a key fact contrary to partisan messaging, to say nothing of the benefits that people received from tax law-enabled bonuses or in the form of investments and retirement plans.
     
  • The Overwhelming Majority Of Filers Will Get More Relief In 2019: The benefits from the law are not going away for the 2019 tax year. A report from Congress’s Joint Committee on Taxation (JCT) shows the overwhelming majority of filers will receive relief and that the law will provide tax cuts at every income level—including larger payouts in refundable credits even for people who pay no income taxes. Examining the JCT data, the Tax Foundation’s Scott Eastman noted that in 2019, the Trump tax law “will reduce aggregate tax liabilities across all income groups by an estimated $259 billion relative to prior law. For example, the group of taxpayers making between $30,000 and $40,000 in 2019 will pay an estimated $5.4 billion less, a 13.5 percent reduction compared to prior law.” Such statistics don’t include the benefits in job and wage gains resulting from the corporate income tax cut, which triggered a spike in business investment and a full employment economy.

An MSNBC report examining why some taxpayers are angry despite paying less in taxes noted, “psychologically, people feel the loss” of the smaller refund or bill from the IRS “so much more.” (For a psychology parallel, see the backlash from Apple’s generous giveaway of a free U2 album in 2014). The above facts, then, can be used not only to push back on false and misleading claims about the new tax law – of which there is a seemingly endless supply – but to help you and others you know feel better about their check, or bill, from Uncle Sam this year.

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VETTING THE VESTS

Wall Street was well on its way to trading power suits for fleece vests as its uniform du jour, but its chief supplier is now refusing their business. Patagonia, which makes power vests that have become a staple in closets of “finance bros” everywhere, is putting stricter guidelines on its corporate sales program, restricting which companies can buy its corporate logo vests. In accordance with Patagonia’s mission “to save our home planet,” the company will now only partner with B corps and “mission-driven companies that prioritize the planet.” In a statement about this change, Patagonia singled out oil and mining companies, political-affiliated and religious organizations, food groups, and financial institutions as becoming customers non grata.

Patagonia’s latest move is yet another example of corporate activism and the politicization of the business world that will ensnare unsuspecting companies in political risk, not only because of engaging in public policy debates, but even because of their desire to offer employees a branded vest. Whether employees prefer a vest made of hemp or filled with down from geese certified to not be live-plucked or force-fed, it seems that even a decision as personal as this will require executives to think through the negative consequences of political risk to their companies.

AN INCONVENIENT ANTI-PLASTIC TRUTH 

As the war against plastic bags rages on, the Foundation for Economic Education found that plastic’s replacements may actually cause even more harm to the environment. A study found that reusable bags must be used 131 times before it has a smaller global warming impact than a lightweight plastic bag used once. Reusable cotton bags create their own environmental damage, requiring energy, land, fertilizer, and pesticides to create the cotton. Reports have also found that they are “a breeding ground” for airborne illnesses due to harmful bacteria that thrive in the bags unless washed after every use (requiring water and detergents).

While the war on plastic continues to be an easy way to virtue-signal among environmentalists, it is important to remember the costs and benefits of a situation and weigh all the facts available – even and especially if they are inconvenient.

EYES ON THE ROAD

Our homes are watching us, and now our cars are, too. A late model car can generate about 4,000 gigabytes of data a day, which includes not only vehicle performance but also personal information including your weight, music preferences, restaurants, and other places you visit.

While this data is collected and wirelessly transmitted to the vehicle’s manufacturer, there is no legislation or clear ownership over this data – which consulting firm McKinsey estimates could be worth $750 billion by 2030. Therefore, privacy advocates, vehicle owners, non-owners who use vehicles, and third-parties such as auto repair shops all have another major public policy issue on their hands as the auto industry continues to undergo rapid technological advances.

COUNTERING CHINA’S EXPANDING BELT

The U.S. is taking a new approach to foreign diplomacy and its effort to counter Chinese influence around the world in acting as an economic advisor and dealmaker for developing countries. The U.S. Agency for International Development (USAID) led a pilot program in Myanmar to help the country renegotiate terms for a port built by China in the country as part of its multibillion-dollar Belt and Road Initiative to spread Chinese influence and infrastructure  around the world.

By working with officials to inspect contracts, flag concerning provisions, and highlight areas where better terms could be had, USAID helped Myanmar officials renegotiate the scope of the project and reduce the country’s future debt obligations – a program the U.S. hopes to replicate with other countries to counter China’s growing influence. As the negotiations for a U.S.-China trade deal continue, these impactful efforts to counter China’s expanding influence may provide added leverage in the home stretch. The program is also a reminder to China of a lesson the U.S. learned in the last century with the Panama Canal: such investments do not always guarantee a favorable future political environment for the lender.

Bloomberg’s Beyond Carbon Is a Big Deal, Scooter Surveillance, and Innocent Until Predicted Guilty

Here’s What You Need To Know

After seriously exploring the possibility of running for president as a Democrat in 2020, former New York City mayor Michael Bloomberg announced last month that he will be one of the few Democrats not pursuing the nation’s highest elected office. For those who appreciate the freedom to enjoy a large soft drink or exercise their Second Amendment rights, this was welcome news. However, Bloomberg made clear that he will not be heading quietly into retirement. Instead of The White House, he announced a new initiative to bring his talents – and estimated $55 billion fortune – to bear on a new “grassroots effort” called Beyond Carbon “to begin moving America as quickly as possible away from oil and gas and toward a 100 percent clean energy economy.” Bloomberg’s launch of Beyond Carbon is a big deal, and most of the media coverage missed its serious public policy and business implications.

With the enthusiasm surrounding the Green New Deal, which has become a household name and supported by a plurality of voters despite its lack of detail, Bloomberg’s involvement means that not only the energy industry, but potentially millions of people whose jobs are at stake, must begin preparing for a major public policy fight. Here’s what you need to know about Beyond Carbon:

  1. Beyond Carbon Is Bloomberg’s Latest Well-Funded Effort: To gauge the impact of Bloomberg harnessing the energy of the Green New Deal, it is best to examine the success he has achieved with his existing Beyond Coal campaign, which will be expanded under Beyond Carbon. Over the past decade, Bloomberg has committed more than $100 million to the Sierra Club’s effort to retire every U.S. coal-fired power plant. This campaign has been remarkably successful, having helped close over half of the country’s coal power plants. Given how much he has spent on environmental and gun control efforts to date, as well as how much he was preparing to spend on 2020 presidential politics, it can be expected that significant resources will be brought to bear on this new anti-carbon initiative.
     
  2. Cleaner Carbon Is No Longer Welcome In The Clean Revolution: Not long ago natural gas was considered to be the cornerstone of the clean energy revolution. The move beyond coal to now target any carbon-emitting fuel, including natural gas, is endemic of a rising attitude among environmental activist groups that any fossil fuel use must be rapidly eliminated in its entirety. Particularly with a benefactor like Bloomberg, who is flush with cash and a veteran of waging vigorous issue campaigns, there is no reason to believe that this effort will stop at natural gas. And it does not matter that there are few if any readily available clean alternatives that can provide reliable and consistent energy, as demonstrated by the challenges facing state governments across the U.S. increasingly setting 100 percent renewable energy goals that ignore this reality.
     
  3. Beyond Carbon Is Beyond Affordable: While Bloomberg can afford the costs of moving beyond carbon, most Americans cannot. Issue campaigners, such as those pushing for unrealistic renewable energy goals, give little regard to the unsustainable and unnecessary costs that their policies have and the impact on cost-of-living, quality of life, job prospects, taxes, and more. Instead of standing for election and winning a mandate, Bloomberg and other activists like Tom Steyer choose manipulative issue campaign efforts where the subsidies and costs fall on those who can least afford them without having to secure a mandate at the ballot box first. A recent example of this untenable position is the bankruptcy of California’s Pacific Gas & Electric (PG&E). Moody’s recently estimated that PG&E, one of the country’s largest utilities, pays an estimated $1.4 billion annual in above-market renewable power purchase agreements that were created to help achieve the state’s renewable energy goals. Such costs are born by ratepayers and taxpayers and are a drag on jobs and economic growth.
     
  4. It’s Time For Energy To Defend Its Reputation And Future – For All Our Sakes: For the energy industry, now is a moment of truth. Rather than provide concessions and placate environmental activists backed by a few well-placed billionaires, now is the time to gear up to address this threat to the industry, the economy, and the millions of families who depend on these jobs. This is a major public policy fight against an opposition that sees no legitimate purpose for fossil fuels, and no amount of money spent on conservation initiatives or corporate social responsibility programs will change their minds, or their ultimate objective. If the industry does not stand up now for the legitimate purpose they serve, and high quality of life that their products make possible, no one will. With Bloomberg’s declaration of war, even a negotiated surrender is no longer an option.

To protect their interests, energy companies must aggressively defend their industry – and the prosperity it provides to millions, if not billions, of people around the world – against the well-funded and well-organized efforts targeting it. If they choose not to, Bloomberg’s decision to not run for president (irrespective of new rumors that he may change his mind and reverse course) may ultimately prove to be one of the most consequential moments for America’s future, regardless of who wins the presidency in 2020.

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SCOOTER SURVEILLANCE

Electric scooters have multiplied by the thousands in urban areas around the U.S., and so have the political and reputational risks for local governments and companies in this very new industry. The Los Angeles Department of Transportation (LADOT), eager not to let a good craze go to waste, last year told scooter suppliers that they would soon be required to provide the agency with location data of their user’s rides, or they would face strict permit and fleet size regulations.

While the agency says it keeps a lock on customer privacy, the actual details are somewhat murky: LADOT recently partnered with a third-party data aggregation company, Remix, that will analyze consumers’ scooter riding patterns for an undisclosed purpose. Just as one should put on a helmet before renting a scooter, those public and private entities rushing in to capitalize on the scooter obsession should pause to consider the increased web of risks they face from the burgeoning space so that they may better anticipate and overcome challenges when they inevitably arise.

DOGGED PURSUIT OF THE FACTS

Not every place you see on your map is what it seems. In the case of Patrick’s Park in San Francisco, it may not even be a real place at all. One pet owner named a small green parcel of land, previously unnamed, unmappable, and forgotten between notable locations, on Google Maps after his dog so that friends could meet up there.

It then took on a life of its own, first becoming an underground tourist destination, and then the location for an elaborate “St. Patrick’s Day Dog Parade” with pet industry influencers, a costume contest, music, and more to solidify its status as a real place. This light and comical episode demonstrates the convenience and connections that the internet brings to everyday life, yet also serves as a reminder of the important role that highly-trained analysts play in assessing real information from multiple sources in dogged pursuit of the facts, rather than just believing whatever pops up on Google.

INNOCENT UNTIL PREDICTED GUILTY

With the backlog of U.S. security clearances piling due to an “antiquated” system of background checks, a new project in the works from the U.S. Defense Security Service (DSS) seeks to not only paint a picture of an individual’s past behavior; it could theoretically be used to indicate a person’s future as well. The DSS project’s pilot test will collect massive amounts of data on individuals including internet browsing data, tax records, and travel plans to form a “digital footprint” of a person.

Altogether, these “digital footprints” create a complex network of standard human behavior ready for analysis by artificial intelligence (AI) programs. Small deviations in an individual’s routine could inform employers of an employee’s higher likelihood of stress, secrecy, or other undesirable traits. While this may in theory help bring the clearance process into the 21st century and lessen the backlog, it raises questions about whether its predictions are accurate or not (and AI platforms have already been found to have a racial and gender bias, adding a discrimination element to the equation); if such an algorithm is therefore a good idea; and, what the recourse would be for those who feel that their reputations are unfairly maligned.

FACEBOOK’S NEW RESEARCH TOOL

Directly in the crosshairs of government regulators looking to bring some transparency to the depths of social media, Facebook hopes to beat them to the punch with a new research tool that can help users anticipate and understand how advocacy networks are trying to influence them using the platform. The tech giant recently launched an advertising transparency page allowing curious minds to search a database of active advertisements, when they were created, and the pages that manage them. Political and issue ads will show a wealth of detail in terms of the ad’s funding sources and its overall visibility on the site.

It’s unclear whether this self-regulation will be enough to stave off politicians who want to hold Facebook accountable for its immense power, but it may be viewed as a good start. In the meantime, as fake accounts and others whose motivations and backgrounds may be different than they appear perpetuate on social media platforms, understanding who or what is behind what you see online will remain an important skill.

Political Risk Is Prime, Fizzling Out, and China’s Over-Inflation Problem

Here’s What You Need To Know

Last week, it was revealed that Amazon lobbied more federal entities than any other American public company in 2018. Given the significant resources brought to bear, its strong popularity among consumers, and the successful public relations-frenzy that drove 238 cities and regions to compete to win the company’s HQ2 throughout most of the year, companies looking to emulate best practices for strengthening their brand’s reputation and standing in the public arena, as well as achieve key business objectives, might look to follow Amazon’s playbook.

However, with the Seattle-based e-commerce giant’s decision not to move forward with its Long Island City headquarters in New York due to political pressure, perhaps the lesson for other companies and organizations is not what Amazon did or did not do, but that political risk has arrived as a prime factor in corporate affairs. Delve CEO Jeff Berkowitz recently shared his thoughts with Morning Consult on what New York’s HQ2 fiasco means for those seeking to avoid a similar fate. Here are some of his key takeaways:

  • Shoe-Leather Lobbying Is No Longer Enough: From healthcare to defense to labor regulation, Amazon contacted 40 different federal entities on 21 different general issue areas, spending $14.4 million to do so – second only behind Google parent company Alphabet’s $21 million. Despite a powerful influence machine in Washington and the support of a majority of New Yorkers, Amazon was criticized “day in and day out” by local politicians who refused to meet with the company and caused it to simply decide that the environment was not one it wanted to work in over the long term. Lobbyists walking the halls of power are no longer enough – instead, companies and other organizations requiring governmental and public support in order to achieve their objectives need new and better tools to combat public pressure driven by even a small minority of activists who can wield outsized influence in the public arena.
     
  • Evaluate Strategies Through A Lens Of Political Risk: With politicization infusing everything from sportswear to chicken sandwiches, a company or organization’s strategy for achieving its objective must be viewed through a cohesive lens of political risk. This means assessing the political risk relating to a business decision by identifying the range of stakeholders who may engage on the issue, understanding the network of influence and its impact, and leveraging these insights to inform a strategy to overcome challenges and achieve the objective as developments unfold. When done proactively and in advance of key decisions, assessing political risk can prevent wasted time, money, and reputational damage in a futile endeavor.
     
  • Leverage Opportunities By Having The Best Information: Assessing political risk as part of the due diligence process is not only about avoiding foreseeable public affairs challenges. It can also help identify and leverage opportunities. Analyzing the stakeholders and influencers surrounding a project, objective, or issue can become a force-multiplier for a company or organization, allowing it to focus on reaching out and engaging the constituencies that matter so that their message can be amplified with key decision-makers. Seizing such opportunities, and making the best decisions and identifying the best strategies, requires having the best information. In Amazon’s case, they could have identified political opponents in advance and mobilized the majority of New Yorkers who supported HQ2 in Queens to mitigate that opposition.
     
  • The New Normal Is Heightened Political Risk: Whether something is good politics or not is an increasingly important consideration for organizations traditionally removed from politics, be they companies, investment firms, or nonprofits. While it is not clear that the public nature of the HQ2 competition was in part responsible for the political risk it attracted, and which ultimately defeated the New York headquarters, political risk has arrived as a crucial factor that must now be taken into account by companies and organizations when making key decisions. In addition to influencing smoke-filled rooms, then, they must now engage too in the fog of the public arena.

Your company or organization doesn’t need to be in the throes of a highly-public competition to choose a new headquarters in order to be adapting to political risk. Applying a framework to evaluate key decisions through the lens of political risk before they are made, or even as added due diligence for those that are already in process, can increase the likelihood of anticipating, mitigating, and overcoming the public affairs challenges that are common in today’s operating environment.

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FIZZLING OUT

It appears not even divine intervention can save La Croix. National Beverage Corporation, the maker of sparkling water beverage La Croix, recently announced a 40 percent drop in profits last quarter following an October lawsuit that accused the company of mislabeling its products as “all-natural” and claiming the company’s waters contain a synthetic compound “often found in cockroach insecticide,” among other chemicals.

The company’s poor performance sparked an odd response from CEO Nick Caporella, who claimed the losses were not the result of “negligence nor mismanagement nor woeful acts of God,” but instead “injustice!” While National Beverage announced in January an accredited lab found no synthetic additives in La Croix, that hasn’t spared the beverage from becoming a laughing stock on social media. Caporella’s response is unlikely to shift that perspective. Indeed, he would do well to heed his own advice that “Brands do not see or hear, so they are at the mercy of their owners or care providers.”

His comments, as well as the company’s financial and legal issues, provide another example of how reputational risks carry real costs and a company’s response can make things better, or in this case, worse.

WEWORK IS WATCHING YOU

You may think WeWork’s $47 billion valuation stems from its ability to provide shared workspaces for startups across the country. However, over the past year, WeWork has aggressively tried to generate more revenue by collecting and analyzing information about how people move and operate within these shared offices. For example, WeWork recently acquired Teem, which makes software that collects data on conference room bookings, and Euclid, a service that tracks smartphones in retail spaces.

WeWork is also testing several types of sensors with its own employees in order to learn how the intended use of office spaces compare to how workers actually use them. It looks as though WeWork’s future may be in selling customer data, which could bring with it a whole host of regulatory headaches and reputational concerns, even with WeWork’s Chief Product Officer Shiva Rajaraman’s assurance that the company aims to “defend privacy as well.”

CHINA’S OVER-INFLATION PROBLEM

It turns out China’s economy may not be so big after all. A new report from the Brookings Institution found that China’s economy is about 12 percent smaller than official figures estimate and its real growth has been overstated by about two percentage points annually. The report has sparked fresh concerns that China’s economic slowdown is more serious than previously acknowledged as the U.S. and China continue to negotiate a trade deal.

With a growing population demanding more middle-class privileges, China’s economic challenges may add additional pressures on Chinese President Xi Jinping to make a deal when he meets with President Trump at a summit tentatively planned for late-April. Trust but verify, indeed.

SHADOWY “STUDENT”-LED MOVEMENTS

As students eagerly pass out catchy political flyers to their campus colleagues, it is easy to dismiss them as student-led movements passionate about a cause. Yet these “grassroots” organizations are often times sophisticated political operations with billionaire backers on both the left and right. One such group, NextGen Rising, masquerades as a youth-led grassroots organizing movement but is in reality a subsidiary of the NextGen Climate Action Committee, a political-action committee formed by billionaire anti-Trump critic Tom Steyer.

Rather than provide professional development programs, these groups tend to be far more interested in instilling political ideologies in young college students. Groups like NextGen Rising serve as a reminder of the importance of understanding an organization’s funders in order to know the true motive of a movement.

Like A 5G

Like a 5G, Renewable Ruin, and the Campaign Against Campaign Finance

Here’s What You Need To Know

With the latest confusion surrounding the Trump Administration’s policy on a nationwide 5G network, companies and industry groups got a taste of what will become increasingly common as 2020 approaches: trying to decipher policy cues from both The White House and the Trump reelection campaign when they seem to be indicating different positions on the same issues. For those trying to monitor and understand developments on 5G, such confusion only complicates the issue in the public arena and among stakeholders trying to influence it. So, in an effort to ground the 5G debate, here is what you need to know about the current landscape surrounding this issue:

  • What Is 5G, And What Is The Debate About It? 5G, which stands for fifth generation mobile, is simply the next version of the mobile network of communication. As one might expect, 5G will be more advanced than any of the previous mobile networks as it will offer faster speeds and more reliable connections on smartphones and other personal devices. 5G data speeds are expected to be one hundred times faster than 4G networks, and the transition to 5G is expected to be the biggest leap forward in mobile technology to date, particularly because it will enable the Internet of Things (IoT) to better connect devices, vehicles, buildings, and more to the network, transforming many aspects of everyday life. Due to its being such a crucial component of the future generation of technology infrastructure, 5G is the focus of a budding debate over what role the government should play in creating and expanding this technology, with arguments for and against government intervention seeping into the public conversation.
     
  • Who Supports Government Intervention And Why? With China aggressively coordinating and promoting 5G activity, some have argued that the U.S government should play a key role in developing an American 5G network. This messaging has also been used by those who may benefit from federal contracts to provide access to the 5G network, such as the private wireless company Rivada, whose investors include Trump ally Peter Thiel. Perhaps the most notable and influential – given his role as campaign manager for the President’s 2020 reelection effort – supporter of a government role in managing the creation of next generation 5G is Brad Parscale. He has long advocated on Twitter for a nationwide “wholesale” 5G wireless network, not only to compete with China’s build out of this new technology and to eliminate dead zones throughout the U.S., but from a practical, political standpoint: he believes a 5G network connecting rural Americans to high-speed internet would help the President directly speak to a key base of support and turn out the vote.
     
  • Who Opposes Government Intervention And Why? Policymakers who oppose government-led nationalization of 5G networks include White House economic advisor Larry Kudlow and every Federal Communications Commissioner, who believe that wireless companies should lead the buildout of 5G, as they have previous network generations before it. Verizon and AT&T have made huge business bets in building their own 5G networks, and are making the assumption that the current process for securing long-term spectrum leases at FCC auctions will continue. A nationalized wholesale network would mean that airwaves could be made available to users as needed, similar to the electricity market, and would challenge this model. As such, CTIA – a wireless industry trade group representing Sprint, AT&T, Samsung, Intel and others – has said they “completely agree with the administration, the FCC … and congressional leaders that free market American leadership in 5G is vital for our economy, private investment and future innovation.”
     
  • What Comes Next For Interests Engaged On This Issue? After the reversal, confusion, and subsequent walk-back on the part of the campaign and White House relating to 5G, those interests on both sides of the issue have clarified their messaging and sharpened the narratives they’ll be deploying when 5G policy matters again break into the news cycle. Competing with China, free markets and competition, and increased access to faster and more reliable networks, will all be presented to the public, media, and policymakers as key factors supporting one approach or the other. Consumer awareness of 5G continues to rise, and will continue to do so as long as it’s in the news and more networks get up and running, meaning that interests looking to influence public policy should identify, educate, and engage support that can amplify their efforts with key constituencies.

The time when 5G policy was under the radar, centered in Washington backrooms, and confined to memos is over. Time will tell if the 5G debate rises to net neutrality-level hysteria, but with coalitions of support forming and potential motivations for their advocacy being examined in the public arena, it has surely arrived.

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Intolerant Tech

A new study from the Lincoln Network appears poised to fan the flames of the so-called “techlash” against Silicon Valley. The liberty-focused technology advocacy group surveyed nearly 2,000 tech employees across the country to determine the state of viewpoint inclusion in the industry. The results? “This survey reveals that while employees at tech companies support viewpoint inclusion, they are also blind to their own intolerance,” according to Lincoln Network’s co-founder and executive director, Garrett Johnson. Nearly half of respondents said their employer promotes a political agenda, while 49 percent claimed this politicized environment affects their job performance.

For an industry that prizes both talent attraction and its freewheeling, innovative culture in equal measure, these results should be a wake-up call; after all, innovation and uniformity rarely mix. Perhaps more alarming: as more and more institutional actors rebel against the conventional optimism surrounding the tech industry, political actors may seize this chance to finally introduce the heavy hand of regulation to Silicon Valley.

Renewable Ruin

Texas’s green dream seems to be meeting reality. In 2016, Georgetown, Texas declared its intention to become the nation’s largest city to run its power grid with 100% renewable energy. Mayor Dale Ross boldly claimed, “Coal cannot compete with wind and solar on cost.” Two years and $30 million later, however, the city is in a bind: cheap oil and gas have dragged down energy prices across the country, forcing Georgetown to sell its surplus energy (drawn from more expensive wind and solar sources) for far less than forecast.

City officials are now frantically trying to renegotiate long-term contracts with local wind and solar providers to soften the fiscal blow, but as one resident said, “Why would [wind and solar companies] negotiate? You have the city over a barrel.” As talk of a Green New Deal roils Washington and Democrats enshrine climate change policy as a key issue for 2020, Georgetown’s example should remind both regulators and the regulated: no government plan survives first contact with the market.

Testing The Deregulatory Waters

Federal financial regulators may be preparing to relax filing restrictions again, a potential boon for successful startups looking to venture into public financing. In 2017, the SEC expanded to companies of all sizes a provision originally designed to allow “emerging growth companies” to confidentially file draft registration forms with the SEC. The easing of the size requirement allowed hugely successful startups like Pinterest, Uber, and Lyft to prepare for an IPO without the weeks of public scrutiny that traditionally accompanies such an event as the firm and regulators hash out details in the filing process.

Now, the Trump Administration is considering dropping a similar size limit on the so-called “testing the waters” provision, which allows emerging growth companies to consult institutional investors before going public. Needless to say, the move would substantially reduce the reputational risks of going public, allowing companies to secure reasonable assurance of the availability of public funding.

In addition to providing another data point for the deregulatory trend of the current administration, the SEC’s proposed rule change underscores the latent power of federal agencies over the market while broadening the public’s ability to invest in and reap rewards from these firms’ economic success.

The Campaign Against Campaign Finance

Congressional Democrats voted this week on their first introduced bill of the new Congress, the For The People Act (H.R. 1). The 571-page bill claims to be about strengthening democracy, but has drawn the ire of groups on both sides of the aisle, including even the ACLU, which warns the bill contains “provisions that unconstitutionally infringe the freedoms of speech and association.” The bill aims to gut the existing federal campaign finance system by, among other provisions, instituting a government-funded 600 percent match for “small donors,” reducing the Federal Election Commission from a bipartisan six-member body to a partisan five-member body, and forcing political groups to disclose the names of donors above $10,000.

This last “reform” presents a unique challenge to the rights of private citizens to freely associate themselves with political causes and could chill free speech. Under the proposed system, individuals and any affiliated organizations open themselves up to further reputational risk with every political contribution. One doesn’t have to look beyond the past decade to find examples of private citizens exercising their First Amendment rights by donating to their preferred political causes and candidates, and then being subsequently and unfairly attacked in the public arena by politicians for doing so. Rather than a high-minded moved to “drain the swamp” in the name of ethics, this bill appears more to be an effort to intimidate and defeat their political opponents.

Gearing Up for USMCA, Ai’s Risky Business, and Going Low

Here’s What You Need To Know

In an October edition of TL;DR, we wrote about the “other machinations in Washington” that overshadowed the announcement of the United States-Mexico-Canada Agreement, or USMCA, which was negotiated to replace NAFTA. Since then, the agreement has stayed somewhat under the radar and in fact, the Administration has already moved its focus to trade negotiations with China, meaning that ratifying USMCA is no sure thing. With outside groups gearing up for what will be a major public policy fight, here is a look at the landscape of interests engaging on this issue and the challenges they are facing:

  • But First, How Did We Get Here? Formal negotiations between the North American neighbors ended and an agreement was signed on November 30th, marking the start of the governments’ efforts to sell the deal to their domestic audiences and gain ratification from their respective legislatures. In the U.S., that process was complicated first by the midterm elections where the President’s party lost its majority in the House, and then by the longest government shutdown in U.S. history that delayed the publication of the agreement’s congressional assessment report, the next step of the ratification process. Despite these realities, the Administration appears to have a “shockingly optimistic forecast” on the fate of the deal, and although Speaker Pelosi shares this optimism that concerns can be addressed and an agreement passed, the reality of the challenge ahead suggests that companies, industry groups, and issue coalitions will need to vigorously engage in the debate to influence ratification in Congress, which is increasingly uncertain.
     
  • The Reluctant Democrats: For Speaker Pelosi’s optimism for ratification to be well-founded, USMCA will have to gain the support of pro-trade members in her caucus. Several efforts to lobby these members are already taking form, including Trade Works for America, which was launched by influential Republicans to make their case to Democrats in traditional Republican and Trump districts, has already raised a third of its approximately $15-$20 million budget. Another group, Pass USMCA, is headed by Democrat Gary Locke, who served as Ambassador to China and Commerce Secretary under President Obama, and Rick Dearborn, who most recently served as Deputy Chief of Staff for President Trump. In bringing bipartisanship to bear in its efforts to push ratification, Pass USMCA is betting that Democrats and Republicans in Congress can be brought together in polarized Washington to ratify President Trump’s trade deal – despite Democrats’ seemingly increasing reluctance to do so.
     
  • The NAFTA Warriors: Much of the declared opposition in Congress to USMCA is due to it being “too similar to NAFTA,” and this opposition includes some of the usual groups against trade deals who hold sway and influence with the Left’s liberal base. Environmental activists from Greenpeace to the Sierra Club have slammed USMCA for leaving intact “NAFTA’s bad rule book and the growth of the oil industry,” and Public Citizen and its Global Trade Watch has raised concerns over both environmental standards and labor standards that U.S. firms can use “to continue to outsource jobs to pay Mexican workers poverty wages.” For reluctant Democrats, the pressures from these groups make it politically difficult for them to support a deal that’s viewed as “more of the same,” not to mention the product of a President they are committed to resisting.
     
  • The Strange Bedfellows: The opposition to USMCA in its current form is not just made up of usual activists, however – it also includes large corporate interests and conservative think tanks. Meds For America’s opposition is focused on pharmaceutical patents and the development of generic drugs. In a letter raising its concerns to the U.S. Trade Representative, Meds For America’s broad coalition of strange ideological bedfellows was on full display. Signatories included labor unions such as the SEIU, AFL-CIO, and American Federation of Teachers; powerful interest groups like AARP; major health care company Kaiser Permanente; and, conservative organizations such as FreedomWorks and R Street Institute. The presence of these organizations that usually influence Republican policy and pressure Republican lawmakers makes it more difficult for those on the Right, especially policymakers who opposed Trade Promotion Authority, to stand up for USMCA.

For those trying to achieve passage of USMCA in Congress, time is already short. Any further delays in the ratification process would make it more and more difficult for the USMCA to take effect, especially with Canadian federal elections later this year and the U.S. presidential election in full swing by then. And although NAFTA would remain in effect currently if the USMCA is not ratified, President Trump is adding additional uncertainty to this scenario by threatening to terminate NAFTA to pressure Congress to ratify USMCA – which a top Republican senator believes would make doing so “immeasurably harder.”

Those pushing ratification will need to thread a needle to navigate the challenges laid out above and build a broad, like-minded coalition that can get this deal done. To do so, they will need to pull back the layers and uncover insights into this network of opposition, including its funding, motivations, tactics, and coordination, so that they can identify potential allies – no matter how unlikely – and expose and undermine their opponents’ anti-USMCA message in the public and with policymakers.

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AI’S RISKY BUSINESS

As everyone from the Pope to President Trump seem to be going all-in on artificial intelligence (AI), two companies that should be its most ardent supporters are sending out warnings about this growth. In recent SEC filings, Google and Microsoft cautioned investors that AI technologies may create ethical and legal problems that could damage their brands and the demand for their products.

Microsoft’s list of potential problems includes flawed algorithms, insufficient datasets, biased information, and inappropriate or controversial data. Microsoft and Google appear to be asking for policymakers to create a regulatory framework to help make sense of this uncharted territory. The filings should also serve as a wakeup call to policymakers from companies, investors, and stakeholders, who can make headway on this issue now while the industry continues to grow – and before the challenges foreshadowed come to fruition.

GOING LOW

Roll Call analysis found that Democratic senate candidates in 2018 who published more negative tweets were more likely to be victorious in their races, while Republican candidates were less likely to win when doing so. If this success is any hint as to the future, Republican candidates on the ballot in the 2020 election cycle can expect more of the same with withering tweets attacking them.

Additionally, because many media outlets tend to reinforce Democratic attacks while pushing back on or ignoring Republican attacks, Republican candidates will have to get started earlier with uncovering the research insights that can help their campaigns win, anticipate the inevitable negative attacks, and ensure their claims are thoroughly supported by undeniable facts that can withstand the intense, and sometimes biased, media scrutiny.

GREEN NEW DEAL WITH IT

Is the Green New Deal (GND) “immoral” and “unrealistic?” Even among Democrats, it depends on who you ask. When self-identified Democratic Socialist Representative Alexandria Ocasio-Cortez (NY)  posted details of the GND plan to her website, it called for the elimination of all fossil fuel energy production and nuclear power, the replacement of every “combustion-engine vehicle” within 10 years, and “retrofit[ting] every building in America” with “state of the art energy efficiency.”

The reception for the outlandish plan, which triggered backlash, resulted in a bungled rollout and the removal of the plan online, followed by arguments with critics in the media about whether the document was legitimate or not in the first place (spoiler: it was). If the press is going to automatically support the GND instead of ask critical questions about it, Republican policymakers and the companies and organizations concerned by its economic and policy implications may be underestimating the degree of difficulty in putting out the truth about the harmful and costly policies it promotes.

THE PEOPLE VS. TWITTER

With journalists rushing to tweet their latest scoops and the world’s eyes constantly on President Trump’s Twitter account, it is easy to think of the social media platform as a representative sampling of the public discussion. But what if Twitter’s impact is overblown or misleading? Twitter revealed in its fourth-quarter earnings report that the company has an average of 27 million daily active users in the United States, or 8.2% of the total population (assuming that each account is controlled by a different person, which is unlikely).

This data suggests that despite the site’s power to drive media narratives and news cycles, the “Twitterverse” is not an accurate representation of the public conversation. As more and more news stories are generated by the outrage, hashtags, and hot takes on Twitter, a misleading and dangerous trend is taking form where the 280-character antics in the “Twitterverse” are taking the place of actual fact-based information and broad public sentiments.

Not All Research Is Created Equal, Free Shipping Under Attack, and Deepfake Drama

Here’s What You Need To Know

Last Friday, a page from Virginia Governor Ralph Northam’s 1984 medical school yearbook was published, which showed a disturbing photo of a man wearing blackface and another wearing a Klan outfit. The Old Dominion state was plunged into political chaos (which has only sunk deeper), and political implications aside, this revelation is gut-wrenching. It is gut-wrenching someone a mere 35 years ago would think such grotesque behavior is acceptable and has any place in our society, let alone in one’s medical school yearbook. This week also brought us another offensive race-related revelation from the past – that Sen. Elizabeth Warren had falsely listed herself as an “American Indian” with the Texas Bar, for which she has now apologized.

On a professional level, both of these revelations had many political observers scratching their heads as to how these publicly available records had eluded opposition researchers during hard-fought campaigns in which they could have changed the outcome. To the team here at Delve, this question is gut-wrenching because these are the types of truths that Delve is in the business of exposing. We work to illuminate the truth as best as it can be found and to uncover the insights that make a difference for our clients – whether in the political, policy, or business environments.

So how did these revelations go unseen for so long? Not all research efforts are created equal. That is why it’s important to obtain the most valuable research for your investment, and why Delve has built a model to ensure we uncover all of the insights that matter for our clients and help them achieve their objectives:

  1. It Starts With Our People: We don’t hire just anyone to be an analyst. The first component that differentiates us from other research firms is the skilled team of analysts that we build in-house to employ competitive intelligence through the lens of public affairs challenges. Our analysts go through a rigorous and unique three-month associate training program and then participate in weekly training sessions to build analytical skills, review best practices, develop new procedures, and learn innovative techniques. This allows our talented analysts to know how best to dig deep to find mountains of publicly available information and then cull, analyze, and distill those records into key insights, trends, developments, and networks to “connect the dots” and highlight the most important and actionable information for our clients. We even deploy on-the-ground to conduct in-depth field research, digging deeper in our efforts to serve our clients.
     
  2. A Thorough Process Means A Better Research Product: Research books can be long, burdensome, and unwieldy. Not only is such research difficult to read, digest, and use, but the quality can be lacking, with basic information incorrect or missing. To deliver a better research product, Delve’s reports go through a rigorous multi-step review and quality control process to verify findings, and notably, to hone a fact-based, compelling, and narrative-driven format. The results for our clients are actionable and user-friendly reports that are constructed to ensure that they know how to leverage the information advantage provided by the research to achieve their objectives.
     
  3. Harnessing Technology To Bring Research Into The 21st Century: In addition to our people and processes, we utilize sophisticated commercial and proprietary technology and platforms in our work. We go beyond traditional media monitoring, basic internet searches, and keyword alerts, and when paired with our technology, our analysts are more efficient and effective at uncovering all of the insights that matter to our clients.

Whether a campaign, company, or cause organization, research is a critical piece of achieving your objectives. Therefore, being able to choose a research provider that delivers the most value for your organization’s budget is paramount, because neglecting to do so is like choosing “hope” for a strategy. 

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THE COLLEGE TRY IS NOT ENOUGH

The more you know: as part of their admissions processes, some colleges have started tracking prospective students’ online interactions with the schools. The data being factored includes how long students spent reading admissions emails, whether they clicked on any links, and at what point in high school they started looking at the college’s website. Students are then given a score that reflects their “demonstrated interest” in attending the college to aid admissions officers.

Privacy advocates have accused colleges of taking privacy rights for granted and “surveilling” students, while some have suggested that such tactics only add “anxiety” because students may not know whether or not their activities are being tracked. Whatever one’s viewpoint, this development is yet another way vetting is becoming a prominent tool for public and private organizations making people-related decisions.

FREE SHIPPING UNDER ATTACK

First they came for the plastic bags, then plastic straws, now, with the relentless expansion of e-commerce, free shipping and returns may be the next target for environmentalist do-gooders. While many companies have built free shipping into the cost of products, as consumers expect to be able to return products easily, Belgian organization Fashion Revolution is trying to bring attention to the environmental costs of “free shipping and returns.”

The organization created a new video that showed women trying on clothes on highways, surrounded by trucks and traffic, as a way to illustrate the environmental impact of shipping. Lesson learned: not even free shipping is safe from activist pressure. Companies that rely on shipping their goods to customers must be aware that they may come under attack at any moment and must be ready to respond – because free shipping isn’t free from scrutiny.

DEEPFAKE DRAMA

Digitally forged videos that can be impossible to detect, AKA deepfakes, are all the buzz today. Many people have worried deepfakes could signal the “end of truth” and pose a threat to democracy. Yet some civil liberties advocates have raised concerns that banning deepfakes may threaten protected speech, such as creating parody videos.

Tech companies are also facing exposure, as social media giants may be blamed if the fake videos are spread on their platforms, and lawmakers at both the federal and statelevels are already looking at legislation to criminalize the creation and distribution of deepfakes. With public attention increasing and the legislative process gearing up to plant the first marker in the impending public policy framework, the deepfake drama seems to only be beginning.

TO CATCH A PREDATOR’S DNA

Private genetic testing company Family Tree DNA has teamed up with the Federal Bureau of Investigation (FBI) to help solve violent crime cases. The FBI’s work with Family Tree DNA marks the first time a private firm has agreed voluntarily to allow law enforcement access to its genealogy database. While the FBI would need a subpoena or search warrant to access any data beyond what is available on the public database, the partnership is likely to raise privacy concerns and potential court challenges.

Earlier this year, Family Tree DNA was ranked by U.S. News & World Report as the best DNA kit for “research and strict privacy,” but this new decision may have an impact on that ranking. In the meantime, it could increase calls for regulation of DNA testing companies, although a recent survey found that 85% of respondents were comfortable with law enforcement using their DNA profiles to catch a serial killer or rapist. It appears, at least for now, the general public may be willing to sacrifice their privacy if it means they can play the hero.