By: Bradley McNeil, Ph.D. Student (McMaster University)
This blog post discusses the growth Twitter’s lobbying in the US and Canada. It reveals that many of Twitter’s initial lobbying activities in Canada were shaped by Twitter’s and the Canadian Government’s reactions to the 2016 U.S. Election. Twitter has gone on to lobby, as well, on a growing range of issues in Canada from proposed online harms legislation to proposed online news legislation.
Twitter Lobbying in the News
Prior to 2018, Twitter was a modest spender in the realm of lobbying in the United States. In the US, Twitter’s total lobbying expenditures between 2013 and 2017 totaled $2,130,000. Since then, Twitter has nearly tripled their US lobbying expenditures spending $6,480,000 from 2018 to date. The surge of lobbying activities in the United States can be understood as Twitter’s reaction to increased public scrutiny following the use of US based social media platforms by Russian actors who interfered with the democratic process of the 2016 US Presidential Election.
Since the 2016 US Election, lawmakers have called for increased regulation of social media online advertising models. In this new era of increased scrutiny, the subjects of Twitter’s lobbying activities include: Net Neutrality, Consumer Privacy, and content moderation legislation.
In 2017, as a member of the now defunct Internet Association (a powerful American lobbying group made up of major tech corporations such as Google, Amazon, and Facebook) Twitter lobbied about Net Neutrality. The Internet Association’s campaign urged the Federal Communications Commission (FCC) to uphold the 2015 Open Internet Order. Twitter argued that without the FCC’s Net Neutrality rules, Internet Service Providers (ISPs) would block the free flow of information by charging content providers more to access the Internet and reach users. In November 2017, Republican, and then Federal Communications Commission Chairman, Ajit Pai, claimed that Twitter was politically biased in its content moderation practices. Responding to Pai, Twitter asserted that its rules apply to all equally, and reaffirmed that Net Neutrality is central to an open internet. The FCC ended Network Neutrality rules on June 11, 2018.
In September 2019, Twitter lobbied against the California Consumers Privacy Act (CCPA). The Californian act grants users the right to access their personal data collected by online platforms and gives users the option to stop their data from being sold to third parties. Twitter ran an aggressive ad campaign against the CCPA in the State of California. Twitter’s ads claimed that the passing of the CCPA would mean that users would have to start paying for their once free-to-use websites and apps. Although Twitter lobbied against the CCPA alongside the Internet Association, the Act was signed into law on June 28, 2018. The CCPA represents the first consumer privacy act in the country. Twitter remains free to use in California.
In 2019 and 2020, Twitter lobbied against content moderation legislation which threatened to revoke Section 230 of the Communications Decency Act. In 2019, Twitter lobbied against the ‘Ending Support for Internet Censorship Act’ which was introduced by Republican Senator Josh Hawley. The Act would enable the Federal Trade Commission to audit social media tech companies for evidence of political biases in content moderation decisions. Hawley warned social media companies that their government granted immunity from user generated content (UGC) would be revoked unless tech companies were more transparent and accountable for the political effects of their content moderation decisions. Hawley’s Bill was a response to his perceived censorship of President Trump.
Again, In 2020, Twitter lobbied against President Trump’s Executive Order on Preventing Online Censorship which also proposed amendments to Section 230 of the 1996 Communications Decency Act. Twitter argued that the executive order was a politicized retaliation for Twitter’s decision to fact check the President’s tweet about mail-in voting. Twitter was a member of the Center for Democracy and Technology (CDT) which argued Trump’s executive order threatening Section 230 violated the First Amendment rights of social media companies. The Executive Order also involved the creation of agencies to audit for evidence of political bias in the content moderation decisions of private platforms. Trumps executive order was revoked by President Biden on May 14, 2021.
Who Lobbies for Twitter in Canada?
Michele Austin has been the Director of Public Policy for US and Canada since 2018. The Canadian Registry of Lobbyists indicates Austin has been Twitter’s only senior officer whose lobbying activities represent 20% or more of their duties. Austin represents Twitter at hearings with Canadian government officials, policy makers, civil society organizations on both sides of the border.
Austin has held several public offices prior to her position at Twitter. Austin served as chief of staff twice under Stephan Harper’s government. From 2011 to 2012, Austin served as chief of staff at Public Works, Status of Women, Shared Services Canada, where she served conservative member of parliament Rona Ambrose. From 2006 to 2007, Austin served as chief of staff at Industry Canada under Maxime Bernier, the founder, and leader of Canada’s far-right People’s Party. Austin also served as a legislative assistant from 2000-2006, as a speech writer and communications specialist at the House of Commons and for the Office of James Rajotte, and from 1996 to 1997 at the House of Commons at the office of John Williams. In 2022, Austin was named a top 100 lobbyist by the Hill Times.
In 2022, Twitter registered two senior consultants from the Capital Hill Group, one of Canada’s largest independent government relations firms, as lobbyists. Twitter registered consultant David Dyer who has had a 35-year career in government and government relations. From 1985 to 1989, Dyer was Chief of Staff at Industry/Consumer and Corporate Affairs. From 1984 to 1985, he was Director of Communications Supply and Services at Services Directorate. The Capital Hill Group’s website advertises Dyer as a specialist in Canada’s federal Copyright Act, tourism, and culture among several other services areas.
Twitter also hired Fernando Minna who has held several public offices. Capital Hill Group advertises Minna as a specialist in government relations, reputation management, intergovernmental support, policy and regulation. For 25 years, Fernando has served in leadership roles on multiple political campaigns at both the federal and provincial level in Ontario: Policy Advisor in the Office of Brantford MP Phil McColeman in the House of Commons (2016-2021); Policy Advisor for the Minister’s office of Public Works and Government Services Canada (2013-2015); Issues Manager at the Minister’s Office for Public Works and Government Services Canada (2012-2013), Senior Special Assistant for Parliamentary Affairs Public Works and Government Services Canada, Minister’s Office (2010-2012); Assistant to the Parliamentary Secretary Public Safety, Minister’s Office (2009-2010); and Legislative Assistant Office of MP Phil McColeman, House of Commons (2008-2009).
The Registry of Lobbyist website indicates that neither Dyer nor Minna have logged any communication reports with government officials since being hired by Twitter.
that neither Dyer nor Minna have logged any communication reports with government officials since being hired by Twitter.
What Does Twitter Lobby About in Canada?
In 2013, Twitter opened its first Canadian office in Toronto. However, Twitter did not officially register as a lobbyist in Canada until 2018. The surge of Twitter’s lobbying activities in response to the scrutiny social media platforms received in the aftermath of the 2016 US Election spread across the border and into Canada.
In 2018, Twitter’s initial lobbying activities in Canada concerned Bill C-76, the Election Modernization Act, regarding advertising. Anticipating foreign interference in the Canadian 2019 federal election, the Canadian government introduced Bill C-76 which required online platforms to create an online registry of all digital advertisements placed by domestic and foreign political advertisers during federal elections and make them visible to the public for two years. On November 29, 2018, Twitter shared its reservations about Bill C-76 with the Senate of Canada during a Legal and Constitutional Affairs Standing Committee meeting. Austin noted that Bill C-76 would be a setback for its Ads Transparency Centre, a pilot political ad registration system that was already being tested in the US. Austin indicated that Twitter planned to expand its Ad Transparency Centre across the globe, but the addition of uniquely Canadian titles would “add layers of cost and complexity to the engineering build” to the Ad Transparency Centre. Twitter also stated it was uncomfortable with the fact that Bill C-76 made Twitter solely responsible for the verification of identities behind political ads on their platform. Austin noted that Twitter had already “socialized” alternative visions of a political ad identity verification program with Elections Canada and individuals in the office of the Minister of Democratic Institutions. Twitter’s vision involved the creation of a Canadian equivalent to the United States Federal Election Commission (FEC) identity verification system. During the Committee meeting, Senator Linda Frum, who Austin lobbied in November of 2018, supported Austin’s solution, calling the creation of a Canadian equivalent to the FEC for the verification of the identities behind political ads a “no brainer”. Ultimately Twitter’s failure to support for Bill C-76 resulted in Democratic Institutions Minister Karina Gould’s condemnation Twitter for not signing onto a declaration of election integrity. Less than a month after receiving Gould’s letter, Twitter announced its Canadian ad transparency policy which stated they would ban political ads during the two-month pre-writ period of the election. Austin maintains that Twitter has an excellent working relationship with the Democratic Institutions department, Elections Canada, the Commissioner of Canada Elections, and cybersecurity authorities. Austin notes that Twitter appreciated Gould’s criticism, however, the company wishes the Canadian government would appreciate the elections security efforts Twitter has made.
More recently, when Canadian Heritage shared its Online Harms Proposal in 2021, Twitter submitted a critical response to Canadian Heritage. Twitter noted that although the company maintains an “excellent working relationship with both the Royal Canadian Mounted Police (RCMP) and Canadian Security Intelligence Service (CSIS)…digital service providers are not an extension of Canadian law enforcement institutions.” While the Online Harms Proposal generated considerable backlash from academics, civil society groups, and tech companies, Twitter’s response was perhaps most critical, comparing the proposed creation of a Digital Safety Commissioner possessing the power to block websites to the practices of authoritarian governments of China, North Korea, and Iran. During an April 26, 2022, meeting of the Standing Committee on Public Safety and National Security, Austin noted that Twitter happily collaborate and co-operate with law enforcement entities when appropriate and in accordance with legal processes. Austin argued that Twitter was a solution to these problems rather than a problem and quoting Canada’s Global Affairs Minister Joly, said: “More than ever, social media platforms are powerful tools of information. They play a key role in the health of democracies and global stability. Social media platforms play an important role in the fight against disinformation.” Similar to the Twitter’s issues with Bill C-76, Austin indicated that the Online Harms Proposal was another “made in Canada solution” which may overwhelm and overcomplicate the scalability of Twitters content moderation policies and practices across the globe. The final report of the Standing Committee on Public Safety and National Security notes that “Although Meta and Twitter told the committee they invest heavily in technology and human resources to enforce their policies, the harms that arise from the shortcomings of their efforts are undeniable and there is good reason to believe that these harms will persist until the current approach is changed.”
Twitter also lobbies about Bill C-18, Canada’s Online News Act, which would require major tech companies to negotiate deals to pay media outlets to make their news content available on major online platforms. On April 26, 2022, Twitter told the Standing Committee on Public safety and National Security that the company was concerned whether the scope of Bill C-18 would extend to Twitter. Austin claims that Twitter does not generate significant revenue on news in Canada because it is a closed platform which forces users to leave the site when they click on news links. On Twitter’s latest registration version on the Registry of Lobbyist website which was posted four days after Austin’s comments to the Standing Committee, Twitter included Bill C-18 as subject they now lobby about.
The list below indicates the specific subject matters, details, and government institutions Twitter is actively lobbying, including individual communication reports. The information comes from the Registry of Lobbyists.
Subject Matter: Consumer Issues/Industry
Corresponding Communication Reports:
- September 09, 2020 – James Cumming, Member of Parliament for Edmonton Centre | House of Commons
Subject Matter: Elections
Corresponding Communication Reports:
- February 01, 2022 – Philippe-Andre Rodriguez, Deputy Director | Center for International Digital Policy | Global Affairs Canada (GAC)
- October 23, 2019 – Allen Sutherland, Assistant Secretary to the Cabinet, Machinery of Government | Privy Council Office (PCO)
- April 08, 2019 – James Cudmore, Director of Policy | The Office of Karina Gould | House of Commons; Matthew Hall, Policy Advisor | The Office of Karina Gould | House of Commons; Allan Sutherland, Assistant Secretary (Machinery of Government) | Privy Council Office (PCO)
Subject Matter: Intellectual Property
Corresponding Communication Reports:
- October 29, 2021 – Joelle Pare, A/Director, Copyright Policy | Broadcasting, Copyright and Creative Marketplace Branch | Canadian Heritage (PCH)
Subject Matter: Justice and Law Enforcement
Corresponding Communication Reports:
- March 18, 2021 – Caroline Bourbonniere, Head of Appointments | Minister’s Office | Canadian Heritage (PCH); Brian MacKay, Ontario Regional Advisor | Minister’s Office | Canadian Heritage (PCH); Raphael Yacobi-Harris, Policy Advisor | Minister’s Office | Canadian Heritage (PCH)
- May 19, 2020 – Dan Lindenas, Director of Policy | Office of the Minister | Public Safety Canada (PS)
- April 08, 2019 – James Cudmore, Director of Policy | The Office of Karina Gould | House of Commons; Matthew Hall, Policy Advisor | The Office of Karina Gould | House of Commons; Allan Sutherland, Assistant Secretary (Machinery of Government) | Privy Council Office (PCO)
- March 20, 2019 – Stephanie Kusie, Member of Parliament | House of Commons
- November 27, 2018 – Linda Frum, Senator | Senate of Canada
Subject Matter: Telecommunications/Media
Issues related to content moderation.
Corresponding Communication Reports
- May 27, 2022 – Joelle Pare, A/Director, Marketplace and Legal Policy | Marketplace and Legal Policy | Canadian Heritage (PCH)
- May 26, 2022 – Brian MacKay – Senior Policy Advisor | Minister’s Office | Canadian Heritage (PCH); Ron Ahluwalia, Director of Policy | Minister’s Office | Canadian Heritage (PCH)
- April 28, 2022 – John Nater, Member of Parliament | House of Commons
- March 18, 2021 – Caroline Bourbonniere, Head of Appointments | Minister’s Office | Canadian Heritage (PCH); Brian MacKay, Ontario Regional Advisor | Minister’s Office | Canadian Heritage (PCH); Raphael Yacobi-Harris, Policy Advisor | Minister’s Office | Canadian Heritage (PCH)
Subject Matter: National Security/Security
Corresponding Communication Reports:
- April 08, 2019 – James Cudmore, Director of Policy | The Office of Karina Gould | House of Commons; Matthew Hall, Policy Advisor | The Office of Karina Gould | House of Commons; Allan Sutherland, Assistant Secretary (Machinery of Government) | Privy Council Office (PCO)
- March 20, 2019 – Stephanie Kusie, Member of Parliament | House of Commons
- September 13, 2018 – James Cudmore, Director of Policy | Minister’s Office | Privy Council Office (PCO); Amy Archer, Policy Advisor | Privy Council Office (PCO)
- July 11, 2018 – James Cudmore, Director of Policy | The Office of Karina Gould | House of Commons
Subject Matter: Privacy and Access to Information
Details: Government access to electronic communications transactional records.
Corresponding Communication Reports:
- March 16, 2021 – Colin Carrie, Member of Parliament | House of Commons
- February 24, 2021 Feb 24, 2021 – Jennifer Miller, Director General, Marketplace Framework Policy Branch | Innovation, Science and Economic Development Canada (ISED)
- February 22, 2021 – Dane Lloyd, Member of Parliament | House of Commons
- February 05, 2020 – Michelle Rempel Garner, Member of Parliament | House of Commons
Subject Matter: Science and Technology
Corresponding Communication Reports:
- October 23, 2020 – Pierre-Marc Perreault, Acting Director, Broadcasting, Copyright and Creative Marketplace Branch | Canadian Heritage (PCH)
- March 03, 2020 – Julie Boyer, Director General – International Trade | Cultural Affairs | Canadian Heritage (PCH)
- February 13, 2020 – Paul Halucha, Assistant Secretary to Cabinet – Economic and Regional Development Policy | Privy Council Office (PCO)
- January 01, 2020 – Bradley Callaghan, Assistant Deputy Commissioner | Mergers and Monopolistic Practices Branch | Competition Bureau Canada (COBU)
Subject: Taxation and Finance
Details: Income Tax Act, with regard to digital tax proposals.
Corresponding Communication Reports:
- January 01, 2020 – Bradley Callaghan, Assistant Deputy Commissioner | Mergers and Monopolistic Practices Branch | Competition Bureau Canada (COBU)
- October 30, 2019 – Andrew Marsland, Senior Deputy Minister | Finance Canada (FIN) ; Brian Ernewein, Assistant Deputy Minister | Finance Canada (FIN) ; Miodrag Jovanovic, Associate Assistant Deputy Minister | Finance Canada (FIN)
Subject Matter: Budget
Corresponding Communication Reports: There have been no communications reports filed under this subject.
What Government Institutions does Twitter Lobby in Canada?
Twitter has lobbied 15 government institutions to date. A complete list of institutions was created using information from the Lobbying Registry and is provided below:
- Canadian Heritage (PCH)
- Canadian Radio-television and Telecommunications Commission (CRTC)
- Communications Security Establishment Canada (CSEC)
- Competition Bureau Canada (COBU)
- Elections Canada
- Finance Canada (FIN)
- Global Affairs Canada (GAC)
- House of Commons
- Innovation, Science and Economic Development Canada (ISED)
- Prime Minister’s Office (PMO)
- Privy Council Office (PCO)
- Public Safety Canada (PS)
- Senate of Canada
- Treasury Board Of Canada Secretariat (TBS)
- Women and Gender Equality (WAGE)