How Kamala Harris’ tenure as California Attorney General could affect her approach to Big Tech
During Kamala Harris’ tenure as California’s top prosecutor, few knew her better than Travis LeBlanc, special assistant to the California Attorney General and one of her most senior advisers.
While working for Harris, LeBlanc oversaw technology regulation, cybersecurity, privacy, antitrust, and other areas of responsibility. Yahoo Finance spoke exclusively with LeBlanc about Harris’ moves during her tenure from 2011 to 2017, including her business track record and pro-growth approach to technology companies.
“She recognizes that there are big players and small players in the technology sector and that they are not the same,” LeBlanc said. “One of the biggest concerns is that disruptors are given a chance to succeed and that they are not pushed out by an established or a very large player in the market before they have had a chance to flourish.”
Insights into a Harris administration
Last week, the U.S. Department of Justice ruled that Google (GOOGL, GOOG) violated an antitrust law with its search business. The ruling, a major victory for the Biden administration, could serve as a model for future cases. But Harris has so far remained silent on what an antitrust law would look like if she were elected president.
LeBlanc said one of Harris’ biggest goals has always been to “give disruptors a chance to compete, recognizing that the incentives for established and larger companies may be to use the power of government to exclude them from competing in the marketplace.”
In 2012, Harris filed a lawsuit against eBay (EBAY) and settled with the company for $3.75 million, alleging that the company violated antitrust laws in connection with a non-solicitation agreement with Intuit.
One of the largest antitrust cases Harris handled came in late 2011, when she successfully blocked AT&T’s acquisition of T-Mobile’s U.S. business. At the time, Harris joined ten other states that joined forces after several meetings with AT&T leadership.
“That was a very big deal,” LeBlanc said. “T-Mobile used that to become the T-Mobile we know today. They now compete directly with AT&T and Verizon.”
While her record as a prosecutor in California offers some clues about how she would lead the country, LeBlanc and several former employees Yahoo Finance spoke to describe Harris as an effective communicator who would not always resort to litigation.
One of Harris’s most significant accomplishments as attorney general was her office reaching an agreement in 2012 with six tech giants: Apple (AAPL), Amazon (AMZN), Google, Microsoft (MSFT), HP (HPQ) and Research In Motion, requiring the companies to set clear privacy policies for users before they download apps.
“I can’t imagine that these companies would all sign an agreement with an attorney general or a Department of Justice today,” LeBlanc said. “It was a real testament to their ability to bring the stakeholders together, work with them and try to reach a resolution that benefits everyone.”
As vice president, Harris played a key role in the Biden administration’s artificial intelligence efforts.
“President Biden and I reject the false alternative that suggests we can either protect the public or drive innovation,” Harris said last year at the Global Summit on AI Safety in London. “We can and must do both.”
LeBlanc said a Harris administration would likely continue parts of Biden’s AI policies, adding that it would “be aware that technology is evolving, and as we regulate it, we need to do so in a flexible way so that we don’t hinder technological advances in the future in ways that no one intended today.”
Big Tech vs. the FTC
When Harris ran for California Attorney General in 2010, her wealthy backers included Marc Benioff of Salesforce (CRM), Jony Ive of Apple, Sheryl Sandberg of Meta (META), and Steve Jobs’ widow Laurene Powell Jobs.
On Sunday, Harris returned to the city where her political career began for a fundraiser, her first trip to San Francisco since rising to the top of the Democratic ticket. “This is a room full of very, very, very dear friends,” Harris told the gathering of Silicon Valley elites. She raised $13 million that day.
The pro-Harris movement in tech includes donations and support from Reed Hastings and Sheryl Sandberg of Netflix (NFLX), Aaron Levie of Box (BOX), Vinod Khosla of Khosla Venture, and Melinda French Gates, among others.
But Harris faces a difficult balancing act: keeping her donors happy while regulating the tech industry. LinkedIn co-founder Reid Hoffman, who donated $7 million to her campaign, told CNN last month that if elected, Harris would replace Lina Khan, the head of the Federal Trade Commission.
Khan’s term ends in September and her future as FTC chair remains uncertain. Hoffman sits on the board of Microsoft – a company that has a history of clashes with the FTC. According to Hoffman, Harris should choose a new antitrust chief because Khan is “waging a war on the American economy.”
When asked whether Hoffman or the opinions of her deep-pocketed technology donors would influence Harris’ decision about who would lead the FTC, LeBlanc said, “I think she will ultimately make all personnel decisions based on who she thinks is the right person for the job.”
Former aides say Harris helped shape Silicon Valley — and Silicon Valley shaped Harris, who once touted the title “Sheriff of Silicon Valley” during the campaign. It remains to be seen whether she will bear the same nickname if elected commander in chief.
Yasmin Khorram is a senior reporter at Yahoo Finance. Follow Yasmin on Twitter/X @YasminKhorram and further LinkedInSend current tips to Yasmin: [email protected]
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