Uber’s battle for Buenos Aires is shaking rule of law in Argentina

A 2016 protest against Uber in Buenos Aires. Image: Getty.

Just 12 hours after Uber’s service became available in the Argentine capital, Buenos Aires, taxi industry representatives took the company – and the city’s administration – to court. The case was similar to those faced by the company in London, Barcelona, Copenhagen, Budapest, Frankfurt and several US states and Canadian provinces. Uber has faced legal challenges in relation to labour and licensing regulations, as well as allegations of misuse of data and tax avoidance.

Uber’s expansion has become a global epic with regional episodes. While the specifics differ, the terms of the debate remain the same. On one side: the rhetoric of inevitable technological progress and free choice. On the other: claims that precarious work and exploitation have reappeared in a sleeker guise.

Yet the Buenos Aires instalment of the saga is, in some ways, unique. In other places, Uber has acted on authorities’ demands – in some cases leaving those markets entirely, in others reforming or waiting for new regulations to develop. But on 22 April 2016, when a Buenos Aires judge declared Uber’s activities to be in breach of local laws and ordered the immediate blockade of the app, Uber simply continued its operations.

Since then, protests by both Uber and taxi drivers have intensified, while the conflict has branched out on several legal fronts, dragging in more courts, Uber drivers, tax authorities, Uber officials themselves and most recently one of the company’s Argentine lawyers, who initiated legal action in the state of California for what his legal representatives describe as “the unimaginable harm Uber inflicted on him as a result of Uber’s recklessly orchestrated entry into Buenos Aires”.

Uber’s strategy might seem scandalous – perhaps even more so, because it’s working.


Power to the people?

From the beginning of the conflict, the ride-sharing company argued that existing rules were obsolete, and that it was willing to cooperate with authorities to develop a legal framework “adapted to 21st century technology”, so that people would be “able to choose freely” like millions of others around the world.

Among the middle classes of many developing nations like Argentina, these arguments and references to modernity have huge political significance. In countries where democratic institutions are haunted by spectres of corruption and bureaucratic mismanagement, citizens see in Uber’s platform a world of opportunities. Anyone can set out and drive someone for money, a completely impenetrable algorithm produces market values according to demand, and users rate each other based on their experience. And crucially, no local actor can interfere: Uber’s separation from the state is seen to guarantee its virtues.

As part of my PhD fieldwork in Buenos Aires, I was researching how the middle classes understood the place of Argentina in the world. To these people, Uber carried the promise of a modernity beyond local interests and petty regulations. It seems the company has effectively aligned itself with the side of “the people”, in a struggle against governments, unions and other interests, which appear to stand in the way of progress.

A test for democracy

The legal tug-of-war resulting from Uber’s strategy is testing the strength of Argentina’s governance structures. Cities and states seeking to enforce the rule of law can appear silly and provincial in the eyes of their citizens – even when similar laws are followed elsewhere. Buenos Aires’ minister of transportation characterised Uber’s business strategy as being “two-tiered”: respecting governments in developed countries, ignoring them in developing ones.

Uber’s regional director for Latin America George Gordon replied:

French president Emmanuel Macron received Dara Khosrowshahi, Uber’s CEO, and they jointly announced investments in new forms of transportation and the launching of an insurance policy bringing maternity and paternity benefits to drivers and accident and injury coverage. This is an example of the relations we want to build in each country and city where we operate. Uber will continue to operate in Argentina, committed to growing and in the hope of opening a space of dialogue and cooperation with national authorities.

The irony is that the modernity middle class people in developing countries yearn for cannot exist without government and the rule of law. The structures and policies of private companies are set up for profit, not for public interest. The point of the law is precisely to ensure there is a framework citizens can reach out for, when things go wrong.

If the driver of a ride-sharing platform commits a crime, would a low rating be sufficient sanction? Would it be for that platform’s management to decide what counts as evidence? Those opposing Uber asked such questions hundreds of times, but amid the race for modernity they have seemed to be somehow missing the point.

Uber’s legal conflict in Buenos Aires may be entering its fourth year, but the people have already decided their winner. A developing nation’s yearning for modernity proved the crucial battleground for a slightly different epic than usual. At the very least, this ongoing saga should prompt new debates about new technologies and their place in people’s lives.

The Conversation

Juan Manuel del Nido, Postdoctoral Researcher, University of Manchester.

This article is republished from The Conversation under a Creative Commons license. Read the original article.

 
 
 
 

London’s rail and tube map is out of control

Aaaaaargh. Image: Getty.

The geographical limits of London’s official rail maps have always been slightly arbitrary. Far-flung commuter towns like Amersham, Chesham and Epping are all on there, because they have tube stations. Meanwhile, places like Esher or Walton-on-Thames – much closer to the city proper, inside the M25, and a contiguous part of the built up area – aren’t, because they fall outside the Greater London and aren’t served by Transport for London (TfL) services. This is pretty aggravating, but we are where we are.

But then a few years ago, TfL decided to show more non-London services on its combined Tube & Rail Map. It started with a few stations slightly outside the city limits, but where you could you use your Oyster card. Then said card started being accepted at Gatwick Airport station – and so, since how to get to a major airport is a fairly useful piece of information to impart to passengers, TfL’s cartographers added that line too, even though it meant including stations bloody miles away.

And now the latest version seems to have cast all logic to the wind. Look at this:

Oh, no. Click to expand. Image: TfL.

The logic for including the line to Reading is that it’s now served by TfL Rail, a route which will be part of the Elizabeth Line/Crossrail, when they eventually, finally happen. But you can tell something’s gone wrong here from the fact that showing the route, to a town which is well known for being directly west of London, requires an awkward right-angle which makes it look like the line turns north, presumably because otherwise there’d be no way of showing it on the map.

What’s more, this means that a station 36 miles from central London gets to be on the map, while Esher – barely a third of that distance out – doesn’t. Nor does Windsor & Eton Central, because it’s served by a branchline from Slough rather than TfL Rail trains, even though as a fairly major tourist destination it’d probably be the sort of place that at least some users of this map might want to know how to get to.

There’s more. Luton Airport Parkway is now on the map, presumably on the basis that Gatwick is. But that station doesn’t accept Oyster cards yet, so you get this:

Gah. Click to expand. Image: TfL.

There’s a line, incidentally, between Watford Junction and St Albans Abbey, which is just down the road from St Albans City. Is that line shown on the map? No it is not.

Also not shown on the map: either Luton itself, just one stop up the line from Luton Airport Parkway, or Stansted Airport, even though it’s an airport and not much further out than places which are on the map. Somewhere that is, however, is Welwyn Garden City, which doesn’t accept Oyster, isn’t served by TfL trains and also – this feels important – isn’t an airport.

And meanwhile a large chunk of Surrey suburbia inside the M25 isn’t shown, even though it must have a greater claim to be a part of London’s rail network than bloody Reading.

The result of all these decisions is that the map covers an entirely baffling area whose shape makes no sense whatsoever. Here’s an extremely rough map:

Just, what? Image: Google Maps/CityMetric.

I mean that’s just ridiculous isn’t it.

While we’re at it: the latest version shows the piers from which you can get boats on the Thames. Except for when it doesn’t because they’re not near a station – for example, Greenland Pier, just across the Thames to the west of the Isle of Dogs, shown here with CityMetric’s usual artistic flair.

Spot the missing pier. You can’t, because it’s missing. Image: TfL/CityMetric.

I’m sure there must be a logic to all of this. It’s just that I fear the logic is “what makes life easier for the TfL cartography team” rather than “what is actually valuable information for London’s rail passengers”.

And don’t even get me started on this monstrosity.

Jonn Elledge is the editor of CityMetric. He is on Twitter as @jonnelledge and on Facebook as JonnElledgeWrites.