The Mercury News Weekend

Justice Department opens criminal probe into Uber

- By Elizabeth Dwoskin and Craig Timberg

The Department of Justice has launched a criminal investigat­ion into Uber’s use of a secret software that was used to evade authoritie­s in places where its ridehailin­g service was banned or restricted, according to a person familiar with the government’s probe.

The investigat­ion is in its early stages, but deepens the crisis for the embattled company and its chief executive and founder Travis Kalanick, who has faced a barrage of negative press this year in the wake of high-profile sexual harassment complaints, a slew of high-level executive departures, and a consequent­ial trade secrets lawsuit from Google’s parent company.

The federal criminal probe, first reported by Reuters, focuses on software developed by Uber called “Greyball.” The program helped the company evade officials in cities where Uber was not yet approved. The software identified and blocked rides to transporta­tion regulators who were posing as Uber customers in an effort to prove that the company was operating illegally.

Uber declined to comment on the criminal investigat­ion. The Department of Justice declined to comment, citing its practice of not confirming or denying possible investigat­ions.

In a letter last week to Portland, Oregon, authoritie­s, who had requested informatio­n about the program as part of a civil probe, Uber said grey-balling refers to the practice of showing some customers a different version of the app than most customers see. Uber’s attorneys said the program was used “exceedingl­y sparingly” in Portland, and that the company had not used it since April 2015, when Portland adopted preliminar­y rules allowing Uber to operate.

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