Brandjack News

By Quentin Langley

A company that has been praised by Greenpeace for leading on the question of sourcing wood from sustainable products, whose CEO serves on the Board of Rainforest Alliance, and whose market is musicians – a group including many who have taken a stand on environmental issues – would not seem an obvious company to find itself being investigated for breaches of the Lacey Act – an environmental protection measure first brought in by the US Congress in 1900, but greatly extended in 2008. But that is the situation for Gibson Guitars.

As far as we can gather – and the US Department of Justice is not commenting (and we should bear in mind it may have very good reasons for not doing so – the possible breach seems rather technical. In addition to the provisions of US law, the Lacey Act requires companies to obey the law of the company from which they are exporting. That's not unreasonable in principle, since a company exporting from (in this case) India, is required to obey Indian law anyway. But it makes companies accountable in US courts for breaches of foreign laws, which US courts have no history of interpreting. It also includes into US environmental legislation provisions of Indian law which are not, themselves, environmental in nature. Gibson seems to be accused of not using Indian finishers for its wood, which raises the question as to why the DoJ is so keen to enforce India's protectionist legislation, when the Indian government seems happy with Gibson's policies.

And it seems that the DoJ is really keen to enforce this law. Federal authorities have now raided Gibson's factories twice. Wood seized in 2009 has not been returned, even though no prosecution has actually been brought some two years later.

Gibson also alleges some double standards in the application of the law. The company maintains it buys its wood from the same sources as its major competitor, which has not been raided by federal authorities. And this is where social media come in.

Social media provide a natural home for conspiracy theorists. Speculation without actual evidence would not normally merit coverage in the MSM. But bloggers have no such compunction. Many are prepared to voice wild and absurd theories.

In this case the conspiracy theories are speculative – but not wild or absurd. Bloggers point out that the CEO of Gibson is a prominent and generous donor to the Republican Party. His competitor – the one who hasn't been raided – is associated more with the Democrats. Also, Gibson relocated its American factory from the high cost, unionised, North to Tennessee, where it employs non-union labour.

Could federal authorities have singled out Gibson because of its CEO's Republican ties? Certainly, it would be the first abuse of power by the US federal government. The fact that such allegations are being aired may help expose genuine abuses, whether or not this turns out to be one. It might discourage such abuses of power.

Unsubstantiated allegations are both the curse and glory of the internet. Long may they continue.