News

Thursday 2026-04-02

05:00 PM

X Asks Court to Dismiss Music Piracy Lawsuit After Supreme Court’s Cox Ruling [TorrentFreak]

x twitterIn a complaint filed at a Nashville federal court in 2023, Universal Music, Sony Music, EMI and others, accused X Corp of ‘breeding’ mass copyright infringement.

The social media company allegedly failed to respond adequately to takedown notices and lacked a proper termination policy.

The National Music Publishers Association (NMPA), for example, claimed it had sent over 300,000 formal infringement notices, many of which didn’t lead to immediate removals.

“Twitter routinely ignores known repeat infringers and known infringements, refusing to take simple steps that are available to Twitter to stop these specific instances of infringement of which it is aware,” the music companies alleged.

X Won the First Battle

In 2024, X scored a partial win when the court dismissed the music publishers’ direct and vicarious copyright infringement claims, and partially dismissed claims of contributory infringement.

The court concluded that X can’t be held liable for making it ‘very easy’ to upload infringing material or for monetizing pirated content. Those characteristics are not exclusive to infringing material and apply to legitimate content.

While this was a partial win for X, most of the contributory infringement claim remained intact, and the lawsuit was allowed to move forward on those grounds.

Among other things, the music companies argued that X is liable because it willingly turned a blind eye to pirating users, especially those who have a blue checkmark. However, according to a new filing by X this week, new legal developments warrant a full dismissal now.

Cox Sets the New Standard

Last Friday, X informed the Tennessee federal court about the Supreme Court decision in Cox v. Sony, which was decided in favor of the ISP last week. This ruling also concerns a ‘repeat infringer’ case, and it sets a clear standard for contributory copyright infringement.

Under the Supreme Court’s new standard, a service provider can only be held contributorily liable if it intended its service to be used for infringement. That intent can be shown in just two ways: the provider actively induced copyright infringement through specific acts, or the service has no substantial non-infringing uses. Nothing else qualifies.

X argues that the music publishers’ surviving claim fails both tests. Social media is clearly capable of substantial non-infringing uses, and the publishers never alleged that X took specific steps to actively encourage infringement.

The social media platform argues that, under the new Cox precedent, the contributory infringement claim fails as a matter of law and the entire case should be dismissed.

“F the DMCA”

To stress that there is a high bar for these infringement claims, X directly references some of the most damning evidence in the Cox case, which was not enough to establish liability.

“Cox even expressed contempt for copyright law, writing emails with comments like ‘F the DMCA.’ Despite these facts, the Supreme Court had no trouble reversing the jury’s contributory-infringement verdict, because such facts were not ‘evidence of express promotion, marketing, and intent to promote infringement,” X notes in its filing.

The comparison is somewhat ironic, as Elon Musk himself once publicly described the DMCA as a “plague on humanity”, which the music publishers cited in their original complaint as evidence of a hostile attitude toward copyright.

While controversial, these statements don’t appear to matter for a contributory infringement claim, as they don’t actively induce copyright infringement. Therefore, X believes that the present case should be dismissed.

“If the Supreme Court had issued this opinion three years ago, X believes this Court would have dismissed Plaintiffs’ contributory-infringement claim in its entirety. Indeed, virtually every contributory-infringement case Plaintiffs cited in opposing X’s motion to dismiss – including the Fourth Circuit case on which this Court relied – is no longer good law,” X writes.

Millions at Stake

X is not simply flagging the Supreme Court ruling for the record. The social media platform asks Judge Trauger for a status conference before both sides spend millions more on a case that may have already been rendered pointless.

There are various motions pending while the case is heading to summary judgment, and X asks the court to reconsider whether the new Cox precedent warrants a more streamlined process.

“If the Court would prefer to address these issues at summary judgment, X is prepared to do so. But both sides are now poised to spend millions of dollars in fees and expert expenses in the coming months on issues that Cox makes irrelevant as a matter of law,” X writes.

X says that it plans to move for judgment on the pleadings, or alternatively, it will ask the court to reconsider its earlier motion to dismiss ruling in light of new legal reality. For now, X is proposing a hearing to find the most efficient path forward.

Whatever the court decides, the legal standoff between X and the music industry will be far from over. Earlier this year, Elon Musk’s company filed a landmark antitrust complaint against the NMPA, Sony, Universal, and other major music publishers, alleging that they “weaponized” the DMCA to force licensing deals.

A copy of X’s notice, filed earlier this week at the U.S. District Court for the Middle District of Tennessee, is available here (pdf).

Update: The music companies filed a response in court, agreeing to stay the matter temporarily, until the court decides how to move forward (pdf).

From: TF, for the latest news on copyright battles, piracy and more.

02:00 PM

Federal Cyber Experts Thought Microsoft’s Cloud Was “A Pile Of Shit.” They Approved It Anyway. [Techdirt]

This story was originally published by ProPublica. Republished under a CC BY-NC-ND 3.0 license.

In late 2024, the federal government’s cybersecurity evaluators rendered a troubling verdict on one of Microsoft’s biggest cloud computing offerings.

The tech giant’s “lack of proper detailed security documentation” left reviewers with a “lack of confidence in assessing the system’s overall security posture,” according to an internal government report reviewed by ProPublica.

Or, as one member of the team put it: “The package is a pile of shit.”

For years, reviewers said, Microsoft had tried and failed to fully explain how it protects sensitive information in the cloud as it hops from server to server across the digital terrain. Given that and other unknowns, government experts couldn’t vouch for the technology’s security.

Such judgments would be damning for any company seeking to sell its wares to the U.S. government, but it should have been particularly devastating for Microsoft. The tech giant’s products had been at the heart of two major cybersecurity attacks against the U.S. in three years. In one, Russian hackers exploited a weakness to steal sensitive data from a number of federal agencies, including the National Nuclear Security Administration. In the other, Chinese hackers infiltrated the email accounts of a Cabinet member and other senior government officials.

The federal government could be further exposed if it couldn’t verify the cybersecurity of Microsoft’s Government Community Cloud High, a suite of cloud-based services intended to safeguard some of the nation’s most sensitive information.

Yet, in a highly unusual move that still reverberates across Washington, the Federal Risk and Authorization Management Program, or FedRAMP, authorized the product anyway, bestowing what amounts to the federal government’s cybersecurity seal of approval. FedRAMP’s ruling — which included a kind of “buyer beware” notice to any federal agency considering GCC High — helped Microsoft expand a government business empire worth billions of dollars.

“BOOM SHAKA LAKA,” Richard Wakeman, one of the company’s chief security architects, boasted in an online forum, celebrating the milestone with a meme of Leonardo DiCaprio in “The Wolf of Wall Street.” Wakeman did not respond to requests for comment.

It was not the type of outcome that federal policymakers envisioned a decade and a half ago when they embraced the cloud revolution and created FedRAMP to help safeguard the government’s cybersecurity. The program’s layers of review, which included an assessment by outside experts, were supposed to ensure that service providers like Microsoft could be entrusted with the government’s secrets. But ProPublica’s investigation — drawn from internal FedRAMP memos, logs, emails, meeting minutes, and interviews with seven former and current government employees and contractors — found breakdowns at every juncture of that process. It also found a remarkable deference to Microsoft, even as the company’s products and practices were central to two of the most damaging cyberattacks ever carried out against the government.

FedRAMP first raised questions about GCC High’s security in 2020 and asked Microsoft to provide detailed diagrams explaining its encryption practices. But when the company produced what FedRAMP considered to be only partial information in fits and starts, program officials did not reject Microsoft’s application. Instead, they repeatedly pulled punches and allowed the review to drag out for the better part of five years. And because federal agencies were allowed to deploy the product during the review, GCC High spread across the government as well as the defense industry. By late 2024, FedRAMP reviewers concluded that they had little choice but to authorize the technology — not because their questions had been answered or their review was complete, but largely on the grounds that Microsoft’s product was already being used across Washington.

Today, key parts of the federal government, including the Justice and Energy departments, and the defense sector rely on this technology to protect highly sensitive information that, if leaked, “could be expected to have a severe or catastrophic adverse effect” on operations, assets and individuals, the government has said.

“This is not a happy story in terms of the security of the U.S.,” said Tony Sager, who spent more than three decades as a computer scientist at the National Security Agency and now is an executive at the nonprofit Center for Internet Security.

For years, the FedRAMP process has been equated with actual security, Sager said. ProPublica’s findings, he said, shatter that facade.

“This is not security,” he said. “This is security theater.”

ProPublica is exposing the government’s reservations about this popular product for the first time. We are also revealing Microsoft’s yearslong inability to provide the encryption documentation and evidence the federal reviewers sought.

The revelations come as the Justice Department ramps up scrutiny of the government’s technology contractors. In December, the department announced the indictment of a former employee of Accenture who allegedly misled federal agencies about the security of the company’s cloud platform and its compliance with FedRAMP’s standards. She has pleaded not guilty. Accenture, which was not charged with wrongdoing, has said that it “proactively brought this matter to the government’s attention” and that it is “dedicated to operating with the highest ethical standards.”

Microsoft has also faced questions about its disclosures to the government. As ProPublica reported last year, the company failed to inform the Defense Department about its use of China-based engineers to maintain the government’s cloud systems, despite Pentagon rules stipulating that “No Foreign persons may have” access to its most sensitive data. The department is investigating the practice, which officials say could have compromised national security.

Microsoft has defended its program as “tightly monitored and supplemented by layers of security mitigations,” but after ProPublica’s story published last July, the company announced that it would stop using China-based engineers for Defense Department work.

In response to written questions for this story and in an interview, Microsoft acknowledged the yearslong confrontation with FedRAMP but also said it provided “comprehensive documentation” throughout the review process and “remediated findings where possible.”

“We stand by our products and the comprehensive steps we’ve taken to ensure all FedRAMP-authorized products meet the security and compliance requirements necessary,” a spokesperson said in a statement, adding that the company would “continue to work with FedRAMP to continuously review and evaluate our services for continued compliance.”

But these days, ProPublica found, there aren’t many people left at FedRAMP to work with.

The program was an early target of the Trump administration’s Department of Government Efficiency, which slashed its staff and budget. Even FedRAMP acknowledges it is operating “with an absolute minimum of support staff” and “limited customer service.” The roughly two dozen employees who remain are “entirely focused on” delivering authorizations at a record pace, FedRAMP’s director has said. Today, its annual budget is just $10 million, its lowest in a decade, even as it has boasted record numbers of new authorizations for cloud products.

The consequence of all this, people who have worked for FedRAMP told ProPublica, is that the program now is little more than a rubber stamp for industry. The implications of such a downsizing for federal cybersecurity are far-reaching, especially as the administration encourages agencies to adopt cloud-based artificial intelligence tools, which draw upon reams of sensitive information.

The General Services Administration, which houses FedRAMP, defended the program, saying it has undergone “significant reforms to strengthen governance” since GCC High arrived in 2020. “FedRAMP’s role is to assess if cloud services have provided sufficient information and materials to be adequate for agency use, and the program today operates with strengthened oversight and accountability mechanisms to do exactly that,” a GSA spokesperson said in an emailed statement.

The agency did not respond to written questions regarding GCC High.

A “Cloud First” World

About two decades ago, federal officials predicted that the cloud revolution, providing on-demand access to shared computing via the internet, would usher in an era of cheaper, more secure and more efficient information technology. 

Moving to the cloud meant shifting away from on-premises servers owned and operated by the government to those in massive data centers maintained by tech companies. Some agency leaders were reluctant to relinquish control, while others couldn’t wait to.

In an effort to accelerate the transition, the Obama administration issued its “Cloud First” policy in 2011, requiring all agencies to implement cloud-based tools “whenever a secure, reliable, cost-effective” option existed. To facilitate adoption, the administration created FedRAMP, whose job was to ensure the security of those tools

FedRAMP’s “do once, use many times” system was intended to streamline and strengthen the government procurement process. Previously, each agency using a cloud service vetted it separately, sometimes applying different interpretations of federal security requirements. Under the new program, agencies would be able to skip redundant security reviews because FedRAMP authorization indicated that the product had already met standardized requirements. Authorized products would be listed on a government website known as the FedRAMP Marketplace.

On paper, the program was an exercise in efficiency. But in practice, the small FedRAMP team could not keep up with the flood of demand from tech companies that wanted their products authorized. 

The slow approval process frustrated both the tech industry, eager for a share in the billions of federal dollars up for grabs, and government agencies that were under pressure to migrate to the cloud. These dynamics sometimes pitted the cloud industry and agency officials together against FedRAMP. The backlog also prompted many agencies to take an alternative path: performing their own reviews of the products they wanted to adopt, using FedRAMP’s standards. 

It was through this “agency path” that GCC High entered the federal bloodstream, with the Justice Department paving the way. Initially, some Justice officials were nervous about the cloud and who might have access to its information, which includes highly sensitive court and law enforcement records, a Justice Department official involved in the decision told ProPublica. The department’s cybersecurity program required it to ensure that only U.S. citizens “access or assist in the development, operation, management, or maintenance” of its IT systems, unless a waiver was granted. Justice’s IT specialists recommended pursuing GCC High, believing it could meet the elevated security needs, according to the official, who spoke on condition of anonymity because they were not authorized to discuss internal matters.

Pursuant to FedRAMP’s rules, Microsoft had GCC High evaluated by a so-called third-party assessment organization, which is supposed to provide an independent review of whether the product has met federal standards. The Justice Department then performed its own evaluation of GCC High using those standards and ruled the offering acceptable.

By early 2020, Melinda Rogers, Justice’s deputy chief information officer, made the decision official and soon deployed GCC High across the department.

It was a milestone for all involved. Rogers had ushered the Justice Department into the cloud, and Microsoft had gained a significant foothold in the cutthroat market for the federal government’s cloud computing business. 

Moreover, Rogers’ decision placed GCC High on the FedRAMP Marketplace, the government’s influential online clearinghouse of all the cloud providers that are under review or already authorized. Its mere mention as “in process” was a boon for Microsoft, amounting to free advertising on a website used by organizations seeking to purchase cloud services bearing what is widely seen as the government’s cybersecurity seal of approval.

That April, GCC High landed at FedRAMP’s office for review, the final stop on its bureaucratic journey to full authorization. 

Microsoft’s Missing Information

In theory, there shouldn’t have been much for FedRAMP’s team to do after the third-party assessor and Justice reviewed GCC High, because all parties were supposed to be following the same requirements.

But it was around this time that the Government Accountability Office, which investigates federal programs, discovered breakdowns in the process, finding that agency reviews sometimes were lacking in quality. Despite missing details, FedRAMP went on to authorize many of these packages. Acknowledging these shortcomings, FedRAMP began to take a harder look at new packages, a former reviewer said.

This was the environment in which Microsoft’s GCC High application entered the pipeline. The name GCC High was an umbrella covering many services and features within Office 365 that all needed to be reviewed. FedRAMP reviewers quickly noticed key material was missing.

The team homed in on what it viewed as a fundamental document called a “data flow diagram,” former members told ProPublica. The illustration is supposed to show how data travels from Point A to Point B — and, more importantly, how it’s protected as it hops from server to server. FedRAMP requires data to be encrypted while in transit to ensure that sensitive materials are protected even if they’re intercepted by hackers.

But when the FedRAMP team asked Microsoft to produce the diagrams showing how such encryption would happen for each service in GCC High, the company balked, saying the request was too challenging. So the reviewers suggested starting with just Exchange Online, the popular email platform.

“This was our litmus test to say, ‘This isn’t the only thing that’s required, but if you’re not doing this, we are not even close yet,’” said one reviewer who spoke on condition of anonymity because they were not authorized to discuss internal matters. Once they reached the appropriate level of detail, they would move from Exchange to other services within GCC High.

It was the kind of detail that other major cloud providers such as Amazon and Google routinely provided, members of the FedRAMP team told ProPublica. Yet Microsoft took months to respond. When it did, the former reviewer said, it submitted a white paper that discussed GCC High’s encryption strategy but left out the details of where on the journey data actually becomes encrypted and decrypted — so FedRAMP couldn’t assess that it was being done properly.

A Microsoft spokesperson acknowledged that the company had “articulated a challenge related to illustrating the volume of information being requested in diagram form” but “found alternate ways to share that information.”

Rogers, who was hired by Microsoft in 2025, declined to be interviewed. In response to emailed questions, the company provided a statement saying that she “stands by the rigorous evaluation that contributed to” her authorization of GCC High. A spokesperson said there was “absolutely no connection” between her hiring and the decisions in the GCC High process, and that she and the company complied with “all rules, regulations, and ethical standards.”

The Justice Department declined to respond to written questions from ProPublica.

A Fight Over “Spaghetti Pies”

As 2020 came to a close, a national security crisis hit Washington that underscored the consequences of cyber weakness. Russian state-sponsored hackers had been quietly working their way through federal computer systems for much of the year and vacuuming up sensitive data and emails from U.S. agencies — including the Justice Department

At the time, most of the blame fell on a Texas-based company called SolarWinds, whose software provided hackers their initial opening and whose name became synonymous with the attack. But, as ProPublica has reported, the Russians leveraged that opening to exploit a long-standing weakness in a Microsoft product — one that the company had refused to fix for years, despite repeated warnings from one of its engineers. Microsoft has defended its decision not to address the flaw, saying that it received “multiple reviews” and that the company weighs a variety of factors when making security decisions.

In the aftermath, the Biden administration took steps to bolster the nation’s cybersecurity. Among them, the Justice Department announced a cyber-fraud initiative in 2021 to crack down on companies and individuals that “put U.S. information or systems at risk by knowingly providing deficient cybersecurity products or services, knowingly misrepresenting their cybersecurity practices or protocols, or knowingly violating obligations to monitor and report cybersecurity incidents and breaches.”

Deputy Attorney General Lisa Monaco said the department would use the False Claims Act to pursue government contractors “when they fail to follow required cybersecurity standards — because we know that puts all of us at risk.”

But if Microsoft felt any pressure from the SolarWinds attack or from the Justice Department’s announcement, it didn’t manifest in the FedRAMP talks, according to former members of the FedRAMP team.

The discourse between FedRAMP and Microsoft fell into a pattern. The parties would meet. Months would go by. Microsoft would return with a response that FedRAMP deemed incomplete or irrelevant. To bolster the chances of getting the information it wanted, the FedRAMP team provided Microsoft with a template, describing the level of detail it expected. But the diagrams Microsoft returned never met those expectations.

“We never got past Exchange,” one former reviewer said. “We never got that level of detail. We had no visibility inside.”

In an interview with ProPublica, John Bergin, the Microsoft official who became the government’s main contact, acknowledged the prolonged back-and-forth but blamed FedRAMP, equating its requests for diagrams to a “rock fetching exercise.” 

“We were maybe incompetent in how we drew drawings because there was no standard to draw them to,” he said. “Did we not do it exactly how they wanted? Absolutely. There was always something missing because there was no standard.”

A Microsoft spokesperson said without such a standard, “cloud providers were left to interpret the level of abstraction and representation on their own,” creating “inconsistency and confusion, not an unwillingness to be transparent.” 

But even Microsoft’s own engineers had struggled over the years to map the architecture of its products, according to two people involved in building cloud services used by federal customers. At issue, according to people familiar with Microsoft’s technology, was the decades-old code of its legacy software, which the company used in building its cloud services. 

One FedRAMP reviewer compared it to a “pile of spaghetti pies.” The data’s path from Point A to Point B, the person said, was like traveling from Washington to New York with detours by bus, ferry and airplane rather than just taking a quick ride on Amtrak. And each one of those detours represents an opportunity for a hijacking if the data isn’t properly encrypted.

Other major cloud providers such as Amazon and Google built their systems from the ground up, said Sager, the former NSA computer scientist, who worked with all three companies during his time in government.

Microsoft’s system is “not designed for this kind of isolation of ‘secure’ from ‘not secure,’” Sager said.

A Microsoft spokesperson acknowledged the company faces a unique challenge but maintained that its cloud products meet federal security requirements.

“Unlike providers that started later with a narrower product scope, Microsoft operates one of the broadest enterprise and government platforms in the world, supporting continuity for millions of customers while simultaneously modernizing at scale,” the spokesperson said in emailed responses. “That complexity is not ‘spaghetti,’ but it does mean the work of disentangling, isolating, and hardening systems is continuous.”

The spokesperson said that since 2023, Microsoft has made “security‑first architectural redesign, legacy risk reduction, and stronger isolation guarantees a top, company‑wide priority.”

Assessors Back-Channel Cyber Concerns

The FedRAMP team was not the only party with reservations about GCC High. Microsoft’s third-party assessment organizations also expressed concerns.

The firms are supposed to be independent but are hired and paid by the company being assessed. Acknowledging the potential for conflicts of interest, FedRAMP has encouraged the assessment firms to confidentially back-channel to its reviewers any negative feedback that they were unwilling to bring directly to their clients or reflect in official reports.

In 2020, two third-party assessors hired by Microsoft, Coalfire and Kratos, did just that. They told FedRAMP that they were unable to get the full picture of GCC High, a former FedRAMP reviewer told ProPublica.

“Coalfire and Kratos both readily admitted that it was difficult to impossible to get the information required out of Microsoft to properly do a sufficient assessment,” the reviewer told ProPublica.

The back channel helped surface cybersecurity issues that otherwise might never have been known to the government, people who have worked with and for FedRAMP told ProPublica. At the same time, they acknowledged its existence undermined the very spirit and intent of having independent assessors.

A spokesperson for Coalfire, the firm that initially handled the GCC High assessment, requested written questions from ProPublica, then declined to respond. 

A spokesperson for Kratos, which replaced Coalfire as the GCC High assessor, declined an interview request. In an emailed response to written questions, the spokesperson said the company stands by its official assessment and recommendation of GCC High and “absolutely refutes” that it “ever would sign off on a product we were unable to fully vet.” The company “has open and frank conversations” with all customers, including Microsoft, which “submitted all requisite diagrams to meet FedRAMP-defined requirements,” the spokesperson said.

Kratos said it “spent extensive time working collaboratively with FedRAMP in their review” and does not consider such discussions to be “backchanneling.”

FedRAMP, however, was dissatisfied with Kratos’ ongoing work and believed the firm “should be pushing back” on Microsoft more, the former reviewer said. It placed Kratos on a “corrective action plan,” which could eventually result in loss of accreditation. The company said it did not agree with FedRAMP’s action but provided “additional trainings for some internal assessors” in response to it. 

The Microsoft spokesperson told ProPublica the company has “always been responsive to requests” from Kratos and FedRAMP. “We are not aware of any backchanneling, nor do we believe that backchanneling would have been necessary given our transparency and cooperation with auditor requests,” the spokesperson said.

In response to questions from ProPublica about the process, the GSA said in an email that FedRAMP’s system “does not create an inherent conflict of interest for professional auditors who meet ethical and contractual performance expectations.”

GSA did not respond to questions about back-channeling but said the “correct process” is for a third-party assessor to “state these problems formally in a finding during the security assessment so that the cloud service provider has an opportunity to fix the issue.”

FedRAMP Ends Talks

The back-and-forth between the FedRAMP reviewers and Microsoft’s team went on for years with little progress. Then, in the summer of 2023, the program’s interim director, Brian Conrad, got a call from the White House that would alter the course of the review.

Chinese state-sponsored hackers had infiltrated GCC, the lower-cost version of Microsoft’s government cloud, and stolen data and emails from the commerce secretary, the U.S. ambassador to China and other high-ranking government officials. In the aftermath, Chris DeRusha, the White House’s chief information security officer, wanted a briefing from FedRAMP, which had authorized GCC.

The decision predated Conrad’s tenure, but he told ProPublica that he left the conversation with several takeaways. First, FedRAMP must hold all cloud providers — including Microsoft — to the same standards. Second, he had the backing of the White House in standing firm. Finally, FedRAMP would feel the political heat if any cloud service with a FedRAMP authorization were hacked.

DeRusha confirmed Conrad’s account of the phone call but declined to comment further.

Within months, Conrad informed Microsoft that FedRAMP was ending the engagement on GCC High.

“After three years of collaboration with the Microsoft team, we still lack visibility into the security gaps because there are unknowns that Microsoft has failed to address,” Conrad wrote in an October 2023 email. This, he added, was not for FedRAMP’s lack of trying. Staffers had spent 480 hours of review time, had conducted 18 “technical deep dive” sessions and had numerous email exchanges with the company over the years. Yet they still lacked the data flow diagrams, crucial information “since visibility into the encryption status of all data flows and stores is so important,” he wrote.

If Microsoft still wanted FedRAMP authorization, Conrad wrote, it would need to start over.

A FedRAMP reviewer, explaining the decision to the Justice Department, said the team was “not asking for anything above and beyond what we’ve asked from every other” cloud service provider, according to meeting minutes reviewed by ProPublica. But the request was particularly justified in Microsoft’s case, the reviewer told the Justice officials, because “each time we’ve actually been able to get visibility into a black box, we’ve uncovered an issue.”

“We can’t even quantify the unknowns, which makes us very uncomfortable,” the reviewer said, according to the minutes.

Microsoft and the Justice Department Push Back

Microsoft was furious. Failing to obtain authorization and starting the process over would signal to the market that something was wrong with GCC High. Customers were already confused and concerned about the drawn-out review, which had become a hot topic in an online forum used by government and technology insiders. There, Wakeman, the Microsoft cybersecurity architect, deflected blame, saying the government had been “dragging their feet on it for years now.”

Meanwhile, to build support for Microsoft’s case, Bergin, the company’s point person for FedRAMP and a former Army official, reached out to government leaders, including one from the Justice Department.

The Justice official, who spoke on condition of anonymity because they were not authorized to discuss the matter, said Bergin complained that the delay was hampering Microsoft’s ability “to get this out into the market full sail.” Bergin then pushed the Justice Department to “throw around our weight” to help secure FedRAMP authorization, the official said.

That December, as the parties gathered to hash things out at GSA’s Washington headquarters, Justice did just that. Rogers, who by then had been promoted to the department’s chief information officer, sat beside Bergin — on the opposite side of the table from Conrad, the FedRAMP director.

Rogers and her Justice colleagues had a stake in the outcome. Since authorizing and deploying GCC High, she had received accolades for her work modernizing the department’s IT and cybersecurity. But without FedRAMP’s stamp of approval, she would be the government official left holding the bag if GCC High were involved in a serious hack. At the same time, the Justice Department couldn’t easily back out of using GCC High because once a technology is widely deployed, pulling the plug can be costly and technically challenging. And from its perspective, the cloud was an improvement over the old government-run data centers.

Shortly after the meeting kicked off, Bergin interrupted a FedRAMP reviewer who had been presenting PowerPoint slides. He said the Justice Department and third-party assessor had already reviewed GCC High, according to meeting minutes. FedRAMP “should essentially just accept” their findings, he said.

Then, in a shock to the FedRAMP team, Rogers backed him up and went on to criticize FedRAMP’s work, according to two attendees.

In its statement, Microsoft said Rogers maintains that FedRAMP’s approach “was misguided and improperly dismissed the extensive evaluations performed by DOJ personnel.”

Bergin did not dispute the account, telling ProPublica that he had been trying to argue that it is the purview of third-party assessors such as Kratos — not FedRAMP — to evaluate the security of cloud products. And because FedRAMP must approve the third-party assessment firms, the program should have taken its issues up with Kratos.

“When you are the regulatory agency who determines who the auditors are and you refuse to accept your auditors’ answers, that’s not a ‘me’ problem,” Bergin told ProPublica.

The GSA did not respond to questions about the meeting. The Justice Department declined to comment.

Pressure Mounts on FedRAMP

If there was any doubt about the role of FedRAMP, the White House issued a memorandum in the summer of 2024 that outlined its views. FedRAMP, it said, “must be capable of conducting rigorous reviews” and requiring cloud providers to “rapidly mitigate weaknesses in their security architecture.” The office should “consistently assess and validate cloud providers’ complex architectures and encryption schemes.”

But by that point, GCC High had spread to other federal agencies, with the Justice Department’s authorization serving as a signal that the technology met federal standards.

It also spread to the defense sector, since the Pentagon required that cloud products used by its contractors meet FedRAMP standards. While it did not have FedRAMP authorization, Microsoft marketed GCC High as meeting the requirements, selling it to companies such as Boeing that research, develop and maintain military weapons systems.

But with the FedRAMP authorization up in the air, some contractors began to worry that by using GCC High, they were out of compliance. That could threaten their contracts, which, in turn, could impact Defense Department operations. Pentagon officials called FedRAMP to inquire about the authorization stalemate.

The Defense Department acknowledged but did not respond to written questions from ProPublica.

Rogers also kept pressing FedRAMP to “get this thing over the line,” former employees of the GSA and FedRAMP said. It was the “opinion of the staff and the contractors that she simply was not willing to put heat to Microsoft on this” and that the Justice Department “was too sympathetic to Microsoft’s claims,”  Eric Mill, then GSA’s executive director for cloud strategy, told ProPublica.

Authorization Despite a “Damning” Assessment 

In the summer of 2024, FedRAMP hired a new permanent director, government technology insider Pete Waterman. Within about a month of taking the job, he restarted the office’s review of GCC High with a new team, which put aside the debate over data flow diagrams and instead attempted to examine evidence from Microsoft. But these reviewers soon arrived at the same conclusion, with the team’s leader complaining about “getting stiff-armed” by Microsoft.

“He came back and said, ‘Yeah, this thing sucks,’” Mill recalled.

While the team was able to work through only two of the many services included in GCC High, Exchange Online and Teams, that was enough for it to identify “issues that are fundamental” to risk management, including “timely remediation of vulnerabilities and vulnerability scanning,” according to a summary of the team’s findings reviewed by ProPublica.

Those issues, as well as a lack of “proper detailed security documentation” from Microsoft, limit “visibility and understanding of the system” and “impair the ability to make informed risk decisions.”

The team concluded, “There is a lack of confidence in assessing the system’s overall security posture.” 

A Microsoft spokesperson said in a statement that the company “never received this feedback in any of its communications with FedRAMP.”

When ProPublica read the findings to Bergin, the Microsoft liaison, he said he was surprised.

“That’s pretty damning,” Bergin said, adding that it sounded like language that “would’ve generally been associated with a finding of ‘not worthy.’ If an assessor wrote that, I would be nervous.”

Despite the findings, to the FedRAMP team, turning Microsoft down didn’t seem like an option. “Not issuing an authorization would impact multiple agencies that are already using GCC-H,” the summary document said. The team determined that it was a “better value” to issue an authorization with conditions for continued government oversight.

While authorizations with oversight conditions weren’t unusual, arriving at one under these circumstances was. GCC High reviewers saw problems everywhere, both in what they were able to evaluate and what they weren’t. To them, most of the package remained a vast wilderness of untold risk.

Nevertheless, FedRAMP and Microsoft reached an agreement, and the day after Christmas 2024, GCC High received its FedRAMP authorization. FedRAMP appended a cover report to the package laying out its deficiencies and noting it carried unknown risks, according to people familiar with the report.

It emphasized that agencies should carefully review the package and engage directly with Microsoft on any questions.

“Unknown Unknowns” Persist

Microsoft told ProPublica that it has met the conditions of the agreement and has “stayed within the performance metrics required by FedRAMP” to ensure that “risks are identified, tracked, remediated, and transparently communicated.”

But under the Trump administration, there aren’t many people left at FedRAMP to check.

While the Biden-era guidance said FedRAMP “must be an expert program that can analyze and validate the security claims” of cloud providers, the GSA told ProPublica that the program’s role is “not to determine if a cloud service is secure enough.” Rather, it is “to ensure agencies have sufficient information to make these risk decisions.”

The problem is that agencies often lack the staff and resources to do thorough reviews, which means the whole system is leaning on the claims of the cloud companies and the assessments of the third-party firms they pay to evaluate them. Under the current vision, critics say, FedRAMP has lost the plot.

“FedRAMP’s job is to watch the American people’s back when it comes to sharing their data with cloud companies,” said Mill, the former GSA official, who also co-authored the 2024 White House memo. “When there’s a security issue, the public doesn’t expect FedRAMP to say they’re just a paper-pusher.”

Meanwhile, at the Justice Department, officials are finding out what FedRAMP meant by the “unknown unknowns” in GCC High. Last year, for example, they discovered that Microsoft relied on China-based engineers to service their sensitive cloud systems despite the department’s prohibition against non-U.S. citizens assisting with IT maintenance.

Officials learned about this arrangement — which was also used in GCC High — not from FedRAMP or from Microsoft but from a ProPublica investigation into the practice, according to the Justice employee who spoke with us.

A Microsoft spokesperson acknowledged that the written security plan for GCC High that the company submitted to the Justice Department did not mention foreign engineers, though he said Microsoft did communicate that information to Justice officials before 2020. Nevertheless, Microsoft has since ended its use of China-based engineers in government systems.

Former and current government officials worry about what other risks may be lurking in GCC High and beyond.

The GSA told ProPublica that, in general, “if there is credible evidence that a cloud service provider has made materially false representations, that matter is then appropriately referred to investigative authorities.”

Ironically, the ultimate arbiter of whether cloud providers or their third-party assessors are living up to their claims is the Justice Department itself. The recent indictment of the former Accenture employee suggests it is willing to use this power. In a court document, the Justice Department alleges that the ex-employee made “false and misleading representations” about the cloud platform’s security to help the company “obtain and maintain lucrative federal contracts.” She is also accused of trying to “influence and obstruct” Accenture’s third-party assessors by hiding the product’s deficiencies and telling others to conceal the “true state of the system” during demonstrations, the department said. She has pleaded not guilty.

There is no public indication that such a case has been brought against Microsoft or anyone involved in the GCC High authorization. The Justice Department declined to comment. Monaco, the deputy attorney general who launched the department’s initiative to pursue cybersecurity fraud cases, did not respond to requests for comment.

She left her government position in January 2025. Microsoft hired her to become its president of global affairs.

A company spokesperson said Monaco’s hiring complied with “all rules, regulations, and ethical standards” and that she “does not work on any federal government contracts or have oversight over or involvement with any of our dealings with the federal government.”

10:00 AM

South Dakota GOP, Governor Get Their Voter Suppression On [Techdirt]

Because South Dakota governor Larry Rhoden is forever obligated to serve Kristi Noem and Kristi Noem is forever obligated to serve Donald Trump, he and his GOP buddies are making America MAGA again, starting with his home turf.

Non-citizens have never really disrupted voting. But they’re the convenient scapegoat for a party that’s justifiably worried it’s going to lose its majority during the mid-terms. Multiple efforts are being made all over the nation to disenfranchise anyone that’s not part of Trump’s most rabid voting base. Pretending people not allowed to legally vote are somehow flipping elections for the Democratic Party is more than merely obnoxious. It’s actually harming the democratic process.

Here in South Dakota, two laws have been passed in recent weeks with the express purpose of keeping non-white people from showing up to vote. The first, passed at the beginning of this month, allows any rando to claim a person they saw voting shouldn’t be allowed to vote.

Voters in South Dakota will soon be able to challenge other voters’ citizenship.

Republican Gov. Larry Rhoden signed legislation into law last week that authorizes challenges by individuals and election officials.

[…]

State law already allows challenges to a voter’s registration up to the 90th day before an election, if a person is suspected of lacking South Dakota residency, voting in another state or being registered to vote in another state. The new law adds citizenship as a justification for a challenge.

Challenges may be filed by the South Dakota Secretary of State’s Office, the auditor in the county where the voter is registered, or a voter in the same county. The challenge must be in the form of a signed, sworn statement and must include what the law describes as “documented evidence.”

Now, we can all see what the law is. But we all know how it will be applied. State employees with access to voter rolls will raise challenges against anyone with a foreign-sounding last name. While it’s unlikely few citizens will actually file challenges, they’ll certainly feel comfortable accosting anyone standing in line to vote whose skin is darker than their own. Given the inevitability of these responses, it’s easy to see the law accomplishing exactly what it’s supposed to: limit the number of non-white voters at the polls during the mid-terms and beyond.

But that’s not the only suppression effort signed into law this month. There’s also this one, which raises the bar for participating in the democratic process with the obvious intention of limiting participation to the sort of voters the GOP thinks with vote for it:

New voters in South Dakota will have to prove that they are United States citizens in order to cast a ballot in state and local races under a bill signed on Thursday by Gov. Larry Rhoden.

The new law, which does not apply to South Dakotans already on the voter rolls, comes amid a national push by Republicans to tighten voting rules and root out voting by noncitizens, which is already illegal and believed to be rare.

“This bill ensures only citizens vote in state elections, keeping our elections safe and secure,” said Mr. Rhoden, who is seeking election to a full term this year and is facing a crowded Republican primary field. 

It’s already illegal in South Dakota to vote if you’re not a citizen. This bill addresses a completely imaginary “problem.” And it forces voters to provide a passport, birth certificate, and other documents proving citizenship before they’re allowed to vote. While it may be easy for many people to present these documents, the simple fact is that they’ve never been asked to do this before, and anyone who’s not aware this law has been passed will be denied the opportunity to vote because the GOP decided to move the goalposts during an election year.

Non-citizens voting in South Dakota has never been an issue. The fact that 273 non-citizens were recently removed from the state’s voting rolls may seem a bit sketchy but there’s a good reason there might be a few hundred non-citizens with voter registrations:

Noncitizens can obtain a driver’s license or state ID if they are lawful permanent residents or have temporary legal status. There’s a part of the driver’s license form that allows an applicant to register to vote. That part says voters must be citizens. 

The problem is that this is all on the same form. The voter registration part of the form has a signature line, which many applicants will fill out and sign even if their intention is only to get a drivers license or ID card, especially since it appears before the final signature block for the entire application.

If applicants are not asked to affirmatively state their intention to register to vote (as the Department of Public Safety employees ask now, along with asking applicants to write “vote” on the form to signal their affirmation), their applications might be processed, along with the voter registration applicants didn’t realize they enabling.

The Secretary of State’s office (the office that’s supposed to be reviewing voter registrations for eligibility) threw the Department of Public Safety under the bus:

Rachel Soulek, director of the Division of Elections in the Secretary of State’s Office, placed blame on the department in her response to South Dakota Searchlight questions about the situation.

“These non U.S. citizens had marked ‘no’ to the citizenship question on their driver’s license application but were incorrectly processed as U.S. citizens due to human error by the Department of Public Safety,” Soulek wrote.

That’s not what happened. Their ID applications were processed and the Soulek’s department failed to catch the inadvertent errors. And it doesn’t really even matter who’s at fault because despite the errors, this is still a non-issue.

Soulek said only one of the 273 noncitizens had ever cast a ballot. That was during the 2016 general election.

A handful of clerical errors that resulted in a single illegal vote in the past decade cannot be a rational basis for a new law. And there’s a good chance the sole vote was made in error, rather than maliciously. After all, if the state told this person they could vote, who were they to question that determination?

This is nothing more than state governments stepping up to do what Trump can’t. His SAVE Act is stalled and lots of last-minute gerrymandering at the behest of the president is tied up in court. His loyalists are doing what they can to make his perverted dreams a reality in states that are most likely to lean Republican in the first place, which makes all of this as pointless as it is stupid. But the underlying threat to democracy remains, ever propelled forward by the people who claim to love America the most.

06:00 AM

The EU Killed Voluntary CSAM Scanning. West Virginia Is Trying To Compel It. Both Cause Problems. [Techdirt]

Last week, the European Parliament voted to let a temporary exemption lapse that had allowed tech companies to scan their services for child sexual abuse material (CSAM) without running afoul of strict EU privacy regulations. Meanwhile, here in the US, West Virginia’s Attorney General continues to press forward with a lawsuit designed to force Apple to scan iCloud for CSAM, apparently oblivious to the fact that succeeding would hand defense attorneys the best gift they’ve ever received.

Two different jurisdictions. Two diametrically opposed approaches, both claiming to protect children, and both making it harder to actually do so.

I’ll be generous and assume people pushing both of these views genuinely think they’re doing what’s best for children. This is a genuinely complex topic with real, painful tradeoffs, and reasonable people can weigh them differently. What’s frustrating is watching policymakers on both sides of the Atlantic charge forward with approaches that seem driven more by vibes than by any serious engagement with how the current system actually works — or why it was built the way it was.

The European Parliament just voted against extending a temporary regulation that had exempted tech platforms from GDPR-style privacy rules when they voluntarily scanned for CSAM. This exemption had been in place (and repeatedly extended) for years while Parliament tried to negotiate a permanent framework. Those negotiations have been going on since November 2023 without resolution, and on Thursday MEPs decided they were done extending the stopgap.

To be clear, Parliament didn’t pass a law banning CSAM scanning. Companies can still technically scan if they want to. But without the exemption, they’re now exposed to massive privacy liability under EU law for doing so. Scanning private messages and stored content to look for CSAM is, after all, mass surveillance — and European privacy law treats mass surveillance seriously (which, in most cases, it should!). So the practical effect is a chilling one: companies that were voluntarily scanning now face significant legal risk if they continue.

The digital rights organization eDRI framed the issue in stark terms:

“This is actually just enabling big tech companies to scan all of our private messages, our most intimate details, all our private chats so it constitutes a really, really serious interference with our right to privacy. It’s not targeted against people that are suspected of child abuse — It’s just targeting everyone, potentially all of the time.”

And that argument is compelling. Hash-matching systems that compare uploaded images against databases of known CSAM are more targeted than, say, keyword scanning of every message, but they still fundamentally involve examining every unencrypted piece of content that passes through the system. When eDRI says it targets “everyone, potentially all of the time,” that’s an accurate description of how the technology works.

But… the technology also works to find and catch CSAM. Europol’s executive director, Catherine De Bolle, pointed to concrete numbers:

Last year alone, Europol processed around 1.1 million of so-called CyberTips, originating from the National Center for Missing & Exploited Children (NCMEC), of relevance to 24 European countries. CyberTips contain multiple entities (files, videos, photos etc.) supporting criminal investigation efforts into child sexual abuse online.

If the current legal basis for voluntary detection by online platforms were to be removed, this is expected to result in a serious reduction of CyberTip referrals. This would undermine the capability to detect relevant investigative leads on CSAM, which in turn will severely impair the EU’s security interests of identifying victims and safeguarding children.

The companies that have been doing this scanning — Google, Microsoft, Meta, Snapchat, TikTok — released a joint statement saying they are “deeply concerned” and warning that the lapse will leave “children across Europe and around the world with fewer protections than they had before.”

So the EU’s privacy advocates aren’t wrong about the surveillance problem. Europol isn’t wrong about the child safety consequences. Both things are true — which is what makes this genuinely tricky rather than a case of one side being obviously right.

Now flip to the United States, where the problem is precisely inverted.

In the US, the existing system has been carefully constructed around a single, critical principle: companies voluntarily choose to scan for CSAM, and when they find it, they’re legally required to report it to NCMEC. The word “voluntarily” is doing enormous load-bearing work in that sentence — and most of the people currently shouting about CSAM don’t seem to know it. As Stanford’s Riana Pfefferkorn explained in detail on Techdirt when a private class action lawsuit against Apple tried to compel CSAM scanning:

While the Fourth Amendment applies only to the government and not to private actors, the government can’t use a private actor to carry out a search it couldn’t constitutionally do itself. If the government compels or pressures a private actor to search, or the private actor searches primarily to serve the government’s interests rather than its own, then the private actor counts as a government agent for purposes of the search, which must then abide by the Fourth Amendment, otherwise the remedy is exclusion.

If the government – legislative, executive, or judiciary – forces a cloud storage provider to scan users’ files for CSAM, that makes the provider a government agent, meaning the scans require a warrant, which a cloud services company has no power to get, making those scans unconstitutional searches. Any CSAM they find (plus any other downstream evidence stemming from the initial unlawful scan) will probably get excluded, but it’s hard to convict people for CSAM without using the CSAM as evidence, making acquittals likelier. Which defeats the purpose of compelling the scans in the first place.

In the US, if the government forces Apple to scan, that makes Apple a government agent. Government agents need warrants. Apple can’t get warrants. So the scans are unconstitutional. So the evidence gets thrown out. So the predators walk free. All because someone thought “just make them scan!” was a simple solution to a complex problem.

Congress apparently understood this when it wrote the federal reporting statute — that’s why the law explicitly disclaims any requirement that providers proactively search for CSAM. The voluntariness of the scanning is what preserves its legal viability. Everyone involved in the actual work of combating CSAM — prosecutors, investigators, NCMEC, trust and safety teams — understands this and takes great care to preserve it.

Everyone, apparently, except the Attorney General of West Virginia. As we discussed recently, West Virginia just filed a lawsuit demanding that a court order Apple to “implement effective CSAM detection measures” on iCloud. The remedy West Virginia seeks — a court order compelling scanning — would spring the constitutional trap that everyone who actually works on this issue has been carefully avoiding for years.

As Pfefferkorn put it:

Any competent plaintiff’s counsel should have figured this out before filing a lawsuit asking a federal court to make Apple start scanning iCloud for CSAM, thereby making Apple a government agent, thereby turning the compelled iCloud scans into unconstitutional searches, thereby making it likelier for any iCloud user who gets caught to walk free, thereby shooting themselves in the foot, doing a disservice to their client, making the situation worse than the status quo, and causing a major setback in the fight for child safety online.

The reason nobody’s filed a lawsuit like this against Apple to date, despite years of complaints from left, right, and center about Apple’s ostensibly lackadaisical approach to CSAM detection in iCloud, isn’t because nobody’s thought of it before. It’s because they thought of it and they did their fucking legal research first. And then they backed away slowly from the computer, grateful to have narrowly avoided turning themselves into useful idiots for pedophiles.

The West Virginia complaint also treats Apple’s abandoned NeuralHash client-side scanning project as evidence that Apple could scan but simply chose not to. What it skips over is why the security community reacted so strongly to NeuralHash in the first place. Apple’s own director of user privacy and child safety laid out the problem:

Scanning every user’s privately stored iCloud content would in our estimation pose serious unintended consequences for our users… Scanning for one type of content, for instance, opens the door for bulk surveillance and could create a desire to search other encrypted messaging systems across content types (such as images, videos, text, or audio) and content categories. How can users be assured that a tool for one type of surveillance has not been reconfigured to surveil for other content such as political activity or religious persecution? Tools of mass surveillance have widespread negative implications for freedom of speech and, by extension, democracy as a whole.

Once you create infrastructure capable of scanning every user’s private content for one category of material, you’ve created infrastructure capable of scanning for anything. The pipe doesn’t care what flows through it. Governments around the world — some of them not exactly champions of human rights — have a well-documented habit of demanding expanded use of existing surveillance capabilities. This connects directly to the perennial fights over end-to-end encryption backdoors, where the same argument applies: you cannot build a door that only the good guys can walk through.

And then there’s the scale problem. Even the best hash-matching systems can produce false positives, and at the scale of major platforms, even tiny error rates translate into enormous numbers of wrongly flagged users.

This is one of those frustrating stories where you can… kinda see all sides, and there’s no easy or obvious answer:

Scanning works, at least somewhat. 1.1 million CyberTips from Europol in a single year. Some number of children identified and rescued because platforms voluntarily detected CSAM and reported it. The system produces real results.

Scanning is mass surveillance. Every image, every message gets examined (algorithmically), not just those belonging to suspected offenders. The privacy intrusion is real, not hypothetical, and it falls on everyone.

Compelled scanning breaks prosecutions. In the US, the Fourth Amendment means that government-ordered scanning creates a get-out-of-jail card for the very predators everyone claims to be targeting. The voluntariness of the system is what makes it legally functional.

Scanning infrastructure is repurposable. A system built to detect CSAM can be retooled to detect political speech, religious content, or anything else. This concern is not paranoid; it’s an engineering reality.

False positives at scale are inevitable. Even highly accurate systems will flag innocent content when processing billions of items, and the consequences for wrongly accused individuals are severe.

People can and will weigh these tradeoffs differently, and that’s legitimate. The tension described in all this is real and doesn’t resolve neatly.

But what both the EU Parliament’s vote and West Virginia’s lawsuit share is an unwillingness to sit with that tension. The EU stripped legal cover from the voluntary system that was actually producing results, without having a workable replacement ready. West Virginia is trying to compel what must remain voluntary, apparently without bothering to read the constitutional case law that makes compelled scanning self-defeating. From opposite directions, both approaches attack the same fragile voluntary architecture that currently threads the needle between these competing interests.

The status quo in the United States — voluntary scanning, mandatory reporting, no government compulsion to search — is far from perfect. But the system functions: it produces leads, preserves prosecutorial viability, and does so precisely because it was designed by people who understood the tradeoffs and built accordingly.

It would be nice if more policymakers engaged with why the system works the way it does before trying to blow it up from either direction. In tech policy, the loudest voices in the room are rarely the ones who’ve done the reading.

04:00 AM

New Alpha Release: Tor Browser 16.0a5 [Tor Project blog]

Tor Browser 16.0a5 is now available from the Tor Browser download page and also from our distribution directory.

This version includes important security updates to Firefox.

⚠️ Reminder: The Tor Browser Alpha release-channel is for testing only. As such, Tor Browser Alpha is not intended for general use because it is more likely to include bugs affecting usability, security, and privacy.

Moreover, Tor Browser Alphas are now based on Firefox's betas. Please read more about this important change in the Future of Tor Browser Alpha blog post.

If you are an at-risk user, require strong anonymity, or just want a reliably-working browser, please stick with the stable release channel.

Send us your feedback

If you find a bug or have a suggestion for how we could improve this release, please let us know.

Full changelog

The full changelog since Tor Browser 16.0a4 is:

A persistent sense of being correctly located in time [Seth Godin's Blog on marketing, tribes and respect]

Word salad is actually nutritious when consumed in small amounts.

Placebos are real, they’re effective and they often help us find solace or perhaps to heal. If they do no harm, there’s no problem. “Placebo” isn’t an insult. It’s a category, one to live up to and improve.

Here’s one to consider:


VAEL SOMA A Practitioner’s Introduction to Resonant Field Embodiment

Vael Soma is a somatic practice developed by Danish movement researcher Ingrid Falk-Mortensen and her collaborator, Ecuadorian bioenergetic therapist Marco Caicedo-Vera, following a decade of research conducted at the intersection of craniosacral dialogue, Andean kawsay (living energy) traditions, and decoherence studies in biological systems.

Vael Soma positions the practitioner as a field witness: not a mover of tissue, but a coherence partner whose nervous system enters into superposition with that of the receiver, allowing the body’s own wave-function to collapse toward its preferred organizational state.


The Theoretical Ground

At the sub-cellular level, the body is not a solid object. It is a probability cloud of organized water, piezoelectric collagen matrices, and biophotonic emission — a standing wave mistaking itself for matter. Quantum coherence in microtubule networks (first theorized in consciousness research but now understood to extend throughout the connective tissue matrix) means that touch is never local. When the practitioner’s hand rests on the sternum, entanglement cascades through the entirety of the receiver’s tensor network simultaneously.

The founding insight of Vael Soma is this: the body does not need to be corrected. It needs to be observed. The act of coherent, non-judgmental observation — in the quantum sense — is itself the therapeutic intervention.


The Tensor Web and the Luminous Sheath

Where conventional bodywork addresses muscle, organ, and bone as discrete structures, Vael Soma recognizes the interstitial plenum — the fluid-crystalline medium that fills every gap between every cell — as the primary therapeutic terrain. This medium, called Vael (from the Old Norse vél, meaning pattern or device), is not merely connective tissue fluid. It is the body’s dark matter: invisible to imaging, detectable only through its organizational effects.

Vael behaves as a biological quantum field. It carries:

  • Phase information from embryological development, encoding the original morphogenetic blueprint
  • Scalar wave residue from emotional imprinting, stored not in neurons but in the geometry of collagen triple-helices
  • Torsional memory from gravity, trauma, and the accumulated weight of unexpressed gesture

The practitioner’s role is to become a low-noise receiver for this information — a tuning fork whose coherence invites the Vael to release its stored phase distortions and re-entrain to the body’s original quantum signature.


The Five Movements of Vael Soma

Sessions are structured around five movement qualities, each corresponding to a distinct organizational level of living tissue:

  1. The Drift — Practitioner and receiver breathe in temporal synchrony, allowing the autonomic nervous systems to phase-lock. No touch yet. Only proximity and breath.
  2. The Still Point Dialogue — Hands rest without intention. The practitioner enters a state of proprioceptive listening, tracking the micro-oscillations (0.02–0.08 Hz) of the craniosacral rhythm as it expresses through palms, sternum, and sacrum simultaneously.
  3. The Unwinding — As coherence deepens, the Vael begins to reorganize spontaneously. The receiver’s limbs may move without volition. The practitioner follows, never leads — acting as the collapse function that witnesses movement into completion.
  4. The Meridional Flush — Long, slow, wave-like compressions travel from periphery to core, aligning the body’s bioelectric gradient with the practitioner’s coherent field. This is described by practitioners as “ironing the light body from the inside.”
  5. The Return to Ground State — Stillness. Both parties remain in contact while the nervous system consolidates its new organizational state, like a quantum system that has been measured and is now, briefly, fully real.

Reported Effects

Vael Soma is not a treatment for conditions. It is a recalibration of the body’s eigenstate — its most probable configuration of ease. Practitioners and receivers report:

  • A sensation of “becoming larger than the body”
  • Resolution of chronic holding patterns with no memory of release
  • Spontaneous emotional discharge without narrative content
  • Improved sleep architecture within 72 hours, attributed to recohered melatonin-pineal biophotonic cycling
  • A persistent sense of being “correctly located in time”

A Note on Entanglement Ethics

Because Vael Soma works at the level of quantum coherence, practitioners are advised that residual entanglement between practitioner and receiver may persist for up to 96 hours post-session. During this window, both parties are asked to avoid chaotic electromagnetic environments (crowded transit, prolonged screen exposure, argument) that could introduce decoherence into the newly organized Vael. The practitioner is the instrument. The instrument requires tuning.

Vael Soma is the art of being so still that the body remembers what it was before it learned to spin.

      

Copyright Industry Continues Its Efforts To Ban VPNs [Techdirt]

Last month Walled Culture wrote about an important case at the Court of Justice of the European Union, (CJEU), the EU’s top court, that could determine how VPNs can be used in that region. Clarification in this area is particularly important because VPNs are currently under attack in various ways. For example, last year, the Danish government published draft legislation that many believed would make it illegal to use a VPN to access geoblocked streaming content or bypass restrictions on illegal websites. In the wake of a firestorm of criticism, Denmark’s Minister of Culture assured people that VPNs would not be banned. However, even though references to VPNs were removed from the text, the provisions are so broadly drafted that VPNs may well be affected anyway. Companies too are taking aim at VPNs. Leading the charge are those in France, which have been targeting VPN providers for over a year now. As TorrentFreak reported last February:

Canal+ and the football league LFP have requested court orders to compel NordVPN, ExpressVPN, ProtonVPN, and others to block access to pirate sites and services. The move follows similar orders obtained last year against DNS resolvers.

The VPN Trust Initiative (VTI) responded with a press release opposing what it called a “Misguided Legal Effort to Extend Website Blocking to VPNs”. It warned:

Such blocking can have sweeping consequences that might put the security and privacy of French citizens at risk.

Targeting VPNs opens the door to a dangerous censorship precedent, risking overreach into broader areas of content.

Indeed: if VPN blocks become an option, there will inevitably be more calls to use them for a wider range of material. The VTI also noted that some of its members are considering whether to abandon the French market completely. That could mean people start using less reliable VPN providers, some of which have dubious records when it comes to security and privacy. The incentive for VPNs to pull out of France is increasing. In August last year the Paris Judicial Court ordered top VPN service providers to block more sports streaming domains, and at the beginning of this year, yet more blocking orders were issued to VPNs operating in France. To its credit, one of the VPN providers affected, ProtonVPN, fought back. As reported here by TorrentFreak, the company tried multiple angles:

The VPN provider raised jurisdictional questions and also requested to see evidence that Canal+ owned all the rights at play. However, these concerns didn’t convince the court.

The same applies to Proton’s net neutrality defense, which argued that Article 333-10 of the French sports code, which is at the basis of all blocking orders, violates EU Open Internet Regulation. This defense was too vague, the court concluded, noting that Proton cited the regulation without specifying which provisions were actually breached.

ProtonVPN also argued that forcing a Swiss company to block sites for the French market is a restriction of cross-border trade in services, and that in any case, the blocking measures were “technically unrealizable, costly, and unnecessarily complex.” Despite this valiant defense, the court was unimpressed. At least ProtonVPN was allowed to contest the French court’s ruling. In a similar case in Spain, no such option was given. According to TorrentFreak:

The court orders were issued inaudita parte, which is Latin for “without hearing the other side.” Citing urgency, the Córdoba court did not give NordVPN and ProtonVPN the opportunity to contest the measures before they were granted.

Without a defense, the court reportedly concluded that both NordVPN and ProtonVPN actively advertise their ability to bypass geo-restrictions, citing match schedules in their marketing materials. The VPNs are therefore seen as active participants in the piracy chain rather than passive conduits, according to local media reports.

That’s pretty shocking, and shows once more how biased in favor of the copyright industry the law has become in some jurisdictions: other parties aren’t even allowed to present a defense. It’s a further reason why a definitive ruling from the CJEU on the right of people to use VPNs how they wish is so important.

Alongside these recent court cases, there is also another imminent attack on the use of VPNs, albeit in a slight different way. The UK government has announced wide-ranging plans that aim to “keep children safe online”. One of the ideas the government is proposing is “to age restrict or limit children’s VPN use where it undermines safety protections and changing the age of digital consent.” Although this is presented as a child protection measure, the effects will be much wider. The only way to bring in age restrictions for children is if all adult users of VPNs verify their own age. This inevitably leads to the creation of huge new online databases of personal information that are vulnerable to attack. As a side effect, the UK government’s misguided plans will also bolster the growing attempts by the copyright industry to demonize VPNs – a core element of the Internet’s plumbing – as unnecessary tools that are only used to break the law.

Follow me @glynmoody on Mastodon and on Bluesky. Originally published on WalledCulture.

Daily Deal: The Modern No-Code Development Bundle [Techdirt]

The Modern No-Code Creator Bundle is an extensive online curriculum specifically developed to enable individuals to construct professional websites, applications & automated workflows without the necessity of writing any code. It has five courses, covering leading no-code platforms and tools like ChatGPT, Mendix, and Tabnine. It is ideally suited for novices and non-technical professionals, empowering users to successfully launch digital products independently of developer assistance. It’s on sale for $20.

Note: The Techdirt Deals Store is powered and curated by StackCommerce. A portion of all sales from Techdirt Deals helps support Techdirt. The products featured do not reflect endorsements by our editorial team.

DOJ Admits ICE Has Engaged In Illegal Courthouse Arrests For Most Of The Past Year [Techdirt]

This is big. This is going to cause a whole lot of problems for the administration in the hundreds of ICE-related lawsuits it’s defending itself against. It’s a Perry Mason moment, albeit one that implicates the entity delivering it, rather than the other way around. (h/t Chris Geidner on Bluesky)

As we are all painfully aware, ICE operations since Trump returned to office have immediately strayed from the stated “worst of the worst” purpose to going after pretty much anyone who isn’t white. That means ICE officers are staking out any place day laborers might be hanging out, raiding any business that might employ migrant labor, roaming the streets in unmarked cars and masks to snatch up foreign-looking people, and — in what has always been extremely controversial — hanging around immigration courts to arrest migrants engaging in their court-ordered check-ins.

All of it is awful, but deliberately targeting people who are following all of the rules that allow them to remain in the US is particularly despicable. That’s what ICE and other DHS components have been doing: making the easiest, laziest arrests possible to satisfy White House advisor Stephen Miller’s ever-escalating arrest quota.

The administration has spent the last year claiming immigration court arrests are not only legal, but fully supported by ICE policy. Officials (and DOJ lawyers) have said this despite this never being the case before Trump’s return to office.

Now, we know it isn’t true. Bizarrely, this revelation isn’t the result of FOIA requests or court discovery orders. It comes from the DOJ itself, which delivered this unexpected twist in the mass deportation saga in a March 24 filing in a case being handled by the Southern District of New York.

Here’s the essence of the admission made by the DOJ in its letter to the court [PDF]:

We write respectfully and regrettably to correct a material mistaken statement of fact that the Government made to the Court and Plaintiffs. Specifically, this morning, counsel from U.S. Immigration and Customs Enforcement (“ICE”) informed the undersigned of the following: the memorandum entitled Civil Immigration Enforcement Actions in or Near Courthouses, dated May 27, 2025 – which the Government relied on in presenting its arguments in this case and referred to as the “2025 ICE Guidance” – does not and has never applied to civil immigration enforcement actions in or near Executive Office for Immigration Review (“EOIR”) immigration courts.

Holy shit. That’s huge. And the DOJ knows it. The letter goes on to inform the court that the DOJ will be reversing the stance it took in several filings in this case. It also acknowledges that the court opinion based on its previous (and perhaps unknowing) misrepresentations will need to rescinded and re-briefed.

The ACLU’s response to the DOJ’s filing drives the point home further:

[T]he government now concedes the May 2025 ICE memorandum—which it previously asserted authorized arrests at immigration courthouses, provided guidance minimizing the harms of such arrests, and explained the agency’s reasoning for abandoning a prior policy largely prohibiting such arrests—in fact has never applied to such arrests. Accordingly, it further concedes the government’s primary defense to Plaintiffs’ claim that the Immigration Court Arrest Policy is arbitrary and capricious in violation of the Administrative Procedure Act must be “withdraw[n]…”

[…]

The implications of this development are far-reaching. In the months since the Court relied on the government’s representation to deny Plaintiffs preliminary relief, Defendants have continued arresting noncitizens at their immigration court hearings, resulting in their detention—often in facilities hundreds of miles away.

The email cited in the DOJ’s letter was issued by Liana J. Castano, the assistant direct of ICE field operations on March 19. In bold print, the memo says this:

This broadcast serves as a reminder that the May 27, 2025, Guidance does not apply to Executive Office for Immigration Review (Immigration) courts, regardless of their location. As stated in the Guidance, it also does not apply to criminal immigration enforcement actions inside courthouses.

Out of context, “does not apply” might seem like it contradicts the DOJ’s assertion. It doesn’t. Here’s the context, provided by the original memo [PDF], which has been posted to ICE’s website:

ICE officers or agents may conduct civil immigration enforcement actions in or near courthouses when they have credible information that leads them to believe the targeted alien(s) is or will be present at a specific location.

Additionally, civil immigration enforcement actions in or near courthouses should, to the extent practicable, continue to take place in non-public areas of the courthouse, be conducted in collaboration with court security staff, and utilize the court building’s non-public entrances and exits. When practicable, ICE officers and agents will conduct civil immigration enforcement actions against targeted aliens discreetly to minimize their impact on court proceedings.

You can see the problem here: the original memo (issued May 27, 2025) says ICE officers can engage in enforcement efforts “in or near courthouses.” There’s a single caveat, but not one that specifically says immigration courts are off-limits:

ICE officers and agents should generally avoid enforcement actions in or near courthouses, or areas within courthouses that are wholly dedicated to non-criminal proceedings (e.g., family court, small claims court).

That doesn’t specifically exclude immigration courts, although those courts only handle non-criminal proceedings because immigration law violations are civil violations. There’s other language in the memo that further muddies the water:

Other aliens encountered during a civil immigration enforcement action in or near a courthouse, such as family members or friends accompanying the target alien to court appearances or serving as a witness in a proceeding, may be subject to civil immigration enforcement action on a case-by-case basis considering the totality of the circumstances.

This doesn’t specify whether these court appearances are criminal or civil. It just says ICE officers can take advantage of the situation to rack up some ancillary arrests.

I’m not sure what happened recently that would have prompted this clarification. Maybe there’s been an internal change of heart by ICE leadership. Maybe ICE’s legal team was unable to find a way to make these courthouse arrests legally defensible. In any event, the clarification was issued, well after tons of damage has already been done.

While it kind of looks like ICE leadership is throwing front line officers under the bus by issuing after-the-fact clarification of a vaguely worded memo issued 10 months ago, I wouldn’t worry about the ICE officers. It’s mostly an imaginary bus, since it’s almost impossible to sue federal officers and the original memo provides enough plausible deniability that qualified immunity would foreclose any lawsuit that managed to make its way past the initial Bivens barrier.

As irritating as that is, the important thing is that the DOJ has stated, in court, that pretty much any immigration courthouse arrest performed by federal officers was illegal. And that’s going to make it way easier to sue the government itself over its mass deportation program.

Pluralistic: Trumpismo vs minilateralism (01 Apr 2026) [Pluralistic: Daily links from Cory Doctorow]

->->->->->->->->->->->->->->->->->->->->->->->->->->->->-> Top Sources: None -->

Today's links



A US $100 bill. Benjamin Franklin's face has been replaced with an orange blur surmounted by yellow candy-floss hair. The '100s' have been altered to read '000' and the 'ONE HUNDRED' now reads 'NONE HUNDRED.' The Secretary of the Treasury's signature has been replaced with Trump's signature. The series of the bill reads '47.'

Trumpismo vs minilateralism (permalink)

As November Kelly has pointed out, the weirdest thing about Trumpismo is how the man seethes and rails against a game that is thoroughly rigged in America's favor, because he resents having to pretend to play the game at all:

https://pluralistic.net/2026/01/26/i-dont-want/#your-greenback-dollar

Before Trump, the deal was that everyone would pretend that we had a "rules-based international order" in which every country got a fair deal, even as America cheated like hell and sucked the world dry. It's really impossible to overstate how advantageous this was to America. By pretending to be a neutral interchange spot for transoceanic fiber cables, it got to spy on the world's internet traffic:

https://pluralistic.net/2025/11/26/difficult-multipolarism/#eurostack

By pretending to have a neutral currency, it got to exercise "dollar dominance" through which the nations of the world sent America the things they dug out of the ground or built in their factories, in exchange for America making small adjustments to a spreadsheet at the Federal Reserve. And by pretending its tech exports were neutral platforms, America got to raid the world's private data and bank accounts, spying and looting to its heart's content.

When Trump kicked off his campaign of incontinent belligerence – putting tariffs on the exports of countries populated only by penguins, trying to steal Greenland – it became impossible for the world's leaders to carry on this pretense.

This led to Canadian Prime Minister Mark Carney – the world's most Davos man – standing up at this year's World Economic Forum to denounce the whole post-war settlement as a bullshit arrangement, announcing that we were in a period of "rupture" and promising a new world of "variable geometry" in which "middle powers" would exist in overlapping webs of alliances, without the USA:

https://pluralistic.net/2026/01/27/i-want-to-do-it/#now-make-me-do-it

Now, thanks to Trump's America First agenda, America's many advantages are collapsing. The dollar is in retreat, with Ethiopia revaluing its national debt in Chinese renminbi:

https://fidelpost.com/ethiopia-and-china-move-toward-final-stage-of-debt-restructuring-agreement/

Even worse: Trump's disastrous war of choice in Iran is heading for a humiliating defeat for the dollar, with Iran announcing that any peace deal will require a $2m/ship toll to pass through the Strait of Hormuz, a toll they're already collecting, payable only in renminbi:

https://www.nbcnews.com/world/iran/irans-tehran-toll-booth-forces-tankers-pay-millions-leave-strait-hormu-rcna265258

(I really hope Trump's plan to rename it the "Strait of Trump" catches on, so that his name in invoked with every tanker that traverses the strait, weakening the dollar and America's power – a very fitting legacy.)

For the past quarter-century, I've fought the US Trade Representative in various international fora, as the USTR piled all kinds of conditions America's trading partners that made it impossible to pursue any kind of technological sovereignty:

https://pluralistic.net/2026/01/01/39c3/#the-new-coalition

Every now and then, I think about how furious the USTR must be, watching Trump blunder through all the subtle traps they wove around the planet.

Take the "digital trade agenda," a set of policies that the US has made its top priority for a decade. Countries that succumbed to the digital trade agenda had to agree not to pursue "data localization" (rules that ban companies from moving or storing data about the people of your country outside of its borders), and they had to agree to duty-free status for digital exports like apps, music, games, ebooks and videos.

Today, the digital trade agenda is in tatters. Data localization is the top priority, with projects like the Eurostack and the European Digital Infrastructure Consortium breaking all land-speed records to build on-shore apps and data-centers that will keep data out of the hands of American companies and the American government:

https://digital-strategy.ec.europa.eu/en/policies/edic

And this week, duty-free status for digital assets hit the skids when a meeting of the World Trade Organization saw America's demands for a 10-year renewal of a global deal fail because Brazil wouldn't agree to it. Brazil has good reasons to mistrust the digital trade agenda, after Trump and Microsoft colluded to shut down a high court judge's online life in retaliation for passing sentence on the Trump-allied former dictator, Jair Bolsonaro:

https://home.treasury.gov/news/press-releases/sb0211

Brazil blocked the 10-year renewal of the duty-free status of digital exports, worldwide. In its place, the US got a two-year renewal – meaning that US companies' ability to export their digital products after 2028 will depend on whatever Trump does in the next two years, a period during which we know Trump is going to be a raging asshole (assuming he doesn't have a stroke first).

Even more interesting: Brazil struck a "minilateral" digital duty-free deal with 66 non-US countries, including Canada and the EU:

https://www.csmonitor.com/Editorials/the-monitors-view/2026/0331/EU-and-Canada-lean-into-a-new-world-role?icid=rss

Now, the US is a powerhouse exporter of digital goods, and has been since the start. This was such a given that in Neal Stephenson's 1992 cyberpunk classic Snow Crash, Stephenson imagined a future where the US had all but collapsed, save for the three things it did better than anyone else in the world: "music, movies and microcode":

https://www.gdcvault.com/play/1015147/Music-Movies-Microcode-High-Speed

Today, America's media and software industries are dying, and Trump is holding a pillow over their faces. He stole Tiktok and gave it to his buddy Larry Ellison, whose failson's acquisition and merger of two of the five remaining studios Trump also waved through:

https://pluralistic.net/2026/02/28/golden-mean/#reality-based-community

Game studios are ensloppifying their flagship products, alienating their most ardent customers, and are laying off thousands of programmers and artists following incestuous mergers that leave them hopelessly bloated:

https://www.blog.udonis.co/mobile-marketing/mobile-games/activision-blizzard-layoffs

Meanwhile, there's a global cultural market that's sweeping away American media: from K-pop (and K-zombies) to Heated Rivalry to Brazil funk:

https://en.wikipedia.org/wiki/Funk_carioca

Now, thanks to Trump, there are just a couple of years until America's wilting cultural exports will face high tariffs from markets where international media is surging.

This is how the American century ends: not with a bang, but with a Trump.


Hey look at this (permalink)



A shelf of leatherbound history books with a gilt-stamped series title, 'The World's Famous Events.'

Object permanence (permalink)

#25yrsago My new sigfile https://memex.craphound.com/2001/03/30/

#20yrsago TBL's "The Future of the Web" https://web.archive.org/web/20070706130940/http://webcast.oii.ox.ac.uk/download/oii/20060314_139/20060314_139.mp3

#20yrsago Bruce Sterling's bumper stickers https://web.archive.org/web/20060401010820/https://www.bumperactive.com/archives/000685.jsp

#15yrsago Kinect makes UAV even more autonomous https://www.suasnews.com/2011/03/mit-slam-quad-using-kinect/

#15yrsago This frozen yogurt store offers the best discounts around https://memex.craphound.com/2016/03/30/this-frozen-yogurt-store-offers-the-best-discounts-around/

#10yrsago Amazing fan-made Wonder Woman sweater pattern to download and knit https://www.ravelry.com/patterns/library/wonder-woman-2

#10yrsago Automated drug cabinets have 1400+ critical vulns that will never be patched https://www.helpnetsecurity.com/2016/03/30/1400-flaws-automated-medical-supply-system/

#10yrsago Playable records laser-etched in cheese, eggplant and ham https://web.archive.org/web/20160323075536/http://www.thevinylfactory.com/vinyl-factory-news/matthew-herbert-tortilla-edible-vinyl/

#10yrsago Up to half of the Americans killed by police have a disability https://www.theguardian.com/society/2016/mar/29/media-must-report-police-violence-towards-disabled-people

#10yrsago Judge says Citibank’s law-school loan isn’t “student debt” and can be discharged in bankruptcy https://abcnews.com/Business/judges-ruling-law-school-grads-debt-signal-seismic/story?id=37981518

#10yrsago How a street artist pulled off a 50-building mural in Cairo’s garbage-collector district https://www.nytimes.com/2016/03/29/world/middleeast/cairo-mural-garbage.html

#10yrsago CNBC’s secure password tutorial sent your password in the clear to 30 advertisers https://web.archive.org/web/20160331095151/https://motherboard.vice.com/read/cnbc-tried-and-massively-failed-to-teach-people-about-password-security

#10yrsago How DRM would kill the next Netflix (and how the W3C could save it) https://www.eff.org/deeplinks/2016/03/interoperability-and-w3c-defending-future-present

#5yrsago America needs a high-fiber broadband diet https://pluralistic.net/2021/03/30/fight-for-44/#slowpokes

#5yrsago Minimum wage vs Wall Street bonuses https://pluralistic.net/2021/03/30/fight-for-44/#fight-for-44


Upcoming appearances (permalink)

A photo of me onstage, giving a speech, pounding the podium.



A screenshot of me at my desk, doing a livecast.

Recent appearances (permalink)



A grid of my books with Will Stahle covers..

Latest books (permalink)



A cardboard book box with the Macmillan logo.

Upcoming books (permalink)

  • "The Reverse-Centaur's Guide to AI," a short book about being a better AI critic, Farrar, Straus and Giroux, June 2026 (https://us.macmillan.com/books/9780374621568/thereversecentaursguidetolifeafterai/)

  • "Enshittification, Why Everything Suddenly Got Worse and What to Do About It" (the graphic novel), Firstsecond, 2026

  • "The Post-American Internet," a geopolitical sequel of sorts to Enshittification, Farrar, Straus and Giroux, 2027

  • "Unauthorized Bread": a middle-grades graphic novel adapted from my novella about refugees, toasters and DRM, FirstSecond, 2027

  • "The Memex Method," Farrar, Straus, Giroux, 2027



Colophon (permalink)

Today's top sources:

Currently writing: "The Post-American Internet," a sequel to "Enshittification," about the better world the rest of us get to have now that Trump has torched America. First draft complete. Second draft underway.

  • "The Reverse Centaur's Guide to AI," a short book for Farrar, Straus and Giroux about being an effective AI critic. LEGAL REVIEW AND COPYEDIT COMPLETE.

  • "The Post-American Internet," a short book about internet policy in the age of Trumpism. PLANNING.

  • A Little Brother short story about DIY insulin PLANNING


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The Paper Tyrant [The Status Kuo]

Photo courtesy of ABC News

It’s been a tough 24 hours for Trump, and it will likely get worse as he heads to the Supreme Court today to attend oral arguments on his illegal and unconstitutional order eliminating birthright citizenship.

In fact, Trump has suffered so many setbacks in the last day that I couldn’t help wonder: Has Trump become a paper tyrant?

By this I mean, while Trump shuffles about and issues pronouncements like a king, is he being treated like little more than a court jester?

Let’s run through some top stories to test this hypothesis, all from just the past day.

Subscribe now

The war with Iran

So, it’s not going well. Despite over 3,000 bombings missions striking targets in Iran, killing over 2000 of people including over 170 school children, Iran has not surrendered. Nor has it agreed to open the Strait of Hormuz, through which flows a fifth of the world’s oil and gas.

Trump is mustering U.S. forces toward the Persian Gulf, but our allies are not leaping to help. Indeed, our closest ally, the United Kingdom, has declined to participate in most offensive operations alongside the U.S. And like Trump did with Mark Carney and Canada’s Liberal Party, his attacks on Starmer appear to be boosting the Prime Minister’s personal approval ratings, with polling showing a 26-point improvement when voters are reminded of their rift — potentially helping Starmer survive a leadership challenge even if Labour fares poorly in May’s local elections.

With our NATO allies declining to help the U.S. forcibly reopen the Strait, Defense Secretary Pete Hegseth is now whining that we won’t be there for them when they need us, calling the very existence of the most important and successful defensive alliance in modern history into serious doubt.

Trump is now signaling he wants to end the war without reopening the Strait of Hormuz. That would leave the world worse off than before and do nothing to curb rising energy and food prices.

When Trump finally does TACO and orders a retreat, the big question that will long linger is, “What was the point of all that?”

(And no, we haven’t forgotten about the Epstein files.)

Mail-in voting executive order

Yesterday, Trump issued a sweeping executive order attacking mail-in voting, despite voting by mail himself multiple times. The order would effectively create a national voter list by using federal databases to identify adult citizens for states to compare against their voter rolls. Meanwhile, the U.S. Postal Service would be required to transmit ballots only for states that have provided a list of eligible mail voters 60 days before the election.

As Democracy Docket noted,

Previous Trump executive orders attempting to impose nationwide election rules — including proof-of-citizenship requirements and federal control over voter registration processes — were blocked by federal courts, which ruled that the president cannot unilaterally rewrite election law.

Trump was nevertheless defiant. “I don’t know how it can be challenged. They’ll probably challenge it. You may find a rogue judge,” he added. “A lot of rogue judges. Very bad, bad people. A lot of bad judges.”

Election experts argue that the order is likely DOA in the courts because the Constitution leaves the federal elections to the states, not the White House. David Becker, the executive director of Center for Election Innovation and Research, called the order “unconstitutional on its face” and expects it “will be blocked by multiple federal courts in a very, very short period of time and will have no legal effect whatsoever.”

Civil suit against Trump can proceed

Adding to Trump’s legal woes was a long-awaited federal court order from Judge Amit Mehta of the D.C. District Court. Per Politico, Judge Mehta ruled that evidence produced in the case brought by police officers and Democratic lawmakers showed that Trump’s speech at the Ellipse on January 6 was political in nature. It was therefore not covered by any broad immunity the Supreme Court had applied to a president’s official acts.

Trump has tried to derail this lawsuit for years, arguing that his words and deeds were protected from any civil liability by his immunity as president. Not so, said Judge Mehta. “President Trump has not shown that the Speech reasonably can be understood as falling within the outer perimeter of his Presidential duties,” Mehta wrote in his 79-page opinion. “The content of the Ellipse Speech confirms that it is not covered by official-acts immunity.”

The decision means years of additional litigation and appeals for Trump, while giving litigants a path forward.

Big Beautiful Blue Ballsroom

In a decision likely to evoke cheers across the country, another federal court, in a ruling by Judge Richard J. Leon, appointed by George W. Bush, halted further construction of Trump’s $400 million ballroom. As the New York Times reported,

In a 35-page opinion, Judge Leon wrote that Mr. Trump likely did not have the authority to act without consulting Congress to replace entire sections of the White House — changes that could endure for generations.

In an opinion punctuated by 19 exclamation points, Judge Leon also reiterated concerns he had raised for months in court: that from the start, the administration has provided shifting and questionable accounts of who was in charge of the project and under what authority private donations could be accepted to fund it.

Judge Leon hinted that Congress could get the ball rolling again by passing authorizing legislation. “Unless and until Congress blesses this project through statutory authorization, construction has to stop!” he wrote. “But here is the good news. It is not too late for Congress to authorize the continued construction of the ballroom project.”

Such an effort would be highly unpopular among voters, and Judge Leon likely understands that. Good news indeed!

Trump didn’t take the news well. In a Truth Social post following the ruling, Trump lashed out over being sued by the National Trust for Historic Preservation over a ballroom that is “under budget, ahead of schedule, being built at no cost to the Taxpayer, and will be the finest building of its kind anywhere in the World.”

Birthright citizenship case

Finally, later today Trump is expected to face skepticism from SCOTUS as it hears a challenge to his birthright citizenship order, which is also plainly unconstitutional. (Fun fact: My friend and former colleague at the Keker & Van Nest law firm in San Francisco, Cecillia Wang, who is now National Legal Director for the ACLU, will be arguing the case.)

As NPR noted,

Trump has long maintained that the Constitution does not guarantee birthright citizenship. So, on Day 1 of his second term, he issued an executive order barring automatic citizenship for any baby born in the U.S. whose parents entered the country illegally or who were here legally, but on a temporary, or even a long-term visa.

Trump likes to claim we are the only country that grants birthright citizenship, but there are actually more than 30 others, including our neighbors Canada and Mexico. It’s a common practice among countries in the Americas.

After the Civil War, and to undo the pernicious Dred Scott decision of 1857, Congress passed the 14th Amendment defining citizenship in broad terms: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States.”

It will be hard for Trump to get around the plain text of the 14th Amendment and the legislative record, showing Congress intended to extend birthright citizenship broadly, including to immigrants.

Roaring like a tyrant, ruling like a fool

With all these setbacks, snubs by our allies and federal court smackdowns, Trump is looking like a lame duck paper tyrant, all strut and bluster but little ability to act beyond the bounds of his authority and power. Granted, when it comes to making war, that authority and power are considerable, especially with a GOP unwilling to rein him in.

But in other matters, if he thinks he can simply rule by decree, change our voting system and our Constitution at the stroke of a pen, alter whatever he wants of our cherished landmarks and property, and escape civil or even criminal liability for actions lying outside the authority of his office, he will be mightily disappointed.

03:00 AM

Wikimedia Commons picture of the day for March 25 [Wikimedia Commons picture of the day feed]

Picture of the day
Villages of Hullathy Gram Panchayat in a steep arid valley in the north face of the Nilgiri Mountains. Villagers have created a vibrant agrarian economy, largely vegetables and tea, using terraces and irrigation. Tamil Nadu, India.

Wikimedia Commons picture of the day for March 26 [Wikimedia Commons picture of the day feed]

Picture of the day
Kyzylkup table mountain. Kyzylsai regional park, Mangystau District, Mangystau Region, Kazakhstan

Wikimedia Commons picture of the day for March 28 [Wikimedia Commons picture of the day feed]

Picture of the day
Mary Martin with children, during production of the Broadway musical The Sound of Music. Martin portrayed Maria von Trapp who died on this day in 1987.

Wikimedia Commons picture of the day for March 30 [Wikimedia Commons picture of the day feed]

Picture of the day
Sand dunes of the Thar Desert in the Indian state of Rajasthan. On this day in 1949, the state was formed after a merger of several Rajput princely states into the Indian Union following India's independence from British colonial rule.

Wikimedia Commons picture of the day for March 31 [Wikimedia Commons picture of the day feed]

Picture of the day
Viking Sky (ship, 2017) - moored in the harbour of Sète (Hérault, France)

Wikimedia Commons picture of the day for April 1 [Wikimedia Commons picture of the day feed]

Picture of the day
Basilica of Santa Francesca, Rome, Italy. A church at the site was known by the tenth century. It was named Santa Maria Nova ("New St Mary"), to distinguish it from the other church inside the Roman forum devoted to St Mary, Santa Maria Antiqua ("Ancient St Mary"), which had fallen into ruin by then. The relics from the ancient church were moved to this church under Pope Leo. Santa Maria Nuova was enlarged in the second half of the tenth century, and then rebuilt by Pope Honorius III in the thirteenth century, adding the campanile and the apse, as well as being decorated with a mosaic Maestà, a depiction of the Madonna enthroned accompanied by saints (as seen in the picture). Since 1352 the church has been in the care of the Olivetans. In the 16th century, the church was rededicated to Frances of Rome (Francesca Buzzi), who was canonized in 1608 and whose relics are in the crypt. The interior of the church has undergone many refurbishments.

Wednesday 2026-04-01

11:00 PM

Brendan Carr Ignores The Law, Rubber Stamps More Right Wing Media Consolidation, Then Lies About It [Techdirt]

Right wing broadcasters are having a very good time under Brendan Carr, who has looked to destroy all remaining media consolidation limits to let them merge. Such companies, like Sinclair, Nexstar, and Tegna, don’t do journalism so much as they do soggy, right wing propaganda and infotainment, usually with endless fear mongering about drugs, homelessness, and crime rates.

They’re just one part of the right wing’s effort to remake the entirety of media into a massive safe space for dim autocrats.

Carr’s latest effort: he rubber stamped Nexstar Media Group’s $6.2 billion purchase of Tegna behind closed doors. Carr let the merged companies ignore our remaining media consolidation limits, which prevent one company from being the primary broadcast news voice for more than 39 percent of households (the new combined company reaches 54.5 percent).

Nexstar (a very Republican friendly company that also owns The Hill), not that long ago fired a journalist whose reporting angered Trump. Combined with Tegna, the two companies will own 221 Big Four broadcast stations, or more than half of the U.S. stations affiliated with FOX, NBC, ABC, or CBS.

Carr’s been on a campaign to ensure these right-wing loyal companies have more power in their dealings with their national counterparts (remember how they helped Carr censor Jimmy Kimmel?). The efforts come as local Americans increasingly live in “local news deserts” where quality local journalism simply no longer exists.

Anna Gomez, the lone Democrat left at the FCC (Republicans refuse to fill the other seat), didn’t have nice things to say about Carr’s decision to ignore the public interest protections without a transparent, public vote (indicating Carr very clearly knew this would be very unpopular):

NEWS: The FCC has approved the unlawful Nexstar-TEGNA merger behind closed doors.The consequences of this rubber stamp approval will be felt in living rooms and newsrooms across the country, resulting in fewer voices, less competition, and higher costs for consumers.

FCC Commissioner Anna Gomez (@agomezfcc.bsky.social) 2026-03-19T23:00:22.550Z

As always, Carr’s order approving the merger leverages all manner of pseudo-legalistic sounding bullshit to justify ignoring Congress and the law. And he parrots a bunch of completely empty promises by Nexstar that they’ll ramp up the production of more “local news”:

“We note that Nexstar has made significant commitments in the agency’s record as well,
further ensuring that this transaction promotes the public interest. To further serve its local communities, Nexstar commits to expanding its investment in local news and programming, including increasing the amount of local news it provides in acquired markets.”

Except again, by “news” we mean right wing propaganda. And Brendan Carr never meaningfully holds corporate power accountable for anything, unless it involves a comedian making fun of the president or companies not being suitably racist enough for the president’s liking.

Eight states have already filed a lawsuit challenging the legality of the decision. The lawsuits understandably focus heavily on the competition impacts, and the likely higher cable TV prices that will result for most of you:

“By consolidating with a major competitor, Nexstar would likely acquire the power to charge MVPDs higher retransmission consent fees for Big 4 station content. In turn, those MVPDs would likely pass on the increased retransmission consent fees, in large measure, to their subscribers in the form of substantially higher cable and satellite bills.”

California regulators attempted to slow the process down by proposing a standard timing agreement with Nexstar, where the company would suspend its acquisition of Tegna until the state completed its investigation. 

But something of particular note: on pages 16-17 of the states’ amended complaint, it becomes clear that Nexstar completely ignored the State AGs for 8 days, then ignored their lawsuit for another 18 hours, and then told the state AGs “The relief sought in your Complaint is no longer available.”

In other words, what passes for some of the only real antitrust enforcement we have (a scattered coalition of states) have to fight both consolidated corporate power and the authoritarian, corrupt government simultaneously to make any inroads in the public interest.

“This is completely unprecedented,” Free Press (the consumer group, not the Bari Weiss troll farm) Research Director S. Derek Turner told me via email. “Nexstar and the Trump DOJ and FCC seem to have acted in concert to deprive the citizens of of these 8 states their rights to have our AG enforce the antitrust laws on our behalf.”

If Carr succeeds here, I suspect it won’t be long before you see Sinclair and this new combined company merge. Carr is also fielding requests by the big four national broadcasters to eliminate restrictions preventing them from merging as well (one of many reasons they’ve been so feckless). After that, you’ll likely see more consolidation across telecom, tech, and media.

It is, just in case we’ve forgotten, the complete opposite of the “antitrust reform populism” Trump, and a long line of useful idiots, promised last election season.

While this is certainly an act of some desperation (less than 20% of all U.S. TV viewing is now broadcast), claiming this doesn’t matter because this is “just local broadcasting” and the “future is the internet” (something I see often) is a violent misread of the dire stakes of the situation. This aggressive, Trump-loyal consolidation hasn’t, and isn’t, just being confined to broadcast television (see: Twitter, TikTok).

This is, to be clear, a coordinated and illegal authoritarian/corporatist effort to ignore the public interest and the law to expand right wing propaganda’s power over an already clearly befuddled and broadly misinformed electorate. Right wingers will continue to engage in this quest to dominate the entirety of U.S. media (following in the steps of Victor Orban in Hungary) until they run into something other than the political and policy equivalent of soft pudding.

Google, Cloudflare, Cisco Lose Pirate Site DNS Blocking Appeal in France [TorrentFreak]

franceTraditional site-blocking measures that require local ISPs to block subscriber access to pirate sites have been commonplace in France for years.

By blocking pirate domains through ISP DNS resolvers, subscriber access is effectively cut off. However, the measures were only partially effective, as many users simply switched to third-party DNS resolvers to get around them.

In 2024, an order from the Paris Judicial Court, requested by football and rugby rightsholder Canal+, aimed to patch that loophole. The order required Cloudflare, Google, and Cisco to actively block access to pirate sites through their own DNS resolvers, confirming that third-party intermediaries can be required to take responsibility.

Article L. 333-10

The DNS blocking order is grounded in Article L. 333-10 of the French Sport Code, which enables rightsholders to request blocking measures against named pirate sites if they can demonstrate “serious and repeated infringement” of their exploitation rights.

To prevent pirate sites from being accessed on French soil, rightsholders may request that “all proportionate measures” are implemented by any online entity in a position to help.

The scope of Article L. 333-10 was always meant to be broad. There was little doubt that it included regular consumer ISPs. However, applying it to DNS resolvers was a different matter, and all three companies fought back.

Cisco was the most extreme in its response. The American company decided to stop offering its OpenDNS service in France, pending appeal. Google and Cloudflare kept their DNS resolvers online in the country but joined Cisco at the Paris Court of Appeal.

Five Appeals, Five Rejections

Last week, the Paris Court of Appeal ruled on five separate appeals, where Cisco, Cloudflare, and Google appealed blocking orders that the French pay-TV provider Canal+ obtained. The court rejected all appeals and concluded that DNS blocking measures are both technically feasible and proportionate.

The news was first reported by the French news outlet L’Informé, which also published the orders.

This is the first time a French appeals court has validated the DNS blocking approach under Article L. 333-10, giving the strategy a considerably stronger legal basis. Specifically, the appeals court repeatedly stressed that DNS resolvers can be required to block pirate sites.

Defense Arguments Fail

The DNS providers raised various arguments in their defense. According to the court’s summary, Cloudflare and Cisco argued that their services have “only a neutral and passive function” and “neither transmit nor participate in infringement.” They compared their role to an address book: they translate domain names into IP addresses, and their involvement ends the moment they return that result to a user’s browser.

This argument failed to convince the court, which found that the “neutral and passive” nature of the DNS resolvers is simply irrelevant to Article L. 333-10. The law isn’t about liability at all. What matters is whether a service can help to block access to pirate sites, which DNS resolvers clearly can.

“The DNS resolution service allows its users, via the translation of a domain name into an IP address, to access websites on which sports competitions are broadcast in violation of rights-holders’ rights, and in particular to circumvent the blocking of those sites by ISPs,” the court wrote.

Google also argued that blocking pirate sites via third-party DNS services is not an effective deterrent, since it can be circumvented by using a VPN or switching to yet another DNS resolver.

The appeals court wasn’t moved by this argument either. French law doesn’t require blocking measures to be perfect, as long as they stop a subset of the visitors to pirate sites, it’s good enough.

“Any filtering measure can be circumvented, and this possibility does not render the measures in question ineffective,” the Paris Court of Appeal wrote.

Intermediaries Pick Up the Bill

Cisco, which shut down its OpenDNS service in France instead of complying with the original order, argued on appeal that implementing geo-targeted DNS blocking would require 64 person-weeks of engineering work.

However, the court was not swayed by this cost argument, noting in its decision that the estimate was “not supported by any objective evidence.” The court also pointed out that Cisco already offers a DNS filtering service to enterprise customers, which undermined the argument that there’s a significant technical challenge.

Cloudflare, meanwhile, offered no figures at all to quantify the cost, the court noted, adding that they also offer filtering options already.

At the end of the day, Cisco, Cloudflare, and Google will have to implement the blocking measures for hundreds of pirate site domains while covering the implementation costs themselves.

More IP Blocking Battles Ahead

Canal+ is pleased with the five appeals court rulings. The pay-TV service Canal+ said in a statement that the rulings are “more than a victory,” forming part of “a global approach that will be reinforced by the progressive deployment of complementary measures, including IP blocking.”

In France, the next anti-piracy frontier is automated IP-address blocking, which is expected to go live later this year, ahead of the FIFA football World Cup. According to L’Informé, the Roland Garros tennis tournament will serve as a trial opportunity.

In addition to DNS providers, Canal+ and other rightsholders have also obtained blocking orders against VPN providers. These are still under appeal.


The five orders of the Paris Court of Appeal (RG 24/09372), dated March 27, 2026, are available here (pdf), via L’Informé journalist Marc Rees.

From: TF, for the latest news on copyright battles, piracy and more.

07:00 PM

Kanji of the Day: 否 [Kanji of the Day]

✍7

小6

negate, no, noes, refuse, decline, deny

いな いや

否定   (ひてい)   —   denial
拒否   (きょひ)   —   refusal
否認   (ひにん)   —   denial
賛否   (さんぴ)   —   yes and no
否定的   (ひていてき)   —   negative
可否   (かひ)   —   propriety
否決   (ひけつ)   —   rejection
賛否両論   (さんぴりょうろん)   —   arguments for and against
否めない   (いなめない)   —   cannot deny
安否   (あんび)   —   safety

Generated with kanjioftheday by Douglas Perkins.

Kanji of the Day: 拘 [Kanji of the Day]

✍8

中学

arrest, seize, concerned, adhere to, despite

コウ

かか.わる

拘束   (こうそく)   —   restriction
拘置   (こうち)   —   detention
拘束力   (こうそくりょく)   —   binding force
拘置所   (こうちしょ)   —   prison
拘る   (かかわる)   —   to be affected
拘束時間   (こうそくじかん)   —   total hours spent working
党議拘束   (とうぎこうそく)   —   compulsory adherence to a party decision
身柄拘束   (みがらこうそく)   —   physical restraint (e.g., by police)
にも拘らず   (にもかかわらず)   —   in spite of
拘禁   (こうきん)   —   detention

Generated with kanjioftheday by Douglas Perkins.

02:00 PM

Aspyr: Hey, Those Crappy Tomb Raider Remastered Outfits Were Made By Our Artists, Not AI! [Techdirt]

I’m going to trust that most of our audience will have some idea of what McCarthyism was in the 1950s. To summarize very briefly, it was an anti-communist campaign that spread into becoming equally anti-leftist throughout the country, with a specific focus on driving the supposed communist influences out of major media in America, such as radio and Hollywood. This led to a public hyper-vigilant in looking for supposed communists everywhere, as well as plenty of cases of false accusations of communist activity purposefully foisted upon people for personal reasons. This rabid, frothy-mouthed era of suspicion became a major stain on America in the 1950s.

I’m watching a version of this begin to take form around artificial intelligence. I know, I know: there are very real dangers and negative outcomes that could come to be from AI. That was true of communism and our Cold War enemy in the Soviet Union as well. My point is not that AI is great all the time and any pushback against it is invalid. Instead, my point is that we’re starting to see what I’ll call McPromptism, where some percentage of the public looks for AI everywhere it can and, if use is suspected, immediately decries it as terrible and demands that people not engage with the supposed user.

And just like McCarthyism, McPromptism gets its accusations wrong sometimes. You can see a version of that in the story of Aspyr’s remastering of old Tomb Raider games and the horrible outfits that were produced for the protagonist, Lara Croft.

Earlier this week we reported on fan reaction to the latest update to the Tomb Raider I-III Remastered collection, in which the game received a new Challenge Mode, while Lara received a suite of new outfits to wear as rewards. And oh wow, they were bad. Comically bad. So bad, in fact, that one of the remaster’s original artists posted on X to distance himself and his colleagues from the dross. Alongside all of this was the suspicion that genAI might have been involved in the fits’ creation, given just how dreadful they looked. Publisher Aspyr has now finally responded to the claims to insist no AI was used at all, instead stating they were created by “our team of artists.” Which raises more questions.

If you want to see a somewhat humorous look at the outfit textures that are the subject of public complaint, here you go.

On the one hand, for someone like me who is not into the anti-AI dogma out there, it is objectively funny for some people to point at bad video game textures and claim they’re so bad because they’re obviously created using generative AI… only to have the company that made them say, “Nuh uh! It was our human employees who made them!” It’s almost Monty-Python-esque, in a way.

But this default among some in the gaming public to be “This thing in gaming is bad, so it must have been made using AI!” is just one more kind of silly that is out there right now. Aspyr doesn’t exactly have a perfect reputation when it comes to remastering games, after all, and it built that reputation long before genAI came along.

It seems clear that this was a case of images being released to promote the remastered game that Aspyr didn’t live up to in the actual game itself. No AI, just human beings not hitting the mark. It happens all the time. Hell, there is even a chance that AI could have done a better job. Not a certainty by any stretch, but a possibility.

But the real take away from this otherwise minor episode for me was the McPromptism misfire. If you’re going to rage against the literal machine in the video gaming industry, which I think is the wrong stance to take anyway, at least let it be righteous rage.

11:00 AM

Free Speech Experts: Jonathan Haidt’s Moral Panic Is As Old As Democracy Itself [Techdirt]

We’ve been saying for years now that Jonathan Haidt’s crusade against social media and kids is a moral panic dressed up in academic robes, and that the evidence simply does not support the sweeping claims he’s been making. A new piece in the Wall Street Journal by Jacob Mchangama and Jeff Kosseff drives that point home with a framing that cuts straight to the absurdity of it all: this fear of new ideas “corrupting the youth” is literally as old as democracy itself.

In 399 BCE, Socrates was put on trial before a jury of some 500 of his fellow Athenians. The indictment accused him of impiety and added, “Socrates is…also guilty of corrupting the youth.” Despite the Athenian democracy’s commitment to free and equal speech, Socrates was found guilty and sentenced to death.

Two and a half millennia later, democracies are still deeply concerned about dangerous ideas corrupting the youth. This time, the target isn’t dangerous philosophy but an increase in teen mental-health issues blamed on social media.

Mchangama and Kosseff are particularly well-positioned to make this argument (and are both former Techdirt podcast guests). Mchangama’s prior book, Free Speech: A History from Socrates to Social Media, traced the full arc of free speech battles across civilizations, and the two of them have a forthcoming co-authored book, The Future of Free Speech, on the global decline of free speech protections. Meanwhile Kosseff’s three previous books all cover related free speech territory: The Twenty-Six Words that Created the Internet, Liar in a Crowded Theater, and The United States of Anonymous. These are people who have spent their careers studying exactly these patterns — the recurring cycle of moral panic, political opportunism, and the quiet erosion of rights that tends to follow.

Their piece walks through the problems with both the evidence and the policy responses that have sprung from Haidt’s work. On the evidence:

In 2024, a review of the scientific literature by a committee at the National Academies of Sciences, Engineering, and Medicine had found that despite some “potential harms,” the review “did not support the conclusion that social media causes changes in adolescent health at the population level.” A 2026 longitudinal study in the Journal of Public Health reached a similar conclusion. 

We covered these studies at the time, noting that they were far from the only such studies to go hunting for the alleged evidence of inherent harms to children using social media — and coming up empty. It is amazing how little attention these studies get compared to Haidt’s book. So it’s good to see Mchangama and Kosseff call them out.

They also highlight what gets lost when you reduce this to a simple “social media = bad” story:

“Social media has the potential to connect friends and family. It may also be valuable to teens who otherwise feel excluded or lack offline support,” according to the National Academies of Science report. It also highlights the possible benefits of online access for “young people coping with serious illness, bereavement, and mental health problems” as well as opportunities for learning and developing interests. 

That point is especially important for vulnerable teenagers whose offline environments may be isolating or hostile. This is why comparing social media to tobacco is questionable: The scientific consensus on smoking’s harms is unanimous and no one claims smoking has benefits. Neither is true for social media.

This is consistent with what experts told TES Magazine last fall — actual researchers in the field described Haidt’s work as “fear” rather than science, said they couldn’t believe a fellow academic wrote it, and pointed out basic logical flaws in his causal claims. It’s also consistent with what I found in my own detailed review of the book when it came out two years ago, where the cherry-picked data, the ignored contrary evidence, and the policy proposals based on gut feelings rather than research were all on full display.

What makes this even worse than a standard “well-meaning but wrong” situation is a study we wrote about earlier this year showing that the social media “addiction” narrative itself may be more harmful than social media. Researchers found that very few people show signs consistent with actual addiction, but every time the media amplifies stories about social media addiction, more people claim they’re addicted. And that belief makes them feel helpless — convincing them they have a pathological condition rather than habits they could simply change.

In other words, the moral panic is doing the exact same thing it accuses social media of doing: making people anxious, helpless, and convinced they can’t control their own behavior.

The cost of being wrong here is that parents, politicians, and schools ignore the real causes of teen mental health struggles: poverty, the closure of youth services, reduced access to mental health care, and the erasure of community support systems. And the cost is that kids who genuinely rely on online communities — LGBTQ+ youth, kids with chronic illnesses, kids in hostile home environments — lose a lifeline. Mchangama and Kosseff make the same point, and now we can see the policy consequences playing out in real time.

And it goes even further. As Mchangama and Kosseff note, authoritarian governments are already using the “protect the children” framework as cover for broader censorship:

Authoritarian and illiberal states provide a grim window into how the protection of children can be weaponized to suppress dissent. In 2012, Russia enacted an internet blacklist law, with the stated intention of protecting children from harmful content. The law laid the groundwork for Russia’s heavily censored “Red Web” that now entirely prohibits many foreign social-media platforms.

The same goes in Indonesia which this month announced a ban on social media for those under 16. But Indonesia is also a country that has used the pretext of child protection to block and censor gay social networking apps and content.  

It’s a remarkable blind spot for those pushing Haidt’s arguments. They never seem to consider that these are the exact same tools authoritarian governments use to silence marginalized voices. You would think that politicians championing this book — particularly Democrats who claim to care about civil liberties and LGBTQ rights — might pause when they see Russia and Indonesia deploying identical justifications.

And yet politicians across the spectrum continue to treat Haidt’s book like scripture, despite an overwhelming expert consensus that his claims don’t hold up.

Mchangama and Kosseff close with what should be obvious, but apparently still needs to be said:

Democracies have always worried about dangerous ideas corrupting the young. Intellectuals and lawmakers should absolutely be concerned about how and when our children navigate social media. But they should also be concerned about whether, in our rush to protect our children, we are building an infrastructure of surveillance and censorship that will ultimately threaten the hard-won freedoms we want future generations to enjoy.

Speech is powerful. Ideas have consequences. But we protect such speech from legal liability for that very reason. The power of speech to change minds and influence people is exactly why those in power are so often afraid of it and looking to tamp it down. It’s also why Mchangama and Kosseff can tie the urge back all the way to Socrates.

Every generation gets its moral panic. Every time, someone insists “this time it’s different.” Every time, the evidence eventually catches up and the panic looks ridiculous in retrospect. The tragedy is how much damage gets done in the meantime — to kids who lose a real lifeline, to free expression, to privacy, and to the actual causes of teen suffering that never get addressed because everyone was too busy blaming the latest app.

The verdict from the people who actually study this stuff has been clear for a while now. Maybe it’s time for politicians to put down Haidt’s book and pick up the actual research.

08:00 AM

Techdirt Podcast Episode 448: Transaction Denied [Techdirt]

In the conversation about online speech, most of the attention tends to fall on the big social media platforms, while other intermediaries get overlooked — especially payment processors and other financial intermediaries. But that very thing is the focus of a new book coming out next week, Rainey Reitman‘s Transaction Denied. With launch events coming up on April 7th in Berkeley and April 9th in San Francisco, Rainey joins the podcast this week to talk all about the book and the vital role of financial intermediaries in online speech.

You can also download this episode directly in MP3 format.

Follow the Techdirt Podcast on Soundcloud, subscribe via Apple Podcasts or Spotify, or grab the RSS feed. You can also keep up with all the latest episodes right here on Techdirt.

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