Kanji of the Day: 慣 [Kanji of the Day]
慣
✍14
小5
accustomed, get used to, become experienced
カン
な.れる な.らす
慣れ (なれ) — practice
習慣 (しゅうかん) — habit
慣れる (なれる) — to get used to
慣れた (なれた) — experienced
食習慣 (しょくしゅうかん) — eating habits
慣習 (かんしゅう) — custom
慣例 (かんれい) — custom
生活習慣病 (せいかつしゅうかんびょう) — lifestyle disease
慣行 (かんこう) — customary practice
不慣れ (ふなれ) — inexperienced
Generated with kanjioftheday by Douglas Perkins.
Kanji of the Day: 載 [Kanji of the Day]
載
✍13
中学
ride, board, get on, place, spread, 10**44, record, publish
サイ
の.せる の.る
連載 (れんさい) — serialization
掲載 (けいさい) — publication (e.g., of an article in a newspaper)
記載 (きさい) — mention (in a document)
搭載 (とうさい) — loading (on a ship)
満載 (まんさい) — full load
載す (のす) — to place on (something)
無断転載 (むだんてんさい) — unauthorized reproduction
転載 (てんさい) — reprinting
載せる (のせる) — to place on (something)
登載 (とうさい) — running (an article)
Generated with kanjioftheday by Douglas Perkins.
Larian Studios The Latest To Face Backlash Over Use of AI To Make Games [Techdirt]
I guess I’m a masochist, so here we go. In my recent post about Let It Die: Inferno and the game developer’s fairly minimal use of AI and machine learning platforms, I attempted to make the point that wildly stratified opinions on the use or non-use of AI was making actual nuanced conversation quite difficult. As much as I love our community and comments section — it’s where my path to writing for this site began, after all — it really did look like some folks were going to try as hard as possible to prove me right. Some commenters treated the use of AI as essentially no big deal, while some were essentially “Never AI-ers,” indicating that any use, any at all, made a product a non-starter for them.
Still other comments pointed out that this studio and game are relatively unknown. The game was reviewed poorly for reasons that have nothing to do with use of AI, as I myself pointed out in the post. One commenter even suggested that this might all be an attention-grabbing thing to propel the studio and game into the news, so small and unknown as they are.
Larian Studios is not unknown. They don’t need any hype. Larian is the studio that produces the Divinity series, not to mention the team that made Baldur’s Gate 3, one of the most awarded and best-selling games of 2023. And the studio’s next Divinity game will also make some limited use of AI and machine learning, prompting a backlash from some.
Larian Studios is experimenting with generative AI and fans aren’t too happy. The head of the Baldur’s Gate 3 maker, Swen Vincke, released a new statement to try to explain the studio’s stance in more detail and make clear the controversial tech isn’t being used to cut jobs. “Any [Machine Learning] tool used well is additive to a creative team or individual’s workflow, not a replacement for their skill or craft,” he said.
He was responding to a backlash that arose earlier today from a Bloomberg interview which reported that Larian was moving forward with gen AI despite some internal concerns among staff. Vincke made clear the tech was only being used for things like placeholder text, PowerPoint presentations, and early concept art experiments and that nothing AI-generated would be included in Larian’s upcoming RPG, Divinity.
Alright, I want to be fair to the side of this that takes an anti-AI stance. Vincke is being disingenuous at best here. Whatever use is made of AI technology, even limited use, still replaces work that would be done by some other human being. Even if you’re committed to not losing any current staff through the use of AI, you’re still getting work product that would otherwise require you to hire and expand your team through the use of AI. There is obviously a serious emotional response to that concept, one that is entirely understandable.
But some limited use of AI like this can also have other effects on the industry. It can lower the barrier to starting new studios, which will then hire more people to do the things that AI sucks at, or to do the things where we really don’t want AI involved. It can make Indie studios faster and more productive, allowing them to compete all the more with the big publishers and studios out there. It can create faster output, meaning adjacent industries to developers and publishers might have to hire and expand to accommodate the additional output.
All of this, all of it, relies on AI to be used in narrow areas where it can be useful, for real human beings to work with its output to make it actual art versus slop, and for the end product to be a good product. Absent those three things, the Anti-AI-ers are absolutely right and this will suck.
But the lashing that Larian has been getting is divorced from any of that nuance.
Vincke followed up with a separate statement on on X rejecting the idea that the company is “pushing hard” on AI.
“Holy fuck guys we’re not ‘pushing hard’ for or replacing concept artists with AI.
We have a team of 72 artists of which 23 are concept artists and we are hiring more. The art they create is original and I’m very proud of what they do. I was asked explicitly about concept art and our use of Gen AI. I answered that we use it to explore things. I didn’t say we use it to develop concept art. The artists do that. And they are indeed world class artists.
We use AI tools to explore references, just like we use google and art books. At the very early ideation stages we use it as a rough outline for composition which we replace with original concept art. There is no comparison.”
Yes, exactly. There are uses for this technology in the gaming industry. Pretending otherwise is silly. There will be implications on the direct industry jobs at existing studios due to its use. Pretending otherwise is silly. AI use can also have positive effects on the industry and workers within it overall. Pretending otherwise is silly and ignores all the technological progress that came before we started putting these two particular letters together (AI).
And, ultimately, this technology simply isn’t going away. You can rage against this literal machine all you like, it will be in use. We might as well make the project influencing how it’s used, rather than if it’s used.
The Shakedown: Trump’s DOJ Pressured Lawyers To “Find” Evidence That UCLA Had Illegally Tolerated Antisemitism [Techdirt]
This story was originally published by ProPublica. Republished under a CC BY-NC-ND 3.0 license.
On the morning of Thursday, July 31, James B. Milliken was enjoying a round of golf at the remote Sand Hills club in Western Nebraska when his cellphone buzzed.
Milliken was still days away from taking the helm of the sprawling University of California system, but his new office was on the line with disturbing news: The Trump administration was freezing hundreds of millions of dollars of research funding at the University of California, Los Angeles, UC’s biggest campus. Milliken quickly packed up and made the five-hour drive to Denver to catch the next flight to California.
He landed on the front lines of one of the most confounding cultural battles waged by the Trump administration.
The grant freeze was the latest salvo in the administration’s broader campaign against elite universities, which it has pilloried as purveyors of antisemitism and “woke” indoctrination. Over the next four months, the Justice Department targeted UCLA with its full playbook for bringing colleges to heel, threatening it with multiple discrimination lawsuits, demanding more than $1 billion in fines and pressing for a raft of changes on the conservative wish list for overhauling higher education.
In the months since Milliken’s aborted golf game, much has been written about the Trump administration’s efforts to impose its will on UCLA, part of the nation’s largest and most prestigious public university system. But an investigation by ProPublica and The Chronicle of Higher Education, based on previously unreported documents and interviews with dozens of people involved, reveals the extent to which the government violated legal and procedural norms to gin up its case against the school. It also surfaced something equally alarming: How the UC system’s deep dependence on federal money inhibited its willingness to resist the legally shaky onslaught, a vulnerability the Trump administration’s tactics brought into sharp focus.
According to former DOJ insiders, agency political appointees dispatched teams of career civil rights lawyers to California in March, pressuring them to rapidly “find” evidence backing a preordained conclusion: that the UC system and four of its campuses had illegally tolerated antisemitism, which would violate federal civil rights statutes.
The career attorneys eventually recommended a lawsuit against only UCLA, which had been rocked by pro-Palestinian protests in the spring of 2024. But even that case was weak, the lawyers acknowledged in a previously unreported internal memo we obtained. It documented the extensive steps UCLA had already taken to address antisemitism, many resulting from a Biden administration investigation based on the same incidents. The memo also noted there was no evidence that the harassing behavior that peaked during the protests was still happening.
Nonetheless, investigators sketched out a convoluted legal strategy to justify a new civil rights complaint against UCLA that several former DOJ lawyers called problematic and ethically dubious. Multiple attorneys who worked on it told us they were relieved they’d left the DOJ before they could be asked to sign it.
UCLA seemingly had every reason to push back aggressively. Yet UC system leaders have resisted calls from faculty and labor groups to file suit, fearing the many ways the government could retaliate against not only UCLA, but the entire university system, which relies on federal funds for a full one-third of its revenue. The government has opened probes into all 10 UC campuses, including at least seven that target UC Berkeley alone. “Thankfully, they’ve only fucked with UCLA at this point,” said one UC insider privy to the system’s thinking.
To tell this story, ProPublica and the Chronicle reviewed public and internal records and interviewed more than 50 people, including DOJ attorneys who worked on the California investigations, UC officials and faculty, former government officials, Jewish leaders and legal experts. Some asked not to be identified, for fear the administration would retaliate or because they hadn’t been authorized to discuss the conflict. The Justice Department and its top officials did not respond to detailed questions and interview requests.
Over three decades leading public colleges, Milliken, 68, a dapper onetime Wall Street lawyer who goes by “JB,” has built a reputation as a pragmatist able to work with politicians of all stripes and navigate the culture wars. In an interview, he called the challenges facing the entirety of UC, and UCLA in particular, unparalleled in his career. “There’s nothing like this time,” he said. “This is singular. It’s the toughest.”
On Nov. 14, UC received a temporary reprieve. In response to a complaint brought by the American Association of University Professors, U.S. District Judge Rita F. Lin issued a scathing opinion finding that the Trump administration’s actions against UCLA had “flouted” legal requirements and ordered it to cease all “coercive and retaliatory conduct” against the UC system. Lin had already ordered the release of UCLA’s $584 million in frozen grant funding.
But those orders are preliminary and subject to appeal, and many people at UC fear that more attacks are coming. “Even if this holds, there will simply be another move from this administration,” said Anna Markowitz, an associate professor of education at UCLA and a leader of the campus faculty association, which is among the lawsuit’s plaintiffs. “They have not made it a secret what they wish to do.”
In interviews, UCLA researchers described the damage the school has absorbed so far. Even Jewish faculty members who endured antisemitism said they are aghast at the way the government has weaponized their complaints to justify cutting critical scientific research.
One of them is Ron Avi Astor, a professor of social welfare and education whose description of his treatment at the hands of pro-Palestinian protesters is a prominent part of the lawsuit President Donald Trump’s DOJ recommended against UCLA. But he is dismayed at the cuts to research funds. “These are things that save people’s lives. Why are we messing with that? It’s a tool that anyone who’s a scholar would abhor,” he told us. “It looks like we’re being used.”
For Trump’s Justice Department, the University of California was a juicy target from the start.
With its 10 campuses, nearly 300,000 students, six medical centers and three national labs, UC is a crown jewel of a blue state — one whose governor, Gavin Newsom, has become one of Trump’s most prominent foes.
Its scientists have won 75 Nobel Prizes, including four this year alone. But as a high-powered science hub, it’s deeply dependent on federal funding, getting some $17.3 billion a year in research grants, student financial aid and reimbursements from government health programs. UC also has nothing like the endowment wealth of the Ivy League colleges, including Columbia and Brown, from which the Trump administration has extracted penalties in the tens or hundreds of millions.
Some of Trump’s DOJ appointees arrived with UC already in their crosshairs. Harmeet K. Dhillon, Trump’s assistant attorney general for civil rights, had sued UC officials in 2017 on behalf of two conservative student groups, alleging unfair treatment of conservative speakers they wanted to bring to the Berkeley campus. (UC settled the case a year later, agreeing to modify rules for speakers at Berkeley and pay $70,000 in legal costs.) And Trump had named Leo Terrell, the bombastic former Fox News commentator, to a top DOJ civil rights post where he heads the president’s Task Force to Combat Anti-Semitism. A UCLA School of Law graduate, Terrell had publicly declared in mid-2024 that his alma mater was “a national embarrassment” over its handling of “criminal antisemitic conduct.” Dhillon and Terrell didn’t respond to requests for comment.
In early February, just two weeks after Trump took office, his new attorney general, Pam Bondi, issued a series of directives to the DOJ requiring “zealous advocacy” for Trump’s executive orders, attacks on all forms of “illegal DEI” and aggressive steps to combat antisemitism. Civil rights actions and investigations involving race and sex discrimination, historically the civil rights division’s chief focus, were largely abandoned.
On Feb. 28, Terrell’s task force announced plans to visit 10 U.S. campuses, including UCLA and UC Berkeley, that were alleged to have illegally failed to protect Jewish students and faculty members, to assess “whether remedial action is warranted.”
But by then, the new Justice leadership had already decided to investigate UC schools and already concluded that they were guilty.
In early March, Terrell declared on Fox News that students and employees in “the entire UC system” were “being harassed because of antisemitism.” The administration planned to “sue,” “bankrupt,” and “take away every single federal dollar” from such schools, he said, and the DOJ would file hate crime charges.
A team of about a dozen career DOJ lawyers had been assembled only days earlier to investigate the allegations of antisemitism against UC employees. Under the employment discrimination section of the Civil Rights Act, the occurrence of ugly antisemitic incidents or violence involving professors or staff wasn’t, by itself, enough to merit federal intervention. The legal standard was whether the university had engaged in a “pattern or practice” of tolerating antisemitism.
Before Trump took office, the civil rights division typically took more than a year to complete such a probe, according to DOJ veterans. Investigators would conduct interviews on campus, review reams of documents for compliance with various statutes and assess such complex matters as when hateful speech is protected by the First Amendment. Once a complaint was authorized, the civil rights division would seek voluntary compliance in a process that was meant to find solutions, not punish colleges.
In this case, the Justice Department’s political appointees demanded that investigators wrap things up in far less time — initially, a single month.
Career supervisors say they told their new bosses that they couldn’t, in one month, produce a case that could stand up in court. Still, “North” and “South” teams of lawyers were dispatched for multiday trips to California to dig up facts and interview officials at UC Berkeley, UC Davis, UC San Francisco and UCLA.
“We were told what the outcome will be: ‘You have one month to find evidence to justify a lawsuit and draft a complaint against the UC system,’” said Ejaz Baluch, a senior trial attorney in the civil rights division who worked on the investigation before leaving the Justice Department in May.
“The incredibly short timing of this investigation is just emblematic of the fact that the end goal was never to conduct a thorough, unbiased investigation,” Jen Swedish, who was the deputy chief of Justice’s employment litigation section until May, said in an interview. “The end goal was to file a damn complaint — or have something to threaten the university.”
Trump’s appointee as deputy assistant attorney general for civil rights was Michael Gates, formerly the city attorney in Huntington Beach, California, who assumed the DOJ post vowing to help “win this country back.” “You guys have found a hostile work environment, right?” lawyers on the UC team recall him asking, just three weeks into the investigation.
“He seemed upset we were spending so much time investigating,” Dena Robinson, a senior trial attorney, told us. “He didn’t know what the holdup was in getting back to them on which university could be sued.” In an email about six weeks in, Gates suggested there was easily enough in the public record to bring a complaint against at least one of the UC campuses — a notion that horrified the career lawyers. “Why did we even go out there if you’d already made up your mind?” another member of the UC team recalled thinking. Gates, who left the DOJ in November after just 11 months, declined an interview request and offered no comment on detailed questions from ProPublica and the Chronicle.
Lawyers on the team say it soon became apparent that there wasn’t nearly enough evidence to justify an employment discrimination case against UC Davis, UC Berkeley or UCSF, much less the entire UC system. Fearful for their jobs, they agreed on a strategy to “feed the beast,” as one attorney put it: to focus on UCLA, which had experienced the most troubling, and publicly explosive, episodes of antisemitism.
Like many colleges across the country, UCLA had seen a spike in antisemitism amid protests over Israel’s military response in Gaza following the brutal Hamas attack of Oct. 7, 2023.
The campus had experienced dozens of ugly incidents, including swastikas spray-painted on buildings and graffiti reading “Free Palestine, Fuck Jews.” Muslim and Arab students and faculty also complained of harassment and that any speech critical of Israel was being branded as antisemitic.
Starting in late April 2024, hundreds of pro-Palestinian protesters set up a barricaded encampment in the center of the campus. Reluctant to summon outside law enforcement, UCLA administrators allowed the encampment to remain for a week, disrupting classes and blocking access to certain buildings. Protesters berated and occasionally physically assaulted anyone who refused to disavow Zionism.
On the night of April 30, masked counterprotesters, armed with poles and pepper spray and shooting fireworks, stormed the encampment, triggering a three-hour melee before police were finally brought in. Dozens of people were injured. It took until 6 a.m. May 2 for Los Angeles police and sheriff’s deputies to empty the site.
Before Trump even took office, however, UCLA — and the federal government — had already taken action to combat antisemitism at the school.
Most significantly, in the waning days of the Biden administration, the UC system had reached a broad civil rights settlement with the Department of Education resolving investigations into student complaints that UC had tolerated both antisemitism and anti-Arab and anti-Muslim discrimination at UCLA and on four other campuses.
The settlement required UC to conduct more thorough investigations of alleged harassment and to submit reports on each campus’ handling of discrimination complaints. Government monitoring was to continue until UC “demonstrated compliance” with “all the terms of this agreement.”
The Trump administration disregarded all that. Even as the employee investigation was underway, it launched a new investigation of the same student complaints in early May.
On May 27 on Fox News, Terrell, the head of the antisemitism task force, once again spoke publicly as if the DOJ’s antisemitism inquiries had already been concluded. “Expect massive lawsuits against the UC system,” he declared. “Expect hate crime charges filed by the federal government. …We are going to go after them where it hurts them financially.”
At the time, the lawyers working on the UC employment investigation were still racing to complete their recommendation. They were focused solely on UCLA, having determined there wasn’t adequate evidence to pursue cases at other campuses. Many had distinctly mixed feelings even about bringing that case. “This was not something we would usually litigate,” one lawyer on the team said in an interview. “But everyone understood the front office was demanding this.”
By then, most of the remaining members of the UC team, amid a mass exodus from the civil rights division, were set to leave DOJ at the end of May after accepting the Trump administration’s deferred-resignation offer. “It was comforting to know we were not going to be the ones signing any complaint,” the lawyer said.
In the 47-page recommendation memo the UC team sent on May 29 to Dhillon, the assistant AG for civil rights, the lawyers spelled out their concerns. “We simply do not have strong evidence that the types of harassing acts that happened through spring 2024 are ongoing” — typically a legal requirement for bringing a complaint, the memo acknowledged. Some of the harassment complaints also involved protected First Amendment speech. And because, “as has been frequently noted,” the investigation had been “truncated” to three months, there hadn’t even been time to review some of the documents UC produced, the memo said.
To shore up potential weaknesses in the case, the memo suggested an unusual “hybrid complaint” strategy that would rest partly on new allegations about the ineffectiveness of the university’s complaint process (which was ongoing) and partly on three older faculty grievances.
One of the grievances cited was that of Astor, the professor of social welfare, who describes himself as both a Zionist and a “pro-peace researcher.” His academic work, much of which takes place in Israel, involves studying ways to help students from different religious and ethnic backgrounds peacefully coexist. But after he signed an open letter from Jewish faculty criticizing some pro-Palestinian protesters’ calls for violence, they accused him, in a widely circulated letter of their own, of supporting genocide. When he tried to enter the encampment to talk to students, he told us, a masked protester asked whether he was a Zionist. After he said he believed in Israel’s right to exist, he was blocked from entering or crossing through the central campus.
Astor was targeted again last November, he said, when he and an Arab-Israeli researcher he’d flown in from Hebrew University of Jerusalem tried to discuss their research on preventing school violence in class. “A bunch of students got up and showed pictures of dead babies and chanted and didn’t let us talk,” he recalled. Later heckled on his way to his car, he said he felt threatened and depressed. He lost more than 60 pounds and was granted permission to work from home, but his repeated discrimination complaints to administrators went nowhere.
Astor’s complaints, the employment-section attorneys believed, would support their proposal for a lawsuit against UCLA. Even so, they warned that their case might not hold up in court. In the memo, they recommended seeking a settlement before filing a complaint.
With that message delivered, most of the lawyers who had investigated the University of California departed the Justice Department.
On the morning of July 29, two days before Milliken’s interrupted golf game, the University of California resolved what it surely hoped was among the last of the headaches from the 2024 encampment debacle: It announced a $6.45 million settlement of an antisemitism lawsuit brought by three Jewish students and a faculty member who said protesters blocked them from accessing the library and other campus buildings, creating a “Jew exclusion zone,” and that the university did nothing to help them. UC agreed to an extensive list of new actions, and a chunk of the money went to eight organizations that combat antisemitism and support the UCLA Jewish community. The steps the university had taken, a joint statement declared, “demonstrate real progress in the fight against antisemitism.”
The Trump administration had a different view. That afternoon, it announced that it had sent UC a notice letter saying the Justice Department had found UCLA’s response to the encampment had been “deliberately indifferent to a hostile environment for Jewish and Israeli students,” in violation of Title VI of the Civil Rights Act. Bondi warned in a press release that UCLA would “pay a heavy price” for “this disgusting breach of civil rights.” The antisemitism finding had been reached less than three months after the investigation had begun.
The letter, which acknowledged that it relied significantly on “publicly available reports and information,” ignored all the previous actions meant to put the events of 2024 to rest.
“The violations they described all predate the December agreement,” said Catherine E. Lhamon, who oversaw the Office of Civil Rights at the Education Department under the Obama and Biden administrations. “They’ve made no showing for why the agreement was defective or why anything else was needed to ensure compliance going forward.”
The July 29 letter ended with an invitation to negotiate a settlement but warned that the department was prepared to file a lawsuit if there was no “reasonable certainty” of reaching an agreement.
Instead, the next day, the Trump administration began freezing UCLA’s research money from the National Institutes of Health, National Science Foundation and Defense Department. The agencies cited the campus’ handling of antisemitism as well as “illegal affirmative action” and allowing transgender women in women’s sports and bathrooms.
UCLA was one of at least nine universities to be hit with grant suspensions, but the first public institution.
David Shackelford, whose medical school lab develops personalized treatments for lung cancer, said his phone “blew up” when colleagues began receiving stop-spending orders. Three NIH grants, totaling $8 million over five years, had supported the lab’s work. “These are experiments and animal models that take years to develop,” Shackelford said. “It’s not like you can go to your computer and click save and walk away.” He scrounged together stopgap university funding and outside donations to keep the operation running “on fumes,” vowing “to go down swinging.”
Elle Rathbun is not sure she’s up for the fight. A 29-year-old sixth-year doctoral student in neuroscience, Rathbun was halfway through a three-year NIH grant to study how brains recover from strokes when she got the news: Her $160,000 award was on the long list of suspended UCLA grants.
She found substitute funding for some of her work but now has doubts about whether a career in academic science is worth the stress. Like hundreds of her colleagues, she’d gone through a monthslong competitive process to win the grant, only to have the Trump administration halt the taxpayer-funded research midstream, a move she called “incredibly disappointing and wildly wasteful.”
A group of UCLA researchers filed a lawsuit seeking to reverse the cuts and won two court orders largely restoring them. But even after those victories, the flow of new science grants had slowed to a trickle. In a July 30 email later introduced in court, the National Science Foundation’s acting chief science officer wrote that, in addition to freezing existing grants, he had been ordered to not make any further awards to UCLA.
In nearly 500 pages of personal statements to the court, some faculty members said they’re censoring their speech and changing their courses to avoid topics that might trigger even more cuts to the university. Amander Clark, a professor who heads a reproductive sciences center, no longer talks about the ways her research on infertility and the effects of hormones on human bodies could help gay and transgender people. “I am afraid that because UC is in the spotlight, 20 years of work could be dismantled at the stroke of a pen,” she wrote.
In selecting Milliken as their new system president, the UC regents had picked a veteran at managing large public university systems with vastly different political climates, ranging from the City University of New York, which he ran from 2014 to early 2018, to the University of Texas system, which he led from late 2018 until May 2025.
At UT, Milliken had championed some progressive steps, including expanding free tuition and safeguarding tenure, but he had also quickly shut down the system’s 21 offices related to diversity, equity and inclusion in response to a new Texas law. “He knows what is a winning hand and what is not,” said Richard Benson, who worked with Milliken as president of UT Dallas.
On Aug. 1, his first day on the job at UC’s system office in Oakland, Milliken issued a measured public statement that addressed the “deeply troubling” UCLA grant cuts and affirmed the critical importance of UC’s “life-saving and life-changing research.”
That same week, the Justice Department, days after Bondi’s declaration blasting UCLA for antisemitism against students, delivered a second notice letter, declaring that UCLA had illegally tolerated antisemitism against its employees and threatening to bring the “hybrid” lawsuit that the DOJ’s UC team had recommended in May.
Eager to turn up the pressure on UC, political appointees at the Justice Department had planned to issue another press release assailing UCLA for the employee-related antisemitism findings, according to former agency officials. But Kacie Candela, a well-regarded employment-section lawyer and the last survivor from the dozen who had worked on the administration’s UC investigations, warned that under federal law, it would be a criminal misdemeanor to publicly disclose details involving Equal Employment Opportunity Commission charges before filing a lawsuit. After a heated dispute, her argument prevailed and the UCLA letter went unannounced. She was terminated days later. (Candela, who is pursuing legal action to challenge her firing, declined to discuss the matter for this story. DOJ officials didn’t respond to questions from ProPublica and the Chronicle about the episode.)
After receiving the two DOJ antisemitism notice letters, Milliken quickly affirmed UC’s willingness to “engage in dialogue” with the administration. But that did nothing to forestall the next blow two days later: the Justice Department’s $1.2 billion settlement demand, which also asked for policy changes in areas where there’d been no findings of wrongdoing, including admissions practices, screening of foreign students and transgender students’ access to bathrooms. Within hours of UC’s receipt of the 27-page demand letter on Aug. 8 — which the DOJ had marked “confidential” — CNN, The New York Times and Politico had all posted stories saying they’d obtained a copy from undisclosed sources. (A DOJ spokesperson declined to comment on whether the administration had leaked the letter, which UC spent weeks battling in court to keep private.)
All this was without precedent, due process or clear legal justification, civil rights experts noted. Agreeing to the DOJ’s demands, the Aug. 8 letter said, would release UC from claims that it had violated laws banning discrimination against students, employees and women, and that its civil rights violations constituted fraud. “They were trying to overwhelm,” said Swedish, the former civil rights deputy section chief. “They were spraying the fire hose at the university.”
Strangely, Justice demanded another $172 million for employees who’d complained of antisemitism discrimination, even though only a handful had filed such grievances with the EEOC and such awards are capped at $300,000.
Former U.S. Attorney Zachary A. Cunha said a possible rationale for such unprecedented financial demands is that, under Trump, the DOJ is experimenting with using the False Claims Act in civil rights cases. This would permit triple damages and encourage complaints from whistleblowers, who would share in any financial recovery. “It’s hard to know where these large and somewhat arbitrary numbers are coming from,” Cunha said of the administration’s settlement demands. But “if there’s a pattern that’s emerged thus far, it’s that every tool in the toolbox is on the table.”
Kenneth L. Marcus, an antisemitism watchdog and a former assistant secretary of education for civil rights under Trump, acknowledged that the government has pursued “eye-catching” penalties “with a speed that suggested” normal civil rights enforcement and due-process procedures “have not been utilized.” But Marcus insisted the response was appropriate because of the “national crisis” of antisemitism. “When a situation is extraordinary and unprecedented,” he said, “the response needs to be as well.”
In media interviews, officials in the Trump administration acknowledge that its “whole-of-government” attacks on universities seek to bypass normal, slow-moving civil rights procedures by instead treating alleged discriminatory practices as contract disputes where the government is free to summarily cut off funding and demand headline-grabbing, seemingly arbitrary fines. “Having that dollar figure, it actually brings attention to the deals in ways people might not otherwise pay attention,” former White House deputy May Mailman, a key architect of the administration’s higher education strategy, told The New York Times.
This approach is “flagrantly unlawful” and “incredibly dangerous,” said Lhamon, the former assistant education secretary, who is now executive director of the Edley Center on Law and Democracy at the UC Berkeley law school. “There’s a long set of steps that are written into statute that must occur first before funds can be terminated.”
Lhamon said the Trump administration was operating “like a mob boss.”
“That is not the federal government doing civil rights work,” she said.
Milliken has found himself caught between the Trump administration’s demands and those of his new constituency in California, which vocally opposes any hint of capitulation.
Newsom, who serves on the UC Board of Regents, has threatened to sue the federal government, calling its demands “extortion” and vowing to “fight like hell” against any deal.
The advocates of direct legal combat include Erwin Chemerinsky, dean of UC Berkeley’s law school. “The university should have immediately gone to court to challenge this because what was done was so blatantly illegal and unconstitutional,” he told ProPublica and the Chronicle. “I wanted the University of California to be Harvard in fighting back and filing suit. I didn’t want them to be Columbia and Brown in capitulating.”
But Milliken, backed by the UC regents, resisted calls for confrontation, wary of provoking retaliation against the nine other system campuses also under investigation. The damage to date at UCLA is “minor in comparison to the threat that looms,” Milliken noted in a mid-September statement. “We are in uncharted waters.”
So UC has pursued settlement discussions with the government. According to a person familiar with the matter, it has retained William Levi, who served in Trump’s first administration as a special assistant to the president, counselor to the attorney general and chief of staff at the Justice Department, to lead the talks.
If UC’s leaders have preached restraint, its faculty has opted for open defiance. In addition to the suit that prompted the federal judge, Lin, to restore UCLA’s frozen research grants, a complaint filed in September by the American Association of University Professors and other faculty groups challenged the legality of the Trump administration’s entire assault on UC. At a hearing on Nov. 6, the government’s lawyer acknowledged that the administration’s “hodgepodge” of actions against the system hadn’t followed established civil rights procedures but said the administration had the right to direct funding based on the Trump administration’s “policy priorities.”
Lin didn’t buy it. A week later, in an unusually sweeping preliminary injunction, she barred all of the Trump administration’s actual and threatened moves to punish UC, including the $1.2 billion payment demand. The Trump administration’s “playbook,” she wrote, citing comments by Terrell and others, illegally used civil rights investigations and funding cuts as a way of “bringing universities to their knees and forcing them to change their ideological tune.”
Although Lin ordered the Trump administration to lift the ban on new research grants to UC, approvals were slow to resume. In public remarks before the Board of Regents on Nov. 19, Milliken said that more than 400 grants across the system remained suspended or terminated, representing “more than $230 million in research activity on hold.” He and others at UC have expressed concerns that the system’s pathway to new grants will be blocked.
In our interview, Milliken defended how UC has responded to the Trump administration, saying the university has held its ground on its governance, mission and academic freedom.
“We recognize the differing opinions on how UC should engage with the federal government,” he said. “Our efforts remain focused on solutions that keep UC strong for Californians and Americans.”
Mainichi and Asahi: 40% of Japan’s local govts received coordinated complaints from Far-Right Internet Trolls nationwide, stymieing local-govt policies to help their NJ Residents. Hence being the “Good Gaijin” will not help you assimilate in this political climate. [debito.org]
I post these two articles because they offer evidence that becoming a part of Japanese society isn't just a matter of being "Good Gaijin", e.g., contributing and behaving until "your outward appearance causes no particular problems". These are good things to do, of course, but they are not a panacea, because the Netto Uyoku (Far-Right Internet Xenophobes and Trolls) in Japan are so well organized and will not accept NJ as Residents under any circumstances. There is in fact a long history of the Netto Uyoku (Far-Right Internet Xenophobes and Trolls) getting outsized influence through harassment and pressure campaigns like these, and I've seen pro-assimilationist and helpful local government policies shot down one after another due to a storm of "complaints" like these (many of which aren't even from local residents; see the Asahi article below the Mainichi in Japanese). This is how the structural barriers to NJ Residents remain, and will not be removed until governments stand up to racists and trolls like these. Mainichi: A Mainichi Shimbun survey covering 67 local bodies -- 47 prefectural governments and 20 ordinance-designated cities -- found that 40%, or 26 of 65 bodies responding to the survey, had instances of complaints, protests and opinions streaming in regarding foreigner policies over the past year. [...] Several local governments indicated that complaints were driven by unverified or false information on social media. Of the 26 governments, 19 reported feeling burdened by handling complaints, with Miyagi Prefecture noting instances requiring 1 1/2 to 2 hours to respond and Shizuoka Prefecture revealing that staff were subjected to verbal abuse, causing them to feel scared of answering calls. While most governments said there was no impact on their policies from a rush of baseless complaints, Shizuoka Prefecture noted increased caution in sending out information on multicultural coexistence policies to avoid complaints. Nara Prefecture, while admitting there were cases where complaints, protests and opinions flooded in, refrained from responding to the survey due to concerns about similar incidents arising from media coverage. Asahi: Miyagi Governor Yoshihiro Murai abruptly scrapped a plan to build burial sites for Muslims on Sept. 18, citing unanimous oppositiion from local mayors--just weeks ahead of the gubernatorial election. [...] The proposal, which had been under consideration since late last year, sought to accommodate religious burial practices for foreign workers—but faced strong public opposition and political resistance. Murai revealed that between Sept. 13 and 17, he had called every mayor in the prefecture to confirm their position. “All of them said they could not accept the plan, even if the prefecture formally proposed it,” he said. [...] When media reported in late December that Murai was considering building burial sites, the prefectural office was flooded with calls and emails expressing concern and opposition. [...] The prefecture has received more than 2,000 emails and phone calls to date. Approximately half of these reportedly came from outside the prefecture. Despite the backlash, Murai initially stood firm. He said the plan was based on requests from Muslim residents and argued, “If we talk about multicultural coexistence, but ignore (burial) needs, that’s a failure of governance. Even if criticized, we must move forward.” In March, Murai condemned discriminatory social media posts targeting Muslims and reiterated his commitment to the burial site plan. [...] The sudden reversal has sparked speculation that Murai’s decision was politically motivated. He is currently serving his fifth term and plans to run for a sixth. [...] While the burial site plan was never part of his official campaign platform, some candidates voiced opposition, saying it could lead to increased immigration and should not be led by the prefecture. [...] [T]he Muslim populations in the prefecture--once made up primarily of international students--now includes workers in the automotive and construction industries, reflecting both steady growth and increasing diversity.
County Judge Convicted Of Obstruction For Helping Migrants Avoid An ICE Ambush [Techdirt]
You generally don’t see criminal charges filed against judges at any level of the court system. If it does happen, it’s used to address egregious and constant criminal activity by sitting judges. The most common path towards discipline relies on the court system itself, which allows courts to punish judges for misbehavior and, in rare cases, have them removed via internal processes.
But this is no ordinary US. This is Trump’s United States, where anyone who displeases the man who wishes he could be king is subjected to vindictive prosecutions. What happened to New York Attorney General Letitia James and former FBI director James Comey (prosecutions currently paused due to Trump administration fuckery/fuck ups) can happen to anyone.
So here’s what happened to Milwaukee County judge Hannah Dugan. After being made aware of the fact that DEA and ICE agents were hanging around outside of her courtroom in hopes of arresting migrants who were doing nothing more than reporting for their court-ordered check-ins, Dugan decided to let the migrant whose criminal case she was currently handling slip out a side door, rather than go out the main door and directly into the hands of loitering federal officers.
According to the criminal complaint filed by Kash Patel’s FBI — something he celebrated on X briefly before deleting his post — this meant agents had to move quickly across nearly an additional 50-100 feet to arrest this person. A sworn affidavit by FBI special agent made it clear this was way too much stuff for officers to be doing, especially one with [checks affidavit again] seven years experience as a CPA[??][!!].
The federal government said this added up to obstruction. And it chose to criminally charge Judge Hannah Dugan rather than allow the Wisconsin court system to handle this on its own. There’s precedent for this, of course. The last time a judge faced criminal charges for acts that would normally be handled by the court system’s internal disciplinary procedures was in 2019 during Trump’s first term as president.
No doubt people like Kash Patel and Pam Bondi will be celebrating this latest abuse of the justice system. The FBI and DOJ have managed to turn a minor, momentary inconvenience into a federal felony conviction.
Hannah C. Dugan, a Wisconsin state judge, was found guilty on Thursday of obstructing federal agents, a high-profile victory for the Justice Department in a prosecution of a judge who it said was illegally aiding an undocumented immigrant.
Judge Dugan faces up to five years in prison and, as a person who has been convicted of a felony, she is likely ineligible to continue to hold office as a judge in Wisconsin, according to the State Constitution.
This wasn’t the end result of a lengthy investigation or the culmination of numerous complaints against Judge Dugan. This is nothing more than some federal agents bitching that they were momentarily inconvenienced and getting all the vindictiveness they wanted from Trump’s DOJ and Kash Patel’s FBI.
This isn’t over. This conviction can be appealed. And it appears the court handling this thinks there’s a case to be made. Normally, jury guilty verdicts are accompanied by sentencing dates. That didn’t happen here, which seems to indicate the judge handling the case isn’t necessarily convinced Judge Dugan’s actions rise to the level of a federal felony. But no matter how this ends up playing out, everyone should be on notice that Trump thinks “justice” and “revenge” are the same word.
A Cover-Up In Plain Sight [The Status Kuo]
Image courtesy of The Guardian
Trump is attempting a cover-up in plain sight. And it’s already backfiring.
On Friday, the Department of Justice released documents in response to The Epstein Files Transparency Act (EFTA). Immediately, critics of the regime pointed out the many obvious deficiencies, noncompliances and outright evasions that violate both the letter and the spirit of EFTA.
The failures were so legion, and the attempts to mislead and misdirect so apparent, that EFTA’s authors, Reps. Ro Khanna of California and Thomas Massie of Kentucky, publicly threatened to bring contempt proceedings against Attorney General Pam Bondi.
This is sadly another example of the regime flooding the zone with shit, so let’s grab hands and climb out of it to examine what’s going on from higher ground. For this project, it’s extremely useful to begin with what EFTA actually requires so we can see how dramatically the Justice Department’s production of documents fell short.
Ignoring requirements of the Act
EFTA is blissfully short and to the point, as laws go. You can read it in less than a few minutes—and under one if you’re good at skipping past boilerplate legalese! You can find it here, but let me set out the parts that are relevant for our discussion and the DOJ’s patently incomplete and noncompliant production.
The law required production of all Epstein-related files within 30 days of its enactment:
Not later than 30 days after the date of enactment of this Act, the Attorney General shall, subject to subsection (b), make publicly available in a searchable and downloadable format all unclassified records, documents, communications, and investigative materials in the possession of the Department of Justice, including the Federal Bureau of Investigation and United States Attorneys’ Offices…
Then it lists a bunch of things covered under the Act, which I’ll summarize in bullet form. It’s all documents relating to
Jeffrey Epstein
Ghislaine Maxwell
Flight logs or travel records
Individuals named or referred to in Epstein’s criminal activities, settlements, immunity or plea agreements, or investigations
Entities with known or alleged ties to Epstein’s trafficking or financial networks
Any Epstein or Epstein associates immunity deals, non-prosecution agreements, plea bargains, or sealed settlements.
Internal DOJ communications concerning decisions to charge, not charge, investigate, or decline to investigate Epstein or his associates.
All documents about spoilage or tampering of evidence related to Epstein or his associates
The government was required to produce all the files by Friday, but as PBS reported, that didn’t happen. Deputy Attorney General Todd Blanche gave a lame excuse:
Blanche pledged that the Trump administration eventually would meet its obligation required by law. But he stressed that the department was obligated to act with caution as it goes about making public thousands of documents that can include sensitive information.
This is like turning half a paper to your professor, saying the rest will be quite late, and still expecting a passing grade.
Reporters like Julie Brown, whose work has been instrumental in pushing this topic to the forefront of public attention, were quick to call out the glaring missing information:
They didn’t even release the victim interviews; just pictures of the tapes of the interviews. Think about that. A photograph of a tape cassette.
This would be funny if it wasn’t about a crime involving the rapes of 14-year-old girls.
It’s clear that the Department of Justice is not only thumbing its nose at the public’s demand for transparency and accountability, it is not taking the crimes committed against children seriously. It’s as if they think we are so hungry for any crumbs about Epstein that stale bread will do.
Rep. Khanna blasted the release as well for its obvious omissions. “We have not seen the draft indictment,” Khanna declared, “that implicates other rich and powerful men who were on Epstein’s rape island, who either watched the abuse of young girls or participated in the abuse of young girls.”
Then there were the redactions. Per EFTA, redactions were supposed to be limited to victims and depictions of abuse, but that didn’t happen either. Here’s what the Act says about redactions under Section B:
PROHIBITED GROUNDS FOR WITHHOLDING.
(1) No record shall be withheld, delayed, or redacted on the basis of embarrassment, reputational harm, or political sensitivity, including to any government official, public figure, or foreign dignitary.
Yet that is precisely what happened. Repeatedly. I’ll walk you through two of the obvious attempts relating to Trump later in this discussion.
The only permitted redactions are enumerated in EFTA. There are five, and they relate only to
personally identifiable information of victims;
depictions of child sexual abuse;
anything that would jeopardize an active federal investigation;
depictions of death, physical abuse, or injury; or
classified national defense or foreign policy matters.
That’s it. And yet, as even Fox reported, in addition to redacting victims’ names and images, “Fox News Digital has learned that the same redaction standards were applied to politically exposed individuals and government officials.”
These names were precisely what EFTA was enacted to get at, but the DOJ blacked out the identifying information anyway.
There’s more. When a redaction occurs, EFTA is clear about the hoops that the government must jump through:
All redactions must be accompanied by a written justification published in the Federal Register and submitted to Congress.
If you’re a litigator, as I was for over a decade, you’ll recognize that this is similar to what you’d need to present in a “privilege log” when you elect to withhold from production any attorney-client privileged communications or attorney work product. A judge can then review that log—including viewing the original withheld or redacted document—in chambers to determine whether the assertion of privilege was justified.
The same would likely happen here, had the DOJ even asserted a basis for any of its redactions. Right now, it is simply blacking things out, sometimes entire 100+ page documents. It’s an apparent desperate bid to buy time before Congress or a federal judge barrels down on them for noncompliance, as they should given how egregious this is.
The Act’s authors are now threatening contempt proceedings against Pam Bondi for her willful failure to comply. They are asserting that the House can use its “inherent contempt” powers to bring the proceedings—something that hasn’t really been used for nearly 100 years, so we’ll have to see how that goes.
If the Democrats retake the House next year, they can also bring a successful impeachment against Bondi for obstruction of justice. Such a move might even garner enough votes in the current Congress given the political volatility around the Epstein files.
Playing hide and seek with Donald
When asked directly whether the DOJ was redacting Trump’s names from the files—something EFTA expressly forbids—Blanche lied and then tried to get cute.
Asked on Meet the Press by Kristen Welker whether any information about Trump had been redacted from the released files, Blanche first said “No,” then added “unless it’s supposed to be redacted.”
As the above discussion shows, there’s no basis whatsoever to claim that it is “supposed to be redacted.” Blanche nevertheless claimed that the redactions around Trump can include “any sort of privileged information.” But there is no colorable privilege Trump can assert here—not attorney client, not executive, not even medical. This is a nonsensical argument.
So, how do we know that officials reviewing the documents within the DOJ were instructed to redact Trump’s name? Thankfully, those in charge are incompetent and left a clear paper trail.
Here’s one clear example of that. In 2024, the DOJ released certain Epstein files, including a letter from attorneys for Alan Dershowitz to a federal judge in which they sought to discredit a witness in a case. The release made news back then because Trump’s unredacted name was in that document in a highly damaging light. (Warning: Reader discretion advised.)
There are concerns that this is hearsay, that the woman who made the claim has since recanted it, and that it is therefore untrustworthy. But there is also a pattern of women in Trump’s orbit recanting stories, sometimes under duress, so we need to consider that possibility as well.
Fast forward to now. When the DOJ released the same file on Friday as part of its obligations under EFTA, it redacted Trump’s name from the document. It looked like this:
This is a clear attempt to hide Trump today when he was already spotted the year before in the files.
A picture is worth a thousand ALL CAPS words
The moment that caught the most attention from Friday’s half-baked production involves a telling photo. The DOJ published, then withdrew, a picture of a desk drawer apparently containing a photobook in which Trump is seen next to bikini clad figures who could be underage victims.
That’s pretty damning stuff, and Blanche didn’t help at all with his explanation:
WELKER: Why were these files taken down? You’re saying it was at the direction of a judge?
BLANCHE: You can see in that photo, there’s photographs of women. So we learned after releasing that photograph that there were concerns about those women and the fact that we have put that photo up. So we pulled that photo down. It has nothing to do with President Trump.
Blanche should now disclose who raised the concerns, because that doesn’t sound like it came from the victims.
Welker immediately recognized that Blanche had left himself open, so to her credit, she pressed:
WELKER: Are you saying that one or more of the women in one of the photos or several of the photos is a victim or a survivor of Jeffrey Epstein? And that’s why you took those files down, and will they be put back up?
BLANCHE: No, that’s not what I’m saying.
Blanche went on to imply that a victim’s rights group had complained about the photo—which of course also implies that Trump was standing in the image with one or more of Epstein’s victims. Whoops.
After a few hours, the DOJ restored the photo, likely because keeping it out of the public eye was a tacit admission that it depicted victims, which is very bad for Trump.
Now I have a follow-up question. Back in October, you may recall that Pam Bondi refused to answer direct questions from Sen. Sheldon Whitehouse about whether the FBI had any incriminating photos of Donald Trump with half-naked young women. Instead, she deflected and attacked Sen. Whitehouse.
Author Michael Wolff once stated that Epstein showed him photos of Trump together with half-naked young women. Per reporting by The Daily Beast in October of 2024,
The pedophile financier had about half a dozen pictures which showed Trump by the pool with multiple young women, Wolff claimed on his podcast, Fire & Fury, Thursday. They were taken in the “late ’90s” at Epstein’s Palm Beach home, where he victimized dozens of underage girls along with his procurer, Ghislaine Maxwell, Wolff said.
Wolff alleged that they were in Epstein’s safe, which the FBI seized when they raided his homes in New York and Palm Beach in July 2019. The massive haul of evidence taken by the feds has never been made public—and while prosecutors disclosed after the raid that they had “hundreds of photos of girls and young women,” they have never offered any more details of them.
We now have evidence that there is indeed a photobook, and that the first picture appears to show Trump by the pool with “multiple young women.” That entire album now needs to be produced so the public can determine for itself whether Wolff’s account is true.
So far, that account appears to be bearing out. And that could help explain why the White House is so willing to risk the stain of such an obvious, clumsy cover-up.
Marsha Blackburn Bundles Every Bad Tech Bill Into One, Slaps Trump’s Name On It [Techdirt]
Fourteen years ago, right after the FCC issued its order on net neutrality, Marsha Blackburn flipped out and released a video talking (misleadingly!) about how wonderful Facebook and Twitter were and how they would be destroyed if the big evil government interfered in any way with the internet. As she says “there has never been a time when a consumer needed a federal bureaucrat to intervene…”
That Marsha Blackburn is long gone. Last week, she announced a massive, sweeping bit of federal intervention in the internet, officially labeled as the “TRUMP AMERICA AI Act”—except the actual bill title is:
The Republic Unifying Meritocratic Performance Advancing Machine Intelligence by Eliminating Regulatory Interstate Chaos Across American Industry Act (TRUMP AMERICA AI) Act
The acronym doesn’t work. You’ve got “The” included and “by” ignored, an “I” from “Intelligence” skipped, and “Act” appearing twice. It’s actually TRUMP AMIBERICA AIA Act if you follow the words. Clearly some staffer was told “make this spell TRUMP AMERICA AI Act” and fed it into Grok, got this “republic unifying meritocratic” nonsense, and no one checked because slapping Trump’s name on things is the whole point.
Which matters, because given that Blackburn named it after Trump, if it somehow catches Trump’s fancy, this thing might actually move. And the bill itself is a disaster—an omnibus massively destructive internet policy overhaul masquerading as AI legislation.
First off, the part that the bill’s name references is an attempt to have Congress pass the law that Trump asked Congress for in his recent AI executive order that pretended to ban states from passing AI laws. As we noted at the time, you need Congress to do that. An executive order doesn’t cut it. And even Republican governors like Florida’s Ron DeSantis and Utah’s Spencer Cox have both said “fuck no” when asked about this.
But, loyal Trumpist Blackburn is trying to have Congress block states from regulating AI. From her section-by-section explanation of the bill:
Preempt state laws and regulations related to the regulation of frontier AI developers related to the management of catastrophic risk.
But it would also do a lot of other stuff, including introducing a problematic “duty of care” on AI developers to “prevent and mitigate foreseeable harm to users.” This is one of those things that I’m sure sounds good to folks, but as we’ve explained over and over again this kind of “duty of care” is basically an anti-230 that would do real damage. It’s basically just an invitation for lawyers to sue any time anything bad happens and someone involved in the bad thing that happened somehow used an AI tool at some point.
And then you have to go through a big expensive legal process to explain “no, this thing was not because of AI” or whatever. It’s just a massive invitation to sue everyone, meaning that in the end you have just a few giant companies providing AI because they’ll be the only ones who can afford the lawsuits.
But there’s a whole lot more in the bill that has nothing to do with AI at all. It effectively repeals Section 230 by “reforming it” in a manner that flips the way 230 works. Rather than the “Good Samaritan” section that’s in there now, it will have a “Bad Samaritan” section, that would make providers potentially liable for “facilitating or soliciting third-party content that violates federal criminal law.” And, of course, some people will say that that’s fine, because you don’t want platforms doing that.
Two quick problems: one, Section 230 already exempts federal criminal law. It’s right there in section (e)(1). So to the extent this is supposedly about dealing with criminal behavior by platforms, you don’t need this change.
But the real problem is what this “Bad Samaritan” carve-out does to Section 230’s core function. Right now, 230 lets platforms get frivolous lawsuits dismissed quickly at the motion to dismiss stage. This change would force every platform to go through lengthy, expensive litigation to prove they weren’t “facilitating” (an incredibly vague term) or “soliciting” third-party content that violates federal criminal law.
That’s gutting the main reason Section 230 exists. Instead of quick dismissals, you get discovery, depositions, and trials, all while someone argues that because your algorithm showed someone a post, you were “facilitating” whatever criminal content they claim to find.
Next up; the bill effectively shoves KOSA into the bill. Blackburn’s been pushing KOSA forever. Remember, she wants KOSA to stop “the transgender in our culture.” KOSA keeps stalling out in Congress because it’s a really bad bill that would encourage tremendous online censorship, and sooner or later enough elected officials on both sides of the aisle realize “shit, this would be bad if the other side were in power.”
It also throws in the “NO FAKES Act” for funsies. If you don’t recall, the “NO FAKES” Act would mandate filters and scanning across the internet, destroy anonymous speech, and block a wide variety of useful innovations. For all the complaining MAGA has done about EU internet regulations, NO FAKES goes way beyond anything that the EU requires in terms of blatant censorship.
You know, the kind that Marsha Blackburn warned about, claiming Obama was coming for your internet and was going to suppress speech?
And that’s not all. The bill also has some nonsense requiring AI to undergo “audits” to make sure they’re not biased against conservatives. I only wish I were kidding.
Oh, and it completely upends copyright law in multiple concerning ways, effectively wiping out fair use, creating a new form of copyright infringement specifically for AI-generated works, giving the FTC a role in enforcing copyright law, and revamping how collective licensing works. This is, of course, a gift to the recording industry which has a large presence in her state of Tennessee.
Basically, this is an omnibus bill that would change nearly every US government policy regarding how the internet works, tackling AI, Section 230, copyright, and a bunch of other nonsense all in one bill. And Blackburn has cynically named it after Donald Trump hoping he’ll get on board and hound the MAGA folks in Congress to pass it.
So to recap: the Marsha Blackburn who said 14 years ago that “there has never been a time when a consumer needed a federal bureaucrat to intervene” has introduced a bill that would have federal bureaucrats intervene in basically every aspect of how the internet works: content moderation decisions, mandate bias audits, preempt state laws, require speech scanning across the internet, and fundamentally reshape how platforms, AI developers, and copyright holders operate online.
All (literally) in the name of Donald Trump. Because apparently when you need federal bureaucrats to intervene, what really matters is whose name is on the bill.
Bari Weiss Shows Her True Colors, Kills A 60 Minutes Story Critical Of The President’s Concentration Camps [Techdirt]
We’ve noted repeatedly how right wing billionaire Larry Ellison hired Bari Weiss to run CBS for a very obvious set of reasons: to coddle wealth and power, validate and amplify right wing grievance bullshit, divide and distract the electorate, and undermine real journalism.
And she’s doing all of those things incredibly well.
Weiss’ first major move was to host a town hall with a right wing opportunist nobody was actually interested in. Her second major move? To effectively kill a major 60 Minutes story about the president’s concentration camps. More specifically, to derail a 60 Minutes story focusing on the stories of Venezuelan men deported by the Trump administration to a brutal prison in El Salvador (CECOT).
CBS announced they were “postponing” the story, which had already seen multiple layers of fact checking and legal review, just three hours before it was poised to broadcast. Veteran 60 Minutes correspondent Sharyn Alfonsi was understandably pissed off, and shared a must-read complaint with her colleagues about Weiss’ ham-fisted effort to undermine the network’s journalism:
It’s quite a letter, which leaked almost immediately:
News Team,
Thank you for the notes and texts. I apologize for not reaching out earlier.
I learned on Saturday that Bari Weiss spiked our story, INSIDE CECOT, which was supposed to air tonight. We (Ori and I) asked for a call to discuss her decision. She did not afford us that courtesy/opportunity.
Our story was screened five times and cleared by both CBS attorneys and Standards and Practices. It is factually correct. In my view, pulling it now-after every rigorous internal check has been met is not an editorial decision, it is a political one.
We requested responses to questions and/or interviews with DHS, the White House, and the State Department. Government silence is a statement, not a VETO. Their refusal to be interviewed is a tactical maneuver designed to kill the story.
If the administration’s refusal to participate becomes a valid reason to spike a story, we have effectively handed them a “kill switch” for any reporting they find inconvenient.
If the standard for airing a story becomes “the government must agree to be interviewed,” then the government effectively gains control over the 60 Minutes broadcast.We go from an investigative powerhouse to a stenographer for the state.
These men risked their lives to speak with us.
We have a moral and professional obligation to the sources who entrusted us with their stories. Abandoning them now is a betrayal of the most basic tenet of journalism: giving voice to the voiceless.
CBS spiked the Jeffrey Wigand interview due to legal concerns, nearly destroying the credibility of this broadcast. It took years to recover from that “low point.” By pulling this story to shield an administration, we are repeating that history, but for political optics rather than legal ones.
We have been promoting this story on social media for days. Our viewers are expecting it.
When it fails to air without a credible explanation, the public will correctly identify this as corporate censorship. We are trading 50 years of “Gold Standard” reputation for a single week of political quiet.
I care too much about this broadcast to watch it be dismantled without a fight.
Sharyn
Before killing the segment, Weiss had recommended numerous changes, including adding a new interview with Trump’s unhinged racism-czar Stephen Miller, and replacing the term “migrants” more frequently with words like “illegals.” You know, to be fair and balanced:
“Ms. Weiss first saw the segment on Thursday and raised numerous concerns to “60 Minutes” producers about Ms. Alfonsi’s segment on Friday and Saturday, and she asked for a significant amount of new material to be added, according to three people familiar with the internal discussions.
One of Ms. Weiss’s suggestions was to include a fresh interview with Stephen Miller, a White House deputy chief of staff and the architect of Mr. Trump’s immigration crackdown, or a similarly high-ranking Trump administration official, two of the people said. Ms. Weiss provided contact information for Mr. Miller to the “60 Minutes” staff.
Ms. Weiss also questioned the use of the term “migrants” to describe the Venezuelan men who were deported, noting that they were in the United States illegally, two of the people said.”
Alfonsi notes that the 60 Minutes team had already asked for comment from the White House, the State Department, and the Department of Homeland Security. She also noted that Weiss had basically implemented a “kill switch” for any journalism the Trump White House finds inconvenient.
One presumes they found this particular story extra problematic not just because it exposes the Trump administration’s brutal and unconstitutional industrialized racism machine, but because it humanized Venezuelans at a time when the administration is trying to inflame racial tensions to justify its illegal, militaristic pursuit of Venezuelan precious metal and oil resources.
CBS, of course, wasn’t exactly a bastion of independent, hard-nosed journalism before Weiss and Ellison came to town. The network’s very first response to authoritarianism was to hire more right wing voices. Like many media outlets, it had already been compromised by generational bullying by the U.S. right wing, designed to discredit all factual opposition of right wing ideology for having a “liberal bias.”
Weiss was just hired to finish the job.
The latest paper-edition of the Onion satirical newspaper put it pretty well:

This should not have surprised anybody who has been paying attention. As noted previously, Weiss doesn’t have any actual experience in journalism (certainly not enough to warrant the promotion). She’s an opportunistic, contrarian-for-contrarianism’s-sake troll who built a blog dedicated to culture war grievance and lazy engagement bait.
Billionaires hired Bari Weiss to inflame cultural divides, disorient the public, and undermine journalism. They fire real journalists and replace them with Weiss (and others like her) to divide and distract the electorate from the actual causes of most U.S. dysfunction: usually unchecked corporate power, extreme wealth disparity, corruption, and our increasingly sociopathic, technofascist billionaire class.
Weiss part of an army of fake journalists employed by U.S. billionaires for this purpose (aided in some instances by hostile foreign intelligence), and despite the agenda never being subtle, the consolidated corporate media (the remnants of which Ellison is steadily trying to buy up and dominate) is utterly incapable of being honest with itself about any of it. Quite by design.
I see a lot of commentary pointing out that “Bari Weiss isn’t very good at journalism,” which distracts from the point that she wasn’t hired for journalism. She was hired to blow smoke up the ass of establishment right wing power, whether that’s Trump’s concentration camps or Netanyahu’s industrialized murder of toddlers.
If Weiss gets fired sometime next year it won’t be because she’s a terrible journalist that undermined the outlet’s already sagging credibility, it will be because she’s a clumsy propagandist and a ratings bore.
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DOJ Temporarily Deletes Trump Photo From Epstein Files, Ensuring Everyone Knew About The Deletion [Techdirt]
Imagine having all the power but none of the brains. That’s the current administration, the one that behaves like a blind, enraged bull set loose in its own china shop. “We can always get more china,” says the administration, shortly before realizing it really can’t, thanks to tariff efforts that ensure China won’t be buying from the US any time soon, much less selling replacement china at the expected price point.
This is worse than the inmates running the asylum. This is more akin to a bunch of Nurse Ratchets running the asylum. The asylum becomes more cruel and less competent with each passing day. Cruelty isn’t generally associated with intelligence. And that truism remains unbothered during Trump’s second ascendance to the Oval Office.
Trump and his fans spent years stoking conspiracy theories about Democratic party members and the wholesale sexual abuse of children. These conspiracy theories led to actual violence that those participating in these conspiracy theories refuse to take responsibility for.
New York financier/pimp Jeffrey Epstein was apparently a friend to everyone rich or powerful. And he gave them what they couldn’t get elsewhere: sexual access to minors. Some of this remains alleged. But some of it was the supporting evidence for Epstein’s conviction. Epstein is dead and I can imagine lots of his friends and acquaintances breathed a sigh of relief when it was reported he had (allegedly) died by suicide in jail.
A resurgence of interest in Epstein’s files posed a unique problem for Donald Trump. On one hand, Trump had spent years stoking interest in these files, claiming they would expose a vast Democratic party cabal solely interested in sexually exploiting minors. But he also knew these files would reveal things about his own relationship with Epstein and, very likely, contain implications about Trump’s interest in much younger women.
After a period of proclaiming the Epstein files to be something no one was interested in (blatantly false, no matter which side of the MAGA you fall on), Trump and his DOJ decided to move forward with a staggered release of these documents. Congress actually managed to get in on the governance game (something lately completely subsumed by Trump’s desire to rule solely from the confines of the Oval Office via executive orders) and passed a bill that required a full release by December 19.
This didn’t happen. GOP leaders made sure it wouldn’t happen by declaring a Congressional holiday recess well in advance of the holidays to ensure GOP reps would be safely back in their home states before the release of additional Epstein files.
We got whatever the DOJ chose to release. And that release was a combination of stuff we’ve mostly already seen, some (heavily-redacted) stuff we hadn’t seen yet, and more than 200 pages of fully-redacted documents. We already knew we were in for a whole lot of opacity. What we possibly didn’t expect was the DOJ attempting to hide stuff after the fact.
At least 16 files disappeared from the Justice Department’s public webpage for documents related to Jeffrey Epstein — including a photograph showing President Donald Trump — less than a day after they were posted, with no explanation from the government and no notice to the public.
The missing files, which were available Friday and no longer accessible by Saturday, included images of paintings depicting nude women, and one showing a series of photographs along a credenza and in drawers. In that image, inside a drawer among other photos, was a photograph of Trump, alongside Epstein, Melania Trump and Epstein’s longtime associate Ghislaine Maxwell.
Trump’s DOJ is either too dumb to know or too stupid to care about the Streisand Effect. The quickest way to draw attention to something you don’t want people paying attention to is to perform a hasty deletion.
Anyone who was paying attention to this release had already saved the documents to a bunch of cloud services and static storage devices. Those who were paying attention past the initial release would know if the government decided to bury something after the fact.
Of course, the government did try to do that. The people with the most power and money seem to think they’re the smartest people walking the earth because they’ve fully bought into the meritocracy illusion. And they’re always wrong. Being rich or powerful doesn’t make you smarter. It just makes it easier to shrug off your losses.
The DOJ tried to do that after people outside of the imaginary “meritocracy” pointed out this post facto deletion.
Deputy Attorney General Todd Blanche early Sunday said the image was removed from the website after learning there were concerns about women in the photo, “so we pulled that photo down.”
“It has nothing to do with President Trump,” said Blanche on NBC’s “Meet the Press.
That’s impossible to believe because everything this particular federal government does has everything to do with Donald Trump. It’s a system of supposed checks and balances manned entirely by people who demand that the moment Poochie isn’t on screen, everyone should be asking “Where’s Poochie?”
Here’s the most high profile image the DOJ deleted (albeit temporarily) just in case it tries to do it again. Take a look in the drawer to find a photo of the current president next to someone the DOJ now implies was “a victim.”

After everyone noticed this premature burial, the DOJ restored the files, pretending this was all about protecting victims of crimes committed by Epstein and his associates (Donald Trump among them), rather than a misguided attempt to rewrite history while this particular history was still being published.
The Department of Justice on Sunday restored online a photo from the Jeffrey Epstein files that contained images showing President Donald Trump after backlash over its removal.
[…]
“The Southern District of New York flagged an image of President Trump for potential further action to protect victims,” the DOJ said in a post on the social media site X.
“Out of an abundance of caution, the Department of Justice temporarily removed the image for further review. After the review, it was determined there is no evidence that any Epstein victims are depicted in the photograph, and it has been reposted without any alteration or redaction.”
I’d love to be able to take the DOJ at its word. But it has steadily destroyed that option ever since [gestures at the long history of the DOJ, but emphasizing its recent actions with much more demonstrative hand gestures] it has been the (alleged) Department of Justice. But it gets even less of a benefit of a doubt here because we are absolutely right to assume this DOJ considers Donald Trump to be the victim of any criminal acts he may have actually perpetrated while getting cozy with Mr. Epstein.
At some point, the Trump DOJ is going to insist that if Trump ever participated in the rape of underage women, he was forced to do by Antifa protesters backed by billions in George Soros funding. He will have been the victim of a “woke” cabal that recognized him for the sexual predator he is and then used his predilections against him.
This move by the DOJ to temporarily bury a photo of Trump makes it clear it will always do whatever it thinks might please Trump even when it’s immediately obvious it cares more about fluffing Trump than serving the nation.
Anna’s Archive Backed Up Spotify, Plans to Release 300TB Music Archive [TorrentFreak]
Anna’s Archive is generally known as a meta-search engine for shadow libraries, helping users find pirated books and other related resources.
However, its archival ambitions don’t stop at text. This weekend, the site announced that it had successfully backed up Spotify, which must come as a shock to the music industry.
“A while ago, we discovered a way to scrape Spotify at scale. We saw a role for us here to build a music archive primarily aimed at preservation,” Anna’s Archive volunteer “ez” writes.
The site acknowledges that there have been many successful music preservation initiatives, particularly among torrenting audiophiles at dedicated private trackers. However, a dedicated preservation archive for music is not generally available, at least not yet.
With its latest scraping effort, Anna’s Archive aims to fill this gap. While Spotify doesn’t have all the music in the world, the streaming service does have an impressive 256 million tracks from more than 15 million artists, spanning 58 million albums.

Anna’s Archive says it has archived roughly 86 million music files, almost 300 TB in total. Relatively popular songs are stored in their original 160kbit/s OGG Vorbis quality, while the rest use 75kbit/s to save hundreds of terabytes of storage. Altogether, these tracks represent 99.6% of all Spotify listens.
This music heist will be shared in a single torrent file. Unlike books, these tracks will not be available as individual downloads, although that could change if there’s enough interest.
At the time of writing, no music has been released. The first torrent focuses on metadata instead; releasing 199.9GB of compressed artist, album, and track metadata in one go. The next stage will include music files.

For now, the metadata release is being shared by more than 200 people, which means that there is plenty of interest. And we suspect that this will pick up further when the music archives are released.
That said, seeding 300TB will be a significant challenge, as most people don’t have 300TB of free storage space. Therefore, it makes sense that these music archives will be released in batches.

The metadata is a goldmine for archivists and audio researchers. In a blog post, Anna’s Archive shares a series of charts and graphs comparing key statistics, such as the top music genres by artist count or the distribution of tracks by duration.
The massive data repositories, including the music itself, will also be very appealing to tech companies developing AI models. However, after many U.S. tech giants were sued for actively sharing Anna’s Archive’s text data, they will be cautious to cross this line again.
Of course, foreign AI companies may have fewer reservations. In fact, Anna’s Archive already offers high-speed access to its data for groups training Large Language Models (LLMs) in exchange for donations.
Spotify, meanwhile, is aware of the reported breach and has launched an investigation to find out how it was possible.
“An investigation into unauthorized access identified that a third party scraped public metadata and used illicit tactics to circumvent DRM to access some of the platform’s audio files. We are actively investigating and mitigating the incident,” the company told Billboard.
Anna’s Archive volunteer ‘ez’, meanwhile, stresses that they are ‘merely’ trying to safeguard musical heritage with this scraping effort.
“With your help, humanity’s musical heritage will be forever protected from destruction by natural disasters, wars, budget cuts, and other catastrophes,” ‘ez’ notes.
—
Update: Shortly after publication, a Spotify spokesperson informed TorrentFreak that they disabled the scraping accounts, while also taking other countermeasures.
“Spotify has identified and disabled the nefarious user accounts that engaged in unlawful scraping. We’ve implemented new safeguards for these types of anti-copyright attacks and are actively monitoring for suspicious behavior. Since day one, we have stood with the artist community against piracy, and we are actively working with our industry partners to protect creators and defend their rights.”
From: TF, for the latest news on copyright battles, piracy and more.
DEBITO.ORG READERS’ ISSUES OF CONCERN, JANUARY 2026 [debito.org]
I write Debito.org SNA "Visible Minorities" columns once a month (SNA website here) and send Debito.org Newsletters to subscribers sporadically. After sending, I archive them here, and below, Debito.org Readers have been adding recent issues and articles that concern them regardless of the content of the post over the past several years. It’s been a good way to allow Readers to be heard and engaged. I still put out Debito.org Newsletters, but since I’m only posting on Debito.org approximately once a month, there’s only one article to repost (my SNA column), and I have it here as Debito.org post anyway. So it’d only be a repeat if I dedicated another post to the Newsletter. But I don’t want to deprive Readers of a forum, so let me continue this “Issues of Concern” section (still categorized under “Newsletters”) and let it be a free space for articles and comments germane to the mission of Debito.org. Thanks as always for reading and contributing to Debito.org.
CEO David Zaslav Poised To Get $567 million (!) Payout For Screwing Up Warner Brothers [Techdirt]
I’ve written a lot about the AOL–>AT&T–>Time Warner–>Discovery mergers simply because I think they perfectly encapsulate the pointless, destructive incompetence at the heart of modern media consolidation, and the cannibalistic nature of Wall Street’s obsession with illusory quarterly growth propped up by smoke, mirrors, and complex accounting.
Ever since the original AOL Time Warner merger back in 2001, an endless wave of pointless mergers promised no limit of innovative “synergies,” but instead resulted in more than 50,000 layoffs, shittier product, higher prices, the death of a ton of well-loved brands and IPs, decades of chaos, a decline in quality journalism, and a bottomless well of shit.
At the heart of this enshittification (at least the more recent mergers involving AT&T and Discovery) has sat Warner Brothers CEO David Zaslav. Like the AT&T execs before him, Zaslav has seen absolutely zero accountability for this chaos, and, in fact, has been repeatedly rewarded with a series of massive compensation packages that in absolutely no way reflect his competency.
With Netflix and Paramount (CBS) now scrapping over the remnants of Warner Brothers’ carcass, Zaslav stands to cash out with a golden parachute for the ages. All told, it’s expected that Zaslav is set to see $567 million in cash and other buyout options:
“Zaslav will receive $30 million in “golden parachute” compensation, along with $537 million in equity, for a total of $567 million in a transaction-associated pay, per the Wednesday filing. Zaslav has led Warners since it formally merged with Discovery in 2022 following a $43 billion spinoff from then-owner AT&T.”
Now you might be inclined to say something like, “well he’s being justly compensated by the extraction class for his successful efforts to cannibalize the brand and usher it through a series of consolidative deals that were in the best interests of shareholders.”
But that’s not really true.
The endless chaos created by “growth for growth sake” mergers may provide temporary stock boosts and tax breaks, but it simultaneously has generated no limit of ill will among consumers (something Zaslav sometimes pretends to recognize), massive stock fluctuations, a huge talent drain, lots of wasted money and time, significant animosity among creatives, and significant harm to core brands (like HBO and CNN).
It’s the extraction class abusing the rules of the game to pretend to be good at business. They’re not actually building anything useful, or remotely interested in the longevity of the company, its customers, the talent that powers it, or the people who work there. They’re playing with funny numbers to try and perpetually generate the illusion of impossible permanent growth at incredible scale, then cashing out when the check finally comes due for their complicated shell games.
This, of course, won’t end here. Whichever company (CBS or Netflix) buys Warner Brothers will initially promise an ocean of new “consolidative synergies” before inevitably cutting, burning, and slashing resources, staff, and product quality to try and pay off debt from more pointless M&A and goose earnings frustrated by frustrated customer churn and saturated streaming growth.
Thanks to mindless deregulation of the markets and our adoration of artifice, there’s no financial incentive to do anything differently or learn from experience, which results in these folks engaging in the same behavior over and over again. At least until a truly severe market crash occurs, at which point, guys like Zaslav will be nowhere to be found and well insulated from the real-world harm they helped cause.
Brazilian Criminal Court Convicts Yout.com Owner in Landmark Stream Ripping Case [TorrentFreak]
YouTube downloaders and other nifty tools are seen as a major piracy threat by the music industry.
To curb this trend, music companies have taken legal action against various stream-ripping services. This includes Yout.com, which is operated by the American developer Johnathan Nader.
Nader is not easily defeated, however. In 2020 he took the RIAA to court in an attempt to have the site declared legal.
The RIAA case is still under appeal, but meanwhile, Nader faced more immediate threats. In 2021, Yout’s owner learned that the Public Prosecutor’s Office of São Paulo, Brazil, had filed a criminal complaint against him.
In 2022, the prosecution offered Yout.com a way out in the form of a deal. In exchange for reaching an agreement on several predetermined terms, the public prosecutor was willing to suspend the criminal prosecution. This would come at a cost, however.
Under the proposed terms, Yout’s operator would have to pay the authorities 1.9 million Brazilian reals, roughly $400,000, which Nader rejected.
Without a deal, the defense tried to get the case dismissed outright. Yout’s attorneys argued, among other things, that the site functions like an Internet DVR; it doesn’t store any infringing material and has sufficient legal uses.

However, the court eventually concluded that the requirements for criminal prosecution had been met, and allowed the prosecution to go ahead.
In a detailed 21-page ruling issued last Friday, Judge Eva Lobo Chaib Dias Jorge of the 12th Criminal Court of São Paulo, found Yout’s Johnathan Nader guilty of large-scale copyright infringement. The court dismissed the defense’s arguments, concluding that the stream-ripper is a dedicated piracy tool.
The finding was based on technical evidence provided by the court-appointed expert, Ricardo Andrian Capozzi, who concluded that Yout wasn’t merely a “neutral” recording tool. Instead, Yout is specifically created to bypass the security measures implemented by sites like YouTube.
The Judge was not swayed by the defense’s argument that Yout.com can be used in plenty of “fair use” situations too.
“Ultimately, it is evident that the service operated by the defendant directly contravenes the constitutional protection of copyright, misappropriating the works of others and causing both financial and moral harm to the legitimate rights holders. For this reason, holding the defendant accountable is not only legitimate but necessary for the preservation of the legal order and the integrity of the cultural market itself,” the verdict reads (translated).
“Given the evidence contained in the records, it is understood that there is substantial proof of a violation of the Copyright Law (Law No. 9,610/1998), and the service offered by Yout.com constitutes an illegal practice, directly infringing upon copyrights.”
The court determined that, with millions of Brazilian visits to Yout.com, copyright infringement was committed millions of times. As the responsible party, Nader was technically sentenced to a prison term of three years and four months, but for now his immediate future won’t be inside a Brazilian cell.
Because Nader is a first-time offender, the judge substituted the prison term with two “alternative” restrictive penalties under Article 44 of the Penal Code. Instead of serving a prison sentence, Nader is required to pay a total of 200 monthly minimum wages to a Public Security Incentive Fund (FISP).

The verdict doesn’t mention what the applied daily minimum wage rate is. Online searches suggest that the 2025 monthly minimum in Brazil is R$1,518.00, which would put the total penalty at R$303,600 (~USD$55,000). We want to stress, however, the verdict doesn’t list any amount.
The prison sentence is not completely off the radar either, as a failure to pay the fine or comply with the court’s conditions could eventually bring it back into play.
One of the most significant aspects of the ruling is the judge’s rejection of Nader’s jurisdictional defense. Nader argued that, as a Connecticut-based operator of a U.S. company, he should not be subject to Brazilian criminal law.
The judge ruled that, since the site was visited millions of times by Brazilians, the stream-ripper has a real impact within national borders. As a result, the court concluded that Brazilian law applies regardless of where Yout.com’s servers or its developer are located.
“The fact that the defendant’s conduct was not considered punishable in its country of origin in no way undermines its illegality when the results are reflected in our National Territory,” the verdict reads.
The ruling comes as a significant setback for Yout.com’s operator, who is expected to appeal the verdict. Yout.com, meanwhile, remains blocked by Brazilian Internet providers.
—
A copy of the verdict, issued by Judge Eva Lobo Chaib Dias Jorge of the 12th Criminal Court of São Paulo, is available in Portuguese here.
From: TF, for the latest news on copyright battles, piracy and more.
Kanji of the Day: 性 [Kanji of the Day]
性
✍8
小5
sex, gender, nature
セイ ショウ
さが
女性 (じょせい) — woman
男性 (だんせい) — man
可能性 (かのうせい) — potentiality
性格 (せいかく) — character (of a person)
活性化 (かっせいか) — stimulation (e.g., of an economy)
個性 (こせい) — individuality
必要性 (ひつようせい) — necessity
可能性が高い (かのうせいがたかい) — very likely
性能 (せいのう) — ability
安全性 (あんぜんせい) — safety
Generated with kanjioftheday by Douglas Perkins.
Kanji of the Day: 辣 [Kanji of the Day]
辣
✍14
中学
pungent, spicy, harsh, cruel, severe
ラツ
から.い
辛辣 (しんらつ) — bitter (e.g., criticism)
悪辣 (あくらつ) — crafty
辣腕 (らつわん) — shrewdness
辣油 (ラーユ) — chili oil (chi:)
辣韮 (らっきょ) — Japanese leek (Allium chinense)
辣韭 (らっきょ) — Japanese leek (Allium chinense)
山辣韮 (やまらっきょう) — Japanese onion (Allium thunbergii)
Generated with kanjioftheday by Douglas Perkins.
Funniest/Most Insightful Comments Of The Week At Techdirt [Techdirt]
This week, our first place winner on the insightful side is MrWilson with a comment about Trump announcing all the things he’s going to spend his tariff tax revenue on:
Behold, the Party of Fiscal
ResponsibilityCorruptibility!
In second place, it’s Thad with a comment about what’s going on with AI:
Also, the problem isn’t that AI costs too much, it’s that people fucking don’t want it.
For editor’s choice on the insightful side, we start out with one more comment from Thad, this time about the media’s reporting on Trump’s unhinged rant about Rob Reiner:
I used to say the news media were stenographers.
Now I wish they were stenographers. At least stenographers would accurately report Trump’s words.
Our news media are reputation managers: they sanewash Trump’s incoherence and cruelty to make them sound rational and respectable.
Next, it’s Kinetic Gothic with another comment on said rant:
Trump is proving my first rule of TDS.
People who accuse someone of suffering from TDS will invariably be more unhinged than the person they’re accusing.
Over on the funny side, it’s another slow week for comments (actually pretty slow on both sides, which I chock up to the holiday season!) so once again we’ll forego the editor’s choice and just highlight the two comments that barely cracked the threshold for a funny badge. In first place, it’s zerosignal with a comment about the rhetoric around ICE ramping up activity in Minneapolis:
I went downtown to a Timberwolves game recently, and was murdered TWICE! Once on my way to dinner before the game, and once after the game walking to Ramp B.
In second place, it’s an anonymous comment about the role of an ad agency that makes gambling ads in Australia’s social media ban, in response to a comment about “playing with loaded dice”:
You can still load those dice over a VPN.
That’s all for this week, folks!
Timing your overnight success [Seth Godin's Blog on marketing, tribes and respect]
If it takes three to five years for a project to gain traction, it probably doesn’t pay to start a project that the world knows it needs right now.
The challenge is picking something the world will need then. And the hard part is patiently and persistently sticking with it despite the fact that it’s not on everyone’s agenda (yet).
The best time to plant a tree was twenty years ago. The next best time is tomorrow.
Beware the Manipulation [The Status Kuo]
I’ll have more to say on the Epstein files, and in greater depth, tomorrow. But if I could impart one idea today, it is this: They‘re cooking the files’ release.
Well, duh. We’ve always known that this is their M.O. Whenever there is something really bad, whether it’s the Mueller Report or the latest economic numbers, Trump’s lackeys will manipulate the facts, omit key information, and shape a narrative more favorable to him or distracts from it entirely.
Yesterday, the Justice Department released only part of the Epstein files it was lawfully required to release. And it illegally censored some of the most important parts of them, while withholding others without providing justifications for the redactions, as also required by law. That will wind up before a federal judge not long from now, I’d wager.
And in a cynical and transparent attempt to obstruct the truth, the DOJ removed 16 document links from its website even after initially releasing them. Again, it provided no explanation whatsoever for the withdrawal of certain documents.
But the MeidasTouch team was on it. It turns out, to no one’s surprise, some of these withdrawn documents contain images of Trump.
The DoJ is also attempting to put other officials and celebrities into the spotlight, hoping that we’ll talk about them instead of Trump. For example, it released an image of former President Bill Clinton with Michael Jackson and Diana Ross, supposedly from “the Epstein files.” But this was a publicly available picture from a fundraiser, similar to one found on Getty Images. And there is nothing nefarious about it because the children in the photo are Ross’s and Jackson’s own children.
Again, the folks at MeidasTouch were on it.
The attempt to manipulate and cover up the Epstein files will backfire. Specifically, I believe it will create a “Streisand Effect” that only draws more attention to what they are trying to hide.
There are already plans to file articles of impeachment against Attorney General Pam Bondi, along with threats to charge her with obstruction of justice, given the clear and unequivocal requirements of the new law, which she and others such as Todd Blanche and Kash Patel appear to have willfully violated. (Dan Bongino resigned from the FBI just days before the statutory deadline for releasing the files.)
There is a clear, logical conclusion to draw from Trump’s months-long efforts to prevent passage of the Epstein Files Transparency Act, coupled with the apparent White House cover-up now underway: Whatever is in those files is worse than the blowback they knew they would receive from their attempts to obstruct its disclosure.
We will get to that truth. In the meantime, we aren’t falling for the misdirections and manipulations. “Look over here!” isn’t going to work, any more than “It’s a Democratic hoax” did.
Trump and his cronies are out of tricks, and the nation is out of patience.
Video Game Giants Suddenly Have RuTracker in their Crosshairs Again [TorrentFreak]
There are only a few torrent sites still alive today that can boast more than 20 years online, yet only two – The Pirate Bay and RuTracker – have managed that feat under perpetual public scrutiny.
A little younger than its Swedish counterpart and on balance, a survivor of fewer wars, RuTracker has nevertheless lived through domain seizures (its torrents.ru domain was lost in 2010) and intense site-blocking measures both in Russia and multiple countries overseas.
Much like The Pirate Bay, RuTracker has also featured in countless critical rightsholder reports submitted to various authorities. Offering content across most categories means that the majority of large entertainment industry groups have had a problem with RuTracker at some point over the past two decades.
At the time of writing, UK music industry group BPI leads the pack on search engine takedowns; it has targeted almost 287,000 URLs on the site’s .org domain, the most recent just 10 days ago.
Despite having sent in excess of 26,000 URL takedown notices against RuTracker’s main domain alone, the Entertainment Software Association’s notices lag behind those sent by the music industry; since it has vastly fewer individual videogames to protect than the labels have music tracks, that’s to be expected.
Nevertheless, the RuTracker problem is significant and stubbornly persistent; no doubt the ESA’s members would like this issue to reach a favorable conclusion, sooner rather than later.

After placing greater emphasis on relatively young gaming-focused piracy platforms over the last couple of years (FitGirl-Repacks, Dodi-Repacks, nsw2u.com) the ESA’s October submission to the USTR contained just one paragraph about RuTracker.

By now the background is understood, and the numbers tend to speak for themselves, but a new development this week suggests that the ESA may be interested in breaking the status quo.
At the US District Court for the District of Columbia this week, counsel for ESA requested a subpoena pursuant to 17 U.S.C. § 512(h), commonly known as a DMCA subpoena. The target was Cloudflare and the complaint concerns the unlicensed distribution of ESA members’ copyrighted works via RuTracker.
The requested subpoena and the required DMCA notification to Cloudflare are both dated December 16 so it’s unclear whether Cloudflare had the opportunity to review the notice in advance. Since Cloudflare can’t remove individual links, a detailed link-by-link review may not routinely take place. In this case, however, any review would involve guesswork, apart from in one or two isolated cases.

The ESA notice contains a list of videogame titles and nothing else. The table below contains the titles and additional information added by us for reference, but where to find the infringing links is entirely absent.

There’s no hard requirement to specify the precise location of content in a DMCA notice, and a representative list of titles is fine too, but websites published in Russian and guesswork tend not to mix. It may be a sign that there’s no expectation of anything being taken down, which wouldn’t be at all misplaced.
In its notification to Cloudflare, the ESA strongly implies that the conduct of RuTracker’s operator may not be in keeping with Cloudflare’s terms of service. It stops short of demanding cessation of business but then follows up with a reminder.
The communication is meant to facilitate removal of the infringing material, not “suggest or imply that Cloudflare’s activities and services are within the scope of the DMCA safe harbor.”
More immediately, the ESA hopes that Cloudflare is able to provide the following:
Whether anything useful will emerge from the considerable volume of data held by Cloudflare remains to be seen but after 21 years of evading copyright holders, nothing can be ruled in – or ruled out.
ESA’s DMCA subpoena application and supporting documents are available here 1,2 (pdf)
From: TF, for the latest news on copyright battles, piracy and more.
Kanji of the Day: 染 [Kanji of the Day]
染
✍9
小6
dye, color, paint, stain, print
セン
そ.める そ.まる し.みる し.み
感染 (かんせん) — infection
感染者 (かんせんしゃ) — infected person
感染症 (かんせんしょう) — infectious disease
染め (そめ) — dyeing
汚染 (おせん) — pollution
染み (しみ) — stain
馴染 (なじみ) — familiarity
幼馴染 (おさなじみ) — childhood friend
お馴染み (おなじみ) — familiar
集団感染 (しゅうだんかんせん) — mass infection
Generated with kanjioftheday by Douglas Perkins.
Kanji of the Day: 撮 [Kanji of the Day]
撮
✍15
中学
snapshot, take pictures
サツ
と.る つま.む -ど.り
撮影 (さつえい) — photography (still or motion)
特撮 (とくさつ) — special effects
撮る (とる) — to take (a photograph)
写真を撮る (しゃしんをとる) — to take a picture
撮影者 (さつえいしゃ) — photographer
盗撮 (とうさつ) — sneak photography
撮影所 (さつえいじょ) — film studio
撮れる (とれる) — to be taken (of a photograph)
空撮 (くうさつ) — aerial photography
断層撮影 (だんそうさつえい) — tomography
Generated with kanjioftheday by Douglas Perkins.
“Use your best judgment” [Seth Godin's Blog on marketing, tribes and respect]
Extraordinary organizations have this as their employee handbook. Resilient ones. Human ones that can thrive in the face of automation and AI. Organizations that are built on customer service, hospitality and flexibility.
Of course, this means you’ll need to treat your team with respect and offer them training and dignity. It means you won’t be able to simply write down every single step in the manual, or work as fast as you can to replace people with uncaring software.
The partner of UYBJ is “why?”
If someone asks a team member why they’re doing something, it’s not useful to train them to repeat the policy. The puppetry of “I’m just doing my job” is the opposite of UYBJ. And that means, “because I said so,” while convenient, might not be the best management style.
When a customer asks, “why is it like this?” the professional can answer honestly and with conviction. That’s what it means to use your best judgment.
If you have a job where UYBJ doesn’t apply, it’s worth recognizing that every day you spend there is one where you’ve wasted a chance to learn something new and to take responsibility for what’s next.
Upskilling is the path forward.
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| XML | About Tagaini Jisho on Tagaini Jisho | 2025-12-23 06:00 PM |
| XML | Arch Linux: Releases | 2025-12-23 04:00 PM |
| XML | Carlson Calamities | 2025-12-23 04:00 PM |
| XML | Debian News | 2025-12-23 06:00 PM |
| XML | Debian Security | 2025-12-23 06:00 PM |
| XML | debito.org | 2025-12-23 06:00 PM |
| XML | dperkins | 2025-12-23 08:00 AM |
| XML | F-Droid - Free and Open Source Android App Repository | 2025-12-23 05:00 AM |
| XML | GIMP | 2025-12-23 04:00 PM |
| XML | Japan Bash | 2025-12-23 06:00 PM |
| XML | Japan English Teacher Feed | 2025-12-23 06:00 PM |
| XML | Kanji of the Day | 2025-12-23 04:00 PM |
| XML | Kanji of the Day | 2025-12-23 04:00 PM |
| XML | Let's Encrypt | 2025-12-23 04:00 PM |
| XML | Marc Jones | 2025-12-23 04:00 PM |
| XML | Marjorie's Blog | 2025-12-23 04:00 PM |
| XML | OpenStreetMap Japan - 自由な地図をみんなの手で/The Free Wiki World Map | 2025-12-23 04:00 PM |
| XML | OsmAnd Blog | 2025-12-23 04:00 PM |
| XML | Pluralistic: Daily links from Cory Doctorow | 2025-12-23 08:00 AM |
| XML | Popehat | 2025-12-23 04:00 PM |
| XML | Ramen Adventures | 2025-12-23 04:00 PM |
| XML | Release notes from server | 2025-12-23 04:00 PM |
| XML | Seth Godin's Blog on marketing, tribes and respect | 2025-12-23 08:00 AM |
| XML | SNA Japan | 2025-12-23 08:00 AM |
| XML | Tatoeba Project Blog | 2025-12-23 06:00 PM |
| XML | Techdirt | 2025-12-23 06:00 PM |
| XML | The Luddite | 2025-12-23 04:00 PM |
| XML | The Popehat Report | 2025-12-23 08:00 AM |
| XML | The Status Kuo | 2025-12-23 08:00 AM |
| XML | The Stranger | 2025-12-23 04:00 PM |
| XML | Tor Project blog | 2025-12-23 06:00 PM |
| XML | TorrentFreak | 2025-12-23 06:00 PM |
| XML | what if? | 2025-12-23 06:00 PM |
| XML | Wikimedia Commons picture of the day feed | 2025-12-18 08:00 PM |
| XML | Write, Publish, and Sell | 2025-12-23 04:00 PM |
| XML | xkcd.com | 2025-12-23 06:00 PM |