We’ve discussed at length how Trump’s “fix” for TikTok’s problems basically involved forcing the sale of the platform to his greedy billionaire buddies (with the help of pathetic Democrats). The deal fixed none of the real issues Trumpland pretended to be concerned about (national security, privacy, propaganda), and China still maintains a significant ownership stake.

It was one of the more embarrassing examples of U.S. cronyism and corruption in recent memory.

But wait, as they say, there’s more!

As the Wall Street Journal notes (paywalled), the “Trump administration” is set to receive a $10 billion fee from investors for facilitating the deal. The new owners, which include Trump’s friend Larry Ellison, private equity giant Silver Lake, and MGX (controlled by the UAE) are funneling the payments, which will total $10 billion, to the “Treasury Department”:

“They and other backers paid the Treasury Department about $2.5 billion when the deal closed in January and are set to make several additional payments until hitting the $10 billion total, the people said.”

We, of course, don’t actually know where that money is going and will actually be used for. You can confidently assume it will somehow eventually wind its way into Trump’s pocket somehow, since the entirety of U.S. democratic oversight has been wholly corrupted by these whiny zealots, who are busy stripping the country for parts and selling it for scrap off the back loading dock.

Rupert Murdoch’s Wall Street Journal goes to comical lengths to normalize this bribe, though they do at least try to express how “unprecedented” this sort of thing is by citing an unnamed, ambiguous historian:

“The $10 billion payment would be nearly unprecedented for a government helping arrange a transaction, historians have said. Vice President JD Vance previously said the new TikTok entity running the U.S. operations is valued at about $14 billion in the deal, which some tech analysts have said dramatically undervalues the company.”

The outlet goes on to note that the $10 billion fee absolutely towers over any remotely comparable historical precedent:

“Investment bankers advising on a typical deal receive fees of less than 1% of the transaction value, and the percentage generally gets smaller as the deal size increases. Bank of America is in line to make some $130 million for advising railroad operator Norfolk Southern on its $71.5 billion sale to Union Pacific, one of the largest fees on record for a single bank on a deal. 

Administration officials have said the fee is justified given Trump’s role in saving TikTok in the U.S. and navigating negotiations with China to get the deal done while addressing the security concerns of lawmakers. “

The Wall Street Journal can’t be bothered to note that the deal fixed absolutely none of the purported concerns raised about TikTok. China still has a major ownership stake, and the new owners seem every bit as hostile to democracy and free expression as the worst Chinese autocrat (they’re just not honest enough with themselves or you to admit it yet).

All of these owners are equally just as likely to engage in privacy and surveillance violations as the Chinese (which again, despite a lot of pretense, did not have full direct control over the app). In fact, you could even argue that the previous TikTok was likely to be better on all of these subjects because they were at least trying to adhere to ethical standards to remain operating in the country.

TikTok’s new American owners are very up front about their plans to demolish the entirety of regulatory autonomy, corporate oversight, and consumer protection, leaving them with absolute freedom to pursue whatever unethical bullshit they can dream up. I suspect they’ll try to leave things alone for a year (to avoid a mass exodus of young people) before their goals become… unsubtle.

Again, Trump, with Democratic help, managed to steal the world’s most popular short form video app and offload it to his radical billionaire friends under the pretense he was protecting national security and U.S. consumer privacy. Even before you get to this $10 billion bribe, it’s easily one of the ugliest examples of corruption and U.S. tech policy dysfunction we’ve ever seen.

I like to convince myself history will not be kind.

It’s not that arrest and ticket quotas don’t exist. They do. They always have. They always will. It’s that they’re illegal. Courts have repeatedly criticized quotas because they create incentives so perverse they’d make /b/ board denizens uncomfortable.

Since they’re presumptively illegal, most law enforcement agencies will use any word but “quota” to describe these. They’ll toss around words like “performance goals” or “metrics” or just simply refuse to discuss them at all until they’re forced to.

The Trump administration — in this case personified by advisor Stephen Miller — also doesn’t use the word “quota.” Miller has stated he wants to see 3,000 migrant arrests daily. He’s also made it clear that this is the minimum expected of the government’s anti-migrant storm troopers.

Trump expects the same thing. “Surges” exclusively targeting cities and states Trump lost in the last two elections have generated enough backlash that Trump has had second thoughts about leaning heavily on the first word in the phrase “brutal efficiency.” Those were swiftly replaced by Trump’s third thoughts because that’s just how his goldfish brain operates.

A few sidelinings aside, it’s business as usual in the Trump administration’s war on non-white people. Litigation was always the inevitable outcome of programs that relied on routine rights violations to accomplish the lofty goals set by Stephen Miller.

In Oregon, plenty of federal occupation activity has already occurred. Portland’s residents appear to have won, but there’s still the matter of ongoing lawsuits seeking compensation for violated rights and/or seeking injunctions forbidding any future rights violations.

While it’s true that federal officers like to lie about stuff they’ve done or will do, these lies are almost always exposed once they submit evidence or testify under oath. In an ongoing class action lawsuit being spearheaded by Innovation Law Lab, ICE officers are delivering testimony that not only exposes some aspects of its always-on surveillance efforts, but the lies told by the DHS about the supposed nonexistence of arrest quotas.

Details about Immigration and Customs Enforcement (ICE) officers’ surveillance tools and arrest goals in the state have come to light in a federal lawsuit that compelled officers to answer questions under oath, offering a rare window into opaque, internal strategies that are generally kept secret and have been driving mass detentions and chaotic raids.

[…]

Testimony in a December hearing in the case provided a remarkable acknowledgment by an ICE officer of how daily target arrest numbers played out at the local level, and appeared to contradict the Department of Homeland Security (DHS) officials’ repeated claims that officers didn’t have quotas. Trump adviser Stephen Miller has publicly said the administration’s target was 3,000 daily arrests. The hearing also appeared to be the first time that ICE disclosed in court its use of an app called Elite for operations.

The testimony was delivered last year, but the transcript [PDF] was only recently published by the court. What hasn’t been revealed is the testifying officer’s name. He’s only known as “JB,” but he did say several concerning things during his testimony, including stating that his team was given a “verbal order to target eight arrests per day.” The government’s lawyer objected to the term “quota” (when it was used by the plaintiff’s lawyer), but the judge overrode the objection.

In addition, JB stated that his team relied on an app called Elite to find supposed illegal immigrants.

JB explained that Elite was a “newer app” given to ICE agents. The app, he said, is “kind of like Google Maps” and shows how many individuals with an “immigration nexus” are believed to be in a certain area. Another officer testified that a “nexus” could mean any history of contact with immigration officials, which could include a naturalized US citizen.

[…]

JB acknowledged information generated by Elite could be inaccurate: “The app could say 100%, and it’s wrong. The person doesn’t live there. And so it’s not accurate. It’s a tool that we use that gives you probability, but there’s … no such thing as 100%.” 

There’s a lot that’s unknown about this app. Even those relying on it don’t even know what sources it uses to make these determinations, although officers appear to realize it’s far from perfect. Not that it stops them from using it as an excuse to raid neighborhoods or engage in unlawful stops.

This case centers around an unlawful stop and detention, one aided and abetted not by fallible tech, but by the officers shrugging off indeterminate search results and lying about what happened in the arrest paperwork.

The agent ran MJMA’s face through Mobile Fortify, DHS’s facial recognition app. The app showed a match, but the officer testified: “I wasn’t sure if it was her or not.”

MJMA had entered the US with a valid temporary visa last year. Still, JB’s team wrote in their arrest records – inaccurately – that the farm worker entered the US unlawfully. The report also inaccurately described the stop of the van as “consensual”, the judge noted.

All of this has led to an injunction against federal immigration agencies, with the court saying this in the order [PDF] it handed down two weeks ago:

There is no telling how many people would have sought counsel, or would have benefited from it. It is clear that there are countless more people who have been rounded up, and who either remain in detention or have “voluntarily” deported than those, like M-J-M-A-, who were fortunate enough to find counsel at the eleventh hour. Defendants benefit from this blitz approach to immigration enforcement that takes advantage of navigating outside of the boundaries of conducting lawful arrests. For the one detainee who has the audacity to challenge the legality of her detention and gains release, several more remain detained or succumb to the threat of lengthy detention, and then instead “voluntarily” deport. Defendants win the numbers game at the cost of debasing the rule of law.

All of that adds up, now that we can read the transcript. “Debasing the law?” It’s all there, from the quotas to reliance on sketchy mass surveillance apps to the falsification of the narrative by officers hoping to lie their way into constitutionality. This is the administration, personified by a pseudonymous federal agents who are expected to make Trump’s warped dreams a reality. In the middle of all of this are thousands of people and a half-dozen civil liberties, all of which can only hope to survive the next couple of years.

Power all your Apple essentials-without the clutter. The Mag 3 Ultra Qi2 25W 3-in-1 Foldable Charger delivers fast charging for your iPhone, Apple Watch, and AirPods all at once. The new Qi2 25W makes charging 70% faster, reaching from 0 to 50% in just 30 minutes! Magnetic charging also lets you power up your Apple Watch or Galaxy Watch. Plus, the wireless charging base is compatible with AirPods MagSafe cases. Designed with sleek portability in mind, it folds effortlessly for travel and unfolds into a stylish stand for your desk or nightstand. Whether you’re at home, in the office, or on the move, enjoy seamless 25W Qi2 performance in one compact, premium solution. It comes in three colors and is on sale for $87.

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

Much of last week I had been working on a different article than the one this became. The American Historical Association, the Modern Language Association, and the American Council of Learned Societies — all plaintiffs in a lawsuit against the National Endowment for the Humanities over DOGE’s mass grant cancellations — had uploaded the full video depositions of four government witnesses to YouTube. I had been watching through the many hours of those videos, planning to write specifically about what former DOGE operatives Justin Fox and Nate Cavanaugh actually said under oath about how they decided which grants to kill.

I had already written about what the legal filings revealed back in February, well before the NY Times published its own deep dive into the depositions last week. But the videos added something the transcripts couldn’t fully capture: the demeanor of two young guys with zero government experience who were handed the power to destroy hundreds of millions of dollars in already-approved humanities grants, and who were now forced to sit there, on camera, and attempt (weakly) to explain themselves. Before I could publish my piece, 404 Media’s Joseph Cox covered some of what was found in the depositions and illustrated it with these thumbnails of Fox straight from YouTube that certainly… tell a story.

And then, of course, the government got the videos taken down. Because these alpha disruptors who thought they were saving America by nuking grants for Holocaust documentaries and Black civil rights research turned out to be too fragile to withstand a little internet mockery for their dipshittery.

We’ll get to that part. But first, let’s talk about what made the depositions so devastating, and why the government was so desperate to hide them.

As we covered in February, the actual “process” by which Fox and Cavanaugh decided to terminate nearly every active NEH grant from the Biden administration was, to put it charitably, not a process at all. Fox fed short grant descriptions into ChatGPT with a prompt that read:

“Does the following relate at all to DEI? Respond factually in less than 120 characters. Begin with ‘Yes’ or ‘No’ followed by a brief explanation. Do not use ‘this initiative’ or ‘this description’ in your response.”

That was it. A chatbot verdict in fewer characters than a tweet. As Cox reported after watching all six-plus hours of Fox’s deposition, nobody told Fox to use an LLM for this. He did it on his own. He called it an “intermediary step” — a fancy way of saying he asked the magic answer box to justify what he’d already decided to do.

The depositions revealed the ChatGPT prompt raising flags that would be comedic if the grants hadn’t actually been terminated. As the NY Times reported:

Building improvements at an Indigenous languages archive in Alaska risked “promoting inclusion and diverse perspectives.” Renewal of a longstanding grant to digitize Black newspapers and add them to a historical database was “D.E.I.” So was work on a 40-volume scholarly series on the history of American music.

A documentary about Jewish women’s slave labor during the Holocaust? The focus on gender risked “contributing to D.E.I. by amplifying marginalized voices.”

Even an effort to catalog and digitize the papers of Thomas Gage, a British general in the American Revolution, was guilty of “promoting inclusivity and diversity in historical research.”

The Thomas Gage one is really something. The British general who oversaw the colonial crackdown that helped trigger the American Revolution is apparently too “diverse” for Trump’s “America First” humanities agenda. George Washington’s papers got spared, but the papers of the guy Washington fought against? DEI.

A sizable portion of the deposition was spent trying to get Fox to define DEI. He couldn’t. Or wouldn’t. He repeatedly deferred to the text of Trump’s executive order on DEI, while also admitting he couldn’t recall what it actually said.

How do you interpret DEI?

Fox: [sighs and then a very long pause] There was the EO explicitly laid out the details. I don’t remember it off the top of my head.

It’s okay. I’m asking for your understanding of it.

Fox: Yeah, my understanding was exactly what was written in the EO.

Okay, so can you…

Fox: I don’t remember what was in the EO.

So right now do you have an understanding of what DEI is?

Fox: Yeah.

Okay, so what’s your understanding as you sit here today in this deposition?

Fox: Um, well, it it was exactly what was written in the EO. And so anytime that we would look at a grant through the lens of complying with an executive order, we would just refer back to the EO and assess if this grant had relation to it.

Okay. But I guess I’m stepping back from your uh methodology strictly in terminating the grants. Do you have an understanding as you sit here today of what DEI means?

Fox: Yeah.

Okay. So what’s your understanding of what it means?

Fox: Well, I [scoffs] it is it is is exactly what was written in the EO. And I don’t have the EO in front of me, but that was we would always reference back to the EO and make sure that this grant was in compliance with the EO.

I understand that. Okay, but I’m not asking necessarily about what was in the EO. I’m asking very specifically about your present understanding of what… of DEI? Do you have a present understanding of DEI?

Fox: Yeah!

Okay. Can you explain what that present understanding is?

Fox: Um well, it It’s just easier for me to be referencing back to the EO.

Are you refusing to answer the question?

Fox: I’m not refusing to answer the question. I just feel that referencing back to the verbatim executive order was the best way for us to capture all of the DEI language. And so, I think giving a a high-level overview of what I could relay as DEI is not going to do justice what was written in the EO.

And that’s okay. We can look at the EO as well.

Fox: Great.

I’m asking you for I mean this is a deposition. I’m asking you questions. You’re under oath to answer them. So what what is your understanding of what DEI means?

Fox: Well, I I think I would say again that I I would go back to the EO to make sure I’m capturing enough. I don’t I don’t feel comfortable saying a high level overview because it is such a big bucket and there’s just a lot of pieces of the puzzle.

What’s a part of the bucket?

Fox: Um gender fluidity um sort of promoting um like promoting subsets of LGBTQ+ that um might um alienate another part of the community. Um. Again, it was just easier for us to reference back into the EO.

Okay, so …

Fox: And I don’t want to give you a broad overview because it’s at the end of the day it it is capturing… it is all encompassing in the EO. It’s how we it’s how we did our methodology.

Right. Do you always refer to EOs to gain an understanding of words used in your typical daily vernacular?

Fox: What do you mean?

You you say that you have an understanding what DEI means and when I ask you you say you need to reference the EO. Do you need to reference EOs to define every word you use in your everyday life?

Fox: No.

Okay. So, what’s stopping you from defining DEI to your understanding as you sit here today? On January 28th, 2026.

Fox: It wouldn’t be capturing enough of how big the topic is. DEI is a very broad structure. I’m giving giving my limited recall of what’s included is just not…

But his understanding leaked through anyway when specific grants came up.

Take the grant for a documentary about the 1873 Colfax massacre, where dozens of Black men were murdered by former Confederates and Klan members. ChatGPT flagged it as DEI. Fox agreed. Here’s how he explained it during the deposition. The lawyer reads aloud ChatGPT’s output and questions Fox about it:

“The documentary tells the story of the Colfax Massacre, the single greatest incident of anti-black violence during Reconstruction. And it’s historical and leg NAACP for black civil rights, Louisiana, the South, and in the nation as a whole.” Did I read that correctly?

Fox: Yes. Okay.

And then in column B right next to that, it says, “Yes, the documentary explores a historical event that significantly impacted black civil rights, making it relevant to the topic of DEI.” Did I read that correctly?

Fox: Yes.

Is it fair to say that what I just read is the ChatGPT output of the prompts in the first column?

Fox: Yes.

Okay. Do you agree with ChatGPT’s assessment here that a documentary is DEI if it explores historical events that significantly impacted black civil rights?

Fox:Yes.

Okay. Why would that be DEI?

Fox: It’s focused on a singular race. It is not for the benefit… It is not for the benefit of humankind. It is focused on a specific group of or a specific race here being black.

Why would learning about anti-black violence not be to the benefit of humankind.

Fox: That’s not what I’m saying.

Okay, then what are you saying?

Fox: I’m saying it relates to diversity, equity, and inclusion.

You said it’s not to the benefit of humankind. Right?

Fox: Is that what I said?

[Laughs] Yeah.

Then there was the documentary about Jewish women’s slave labor during the Holocaust:

The grant description of column row 252 says, “Production of My Underground Mother, a feature-length documentary that explores the untold story of Jewish women’s slave labor during the Holocaust through a daughter’s search for her late mother’s past, a collective camp diary in which she wrote and interviews with dozens of women survivors who reveal the gender-based violence they suffered and hit from their own families.” Did I read that correctly?

Fox: Yes.

Okay. And then in that row or column, you say “Yes DEI.” Did you write the rationale in that column?

Fox: Could you scroll over, Jacob?

Again, the rationale says, “The documentary addresses gender-based violence and overlooked histories contributing to DEI by amplifying marginalized voices.”

Fox: Yes.

Why is a documentary about Holocaust survivors DEI?

Fox: It’s the… gender-based… story… that’s inherently discriminatory to focus on this specific group.

It’s inherently discriminatory to focus on what specific group?

Fox: The gender-based so females… during the Holocaust.

And you believe that that’s inherently discriminatory?

Fox: I’m just saying that’s what it’s focused on.

Sure.

Fox: And this is related to the DEI.

Right. But you just use the term inherently discriminatory. What did you mean by that?

Fox: It’s focusing on DEI principles, gender being one of them.

So a documentary that’s about women would be DEI. Is that fair to say?

Fox: No.

Okay. So, tell me why what I just said isn’t DEI, but what you just said is DEI.

Fox: It’s a Jewish specifically focused on Jewish cultures and amplifying the marginalized voices of the females in that culture. It’s inherently related to DEI for those reasons.

Because it’s about Jewish culture?

Fox: Plus marginalized female voices during the Holocaust gender-based violence.

Okay. Is this… when we focus on a minority, is that your understanding that, you know, the Jewish people fall into the category of a minority?

Fox: Certainly a culture that could be described as minorities.

Okay. So, how did you go about determining what was a minority and what wasn’t a minority for the for the purpose of identifying DEI in grants?

Fox: Inherently focused on any ethnicity, culture, gender, no matter the sort of race or gender or or religion or… yeah.

So a documentary about anti-Black violence during Reconstruction is “not for the benefit of humankind.” A documentary about Jewish women’s slave labor during the Holocaust is “inherently DEI” because it’s focused on “gender” or “religion.” But remember, the keyword list Fox built to scan grants included terms like “LGBTQ,” “homosexual,” “tribal,” “BIPOC,” “native,” and “immigrants.” Notably absent: “white,” “Caucasian,” or “heterosexual.” When pressed on this, Fox offered the defense that he “very well could have” included those terms but just… didn’t.

Now, about Nate Cavanaugh. If you haven’t heard of Cavanaugh, he’s the college dropout who co-founded an IP licensing startup, partnered with Fox on the DOGE work at NEH, and was subsequently appointed — I am not making this up — president of the U.S. Institute of Peace and acting director of the Interagency Council on Homelessness, among other roles. When asked about DEI in his own deposition, Cavanaugh provided what might be the most inadvertently self-aware definition imaginable. While obnoxiously chewing gum during the deposition, the following exchange took place:

What is DEI referring to here?

Cavanaugh: It stands for diversity, equity and inclusion.

And what is your opinion of diversity, equity, inclusion.

Cavanaugh: My personal opinion?

Well, let’s start with what does it mean to you?

Cavanaugh: It means diversity, equity, inclusion.

Well, that’s the label, but what does what do those words mean?

Cavanaugh: It means uh it means making decisions on a basis of something other than merit.

Irony alert: Nate Cavanaugh — a college dropout with no government experience, no background in the humanities, and no apparent understanding of the grants he was terminating — defined DEI as “decisions on the basis of something other than merit.” He said this while sitting in a deposition about his time holding multiple senior government positions for which he had no qualifications whatsoever. The lack of self-awareness is genuinely staggering.

And what did all of this actually accomplish? By Cavanaugh’s own admission, the deficit didn’t go down. Fox was asked about this too. From 404 Media:

When the attorney then asks if Fox would be surprised to hear if the overall deficit did not go down after DOGE’s actions, Fox says no. In his own deposition, Cavanaugh acknowledged the deficit did not go down.

“I have to believe that the dollars that were saved went to mission critical, non-wasteful spending, and so, again, in the broad macro: an unfortunate circumstance for an individual, but this is an effort for the administration,” Fox says. “In my opinion, what is certainly not wasteful is food stamps, healthcare, Medicare, Medicaid funding,” Fox says. Later he adds when discussing a specific cut grant: “those dollars could be getting put to something like food stamps or Medicaid for grandma in a rural county.”

There is no evidence these funds were directed in that way. The Trump administration has kicked millions of people off of food stamps. It has, just as an example, given ICE tens of billions of more dollars, though.

Sure, kiddo. It was all for grandma’s food stamps. (Though given Fox’s ideological priors, one suspects that food stamps themselves would end up on the ‘wasteful spending’ list soon enough.)

The NY Times piece also revealed some remarkable details about how the process played out internally. Acting NEH Chairman Michael McDonald, who had been at the agency for over two decades and could recall fewer than a half-dozen grant revocations in that entire time — all for failure to complete promised work — went along with the mass cancellation of nearly every active Biden-era grant. When DOGE’s process wasn’t moving fast enough, Fox emailed McDonald:

We’re getting pressure from the top on this and we’d prefer that you remain on our side but let us know if you’re no longer interested.

McDonald expressed some reservations, calling many of the grants slated for termination “harmless when it comes to promoting DEI.” But he rolled over:

“But you have also told us that in addition to canceling projects because they may promote DEI ideology, the DOGE Team also wishes to cancel funding to assist deficit reduction. Either way, as you’ve made clear, it’s your decision on whether to discontinue funding any of the projects on this list.”

Out of all grants approved during the Biden administration, only 42 were kept. The rest — 1,477 grants — were terminated. No appeals were allowed. Termination letters bore McDonald’s signature but were sent from an unofficial email address the DOGE employees created. McDonald himself admitted he didn’t draft the letters and couldn’t tell you how many grants were cut. And when pressed on whether the grants concerning the Colfax Massacre and the Holocaust were actually DEI, McDonald — who, unlike Fox and Cavanaugh, actually has a doctorate in literature — said he didn’t agree they were. But he signed off on their termination anyway.

Oh, and McDonald apparently didn’t even know Fox and Cavanaugh had used ChatGPT to make the determinations.

So that’s the substance. Two unqualified guys, a chatbot, a keyword list built on culture war grievances, and the destruction of a century-old institution’s grant portfolio in about two weeks. We covered the mechanics in February. The depositions just put it all on video, in their own words, in all its arrogant, ignorant glory.

And then the government decided it couldn’t handle the public seeing it.

After the plaintiff organizations uploaded the deposition videos to YouTube and shared materials with the press, the government filed an urgent letter asking the court to order the videos removed “from the internet” — yes, they actually used that phrasing — and to restrict the plaintiffs from further publicizing discovery materials. Their argument was that the videos “could subject the witnesses and their family members to undue harassment and reputational harm.”

A few days later, the government came back even more agitated, reporting that Fox had received death threats and that the videos had circulated widely, with “well over 100,000 X posts circulating and/or discussing video clips” of the depositions. The filing cited media coverage from People, HuffPost, 404 Media, and The Advocate.

“Unfortunately, that risk has now materialized—at least one witness has been subjected to significant harassment, including death threats. Accordingly, we respectfully request that the Court enter the requested order as soon as possible to minimize the risk of additional harm to the witnesses and their families.”

Death threats are genuinely bad and nobody should send them. Full stop. That said, let’s explore the breathtaking asymmetry for a moment.

Fox and Cavanaugh subjected more than 1,400 grant recipients to termination with no warning, no due process, no appeal, and effectively forged the director’s signature on the letters. They didn’t give an ounce of thought to the livelihoods they were destroying — the researchers mid-project, the documentary filmmakers, the archivists, the teachers, the organizations that had planned years of work around these grants. When asked if he felt any remorse, Fox said:

Sorry for those impacted, but there is a bigger problem, and that’s ultimately—the more important piece is reducing the government spend.

But now that people are being mean to them on the internet? Now, suddenly, the government needs an emergency protective order and the videos must be scrubbed from existence.

Judge Colleen McMahon did initially order the plaintiffs to “immediately take any and all possible steps to claw back the videos,” pending further briefing. The plaintiffs responded with an emergency motion pointing out a fairly important detail: the government never designated the deposition videos as confidential under the existing protective order. They had the opportunity to do so and didn’t. From the plaintiffs’ filing:

Defendants never designated the video depositions in question as Confidential under the Protective Order, and Defendants have never alleged in their correspondence with ACLS Plaintiffs that ACLS Plaintiffs violated the protective order presently in place.

In other words, the government had a mechanism to keep the videos under wraps. They chose not to use it. And now they want the court to do retroactively what they failed to do at the time.

The judge’s response to the emergency motion was delightfully terse:

DENIED.

See you Tuesday.

And then there’s the part where the government’s own filing accidentally makes the case for why these videos are important. In arguing that the plaintiffs were acting improperly, the government noted that the MLA’s website had links to the deposition videos alongside a link soliciting donations to its advocacy initiative:

Directly below these materials is a link soliciting monetary donations to the MLA’s advocacy initiative “Paving the Way.” To the extent the MLA or other ACLS Plaintiffs are publicizing these documents as part of their fundraising efforts, that is improper.

Which is an interesting argument to make when the entire lawsuit exists because DOGE used ChatGPT to destroy a hundred million dollars in humanities funding.

Now, finally, about those videos the government wanted removed “from the internet.” As anyone who has spent more than fifteen minutes studying the history of online content suppression could have predicted, the attempt to get the videos taken down had precisely the opposite of its intended effect. The videos were backed up almost immediately to the Internet Archive, distributed as a torrent, and spread across social media. As 404 Media reported:

The news shows the difficulty in trying to remove material from the internet, especially that which has a high public interest and has already been viewed likely millions of times. It’s also an example of the “Streisand Effect,” a phenomenon where trying to suppress information often results in the information spreading further.

We’ve written about the Streisand Effect many, many times over the years here at Techdirt, and the pattern is always the same: someone sees something embarrassing about themselves online, panics, tries to make it go away, and in doing so ensures that orders of magnitude more people see it than ever would have otherwise. The government’s frantic filings, complete with citations to specific media articles and X post counts, served as a helpful reading list for anyone who hadn’t yet seen the videos.

The judge’s order, notably, only directed the plaintiffs to take down the videos. It said nothing about the Internet Archive, the torrent, the clips on X, the embeds in news articles, or the countless other copies that had already proliferated. And, really, given that none of the other sources are parties to the case, and the associated First Amendment concerns, it’s difficult to see those videos going away any time soon.

The government wanted the videos removed “from the internet.” They have now been seeded to the internet in a format specifically designed to be impossible to remove.

This is what happens when you try to suppress something the public has already decided it wants to see.

And that gets to the broader absurdity here. Fox and Cavanaugh walked into a federal agency they knew nothing about, used a chatbot to condemn more than a thousand grants they never read, created spreadsheets labeled “Craziest Grants” and “Other Bad Grants,” planned to highlight them on DOGE’s X account for culture war clout, sent termination letters with someone else’s signature from a private email server, and explicitly told the agency head that no appeals would be allowed.

When asked under oath to justify what they did, Fox couldn’t define DEI, couldn’t explain why documenting anti-Black violence isn’t “for the benefit of humankind,” and could only offer that the money they saved was probably going to food stamps for grandma — which it very much was not. Cavanaugh couldn’t define DEI either, acknowledged the deficit didn’t go down, and gave a definition of DEI that perfectly described his own role in the federal government.

These are the people who DOGE sent to reshape the government. And now that government is asking a federal judge for an emergency protective order because the internet is being kinda mean about it. Poor poor snowflake DOGE boys.

As the ACLS president put it, “DOGE employees’ use of ChatGPT to identify ‘wasteful’ grants is perhaps the biggest advertisement for the need for humanities education, which builds skills in critical thinking.”

She’s right. Though I’d argue watching these depositions is — unlike Fox’s ridiculously bigoted definition of Black history — very much for the benefit of humankind.

We’ve noted how Microsoft is a little sensitive about AI slop at the moment. Back in January, CEO Satya Nadella wrote a well-circulated blog post lamenting critics of “AI slop” and demanding the public simply move past such conversations. It was relatively innocuous, but wasn’t received well for some valid reasons.

One problem is that Nadella put the onus on the consumer for ignoring a lot of Microsoft’s terrible choices as it relates to AI, whether it’s the ample lazy AI slop that fills the company’s zombified MSN portal, the rushed integration of AI into software in a way that poses major new security risks, their undercooked AI copyright bots, the company’s efforts to shovel Copilot down the throats of people (whether they want it or not), or some of the really dodgy privacy practices they’ve been engaged with via Windows 11 AI “snapshot” features.

Last week found Microsoft under fire yet again, this time for defensively locking down a Discord server after people wouldn’t stop calling the company “Microslop.” More specifically, Microsoft Streisanded themselves after they tried to ban the term on its Copilot discord server. When people found creative ways to get around the ban, Microsoft decided to lock down the entire server.

When called out for that by frustrated users, Microsoft tried to blame the entire incident on “spammers” who were trying to post “harmful content”:

“The Copilot Discord channel has recently been targeted by spammers attempting to disrupt and overwhelm the space with harmful content not related to Copilot,” a Microsoft spokesperson told us, adding that the “blocking of terms like ‘Microslop’ and some others associated with this spam campaign were temporary while the company worked to implement better safeguards.”

Microsoft executives don’t really seem to want to engage in any serious introspection into their rushed adoption of AI in ways customers don’t always appreciate. Most recently, their integration of Copilot into Notepad opened up a major cybersecurity vulnerability.

This whole incident will, of course, only result in users doubling down on their criticisms:

These companies have invested untold oceans of cash into a technology that may have utility for many, but hasn’t, to date, been all that profitable. Many AI companies have layered under-cooked automation on top of very broken systems (see: health insurance or journalism or war) in problematic ways, raising questions about company valuations and systemically poor judgement. All while AI’s immense energy consumption has caused companies to disregard already tepid climate goals.

Instead of engaging in real conversation about these issues you tend to get a lot of generalized defensiveness (“why can’t you simply praise us for our innovation?”), all of which has been made worse by the tech sector’s enthusiastic coddling of authoritarianism.

This week, our first place winner on the insightful side is Nimrod with a comment about the lack of checks and balances for RFK Jr.:

Observation

If a member of organized crime were to manage to get themself elected President, they would probably try to delegitimize the legal system, law enforcement and government authority in general. After enriching themself and their cronies, of course. Maybe they’d even start a war or two as a diversion. They’d also put as many “friendly” judges in place as they could, particularly in the higher courts.
It’s a good thing we’d never elect such a person. /s

In second place, it’s MrWilson with a comment about MAHA’s call to eliminate the whole childhood vaccination schedule:

This is another instance where you’d be fine with the stupidity if it didn’t affect innocent people. Like with covid, you were fine that dumbasses got themselves infected, but it led to grandmothers and children and random people they encountered getting infected and sometimes dying, so it wasn’t okay. It was fine if some random 50 year old Trump supporter wanted to get the ivermectin shits or waste money on homeopathic “cures.”

But this is expressly the same evil abuse as Christian Science and Jehovah’s Witness parents who refuse medical care for their children, preferring they die than benefit from modern science and treatments.

It also undermines the entire “parents rights” narrative that conservatives like to spin whenever an issue comes up. You don’t get to kill your children just because you’re a brainwashed dumbass. Except, in America, you actually do. And that’s fucking horrible.

For editor’s choice on the insightful side, we start out with a comment from TKnarr that is similarly about the consequences of the administration’s stupidity:

The sad thing is that you should take what Trump says seriously in the same way you should take what the Joker says seriously. Because they’re literally an insane clown with only a tenuous hold on reality, but they’re an insane clown with a tanker-truck full of SmileX who absolutely will blanket the city with it. The people who claim you shouldn’t take him seriously or literally? Are the ones who paid him to do that and are now worried someone might connect the dots that lead back to them.

Unfortunately our version of Bruce Wayne really is the brainless billionaire he-bimbo Batman’s secret identity pretends to be.

Next, it’s Epic_Null with a comment about the impact of social media on kids and teens:

We also should not forget though that we have children who are fairly restricted in where they go. A child who is not allowed to go to the park on their own is not exactly likely to turn into a teen who hangs out at the mall.

If we want independent people who use third spaces… we have to make laws and culture that supports people being independent and using third spaces.

Over on the funny side, our first place winner is an anonymous comment about Stephen Thaler’s latest loss in his quest to get copyright protection for the generations of his AI system:

Does Thaler believe he got thrown under DABUS?

In second place, it’s an anonymous reply to our guest post entitled Human Problems: It’s Not Always The Technology’s Fault:

There is one golden rule – It’s always someone else’s fault, and they owe me a lot of money.

For editor’s choice on the funny side, it’s another somewhat slow week when it comes to jokes, so we’ll keep it to just one pick — another comment from MrWilson, this time about Roblox’s rollout of AI-powered real-time rephrasing of profanity in chat:

Holy forking shirtballs!

That’s all for this week, folks!

Before we get started: last week, I asked for your feedback on the weekend posts and some possible changes we’re considering going forward. The dominant theme of the responses was that lots of people like the Comment posts just the way they are, but can take or leave these History posts. We’re still mulling over the options, and next week we’ll be taking a break from the History posts for a few weeks while we spotlight our game jam winners. After that, the likely plan is to bring back the History posts with a time shift to ten, fifteen, and twenty years ago, and also to replace these paragraph summaries with a simple bullet list of headlines, in the hopes that it makes them a little more interesting and easier to skim (plus a little quicker to put together on my end, since it seems like not many people are reading them).

But, for this week, we’re not making any changes just yet — so let’s get started!

Five Years Ago

This week in 2021, we did a deep dive into the problems with Senator Tillis’s Digital Copyright Act, while some other Senators were pushing the FCC to finally update the pathetic definition of broadband. A DMCA complaint claiming copyright on the word “outstanding” sought to get dictionary entries de-listed from Google, while one court was allowing a lawsuit over abusive DMCA notices to move forward. Tennessee lawmakers introduced another attack on Section 230, while the Utah legislature wrapped up its session by passing two unconstitutional internet bills, but we wrote about how it’s not just Republican state legislatures pulling such nonsense. Also, a judge tossed out the Trump campaign’s laughably stupid SLAPP suit against the New York Times.

Ten Years Ago

This week in 2016, while Donald Trump sent a cease and desist threat to a band over using his name in a song, we wrote about how laws should be designed as if the people we distrust the most are in power. We dedicated an episode of the podcast to the ins and outs of the Apple/FBI fight over iPhone encryption, while noting that the DOJ kept pointing to a test in its cases that didn’t actually exist, and how Apple might be forced to reveal and share the iPhone unlocking code widely, just before Apple’s VP of Engineering spoke up about what the FBI was doing. Of course, none of this stopped Senators Burr and Feinstein from threatening yet another bill to backdoor encryption, or President Obama from getting everything wrong about the issue.

Fifteen Years Ago

This week in 2011, we did a deep dive into a pair of recent events all about intermediary liability and Section 230. Music publishers settled with Limewire to avoid proving they actually owned the copyrights in question, while the RIAA (which was also very unhappy with Rep. Lofgren for calling out ICE’s web censorship) had its absurd claim of “trillions” in damages against Limewire rejected by a judge, and the Supreme Court agreed to hear an important appeal regarding copyright and the first amendment. Meanwhile, we saw several examples of silly trademark bullying, with Lady Gaga threatening a controversial line of ice cream, Zynga seeking to trademark the suffix “Ville”, and Bath & Bodyworks going to court to explain to Summit Entertainment that the word “twilight” existed before the movie.

The World Baseball Classic is currently going on and I absolutely adore it. Essentially a World Cup for baseball, 20 nations are playing against one another in a banger of a tune-up for the Major League Baseball season. It’s a flamboyant delight, with cultural celebrations such as the Italian team doing a shot of espresso after they hit home runs in the dugout.

The American team is managed by former major leaguer Mark DeRosa. While I won’t bore you with too many gory details, DeRosa royally fucked up during the tail end of pool play. Through a complicated series of winning scenarios and tie-breaker rules, the American team headed into its game with Italy needing to win to secure its place in the playoffs. DeRosa, it appears, was under an entirely different impression. These were his comments before the game with Italy.

After the game, he mentioned that some of his players were “dragging” on the field and he essentially put in a lineup that didn’t include many of the normal starting players. If you don’t know professional baseball culture, there’s a reason for the dragging. With nothing at stake, it’s pretty clear DeRosa thought the playoffs were already secured… and told his players to go out and celebrate that night. They likely did, late into the night and with the help of plenty of alcohol. Then they lost to Italy, which meant they needed Italy to win or to get into tie-breaking scenarios against their next game with Mexico. They got lucky in that Italy did beat Mexico in the next game, but the fuck up took things out of the hands of Team USA, leaving it up to their rivals.

You may not care about any of the above, but baseball fans do. DeRosa, in his day job, is also an employee of MLB, serving as a commentator on the MLB channel. MLB itself took down the original video of DeRosa’s comments and put up a version in which you don’t hear DeRosa’s mistake nor his admitting later that he screwed up.

Also, this reporting from The Athletic doesn’t actually make things look better for DeRosa and Team USA:

“The league appears to have taken down video that included DeRosa’s mistaken comments from MLB.com, with attempts by The Athletic to access it yielding error messages early Wednesday morning. A version of the interview that remained on MLB Network’s Facebook page appeared to be condensed and did not include the now-scrutinized remarks.”

I really don’t know what MLB was thinking here. American baseball fans would somehow forget what they heard DeRosa say? A screw up that could have bounced the American team from the WBC entirely would somehow fly under the radar?

Regardless, the Streisand Effect took over and now then the reporting on all of this went into wide circulation. In discussing MLB’s attempt at the hidden ball trick, reporting on DeRosa’s fuck up went through another, and larger, round of reporting. By trying to hide what DeRosa did, MLB made it public all the more.

This is classic Streisand Effect stuff at work and I can barely believe that Major League Baseball thought this isn’t exactly what would occur.