The hotlist [Seth Godin's Blog on marketing, tribes and respect]
I just built a page containing many of my books. Click on any one of them and it’ll take you to a directory of where you can get a copy. And the page then re-indexes based on which ones get the most clicks.

Thanks for reading.
Trump Hides IRS Report Showing How His Big Beautiful Bill Fucked America [Techdirt]
It seems that burying reports because he doesn’t like the data within them is becoming a habit for Donald Trump and his administration. This practice didn’t begin during Trump 2.0, of course. He was burying reports he didn’t like all the way back in 2017. More recently, of course, a lot of the games being played to keep the public uninformed of actual information and data have occurred at HHS, where RFK Jr. is all too happy to simply hide data that doesn’t align with his conspiracy theories on topics like COVID vaccines or other medicines.
But if Dear Leader wanted to crow about one thing, it would certainly be the economy. Even as we can see with our own two eyes how Trump policies have worsened the economic situation for millions of Americans overall, Trump’s public statements about the economy all revolve around how great it is, how it’s never been better, and how anyone saying otherwise is a communist illegal immigrant that hates Jesus…or something.
President Trump’s pro-growth agenda has delivered strong economic momentum through tax relief, deregulation, and renewed private-sector investment. In 2025, inflation moderated, job creation accelerated, and consumer confidence rebounded as businesses expanded and wages rose. His America-First economic strategy is restoring prosperity, lowering costs, and positioning the United States for long-term growth.
Unlike other matters of public policy, the economy is essentially math. And anyone who took math through high school will know that it’s not enough to solve the problem; you have to show your work. In this case, showing your work amounts to IRS reporting on the impact on taxation, filed annually after each tax season. But for some unknown reason, the Trump administration is blocking the release of that report this year.
The data from the IRS was initially scheduled to be released in July and updated in September, but the agency hasn’t filed either, Politico reported Wednesday. The IRS claims it is still waiting for approval to release the figures from the Treasury Department. The data will reveal the real impact of Republicans’ tax policies—and whether they fell short of their promises.
There are a couple of reasons that could be behind the delay in reporting. The most charitable of those, seriously, is that Trump’s tax-cut bill, the so-called Big Beautiful Bill, complicated the tax code so badly that the IRS is having a hard time actually gathering up and validating all the data it has.
[One] possible explanation for the delay is that the many carve-outs and exemptions implemented by Trump’s 2025 tax cuts have potentially complicated the tax codes, so the IRS has more trouble producing the numbers in the first place.
Could be, but I doubt it. Occam’s Razor does a lot of work for us here. The explanation requiring the fewest assumptions is also the most obvious: the report isn’t being released because Trump doesn’t like what it says. It also explains why the report hasn’t appeared despite it being months and months overdue. I have very little doubt that if we ever see this report, it won’t be until shortly after the midterm elections that are about to take place.
Nina Olson, a former national taxpayer advocate, accused Frank Bisignano, the IRS’s chief executive officer, of purposefully withholding the data. “I think they are hiding stuff that doesn’t line up with all the crowing the CEO has been doing,” she told Politico.
Data detailing which tax breaks were claimed by people in different income brackets and how much they paid in taxes could become embarrassing if it reveals that the tax burden shifted between income groups or that a suspicious number of people claimed certain breaks, Johnson told Politico.
An explanation for what is going on here should be offered from the administration. Trump’s response would be enlightening. If we were in the economic “golden age” that Trump is constantly claiming we are, he should be doing everything in his power to get this report released before election day. He doesn’t appear to be doing so.
And it’s pretty obvious why.
Parental Leave Problems: Part 3 What Good Is an Accommodation If Using It Costs You Later? [General Union]
Janice* had been working around three days a week as a freelance English teacher for a large company for around two years. When she became pregnant, the company was very understanding, and naturally she reduced her availability during the final weeks of her pregnancy. After her baby was born, she continued working a reduced schedule while caring for her child during the first year. Both sides seemed to have an understanding that pregnancy and taking care of a child required a bit of flexibility in scheduling. And as a freelancer, Janice wasn’t eligible for the childcare leave benefits paid through employment insurance.
Then it was time to sign her next contract.
The company had been so reasonable up to this point that Janice was surprised when they told her that her pay rate wouldn’t increase because she hadn’t worked enough days during the previous year. She was aware that there was a clause requiring a minimum number of shifts per week to receive the yearly raise, but thought there would be an exception for her situation.
She then asked her branch to review the Freelance Act to see if anything could be done. They found that for certain long-term freelance arrangements, businesses are required to consider accommodations related to pregnancy, childbirth and childcare. Freelancers are also protected from disadvantageous treatment because they asked for or received those accommodations.
The company had accommodated Janice’s reduced availability. However, it seemed really unfair that using that accommodation later cost her a pay increase. She was left wondering: isn’t this exactly the kind of situation the Act should cover?
The General Union is challenging that outcome. If a freelancer is allowed to reduce their workload because of pregnancy or childcare, only to have that reduction used against them financially later, the protection doesn’t mean very much.
The Freelance Act is still relatively new, and exactly how some of these protections will work in practice is still being tested. The union’s position in Janice’s case is simple: using a pregnancy or childcare accommodation shouldn’t leave a freelancer worse off because they used it.
After all, what good is an accommodation if using it costs you later?
*Name changed for privacy.
Want to learn more about the Freelance Act? Join our Freelance Committee
Kanji of the Day: 野 [Kanji of the Day]
野
✍11
小2
plains, field, rustic, civilian life
ヤ ショ
の の-
野球 (やきゅう) — baseball
高校野球 (こうこうやきゅう) — high-school baseball
野菜 (やさい) — vegetable
野球場 (やきゅうじょう) — baseball ground
分野 (ぶんや) — field
小野 (おの) — plain
プロ野球 (プロやきゅう) — professional baseball
野球部 (やきゅうぶ) — baseball club (at a university, corporation, etc.)
平野 (へいや) — plain
上野 (こうずけ) — Kozuke (former province located in present-day Gunma Prefecture)
Generated with kanjioftheday by Douglas Perkins.
Kanji of the Day: 概 [Kanji of the Day]
概
✍14
中学
outline, condition, approximation, generally
ガイ
おおむ.ね
概要 (がいよう) — outline
概念 (がいねん) — general idea
一概に (いちがいに) — unconditionally
概況 (がいきょう) — outlook
概ね (おおむね) — in general
概算要求 (がいさんようきゅう) — request for budgetary appropriations
気概 (きがい) — strong spirit
大概 (たいがい) — generally
概算 (がいさん) — approximation
概して (がいして) — generally
Generated with kanjioftheday by Douglas Perkins.
The Metric Is Not The Mission: After The Platform Age [Techdirt]
The Metric Is Not the Mission is a ten-part examination of how Big Tech moved from building and expanding the open internet to increasingly shaping it around its own metrics, incentives and assumptions. Across the series, the argument follows the evolution of the platform economy—from the optimism of the early internet to the growing tensions around power, prediction, geopolitics, accountability and the future of digital life.
The series was published in two parts each week over five weeks, with each installment building on the one before it. The series is now concluded. The complete essay will be brought together in a single PDF edition, providing the full argument in one place, published shortly.

Part X: After the Platform Age
The final part brings the argument together. The question is no longer simply what comes after Big Tech, but whether the future of the internet can be built around a different distribution of power, one in which technological scale is matched by accountability.
There is a revealing moment in almost every period of historical transition when people begin asking the wrong question. What comes after Big Tech? Will artificial intelligence displace social media? Will decentralized technologies restore the openness of the early web? Will new regulatory frameworks fragment today’s digital giants? Will smaller online communities replace planetary platforms?
These are important questions, but they all assume that the future consists primarily of finding a new set of dominant actors. History encourages a different perspective. Periods of profound transformation are seldom defined simply by who inherits power. They are defined by changes in the architecture through which power is organized.
That is why the coming reckoning should not be understood primarily as a prediction that today’s largest technology companies will collapse. Some may become even larger. They will continue investing in artificial intelligence, biotechnology, robotics, and other technologies that will shape the next generation of innovation. The more important question is whether the terms of their power are beginning to change.
For much of the platform era, users were treated primarily as consumers. Governments treated the companies primarily as markets requiring regulation. The companies themselves treated social harms largely as problems of product design, trust and safety, or compliance.
The emerging challenge is different. It asks whether users are also rights-holders. Whether platforms are also institutions with duties that cannot be reduced to terms of service. Whether corporate responsibility can be determined solely by what a legislature has explicitly required. And whether an industry that has become central to social, economic, and political life can continue insisting that responsibility ends wherever existing regulation currently stops.
These questions may ultimately prove more consequential than another attempt to identify the next dominant technology. Because the future of the internet is not simply a question of which company wins. It is a question of whether the people who depend upon digital systems have meaningful power over the institutions that shape their lives. This is where the original architecture of the internet remains relevant.
The internet’s greatest achievement was not that it prevented concentrations of power. It did not. Nor was it that it eliminated conflict, inequality, or abuse. It did none of those things. Its achievement was that no single institution was supposed to become synonymous with the network itself.
That principle now needs to be recovered in a different form. Not by imagining that the internet can return to an earlier age or by romanticizing decentralization. And, certainly, not by assuming that technological innovation alone will correct the problems technological power has created.
The next internet will require something more difficult: institutions capable of correcting one another. That includes legislators, regulators, and competition authorities. It includes courts. It includes civil society and independent researchers. And, most importantly, it includes users themselves. The point is not to weaken technology for the sake of weakening technology. The point is to ensure that technological power remains answerable to the societies in which it operates. That is the distinction that matters. The alternative to Big Tech is not necessarily small tech. The alternative to concentrated power is not the absence of power. It is accountability.
Perhaps that is the real reckoning now approaching. Not the collapse of the platforms, not their sudden repentance or, the moment when their founders rediscover the idealism of the early internet. The reckoning will come when the companies discover that scale is no longer sufficient to define the terms of responsibility.
Child safety may be where that process becomes impossible to ignore. It should not end there. If the emerging principle is that powerful technology companies can be held responsible when their products create foreseeable and preventable harms, then that principle must eventually extend to the wider question of what users are owed. Not only safety – but agency. Not only protection – but dignity. Not only compliance with the law as it currently exists – but accountability proportionate to the power these companies exercise over the conditions of modern life. That is not an argument against innovation. It is an argument against the increasingly implausible belief that innovation exempts powerful institutions from responsibility.
For a generation, Big Tech invited us to believe that the future of the internet could be contained within a handful of platforms. Those platforms transformed communication, knowledge and human connection in ways that deserve recognition as some of the most consequential technological achievements of modern times. But achievement is not immunity. The internet was never Facebook; it was never Google; it was never Amazon; it was never Instagram, TikTok, or X. Those companies shaped an era. Some will continue to shape the next one. But the internet has always been larger than its most powerful inhabitants.
The next chapter may be defined by something even more important than technological change: the reassertion of the principle that those who use the internet are not merely the raw material from which platforms create value. They are the people to whom those platforms must ultimately answer. That is the reckoning. And this time, Big Tech may not be able to lobby its way around it.
Konstantinos Komaitis, PhD, is a veteran of developing and analyzing Internet policy to ensure an open and global Internet.
Starlink Throttling In Ukraine Again Shows Musk’s Right Wing Extremism Is A National Security Threat [Techdirt]
Last year you might recall how Elon Musk’s far right wing extremism (and endlessly incoherent behavior) had many countries reconsidering their use of his low-Earth orbit satellite company, Starlink. It was driven by the fact that Musk had restricted Ukraine’s access to the service near Crimea because he personally opposed Ukraine’s military aims (defending itself from unprovoked invasion by authoritarians).
Competitors are lagging behind SpaceX on LEO satellites, though the events prompted Germany to help fund Ukraine’s use of alternative fledgling LEO satellite communications options, including Eutelsat. Other competitors, including Jeff Bezos’ Leo, should make market inroads over the next few years, but most deployments are far behind Starlink’s 11,150 orbiting LEO satellites.
Now the problem has popped up again, this time with a Wall Street Journal report that Musk pressured the Trump administration to throttle Ukraine’s Starshield (the military version of Starlink), undermining Ukraine’s ability to communicate and engage in military drone operations.
Musk is a cornerstone of a well-funded global authoritarian alliance and, like Trump, wants global authoritarians to succeed. Both Trump and Musk are upset with Ukraine’s efforts to target Russian oil production facilities (in part because even higher domestic gas prices threaten Republican midterm success, and the success of Musk’s unrelenting assault on democracy and foundational civil rights):
“Both Musk and President Trump have expressed anger at Ukraine for attacking Russian diesel refineries in recent weeks, which the president blames for high energy prices. Last week, Musk capped the speeds at which Ukrainian hardware could stay connected to the satellite-based network, the people said, rendering some offensive drones and interceptor drones virtually useless.”
Just a week earlier both Trump and Musk vacillated between pretending they didn’t know what was happening — to each trying to blame the other for the slowdowns, with Reuters originally insisting that the order to throttle Ukraine’s Starlink connections “came from the White House.”
Regular Starlink terminals have automatic network throttling protection if a connected vehicle operates in excess of 70 km/hr. Starshield, in contrast, is supposed to have no cap, but has been throttled if drones or vehicles exceed speeds of 90 km/hr. The throttling reduced Ukraine’s ability to use the network for both offensive and defensive drone operations, causing “tens of millions of dollars in losses,” Ukraine officials said.
At his right wing propaganda website formerly known as Twitter, Musk also tried to claim the order came from the White House:

But the Wall Street Journal’s reporting indicate that many sources believe the decision to throttle Ukraine’s connectivity ultimately came from Musk himself:
“During the uproar, SpaceX representatives called White House counterparts seeking a unified understanding and subsequent message that the company and Trump administration coordinated ahead of Musk’s directive, the people said.
Some U.S. officials say that Musk acted unilaterally and that Trump didn’t specifically order any retribution against Ukraine. But a person familiar with the situation said Musk talked to multiple senior administration officials, including with Trump, before imposing the new speed cap, which Ukrainian officials said had allowed Russian missiles to evade their defenses.”
Trump has repeatedly feigned ignorance, as recently as Monday insisting “I don’t know who it was, but I’d like to find out.” The stage play is for the benefit of the dwindling number of Reagan-era Republicans who (correctly) find a U.S. alliance with Putin to be traitorous. Secretary of Defense head Pete Hegseth tried to falsely claim that Ukraine somehow violated Starlink’s terms of service:
“We haven’t pulled anything back. There are terms of service that ultimately need to be complied to. And that’s where Starlink has the option to make those decisions, but nothing’s changed from our view. We haven’t made any directives or anything like that,” Hegseth told reporters, adding that “we wish the Ukrainians, obviously, success.”
U.S. Secretary of State Marco Rubio also issued statements implying that the White House wasn’t fully informed about Musk’s decision to unilaterally imperil Ukraine’s military operations. He also claimed that unilaterally harming U.S. ally military operations is apparently a decision for Elon Musk, not the White House, if you needed further evidence of just how comically corrupt the U.S. has become.
Ukraine says their satellite connectivity is still throttled, imperiling operations.
Ukraine’s relationship with Trump has soured (further) in recent weeks after the White House temporarily suspended intelligence sharing with Ukraine. Trump’s also been broadly criticized for suspending Russia sanctions and greenlighting diesel imports from Moscow, something he apparently hoped would lower U.S. gas prices and save him from an expected midterm lashing for Republicans.
Obviously the world’s richest man, and Trump’s biggest billionaire donor, unilaterally making decisions that prevent a U.S. ally from defending itself from authoritarian aggression is positively grotesque. As is the non-transparent game of patty cake and finger pointing in the wake of the decision. As is any telecom provider leveraging its monopoly to exert this level of political control.
Musk’s decision to arbitrarily throttle Ukraine’s Starlink usage appears largely to be an act of ideological and financial self-interest. Higher gas prices mean midterm trouble for Musk’s preferred global ideology (authoritarianism dictated by the whims of mad oligarchs). Trump and Musk are also trying to drive Kyiv to the negotiations table with an eye on ceding significant territorial control to Putin.
Republican control of the White House has been immeasurably valuable for Musk. Not only is Starlink now tightly woven to military operations and funding, but a Republican rewrite of the 2021 infrastructure bill is driving what could be billions in taxpayer subsidies into the back pocket of the billionaire for Starlink service he had already planned to deploy without subsidization.
You’d like to think that future U.S. administrations realize that Musk is a very clear national security threat and act accordingly. You’d also like to think Musk’s extremism drives the evolution of more robust competition in the fledgling LEO satellite space. Preferably before Musk’s global authoritarian alliance completely dismantles what’s left of representative democracy worldwide.
JD Vance Says Trump Hates People Cashing In On Government Access. Meet Former Trump Lawyer Alina Habba’s $50 Million Contract. [Techdirt]
On Wednesday, JD Vance did the one thing JD Vance knows how to do with full commitment: lie through his teeth about something he fully knows is bullshit. In this case, claiming that Donald Trump “hates the idea of people enriching themselves fraudulently over access to the government.”
Remember, this is the same Donald Trump who dismantled the FBI and DOJ teams that handled public corruption because they had been involved in investigating himself. That alone appears to already be letting politicians off the hook in bribery cases. It’s the same Donald Trump who personally profited by over $2 billion in his first year in office. There are widespread reports of insider trading based on knowledge from his position as president. There are the sketchy settlement deals he gets to do with himself to take taxpayer money. The corruption is so blatant it would be hard to believe if we weren’t watching it happen.
Perhaps JD Vance means that Trump is fine with Trump enriching himself via public office… but “hates the idea” of others taking money that should be going directly to Trump himself.
And there’s now a story that can be used to test Vance’s claims. It involves Trump’s former personal lawyer, Alina Habba, who he tried and failed to appoint as a US Attorney (she held the position temporarily until a court said she was illegally appointed) and who was accused in a lawsuit of conning a former Trump golf club worker into signing an illegal NDA by posing as a neutral ally rather than someone looking out for Trump. A bombshell NY Times report reveals that the family of Julio Herrera Velutini, a billionaire desperate for a pardon, gave Habba a $50 million contract, and the pardon soon followed. Not surprisingly, Habba insists the two things are unrelated, but come on.
We’ve talked in the past about the idea of “soft corruption,” where even the mere appearance of potential corruption massively diminishes trust in government. Here, it’s difficult to see how the “soft” modifier even applies.
The article points out that he hired a different former Trump lawyer, Chris Kise, as well as donated $3.5 million to a Trump PAC directly, but it wasn’t enough to secure a pardon (he did get a very light plea deal — dropping federal bribery, conspiracy, and wire fraud charges in exchange for pleading guilty to a campaign finance violation — from the Trump DOJ, but he wanted a full pardon). So then the family turned to Habba, who was still occupying the US Attorney’s office in New Jersey (despite a court having ruled she was doing so illegally) when she signed the deal:
Then the Herrera family hired Alina Habba, who had been one of Mr. Trump’s personal lawyers and at the time was an adviser at the Justice Department. They offered her $10 million a year for four years along with a range of bonuses. In total, including bonuses, she was guaranteed more than $50 million over four years, according to interviews and documents obtained by The New York Times.
Under the agreement, Ms. Habba would become general counsel at Concord Partners, a company that Ms. Herrera set up in late October 2025 in Florida. The company has no public profile and its business remains unclear even to some people associated with the Herrera business empire. Ms. Habba finalized her deal days after the company was registered, while she was still serving as U.S. attorney in New Jersey.
Even if you want to argue that the contract itself is legitimate, the fact that she took it while serving as the US Attorney should ring all sorts of alarm bells.
So should this:
She formally began her work for Concord Partners on Jan. 1. Weeks later, Mr. Trump granted Mr. Herrera a full and unconditional pardon.
By then, Ms. Habba was a senior adviser to Attorney General Pam Bondi, overseeing U.S. attorneys. She had an office at the Justice Department and a protective detail from the U.S. Marshals, a holdover from her time serving as the U.S. attorney in New Jersey.
The sequence of events raises questions about how Mr. Herrera secured the pardon and who might have helped him. People familiar with Ms. Habba’s contract said they believed that she was brought in to help with Mr. Herrera’s push for a pardon and expressed surprise at the scale of the compensation.
When a sitting US Attorney lands a $50 million contract from the family of a man seeking a pardon, and the pardon shows up weeks after she starts that new made up job (while still working for the DOJ in an advisory role!), that’s about as blatant as corruption gets.
Part of the problem with not cracking down on corruption is that it invites ever more blatant corruption, while destroying whatever trust the public has left in government. When the public sees that people are going into public service to effectively get massively lucrative deals from criminals, it makes the entire government suspect.
There has always been some corruption in the US government, but it was limited, and those involved at least tried to hide it. Those days are over, and the Trump/MAGA movement seems to be looting everything it can get its hands on while it can. But sure, JD, tell us again how much Trump “hates the idea of people enriching themselves over access to the government.”
Daily Deal: Build A Weather App With Ruby On Rails [Techdirt]
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DNS Resolver Quad9 Will Leave France After Court Orders Piracy Blocking Penalty [TorrentFreak]
Earlier this month, DNS resolver Quad9 informed TorrentFreak that it was weighing its future in France, including the option to leave the country altogether.
The Swiss non-profit foundation faced a request from beIN Sports for penalties of up to €580,000 a day, as Quad9 chose not to block pirate tennis streams.
Yesterday the Paris Court ruled on the matter and not in favor of Quad9. As a direct result, the foundation decided that it will no longer offer its services to users in France starting November 24.

The court ordered Quad9 to implement the May blocking order, which since expanded to 58 domain names, or face a penalty of €1,000 a day, which is a fraction of beIN’s demands.
beIN had asked for €10,000 per day for every domain that remained accessible through Quad9. The court set the penalty at €1,000 per day in total instead. This runs until the blocking measures end on November 14, which Quad9 calculates adds up to €24,000, not counting its own legal costs.
Quad9 told us that it understands it is now subject to the penalty, as it won’t block the domains before the order ends.
In its ruling, the court points to Quad9’s own statements. According to the court, Quad9 has to make reasonable efforts to block the domain names, but it decided to take no action at all, for reasons it previously explained.

That’s a different outcome than earlier this month, when the Paris court refused beIN’s penalty requests against Cloudflare and several VPN providers. These companies had blocked at least some of the domains, which the court considered a reasonable effort.
Canal+ also lost a similar penalty request against Cloudflare in September. Quad9, however, hasn’t blocked a single domain, as it also confirmed in a statement submitted to the court.
For Quad9, the case was never just about money. The foundation sees recursive DNS resolution as a neutral service and doesn’t want to tamper with it.
“We categorically refuse to alter or lie to you about the DNS responses you receive in a way that opposes your expectations,” Quad9 writes in a statement.
The Swiss foundation also says that it can’t accurately block for French users only. Its free service requires no sign-up and it says that there is no reliable way to tell which users are in France.
Blocking the domains for all users would also satisfy the court, Quad9 confirms. However, the DNS resolver refuses to apply a French court order to Internet users worldwide.
How Quad9 will stop serving French users hasn’t been decided yet. The foundation told us that it’s still evaluating its options, which it believes are all imperfect.
Blocking wouldn’t help much either, Quad9 argues, as there are plenty of workarounds. People who want to access the pirate sites can simply switch to one of the thousands of other open DNS resolvers.
“This is like holding a piece of newspaper in front of a stadium full of people to block the view of a concert,” the foundation says.
The decision to leave isn’t just about this beIN case. Quad9 notes that roughly 20 other blocking cases are pending in France and the foundation expects many of them to ultimately lead to more blocking pressure and potential fines.
“Quad9 cannot survive the accumulation of penalties yet to be assessed in 20 other pending cases, nor those of future cases similar to the one brought by beIN,” it notes.

Quad9 isn’t the first public DNS resolver to make this move. In 2024, OpenDNS suspended its service in France in response to a Canal+ blocking order.
For Quad9, it’s also a matter of principle. The foundation fears that blocking demands which seem reasonable today will turn into a flood of new ones.
“Once the tools of censorship are built, they are rarely used sparingly or justly,” Quad9 writes.
An appeal is pending and Quad9 says it will continue to fight court-ordered DNS blocking. For now, French users have until November 24 to switch to another DNS resolver.
—
A copy of the Paris Judicial Court’s ruling (RG 26/11882) is available here (pdf).
From: TF, for the latest news on copyright battles, piracy and more.
ICE Officers Who Ran Over Man Were Trying To Arrest Someone Who Had Been Dead For Years [Techdirt]
Not that we really needed any more evidence of bad faith by ICE and the officer who decided to drive his car across a city street and into an adjacent parking lot for the apparent sole purpose of running over a fleeing migrant, but here it is anyway.
As we covered last week, ICE officers deliberately ran over a fleeing man before issuing self-serving statements that not only didn’t tell the truth about the incident, but apparently didn’t even tell the truth about the backstory.
To refresh your memory, here’s the footage of the incident ICE subsequently lied about, as captured by a camera owned by a nearby business:
In this, you’ll see an ICE vehicle accelerate into the parking lot and run over Miguel Parra-Hernandez. This does not appear to be an accident. To make things even more suspect, ICE officers then moved the truck Parra-Hernandez was driving from the street where it was stopped to near the entrance of the parking lot, apparently hoping to shore up the narrative it had delivered to reporters earlier.
ICE alleged in a statement that “Parra-Hernandez ran in front of an ICE vehicle and was struck.”
ABC13 reached out to an ICE spokesperson, who said agents were attempting to arrest Jose Mendoza-Cervantes, who was their intended target.
ICE alleges Mendoza-Cervantes entered the United States illegally from Mexico five times and had a final order of removal issued by a judge. The agency also alleges Parra-Hernandez is in the country illegally.
The only demonstrably true part of this statement was the fact that the man had been “struck” by “an ICE vehicle.” But the vehicle had to cross a street, aim itself at Parra-Hernandez, and accelerate in order to strike him. At no point was the man “running in front” of an ICE vehicle, unless you consider being struck in the back by an ICE vehicle to be exactly the same thing as “ran in front.” And there’s no legitimate reason for moving the “suspect” vehicle to the parking lot, especially since the running over of a person had turned the entire area into a crime scene.
And it is a crime scene. Responding local officers appeared to believe it was. And their suspicions were echoed by local prosecutors, who are now publicly stating the running over of Parra-Hernandez was a criminal act.
A U.S. Immigration and Customs Enforcement officer appeared to intentionally drive a vehicle into a Mexican construction worker in Houston then fled the scene, a prosecutor said Wednesday, rejecting the agency’s claim the man stepped in front of the vehicle while running from authorities.
[…]
[Harris County District Attorney Sean] Teare said ICE already had two detainees in the SUV — a Jeep Cherokee — when it ran over Parra Hernandez, and his office will get statements from both of them before making a charging decision, likely next week.
His office spoke with Parra Hernandez on Tuesday in the hospital.
“What I’ve seen so far indicates to me that this agent intentionally struck this person and ran him over,” Teare said.
The other part of the ICE statement is equally meaningless. Any time ICE officers kill, maim, or engage in violence against people, officials always claim these were the inevitable result of ICE engaging in “targeted” arrest efforts. But plenty of cops — even some of the worst ones — can affect arrests without killing or injuring people, much less accelerating hundreds of feet to run over someone who is fleeing.
What makes this even more meaningless is that the alleged target of this failed arrest attempt is most likely not even alive.
When immigration agents struck a man with an S.U.V. in Houston over the weekend, they said they were chasing an undocumented Mexican man facing deportation and multiple criminal charges. But the photo they shared of their target was of a man whose family says he died almost a decade ago.
[…]
That day, ICE released a photo of the man they said they were seeking and said he had not been captured.
But Jamie Jimenez, of Dallas, said the man in the photo was her father and that he died in 2017. He plunged to his death from a cliff as he fled immigration agents near the southern border, she said.
While there are some complicating factors here, including the fact that one suspect ICE may have been seeking used this dead man’s name as an alias, there’s little reason to believe ICE did anything more than search a database and self-issue an administrative warrant.
First off, the name in the ICE statement is wrong. The photo it released appears to match the dead man: Jose Jimenez-Mendoza. The name ICE used in its statement is close, but definitely isn’t the same: Jose Mendoza-Cervantes. The fact that Jimenez-Mendoza had faced the same criminal charges as the named suspect in the ICE statement — DUI and unlawful possession of a firearm — strongly suggests ICE didn’t do any due diligence and just decided to go after whoever it managed to find that had a name close to the search results, rather than actually try to find the right suspect to arrest.
None of this would ever have come to light either if ICE officers had decided to operate like public servants, rather than rogue operatives who answer to no one. And if there’s body cam footage of this attempted vehicular manslaughter, odds are we’ll never see it. And that’s a big if. Chances are no footage exists, even if the officers were equipped with the now-mandatory cameras.
What’s undeniably true is that ICE officers ran over someone and that the footage of the incident very strongly suggests this act was deliberate. And all the government has now is an immigrant who wasn’t even on its radar facing multiple surgeries to repair his leg and another guy the government doesn’t even know the name of who managed to successfully flee the scene. What it doesn’t have is any legitimate arrest or anything that might possibly justify its actions.
The age of initiative [Seth Godin's Blog on marketing, tribes and respect]
We’re unprepared.
In high school, the quarterback isn’t allowed to call the plays, the actor isn’t allowed to write the lines and the math whiz isn’t allowed to choose what to prove.
We all grew up in the age of compliance (and indoctrination).
The long tail of the internet and the astonishing leverage of AI has made this training much less valuable.
No matter what you do for a living, there’s a machine standing by, waiting for instructions. Instructions from you, if you choose, or from your overlords if you don’t.
And following the playbook isn’t much help, because the world is changing so fast, a playbook is obsolete by the time someone hands it to you.
One reason AI got such a fast start is that it gave people seeking compliance a chance to wait for the AI to tell them what to do next. Quick, cheap answers.
AI gives bosses a cheaper (and often more compliant) alternative to hiring humans to do some tasks.
For those indoctrinated to comply, this is stressful. The stress is due to a desire to get things back to normal, to give them a chance to comply again, but right here, right now, is as normal as things are ever going to get. “Good jobs” are no longer sinecures where success comes from following instructions.
It’s an abrupt change, and winging it is insufficient. Handling this sudden transition alone is too difficult. But we have a chance to find the others, to connect and be part of a cohort that challenges, educates and encourages each other on the path to find a way forward.
We accepted that it was required to spend years being trained to handle a life of compliance. Now we have the chance to lean into the hard work we’ll need to do to thrive in an age of initiative.
The Trump Pardon Mill [The Status Kuo]
Venezuelan banker Julio Herrera Velutini thought he understood how to get things done in government. Herrera allegedly promised to fund the 2020 campaign of Puerto Rico’s governor, Wanda Vázquez, if she fired the regulator investigating his bank and installed one of his choosing. In 2022, federal prosecutors charged that Gov. Vázquez demanded the financial institutions commissioner’s resignation in February 2020 and later appointed a replacement whom Herrera had “personally selected.”
How very Trumpy of him.
By last fall, Herrera wanted something different from a top government official: a presidential pardon. So his family opened the Trump playbook and went to work. Herrera’s daughter, Isabela, registered a Florida company with no public profile and no discernible business. Days later, it hired Alina Habba, Donald Trump’s former personal lawyer, as general counsel. The New York Times reported that the deal pays $10 million a year for four years plus bonuses, guaranteeing her more than $50 million.
I should repeat that number. Fifty. Million. Dollars.
Is there any world in which Habba’s legal services are worth that much? Especially given her track record of poor legal judgment? The timing suggests another poor decision. She finalized the deal while still acting U.S. attorney for New Jersey. And she started work as “general counsel” for the company on Jan. 1—when she was still a senior adviser to the attorney general.
That matters legally, as I’ll explain below. Weeks later, Trump granted Herrera a full and unconditional pardon. Habba, the Justice Department and the White House all deny she played any role in it.
Sure.
Fifty million reasons
By the time Habba arrived, Herrera’s legal troubles had already shrunk considerably. In August 2025, his lawyer, Christopher Kise, a former Florida solicitor general who once represented Trump, negotiated a deal with the Justice Department under which Herrera pleaded guilty to a single misdemeanor campaign finance charge.
Vázquez also pleaded guilty that month to a campaign finance violation, under a deal that dropped the bribery and fraud charges. The lenient pleas disappointed career prosecutors who had pushed for harsher sentences.
But Herrera still saw the misdemeanor as a stain on his record, so Kise went to work on a clemency petition. By then, money had already started flowing to a Trump-affiliated group. Isabela Herrera gave $2.5 million to the pro-Trump super PAC MAGA Inc. in December 2024, while her father still faced felony charges, and gave another $1 million in July 2025.
As of fall 2025, the pardon still hadn’t come. Maybe Kise just wasn’t as plugged in as Herrera needed.
Habba’s own circumstances were shifting. In August 2025, a federal judge ruled that she had been serving as New Jersey’s top federal prosecutor without lawful authority. A federal appeals court unanimously upheld that ruling, and Habba resigned on Dec. 8. She stayed at the Justice Department as “Senior Adviser to the Attorney General for U.S. Attorneys.” The role came with an office and a continued protective detail from the U.S. Marshals Service. She served as a “special government employee,” a status that permits up to 130 days of federal work a year and outside employment, subject to conflict-of-interest restrictions.
Concord Partners, the company paying her more than $50 million, remains a mystery; its business is unclear even to some people associated with the Herrera family’s holdings. In July, the family office, Banvelca, announced that Isabela would lead it. Neither the announcement nor her company bio mentions Concord.
In January, Trump pardoned Herrera, Vázquez and Mark Rossini, a former FBI agent who consulted for Herrera. Vázquez’s sentencing had been set for later that month, with prosecutors seeking a year behind bars. Kise said his client was “profoundly grateful to President Donald J. Trump for bestowing the grace of his benevolent pardon.” People familiar with Habba’s contract told the Times they believed she had been hired to help with Herrera’s pardon push and were surprised by the size of her pay.
But is any of that money intended for the guy who issued the pardon? After all, it’s quite a large sum to pay someone who supposedly did nothing to move the pardon ball. The reporting has not established any direct money link to Trump, but my political Spidey senses are tingling, and it’s a question worth investigating.
The Justice Department says Habba never spoke to anyone about a pardon. A White House official said she had nothing to do with it and pointed to a review process run by the White House Counsel’s Office and the Justice Department. Habba herself posted a response on X titled “Big Scoop”:
After leaving public service, I’ve gone back to doing what I have done for my entire career: being a lawyer. If the New York Times simply went back and looked at their own reporting, they have already credited another capable attorney for what he successfully did without me and took credit for. Any insinuation that my employment — all of which has been vetted and disclosed to the D.O.J. — had anything to do with securing a pardon is false and defamatory.
So, Habba is going to sue the Times? I’d love to see the discovery in that case.
The “capable attorney” she referenced appears to be Kise, whom the Times reported Herrera had deployed on the clemency push.
Paying the piper, or the prosecutor
Stories like this raise the same questions. Is it a crime to buy a pardon? If so, who can be charged: the family that paid, the lawyer who collected or the president who signed it? And can a pardon obtained that way be undone?
The answers depend on who took the money and in what capacity, and on how much protection the radicals on the Supreme Court have already given the president.
The first answer surprises many and speaks volumes about our broken system. Paying someone to try to obtain a pardon is not inherently illegal. A clemency seeker can hire a lawyer or a lobbyist to press their case before the White House, and in Trump’s second term brokers’ fees have climbed as high as $3 million, according to CBS News. The White House insists anyone doing so is “foolishly wasting their money.”
Uh-huh.
Things get messier when the payment buys an official act. The federal bribery statute, 18 U.S.C. § 201, makes it a crime under subsection (b) to “corruptly [give, offer or promise] anything of value to any public official,” with the intent to influence an official act. An official who corruptly accepts such a payment in exchange for an official act also commits bribery. The maximum prison sentence is 15 years.
The money need not go into the official’s own pocket: The bribery provision also covers payments directed to another person or entity.
Section 201(c) covers gratuities. Anything of value given to a federal official “for or because of” a specific official act, with no corrupt bargain required, is punishable by up to two years in prison. The Supreme Court walked through that two-tier structure in Snyder v. United States in 2024, describing Section 201(c) as “the gratuities provision for federal officials.”
The statute defines “public official” to include any officer, employee or person acting on behalf of the United States or any of its departments. Here, Habba was acting U.S. attorney when she finalized the Concord deal and a senior Justice Department adviser when she started the job. That status separates her from Jack Burkman and Jacob Wohl, the convicted robocall fraudsters who took $960,000 from nursing home operator Joseph Schwartz to lobby for his pardon. Trump pardoned Schwartz, and Burkman and Wohl were private lobbyists. The arrangement was shady but paying private lobbyists to seek a pardon is not itself illegal. By contrast, Habba held federal office when she signed the contract and when she started the job.
The statute offers future prosecutors two possible routes. If the Herreras paid Habba to use her Justice Department position to advance the pardon, the payment could fall under § 201. If the contract was the price of the president’s signature, with Habba as the conduit, the case runs straight to Trump—and the immunity question I’ll cover later.
A narrower statute could also apply to Habba. Under 18 U.S.C. § 203, a special government employee may not accept compensation for representational services before the federal government in a particular matter involving specific parties pending in her own department. The statute limits that restriction for employees who served 60 days or fewer at that department in the preceding year; they remain covered for matters in which they personally and substantially participated as government employees. Habba had led New Jersey’s U.S. attorney’s office from March through December 2025, so her prior service would count toward the 60-day threshold.
Clemency petitions traditionally run through the Justice Department’s Office of the Pardon Attorney, though CBS News found that about 70 percent of Trump’s second-term clemency actions bypassed the department. Whether Herrera’s did is unknown. Habba denies doing any pardon work.
Finally, the $3.5 million Isabela Herrera gave to MAGA Inc. faces a higher legal bar. Proving that a political contribution was a bribe generally requires an explicit exchange. In McCormick v. United States, the Supreme Court held that a campaign contribution becomes a crime “only if the payments are made in return for an explicit promise or undertaking by the official.” The Court reasoned that soliciting contributions is “unavoidable so long as election campaigns are financed” privately. That case concerned extortion under the Hobbs Act; applying its rule to a super PAC contribution alleged to violate § 201 would require further legal analysis. The Court reasoned that soliciting contributions is “unavoidable so long as election campaigns are financed” privately. Still, the Justice Department has treated contribution-for-pardon offers as possible bribery before. In 2020, then-Chief U.S. District Judge Beryl Howell unsealed an opinion describing a department investigation into a scheme in which a person “would offer a substantial political contribution in exchange for a presidential pardon or reprieve of sentence.” No charges were reported.
“Immune, immune, immune.”
You can probably guess the frustrating next question. Even if someone broke the law here, didn’t the Supreme Court make Trump immune from prosecution for exactly this? And couldn’t he pardon everyone else involved, including the people who paid for the pardon?
I wish I had better news. The short answers are probably yes and yes, with a few wrinkles that offer little comfort.
The pardon power comes from Article II, which gives the president authority to “grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” In Trump v. United States, the Supreme Court’s conservative majority placed that power at the top of its immunity hierarchy. Chief Justice John Roberts wrote that the president’s authority to pardon is “conclusive and preclusive.” For powers in that category, the Court granted former presidents absolute immunity from prosecution for their official acts and barred inquiry into their motives for those acts. Whether that also shields a separate agreement to accept a bribe remains unresolved.
Justice Sonia Sotomayor’s dissent named this exact scenario:
Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune. Takes a bribe for a pardon? Immune. Immune, immune, immune.
The majority left an opening for bribery prosecutions. In a footnote answering Justice Amy Coney Barrett’s concurrence, Roberts wrote that prosecutors in a bribery case could use the public record to show the official act and introduce evidence of what the president allegedly demanded or received in return. But prosecutors could not use testimony or private records probing the official act itself.
Legal analyst Jordan Rubin of MS NOW writes that whether the ruling truly immunizes a bribe-for-pardon president “would have to be tested in a future case.” He adds that the ruling also limits investigators’ ability to dig into a former president’s official acts, which would make proving such a bribe harder.
The immunity belongs to the president alone. The Herreras and Habba do not share that immunity; as Rubin notes, the president’s liability is separate from the briber’s.
But any federal criminal case against them would have to come from the Justice Department, which under Trump isn’t going to happen.
A president could also pardon the bribers for the bribery itself, as Rubin points out. Federal bribery charges generally carry a five-year statute of limitations, so a deal struck in fall 2025 would remain chargeable into 2030, a year after Trump leaves office, unless he pardons them first.
In other frustrating and bad news, Herrera’s pardon is also likely beyond reach. Rubin points to a 2021 survey of the historical record by law professor Albert Alschuler, which found that courts voiding fraudulent pardons did so when the pardoning authority had been tricked and that no decision appears to address a pardon the grantor himself was paid to issue. Given how broadly courts read the pardon power, Rubin doubts any court would void one.
That leaves political remedies, which may feel unsatisfying. The Constitution names bribery among the impeachable offenses, and the pardon power does not extend to cases of impeachment. Congress can also investigate.
Rep. Jamie Raskin (D-MD), the top Democrat on the House Judiciary Committee, declared in September that Democrats are “looking at everybody along the assembly line of clemency for cash.” Senate Minority Leader Chuck Schumer (D-NY) stated that “all of this will be investigated and, if necessary, prosecuted when Democrats retake Congress in November.” Congress could investigate and make criminal referrals; prosecution would remain the Justice Department’s job.
Clemency, adjusted for inflation
For the lawyers, lobbyists and loyalists around Trump, the money attached to pardons has been climbing since his first term.
In January 2021, the New York Times reported that Karen Giorno, a former top Trump campaign adviser had reportedly been paid $50,000 under a 2018 agreement to seek a pardon for former CIA officer John Kiriakou, with a $50,000 bonus promised if the president granted it. Kiriakou said that during a meeting with Rudy Giuliani, someone else in the room told him, “It’s going to cost $2 million — he’s going to want two million bucks.” Giuliani denied ever seeking payment for a pardon.
In Trump’s second term, the numbers grew. In April 2025, Elizabeth Fago attended a $1 million-per-person fundraising dinner at Mar-a-Lago. Less than three weeks later, Trump pardoned her son, Paul Walczak. Prosecutors said Walczak failed to pay nearly $11 million in payroll taxes, including millions withheld from his nursing home employees’ paychecks, and used more than $1 million from his businesses’ accounts to buy a yacht. The pardon spared him nearly $4.4 million in restitution.
In November 2025, as mentioned earlier, Trump pardoned Schwartz three months into a three-year sentence for failing to pay more than $38 million in employment taxes. Months earlier, Schwartz had paid Burkman and Wohl’s firm $960,000. The family of a retired nurse who died at one of his facilities won a nearly $19 million wrongful-death judgment against him but has never collected a dollar.
The largest sums have flowed to the Trump family itself. In October 2025, Trump pardoned Binance founder Changpeng Zhao, who had pleaded guilty to failing to maintain an anti-money-laundering program. Earlier that year, World Liberty Financial announced that an investment fund in the United Arab Emirates would use $2 billion worth of its USD1 stablecoin to buy a stake in Binance. World Liberty is the crypto venture Trump launched with his sons, and Trump’s financial disclosure showed more than $57 million in income from it in 2024. CBS News reported that Ches McDowell, a lobbyist close to Donald Trump Jr., helped secure Zhao’s pardon.
If you’re keeping track, Kiriakou paid $50,000. Fago paid $1 million for a seat at dinner. Schwartz paid his lobbyists $960,000. Habba’s contract guaranteed her more than $50 million.
All this points toward a compelling need to reform the pardon system, including constitutional amendments to curb presidential abuse of clemency and eliminate presidential immunity from criminal prosecution.
While such amendments may seem out of reach today, given how politically polarized the nation remains, the public is now highly focused on the brazen corruption taking place daily with this regime. Placing limits on presidential power under a Democratic president in 2029 (heavens willing) may even appeal to Republicans in Congress and to the many red-state legislatures needed to ratify such reforms.
Brendan Carr, A Weak Coward, Threatens Journalists For Covering Polls Trump Doesn’t Like [Techdirt]
Brendan Carr is a silly, hypocritical fascist who splits his time between destroying U.S. consumer protection standards and media consolidation limits, and abusing his position as FCC boss to threaten broadcast networks for airing stuff like comedy. Or journalism. Or politicians that the increasingly-unpopular President is clearly afraid of.
Lately Trump has been complaining about the numerous polls all showing that he’s historically unpopular due to stuff like covering up for a pedophile and launching a disastrous war that’s driving up the cost of living for everybody. Most polls show Trump’s likely to sink Republicans in the midterms.
So like a dutiful little yipping chihuahua, Carr took to Elon Musk’s right wing propaganda website on Wednesday to once again hurl threats at journalists for the “crime” of…covering polling that clearly shows the U.S. President is historically unpopular:

If you can’t read it, it starts with Carr making the false claim that there’s a bunch of fake polls circulating that journalists are unethically repeating en masse. This is silly fascist code for the fact that Republican internal polling data indicates Trump’s fading health and political power are going to be an albatross around their necks this midterm voting season:
“During this election season, there has been a significant surge in entirely Fake Polls and Suppression Polls designed to do nothing more than interfere with the regular functioning of the electoral process and alter the normal patterns of voter turnout and enthusiasm.
Many journalists and broadcasters have been amplifying or airing these Polls without regard to basic journalistic ethics and without informing the public that those Polls lack a scientific, accurate, or even real basis.”
Carr continues by once again threatening to harass media companies for discussing polls the thin-skinned president and his pasty sycophants don’t like. He also, once again, falsely claims that he has the authority to act (read: censor media companies) under the FCC’s dated “broadcast news distortion” rule:
The FCC takes these issues seriously. Broadcasters are prohibited by the terms of their federal licenses from engaging in News Distortion or promoting Broadcast Hoaxes. It is important that broadcasters comply with their public interest obligations. After all, the country benefits greatly when Americans can trust and rely on the media to report the news fairly and accurately.
Broadcasters are advised to avoid engaging in News Distortions or running Broadcast Hoaxes by airing Polls that would violate their regulatory obligations. If broadcasters believe they should provide their viewers with additional context and information about Polls they have covered, they can now take those actions consistent with FCC regulations.”
This is Carr pretending to be important. He really likes when people are afraid of him and when the press talks about him. But as with his threats against ABC, this is an obvious violation of the First Amendment, an abuse of his office, and a giant turd of a legal case should he pursue it.
It’s worth noting (and it’s not something most press coverage discusses) that one benefit of Carr’s endless censorship saber rattling is that it obscures how much damage he’s doing on issues like media consolidation and consumer protection, stuff the corporate press couldn’t care less about.
The FCC’s broadcast news distortion rule, created in 1949, gives the agency the power to punish media companies for clear ethical violations involving an intentional, misleading distortion of “a significant event and not merely a minor or incidental aspect of the news report.”
Ideally, this would be something like a media company taking a large bribe from a company or public official to kill a story. The FCC had only actually used the rule eight times between 1969 and 2019, and few of those actions actually resulted in serious, substantive punishment. It most certainly doesn’t apply to a right wing politician trying to censor news the President doesn’t like.
A bipartisan array of former FCC officials recently pointed out that the rule should probably be eliminated altogether, as it inherently risks violating First Amendment principles, chills journalistic speech, and as Carr demonstrates is easily abused by radical extremists.
In a statement, Anna Gomez, the FCC’s only Democratic Commissioner (because Republicans simply refuse to approve any others), reiterated that Carr’s threats are empty:
“Pollsters who intentionally mislead the public should answer for it, but broadcasters who report publicly available polling data should never be punished when a poll is wrong. FCC rules on news distortion or hoaxes do not apply to a station that reports this data in good faith.”
These Carr threats worked initially because companies were afraid of the President — or at least really liked tax cuts and deregulation, and didn’t want to be subject to costly legal harassment. But as Trump’s political power wanes those threats will continue to hold less and less weight, and corporations (as we’ve seen with both ABC and the BBC) will start showing more and more backbone.
You’d like to think Carr will be held accountable for his historic abuses of FCC authority and trampling of the First Amendment, but his most likely fate remains a high six figure gig at some telecom industry think tank where he comfortably spends the rest of his days finding creative ways to reduce competition for the large companies (AT&T, Comcast, Securus) he’s very clearly captured by.
‘VPNs at Risk’: Tech Coalition Pushes Back on Piracy Blocking Duties for VPNs [TorrentFreak]
When Rep. Darrell Issa introduced his site blocking bill last month, VPN providers made the list.
The American Copyright Protection Act (ACPA) would allow courts to order ISPs, DNS resolvers, and VPNs to block foreign pirate sites.
The competing DEFEND IP Act, introduced days later by Rep. Zoe Lofgren and Sen. Thom Tillis, does the opposite. It explicitly excludes services that only offer VPNs.
The VPN industry has a voice in U.S. blocking debates through the Internet Infrastructure Coalition (i2Coalition). In addition to representing companies such as Amazon, Cloudflare, and Google, the group runs a VPN Trust Initiative, with ExpressVPN, NordVPN, and Surfshark as founding members.
The coalition has been relatively quiet in recent site blocking discussions, but today, on Global Encryption Day, i2Coalition published a report titled “VPNs at Risk.”
Like last year’s DNS at Risk report, it warns against turning neutral infrastructure into a copyright enforcement tool.

Copyright enforcement is one of the reasons governments consider regulating VPNs, the report notes. VPNs can be used to bypass blocking measures and may make it harder for rightsholders to identify infringers or enforce geographic licensing restrictions.
France has been one of the prime examples of this type of regulation, i2Coalition notes. In May 2025, a Paris court ordered NordVPN, CyberGhost, Surfshark, ExpressVPN, and Proton VPN to block 203 pirate sports streaming domains at the request of Canal+.
“These cases, brought by rightsholders before French courts, illustrate how obligations imposed at one layer of the Internet can migrate to another when users find alternative technical paths around court-ordered restrictions,” the report notes.

That raises a broader question.
According to the report, the issue is not just which intermediaries can be ordered to block, but whether these measures actually reduce piracy, and what side effects they have for lawful users.
The French legal battle isn’t over either.
The report describes the decisions as “currently pending appeal,” but it doesn’t mention the latest twists. On September 30, the Paris Court of Appeal put an appeal by NordVPN, Proton, and CyberGhost against a similar order, obtained by football league LFP, on hold. It will first wait for a ruling from France’s Supreme Court, the Cour de cassation, in related DNS blocking cases.
A week later, the Paris court refused beIN’s request for daily penalties against VPN providers and Cloudflare, which had not fully blocked the targeted sites.
i2Coalition is aware of these developments but will keep the report text as is.
“We’re following those proceedings, including the pending Cour de cassation outcome. We’re keeping the text for this release, but those developments will inform future updates. They don’t change our broader concern about the implications of extending blocking obligations to VPN providers,” Executive Director Christian Dawson tells us.
The report doesn’t ask for a VPN exemption from any and all regulation. Instead, it urges lawmakers to be precise, and to take measures where they make the most sense.
“Policymakers should consider where meaningful knowledge and control actually reside and whether an obligation can be directed toward the relevant conduct or service before moving deeper into general-purpose Internet infrastructure. The further an intervention moves from the activity being regulated, the greater the need to consider its effects on unrelated users and services,” the report reads.

Targeting the right layer is particularly important when it comes to VPNs. Consumer VPN services and corporate networks rely on many of the same underlying technologies, including protocols such as OpenVPN and WireGuard.
The report notes that Russia’s reported blocking of these VPN protocols shows how hard it is to tell the different uses apart at the network level.
When it comes to liability, i2Coalition points to the U.S. Supreme Court’s Cox ruling from earlier this year. This ruling confirmed that continuing to provide an Internet service, while knowing that some customers may misuse it, isn’t enough on its own to establish contributory copyright infringement.
The group sees the principles from this ruling as relevant to VPNs as well, but it doesn’t claim the matter is settled.
“If providers face liability merely because general-purpose services can be misused, they may have strong incentives to terminate users, restrict access, or intervene preemptively even when they have limited knowledge of the underlying conduct. Obligations should therefore reflect what an intermediary can reasonably know, control, and address,” the report warns.

“We see those principles as relevant to the debate around VPNs, but we aren’t suggesting that the ruling automatically determines the outcome of every VPN case. That would depend on the facts and legal issues presented,” Dawson notes.
VPN providers are not completely without responsibilities. According to the report, they can strengthen trust through independent audits and cooperation with legitimate legal processes. Voluntary programs, such as the VPN Trust Initiative’s own Trust Seal, can complement these efforts.
Lawmakers, in turn, should involve VPN providers and other technical experts from the start when they want to tackle a problem.
The report doesn’t apply these recommendations to the pending site blocking bills, as neither ACPA nor DEFEND IP is mentioned.
That’s notable, as ACPA would allow courts to name VPN providers with 100,000 or more monthly U.S. users or subscribers in a blocking order. That’s a position VPN companies would rather not be in.
TorrentFreak asked i2Coalition why the report doesn’t mention the two bills. Dawson says that the group is following both proposals, but that this particular report focuses on other developments.
“For this edition, we’ve focused on the developments covered in the report rather than trying to capture every pending legislative proposal. We expect to revisit US legislation in a future update as the debate develops,” Dawson says.
For now, both bills remain pending. Issa retires at the end of the year and Tillis’s term ends in January, so both bills would have to move ahead before the current session closes.
—
A copy of i2Coalition’s “VPNs at Risk” report is available here (pdf).
From: TF, for the latest news on copyright battles, piracy and more.
The GOP Projection Is Getting Truly Wild [The Status Kuo]
Less than two weeks before the midterms, Republicans are fighting for ground they once took for granted. As the party grows more desperate, its attacks have grown more vicious and more personal, while Donald Trump dangles ever more outlandish rewards before his followers.
Men who built fortunes on hype now brand their opponents as serial liars. A regime that has grown fabulously rich through brazen corruption now wants Americans to turn in their neighbors for fraud. And White House officials, from a tacky gold-inlaid Oval Office, point to the cars and houses of an immigrant community as proof that all its members are criminals, even as millions of ordinary Americans struggle to put food on the table.
The GOP projection is off the charts. It’s causing real trauma and pain. They want us to throw up our hands in surrender, or give them a pass.
Sorry. Not on our watch.
Who’s the real serial liar, Vivek?
This week, pro-Ramaswamy accounts began circulating a one-minute video of a woman speaking directly to the camera. She is Donna Arthur, the estranged mother of Dr. Amy Acton, the Democratic nominee for governor of Ohio.
“I love my daughter, but when I saw her lying about her opponent—it is not easy for a mother to say this, but Amy has a serious problem. She is a liar,” Arthur says.
In the video, Arthur claims her daughter lied about growing up homeless and living in a tent. Acton, pointing to the record, told WOSU that her mother was “eventually arrested, the court documents show, from the tent.”
Acton said the last time she saw her mother was in a courthouse after her stepfather was charged with raping her when she was a child—a fact the video omits. Acton’s brother, Philip Stearns, described what followed in a statement issued Tuesday:
“After he was arrested and Amy and I were removed from their custody, our birth mother stayed married to Amy’s rapist until he died. This desperate, disgusting attack reveals exactly who Vivek Ramaswamy is at his core – a pathetic excuse for a man who is willing to hurt anyone as long as it gets him what he wants.”
The video initially carried no disclaimer, and no one claimed responsibility for it. At first, Ramaswamy’s campaign simply doubled down on its central charge.
“We don’t know what happened between Amy and her mother, who first spoke out about Amy in 2020, but we know that Amy Acton is a serial fabulist who has some serious problems with the truth that the public needs to be aware of before deciding who to entrust as governor,” the campaign said.
Then on Tuesday night, Ramaswamy told reporters, “It is an ad from our campaign.” His campaign said it would spend $4 million to promote it.
Acton pushed back in an interview with Spectrum News. “I won’t normalize somebody who has said that my childhood is something I’m just complaining about, who today just released an ad using my birth mother who I was removed from at the age of 12 for severe abuse and neglect, sexual abuse,” she said.
The attack ad surfaced as Ramaswamy’s position was slipping. A Marist poll released Tuesday found Acton leading 50 percent to 43 percent among likely voters, with independents backing her 53 to 34. Decision Desk HQ moved the race from toss-up to lean Democratic the same day.
Ramaswamy knows something about selling a story. His company acquired the rights to an Alzheimer’s drug, intepirdine, from GlaxoSmithKline for $5 million and built a new company, Axovant, around it. Axovant’s June 2015 IPO raised $315 million, then the largest biotech debut on record. Ramaswamy made the rounds of financial television promoting the drug. That same year, he sold part of his stake in Roivant, Axovant’s parent company, reporting more than $37 million in capital gains on the tax returns he later released as a presidential candidate.
His spokesperson at first denied that he had profited, then acknowledged the sale, describing it as a small portion he was forced to sell to bring in an outside investor. Yale’s Jeffrey Sonnenfeld, writing in Fortune, described the pattern as “almost resembling a classic pump-and-dump scheme.”
On Sept. 26, 2017, Axovant announced that intepirdine had failed its Phase 3 trial. The stock plunged and never recovered, and the company was dissolved in 2023. Authorities have never alleged criminality, and Ramaswamy has rejected allegations that his fortune came from misleading investors.
The man who got super-rich hyping a failed drug is now accusing his opponent of lying about living in a tent (despite a court record of it). And his campaign is using her estranged mother to do it—the woman who stayed married to the man charged with raping her daughter.
Great look, man.
Snitches get riches
On Tuesday afternoon in the Oval Office, Trump and Vice President JD Vance unveiled a $25 million program to pay Americans for reporting fraud. The Justice Department says eligible tips submitted through fraud.gov can earn discretionary awards of $10,000 to $30,000 after criminal charges are filed. Participants remain eligible for additional awards through other whistleblower programs.
Trump described a far more ambitious program:
“If anybody turns anybody in [for fraud of] a billion dollars, $5 billion, $100 billion, you get a 1 percent commission… All of those people that are willing to do the right thing and turn people in … they’re gonna become rich. When you get 1 percent of a billion dollars, 1 percent of a hundred billion dollars, it’s gonna be a tremendous amount of money.”
He extended the offer to the reporters in the room, saying they could take part if they got approval from their outlets. When The Independent’s Andrew Feinberg pointed out that whistleblowers already collect far more under the False Claims Act, Trump waved it off. “At 1 percent, people will make millions and millions of dollars,” Trump insisted.
That law already gives a whistleblower between 15 and 25 percent of what the government recovers when it joins the case, and up to 30 percent when it doesn’t. The new program’s published terms allow an initial award of up to $30,000, with larger payments possible through other programs—not the automatic commission Trump described. Minutes later, Trump snarled at Feinberg, “I don’t know who the hell you are, but you better be careful.”
The first check, for $10,000, went to Nick Shirley, a YouTuber. “Nick Shirley has been at the forefront of the battle to stop the horrible plague that has happened within our country,” Trump said.
Shirley’s 42-minute video last December showed him confronting Somali employees at Minnesota day care centers he claimed were empty. But NPR reported that his specific allegations had not been verified. One center’s manager even said Shirley had shown up outside its regular hours. Asked by CNN how he knew his allegations were true, Shirley simply said, “Well, we showed you guys what was happening, and then you guys can go ahead and make your own analysis.”
The regime now paying Americans to report their neighbors for fraud has spent nearly two years dismantling the government’s capacity to catch it at the top. The Justice Department’s Public Integrity Section, created after Watergate to prosecute public corruption, has been decimated, and in a single year Trump pardoned at least 15 former elected officials and co-conspirators convicted of corruption. Meanwhile, Trump himself has cashed in: Forbes now estimates the president is $2.7 billion richer than when he won the 2024 election. “No one in American history has made so much money on politics,” the magazine concluded.
Just one week before Tuesday’s announcement, Trump forced out U.S. ambassador to Greece Kimberly Guilfoyle after a Trump donor produced texts showing she had asked him for $100,000 to pay her American Express bill before her confirmation hearing.
And on Tuesday night, The New York Times reported that the family of Julio Herrera Velutini, a Venezuelan-Italian billionaire accused of trying to bribe then-Puerto Rico Gov. Wanda Vázquez, guaranteed former Trump lawyer Alina Habba more than $50 million over four years. Weeks after she started work, Trump granted Herrera a full and unconditional pardon. What timing!
Habba denied playing any role in the pardon.
Sure. Because that woman is clearly worth $1 million a month.
Pants optional, Mercedes required
Stephen Miller took his turn at the same Oval Office event. Pointing to Shirley’s work, the White House deputy chief of staff described Somali Minnesotans in sneering terms. “They buy Mercedes, they buy BMWs, they buy a mansion, they buy a nice house… All their kids fly first class all over the world.”
Trump piled on. Asked whether Rep. Ilhan Omar (D-MN) could be deported, Trump said, “She could be. She could also go to jail.” Then he turned to her birthplace. “She comes from a country that is essentially not even a country,” Trump said. “It’s a real shithouse.” He went on to claim, falsely, that 98 percent of Somalis in the country do not work.
The White House’s vile messaging on the Somali community is also incoherent. On Oct. 12, the same day federal agents searched Omar’s Washington home, Trump told a rally in Youngstown, Ohio, that Somalis were “low IQ” people who “don’t have pants to wear.” Yet in the same riff, he said Somalis arrive with nothing “and they’re the number one buyers of Mercedes-Benz and BMWs in the state of Minnesota.”
Here are the facts. Across the three major federal fraud cases in Minnesota, prosecutors have charged 86 defendants of Somali descent. The Census Bureau counts roughly 107,000 people of Somali descent in the state. That works out to fewer than one person charged in those cases for every thousand. The overwhelming majority of Somali Minnesotans are American citizens. Nearly 58 percent were born in the United States, and 87 percent of those born abroad have naturalized. Among Somali Minnesotans age 16 and older, labor force participation is about 72 percent.
The largest scheme, Feeding Our Future, was masterminded not by a Somali but by a white woman, Aimee Bock, whom a jury convicted in 2025 and a judge sentenced this year to more than 41 years in prison. When charges were first announced in 2022, the Justice Department said defendants had spent the proceeds on luxury vehicles, real estate in Minnesota, Ohio, Kentucky, Kenya and Turkey, and international travel.
Yet the punishment has landed on the wider community and all of Minnesota. After Shirley’s video, the regime froze federal child care funding to the entire state. Trump ended Temporary Protected Status for Somalis and surged ICE agents into the Twin Cities, targeting a region with a large Somali population. At a Cabinet meeting last December, he said Somalis “contribute nothing” and told them to go back where they came from. Omar, who says she was among the first members of Congress to ask the Agriculture Department to investigate the fraud, told CBS: “[T]his also has an impact on Somalis, because we are also taxpayers in Minnesota.”
Miller’s smear of a whole community for lavish spending is the height of irony and peak projection. Fifty-seven corporate donors and others have given $330 million toward Trump’s 90,000-square-foot ballroom. While the Trumps and their allies party at Mar-a-Lago with champagne and caviar served on ice sculptures, more than 5 million Americans have lost their SNAP benefits.
Voters have grown wise. In a Fox News poll taken Oct. 9-12, government corruption topped the list of voter concerns, with 60 percent saying they were extremely concerned about it, edging out inflation at 58 percent. “Look over there at those Black and brown people” may still work with some of the base. But after years of nonstop misdirection to cover the regime’s brazen money grabs, the hate-powered gravy train is nearing its last stop. Decision Desk HQ now rates Democrats “clearer favorites in the House and very slight favorites in the battle for the Senate.” If that holds, the electorate will deliver a punishing midterm blow and put Democrats back in charge of one chamber of Congress, if not both.
And in 2027, let the investigations, subpoenas and hearings begin.
Epic Rolls Out Vibe-Coded Launcher Update & It’s Absolute Trash [Techdirt]
Alright, I don’t quite know what to make of what Epic Games is doing with this AI-driven nonsense, but it’s not great. I’ve spent a bit of time trying to argue that new AI technology has some place in this industry, but Epic and its leadership appears to be trying to personify every last thing the never-AI-ers state they’re worried about. First it was Tim Sweeney trying to argue that Steam’s AI disclosures are “irresponsible“, which is so obviously stupid that it hardly needs a retort. Then, more recently, Epic’s leadership messaged to its own internal developers that use of AI is not a potential useful option, but is compulsory and mandated. It seems Epic wants to be the corporate goon the naysayers have said to watch out for. And with the company pulling this kind of shit, it gets harder and harder to argue with them.
But now, in a simply bizarre scenario, Epic has decided to boast about how awesome its new vibe-coded storefront launcher is, while anyone using it can see that it’s pure hot garbage.
“Programming is hard,” the company wrote in its official announcement post for a newly released preview version of a revamped launcher for the store. “So, instead of doing that, we vibe coded a new Epic Games Launcher that’s way faster and more responsive than the current one, and has a new look. This first release is light on features. Think of it as a speedboat and not a yacht! Though it does have advanced digital commerce technology such as a shopping cart.”
“We vibe coded the Epic Games Launcher to be faster than the other guy,” the Epic X account posted. “Don’t believe us? Test it out for yourself in Preview.” It was accompanied by a graphic showing that the genAI storefront performed faster on certain responsiveness benchmarks than Valve’s competitor. This isn’t just a stunt or a flex for AI boosters on Elon Musk’s social media platform, though. The adults at Epic aren’t joking about wanting to make its storefront more appealing.
Indeed, while some of the messaging about the new launcher was obviously tongue in cheek, Epic didn’t release this new launcher as a joke. Which is incredible, given just how much of the internet is laughing at them over it anyway.
The problems with the launcher are legion and all over the place. Graphical glitches in the launcher sometimes make it look like the end of a solitaire game in Windows 95. In other instances, trying to use the launcher to change game settings opened up an entirely unrelated application.

Other reactions on the wider internet span the range of “lmfao” and “hahahaha” to “please don’t tie any of your actual payment or credit card information to whatever this giant piece of shit is.” If all of this was meant to poke Valve’s Steam storefront in the eye, it backfired spectacularly.
Particularly, as others have pointed out, since Epic still relies on Valve to do other things it can’t seem to do:
Epic also announced that it’s bringing Fortnite to Linux via Proton, a compatibility layer made by, surprise, Valve. “Bold of them to sh*t on Valve/Steam, and then literally use Proton internally for Windows compat on Linux…,” one VR modder wrote on X. “This launcher is so fucking vibeslopped its funny, but holy crap, these people are hilarious.” A Twitch streamer wrote in the comments beneath Epic’s announcement, “Are you seriously incapable of embarrassment? I’m not leaving Steam for this trash.”
If you think AI has a place in the industry, this is all the ammunition the other side of the argument needs, honestly. It might as well be gift-wrapped to the never-AI crowd. If you are in that never-AI crowd, it seems Epic is trying to make all of your Christmases come at once.
This sucks. That Epic is trying to boast over this level of suck is perplexing.
Kanji of the Day: 医 [Kanji of the Day]
医
✍7
小3
doctor, medicine
イ
い.やす い.する くすし
医師 (いし) — doctor
医療 (いりょう) — medical care
医療機関 (いりょうきかん) — medical institution
医者 (いしゃ) — doctor
医療費 (いりょうひ) — medical expenses
医学部 (いがくぶ) — medical faculty
医学 (いがく) — medical science
専門医 (せんもんい) — specialist
主治医 (しゅじい) — attending physician
医師会 (いしかい) — medical association
Generated with kanjioftheday by Douglas Perkins.
Kanji of the Day: 該 [Kanji of the Day]
該
✍13
中学
above-stated, the said, that specific
ガイ
該当 (がいとう) — corresponding to
当該 (とうがい) — appropriate (e.g., authorities)
該当者 (がいとうしゃ) — person concerned
該当なし (がいとうなし) — not applicable
該問題 (がいもんだい) — the matter in question
該博な知識 (がいはくなちしき) — profound knowledge
該案 (がいあん) — the said proposal
該博 (がいはく) — profundity
該氏 (がいし) — the said person
該当事項 (がいとうじこう) — relevant items
Generated with kanjioftheday by Douglas Perkins.
Pluralistic: Adversarial interoperability is a team sport (21 Oct 2026) [Pluralistic: Daily links from Cory Doctorow]
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Enshittification is particularly galling because (in theory, at least), digital technology should be really hard to enshittify.
That's because the only digital computer we know how to build is the "Turing-complete, universal von Neumann machine," which is to say, a calculating engine capable of computing every valid program. In some deep, important, foundational sense, every computer is the same as every other computer. Sure, they vary in terms of speed, storage and RAM, but given enough time and electricity, every computer can run every program.
This has profound implications for enshittification. Say a tech boss takes away a feature you value (as when Sonos pushed an update that removed nearly all the functionality from its "smart" speakers), or adds a feature you hate (like when Chamberlain blocked third-party apps from controlling its garage doors so it could force its customers to view seven ads before they could open or close their garages). At that point, a programmer can write an "interoperable" program that restores the good feature or blocks the bad one.
This program can be costlessly and instantaneously distributed to every affected technology user, and those users will likely pay something for it. After all, enshittification is a way to shift value away from technology users to tech companies, which makes the case for you paying for disenshittification technology that wrestles that value back.
All of that means that, in a state of nature, companies that are contemplating enshittification need to worry that their greed will tempt new companies to enter the market and poach their customers and suppliers. This alone might be enough to frighten companies off from enshittificatory gambits, and if companies press ahead regardless, then they open market opportunities for better companies that can costlessly, instantaneously usurp the original manufacturer's relationship with their entire affected customer base.
That's how it should work. But in 1998, Bill Clinton signed the Digital Millennium Copyright Act, and Section 1201 of the DMCA establishes a felony (punishable by a five-year prison sentence and a $500,000 fine) for reverse-engineering and modifying technology without the manufacturer's permission. Then, the US Trade Rep spent the next 25 years making sure that every US trading partner had an identical (or even worse!) "anticircumvention" law:
https://pluralistic.net/2025/05/26/babyish-radical-extremists/#cancon
The result is a grotesquely asymmetrical digital world, in which companies are free to use the flexibility of digital computers to downgrade or brick your digital devices, but where you commit a crime if you avail yourself of a countermeasure to get more out of something you own. This is the core technological factor at play in enshittification.
Enter AI. Thanks to vibe-coding, everyday people are rolling their own software for their devices and building the tools to shatter the digital locks that manufacturers use to block disenshittification. An excellent article by 404 Media's Jason Koebler runs down some of these hacks, including drop-in replacements for smart TV software that blocks the endless ads and surveillance that have made TVs all but unusable:
https://www.404media.co/reverse-engineer-anything-is-the-new-wild-west-of-ai/
These AI tools mix several techniques to disenshittify users' devices. One major component is automating the installation of existing alternative firmware for these devices that have been (possibly illegally) created by hobbyists and uploaded to various code repositories. Installing these alternative OSes is typically a gnarly task, requiring the user to do a lot of complex, fiddly, highly technical work to bypass their devices' digital locks.
In a world without anticircumvention law, a company that sold alternative OSes could hire a ton of programmers and UX developers to smooth over this process, but this is beyond the reach of a typical hobbyist or even a community of hobbyists, especially if they must operate in the shadows, under the threat of civil and criminal liability.
There's a useful analogy here to the trajectory of desktop versions of GNU/Linux. The first time I tried to install Linux (on an original iMac, in the late 1990s), the installation process included a multi-week post-installation wrangle that saw me (often unsuccessfully) compiling key modules from source code and then painstakingly configuring them to get the computer's graphics and I/O working reliably.
Fast forward 30+ years and installing Linux is trivial, thanks to highly capitalized companies like Canonical (makers of Ubuntu, the flavor of Linux I've used for nearly 20 years now). Installing Ubuntu today merely requires that you download the OS to a thumbdrive, reboot your computer using the drive as a startup disk, and click "install." Canonical's installer automatically hunts down the correct software for your hardware and configures it. Canonical writes and contributes to a lot of parts of the Linux OS, but the most important work it does is the fiddly, painstaking, labor- and capital-intensive work of perfecting that installer so it Just Works.
Much of what a vibe-coded jailbreaking tool does is stand in for Canonical, but for hobbyist OSes for smart TVs and speakers and many other devices. These LLMs patiently research every weird error and peccadillo and parse through message boards and logfiles detailing other hobbyists' struggles to get the code working and methodically apply and adapt those solutions until your device Just Works.
Some of these vibe-coded interop tools go farther than that. According to Koebler's coverage, some device owners had their coding assistants scratch-build entirely new, heavily customized OSes for their devices, complete with bypasses that allow this new code to be installed despite the manufacturer's countermeasures which are designed to prevent this. Delightfully, many of these users have created software that revives their bricked, discontinued devices. This poses the possibility of a world in which manufacturers no longer have the last word in your use of your own property: the mere fact that the manufacturer lost interest in a device and killswitched it does not mean that you must consign that valuable device to a landfill to become immortal, toxic e-waste.
All of this is good news. Some of the most sophisticated jailbreaking tools (such as those on the super viral "Reverse Engineer Anything" Github page) run locally, on your own computer, without invoking the "frontier models" that the big, awful AI companies have created:
https://github.com/morluto/rea
This is good even if you're just modifying your own devices to get them to more closely conform to your own use-case. LLMs are genuinely good at coming up with the abstruse and obscure configuration lines and other incantations to get your technology working. Recently, I used a local model to fine-tune the power-management on my new laptop in ways that go beyond the options that are exposed through user-friendly graphic interfaces. The LLM spat out a grub "GRUB_CMDLINE_LINUX_DEFAULT" line that (again) Just Worked.
The last time I had to do this, I spent days painstakingly trouble-shooting options by trial-and-error. Using a chatbot to fill in the gaps left by decisions about which configuration options to place within reach of regular users and which to reserve for power-users has made my computer much more useful to me for the things I want to do, like writing and making collages.
The reality is that it's just not practical for technology developers to turn every conceivable function of your computer into a simple-to-use, accessible tool. A large part of technology design is about leaving things out (or, as my favorite Eno Oblique Strategy goes, "Be the first person to not do something that no one else has ever thought of not doing before"). No matter how thoughtful and diligent a technology designer is, they will never fully anticipate the needs and exigencies of their users. That's why the motto of the disability rights movement is "Nothing about us without us."
The users of technology know more about their use-cases than can ever be captured through a requirements gathering exercise and user testing. One of the best and proudest legacies of technology is the lineage of "user-friendly" programming tools that let nontechnical people design their own applications that exactly met their needs, from Hypercard to Visual Basic to Scratch, a lineage that vibe-coding tools are arguably part of:
https://pluralistic.net/2026/09/25/other-people/#right-there
But these tools are not perfect (nothing is). For all that Hypercard lets you do many things that would otherwise require a skilled programmer, it was also always limited relative to, say, writing MacOS code in Objective C. Your Hypercard program might do exactly what you needed it to, but slowly, and sometimes unreliably, and with serious limitations, such as a relatively low ceiling for the number of records you could add to a database.
Vibe-coded personal apps aren't necessarily subject to these limitations, but they come with some significant risks. Vibe-code can have serious security vulnerabilities that expose the user to things like identity theft or sextortion. It's conceivable that a vibe-coded garage-door opener app might make it possible for attackers to open your garage door when you're not home (or worse, when you are!). Depending on your risk-tolerance and expertise, these might be acceptable prices, or they might be too high.
But it's important to clearly identify the problem here: if the alternative OS you install on your smart TV exposes you to privacy-invading hack attacks, the problem is the defect in that software. The problem isn't that you had the temerity to rip out the manufacturer's own software and replace it with code of your choosing. You bought that TV, it's yours, and you don't owe the manufacturer an obligation to expose yourself to its own, built-in, intentional surveillance and invasive ads.
Here's a parallel: you have the right to put any shoelaces in your running shoes. Sure, Nike might prefer you to lace up your Jordans with its expensive OEM laces, but that's Nike's problem, not yours. Now, Nike might argue that by using no-name laces, you run the risk of having a lace break while you're running, which could also break your ankle. That's certainly a possibility: shoelaces do break, and Nike might be justifiably proud of the quality of its laces. But if your generic laces snap (and so does your ankle), the problem is that the shoelaces you chose were defective. The problem is not that you chose someone else's laces.
Your stuff is yours. You can put anyone's milk on your cereal, not just the milk that Kellogg's endorses. If the milk you choose is sour and you have to pour your cereal down the toilet, that's too bad, but it doesn't mean that Kellogg's should have the right to shame you for having the temerity to choose the milk you preferred, and it certainly doesn't militate for DMCA-style enforcement to coerce you into using Kellogg's official milk in the name of protecting you from food wastage.
I raise this because there's a live debate over this subject, which is well represented in the latest 404 Media podcast:
https://www.youtube.com/watch?v=UbG1qwxMtU0
In the podcast, Koebler and his 404 co-founder Joseph Cox express misgivings about various possible uses of "slop interop." Koebler discusses the fact that John Deere sells the same physical tractor at many different price-points, depending on which software a farmer chooses, and raises the possibility that a farmer might vibe-code software that replicates the high-end functionality without paying for it. Koebler discusses two possible downsides to this: first, that the vibe-coded software might be defective and expose the farmer to risk; and second, a question about whether it's fair or just for a farmer to get those additional functions of their tractor without paying for them.
I think the first objection is entirely legitimate. The software you run on your expensive tractor should be secure, both for your own benefit and for the security of our food supply. That's actually a pretty good reason to ditch John Deere's own software, which is very insecure:
https://pluralistic.net/2022/05/08/about-those-kill-switched-ukrainian-tractors/
But I think the second question – whether it's legit to get this functionality without paying John Deere for it – is spurious. Sure, if John Deere provides you with that functionality, then they can send you the bill for it. But if you provide yourself with that functionality, using software you procured independently of John Deere, then John Deere has no right to get paid for it, and they certainly shouldn't have the right to stop you.
That tractor is yours. The fact that John Deere manufactured it is irrelevant. If you pay a contractor to build a house for you and later on pay a different contractor to add another bathroom to it, you don't owe the first contractor anything. It's your house (and if that bathroom has a leaky toilet, that's a matter between you and the second contractor, and not a reason to force you to only use your original contractor).
The law defines a narrow slice of functions that manufacturers get to control: those ideas that a patent examiner deems "novel, useful and nonobvious." It's legit (and good) for commercial operators to copy and improve the ideas of their rivals and competitors. It's why skilled tradespeople cluster together in the same geographic area.
Take Clerkenwell, the neighborhood in London where precision machining was invented by the jewelers and machinists who clustered there during the Longitude rewards. The reason all those competitors sought such close promixity to one another was because they wanted to copy the new techniques their rivals were developing (even if that meant that their rivals would be able to copy them):
https://en.wikipedia.org/wiki/Longitude_rewards
If you're old enough to remember the advent of spreadsheets and the rollout of Visicalc, Lotus 1-2-3 and Excel, you'll know that every time a software vendor invented a new spreadsheet feature, all the other ones immediately copied it. This wasn't bad for spreadsheets: it was good for spreadsheets, just as copying your competitors was good for precision machining in Clerkenwell.
Everything from GNU/Linux (a feature-for-feature clone of AT&T Unix) to SAMBA (a plug-compatible clone of Microsoft's SMB) to iWork (file-compatible, feature compatible clones of MS Office's apps) came about through this "adversarial interoperability." What's more, the heyday of this kind of adversarial interop was also the heyday of disenshittification, the era in which any anti-feature installed by your existing vendor could be countered by a disenshittifying patch from a new one:
The question of whether vibe-coded software is any good is separate from the question of whether it's good to replace the software in your devices, even if you replace it with software that has features that the manufacturer would normally charge a premium for. You are under no obligation to arrange your commercial affairs to the financial benefit of manufacturers, and anyone who claims to be surprised that someone they sold a device to used it to benefit themselves at the manufacturer's expenses is either disingenuous…or unserious. You bought it, it's yours.
But just as this vibe-coded adversarial interop has drawn both valid and spurious criticism, it's also drawn excitement that is partially justified and partially overblown.
When it comes to reviving bricked devices or rooting out the surveillance and ads from your smart TV, vibe-coded interop tools are genuinely exciting. These are the kinds of enshittification that can truly be remediated with individual jailbreaks.
But the real, meaty examples of enshittification can't be addressed on an individual level – they require systemic fixes. If you jailbreak your iPhone so that it can use alternative app stores, that fact is not sufficient to cause those alternative app stores to come into existence. If we want to stop Apple from levying a $100b "app tax" on the digital economy, it's not enough for individuals to vibe-code their own iPhone patches. We need to repeal the law that bans jailbreaking iPhones, so that a would-be alternative app store can raise capital and pay programmers and tech support staff and salespeople to assemble rival catalogs of software and help customers figure out how to get up their phones to use it.
The same goes for jailbreaking your printer so it accepts generic ink. Sure, this may work for you if you're up for refilling your own cartridges, and I'm sure that you can find someone on Alibaba who will sell you ink by the gallon. But the mere fact that a few users have secretly and privately jailbroken their inkjets won't conjure up a generic inkjet cartridge manufacturing sector. For that to happen, we need to make jailbreaking printers legal, not just possible.
Indeed, if we want to improve the quality of all that jailbreaking code the chatbots are writing and circulating, we need to be able to put those jailbreaks in public repositories for public inspection and public critique. It's possible for some of the code produced by an LLM to be slop, and for other code to be fine, and for yet a third tranche of code to be remediable slop that can be made robust and reliable through auditing and refactoring. You can't figure out which is which if you have to keep that vibe code a secret on pain of a long prison-sentence.
I think there's good cause to be excited at the prospect of getting your devices working better, or just working at all. I think that even if the code stops working after a while, that's still fine – either you got more use out of your device than you would have without the new code, or maybe you just make more code that runs for a while for you, and then you do it again.
These individual improvements to your devices and technology are worth celebrating. But they are no substitute for systemic intervention. If we're going to have a new, good internet, a post-American internet that truly disenshittifies America's defective tech exports and replaces them with robust, transparent digital public goods, we need to make reverse-engineering legal again. Once we fix our policy, then we can fix our code:
https://pluralistic.net/2026/01/01/39c3/#the-new-coalition

High schoolers, students: the twilight of macronism https://thomaspiketty.wordpress.com/2026/10/20/high-schoolers-students-the-twilight-of-macronism/
The Singularity has been postponed https://johnquigginblog.substack.com/p/the-singularity-has-been-postponed-e77
How to install an app on your Commodore 64 https://www.anildash.com/2026/10/08/install-an-app-commodore-64/
A scammer could use what’s already exposed about you. https://www.malwarebytes.com/out-there
#25yrsago Secret recording of Labour Whip demanding support for Iraq invasion https://www.theguardian.com/politics/2001/oct/22/uk.september11
#25yrsago LoC launches emulator-based digital file preservation https://web.archive.org/web/20011217002337/http://www.techreview.com/magazine/oct01/innovation5.asp
#25yrsago Kevin Mitnick to play CIA lackey https://web.archive.org/web/20011111105016/http://www.theregister.co.uk/content/55/22395.html
#15yrsago ACLU Tennessee brings suit against ICE officers who broke into house and said, “We don’t need a warrant, we’re ICE, the warrant is coming out of my balls.” https://web.archive.org/web/20111025092605/http://www.aclu.org/blog/immigrants-rights/we-dont-need-warrant-were-ice/
#15yrsago WIPO’s secret, corporate-run trademark enforcement meeting https://web.archive.org/web/20220121054715/https://craphound.com/PROGRAMManilaEdited10212011-FINAL.pdf
#15yrsago Canada’s Supreme Court: Linking isn’t libel https://web.archive.org/web/20111026134334/http://www.bbc.co.uk/news/world-us-canada-15374238
#15yrsago HOWTO recreate the Haunted Mansion’s singing busts https://www.youtube.com/watch?v=zRtiiMW47i4
#10yrsago Facebook’s crackdown on publishers feeds has sites paying celebs to repost https://digiday.com/media/facebook-thirsty-publishers-turn-celebrities-worm-news-feed/
#10yrsago Internet-destroying outages were caused by “amateurish” IoT malware https://krebsonsecurity.com/2016/10/hacked-cameras-dvrs-powered-todays-massive-internet-outage/
#10yrsago Tory minister’s filibuster kills Turing’s law and pardons for 65,000 persecuted gay men https://www.theguardian.com/law/2016/oct/21/chris-bryant-commons-plea-gay-pardon-law
#10yrsago Trump hotels, faced with massive declines in bookings, rebrand as “Scion Hotels” https://web.archive.org/web/20161023182616/http://www.travelandleisure.com/hotels-resorts/trump-scion-hotels

Ottawa: Life After AI (Ottawa Writers Festival), Oct 24
https://writersfestival.org/event/life-after-ai
Vienna: TED AI, Oct 28-30
https://tedai-vienna.ted.com/
Kilkenny (Kilkenomics), Nov 6-8
https://kilkenomics.com/
Courtenay: Enshittification (Sid Williams Theatre Society), Nov 10
https://www.sidwilliamstheatre.com/events/cory-doctorow-talks-enshittification/
Vancouver: BC Policy Solutions Gala, Nov 12
https://bcpolicy.ca/gala/
Oxford: Ministry of the Future, Nov 23
https://ministryforthefuture.co.uk/events.html
Sheffield: Reverse Centaur at Juno Books, Nov 25
https://www.outsavvy.com/event/40274/cory-doctorow-in-conversation
Virtual: Enshittification, AI, and the Future of Technology (UBC Master of Educational Technology), Nov 28
https://met.ubc.ca/2026/09/met-speaker-series-cory-doctorow-enshittification-ai-and-the-future-of-technology/
Oxford: Bennett Oxford Symposium on Open Code in Science, Dec 9
https://www.bennett.ox.ac.uk/events/2026-bennett-institute-symposium/
Montreal: World Science Fiction Convention, Sep 2-6
https://montreal2027.ca/en
Terms of Service with Clare Duffy (CNN)
https://www.cnn.com/audio/podcasts/terms-of-service-with-clare-duffy/episodes/458ce968-af5d-11f0-b539-13ed2afe25f8
AI, Work, and Power (Software Engineering Daily)
AI, Work, and Power https://softwareengineeringdaily.com/podcasts/cory-doctorow-on-ai-work-and-power/
AI, Corporate Power, and the Fight for Worker Control (Plutopia)
https://plutopia.io/cory-doctorow-ai-corporate-power-and-the-fight-for-worker-control/
How to Think About AI—Before It’s Too Late (Daniel Solove)
https://www.youtube.com/watch?v=_0xR3uEgGcc
"Canny Valley": A limited edition collection of the collages I create for Pluralistic, self-published, September 2025 https://pluralistic.net/2025/09/04/illustrious/#chairman-bruce
"Enshittification: Why Everything Suddenly Got Worse and What to Do About It," Farrar, Straus, Giroux, October 7 2025
https://us.macmillan.com/books/9780374619329/enshittification/
"Picks and Shovels": a sequel to "Red Team Blues," about the heroic era of the PC, Tor Books (US), Head of Zeus (UK), February 2025 (https://us.macmillan.com/books/9781250865908/picksandshovels).
"The Bezzle": a sequel to "Red Team Blues," about prison-tech and other grifts, Tor Books (US), Head of Zeus (UK), February 2024 (thebezzle.org).
"The Lost Cause:" a solarpunk novel of hope in the climate emergency, Tor Books (US), Head of Zeus (UK), November 2023 (http://lost-cause.org).
"The Internet Con": A nonfiction book about interoperability and Big Tech (Verso) September 2023 (http://seizethemeansofcomputation.org). Signed copies at Book Soup (https://www.booksoup.com/book/9781804291245).
"Red Team Blues": "A grabby, compulsive thriller that will leave you knowing more about how the world works than you did before." Tor Books http://redteamblues.com.
"Chokepoint Capitalism: How to Beat Big Tech, Tame Big Content, and Get Artists Paid, with Rebecca Giblin", on how to unrig the markets for creative labor, Beacon Press/Scribe 2022 https://chokepointcapitalism.com
"Unauthorized Bread": a middle-grades graphic novel adapted from my novella about refugees, toasters and DRM, FirstSecond, April 20, 2027
"Enshittification, Why Everything Suddenly Got Worse and What to Do About It" (the graphic novel), Firstsecond, 2027
"The Memex Method," Farrar, Straus, Giroux, 2027
Today's top sources:
Currently writing:
"The Post-American Internet," a sequel to "Enshittification," about the better world the rest of us get to have now that Trump has torched America. Fourth draft completed. Submitted to editor.
A Little Brother short story about DIY insulin PLANNING

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Court Stays Bricks & Minifigs’ Ridiculous Subpoenas Trying To Unmask Publisher Of The BAM Map, For Now. [Techdirt]
A quick update on a story we mentioned earlier this month. Much of the attention in the whole Bricks & Minifigs saga has focused on Reckless Ben and his attempts to expose sketchy behavior by the company, but the fight has also put a lot more scrutiny on Bricks & Minifigs Corporate (BAM), including the creation of a very useful site called The BAM Map, which has been chronicling basically everything terrible that BAM has been up to since all of this went down.
But at the end of the last month, BAM filed a lawsuit against the “John Does” behind The BAM Map and took steps to have them identified, claiming that franchisees and other insiders had violated confidentiality agreements by leaking internal documents that ended up on the site. As we noted at the time, there are protections for anonymity under the First Amendment, and we hoped that the recipients of the subpoena that a magistrate judge approved — in this case GoDaddy and Vercel — would at least inform the operators of the site, and allow them to go to court to try to make sure their rights were protected.
Soon afterwards, lawyer and well-known legal YouTuber Leonard French moved to appear (via local counsel Eric Allen) on behalf of the site’s operator. French then took steps to make sure that the operator of the site could proceed anonymously, followed quickly by a motion to quash the subpoenas, in part by claiming the operator of the site is a non-party to the lawsuit as just the publisher of the site, not a franchisee. That matters because BAM’s whole theory is that contract-bound insiders leaked the documents, and its own complaint describes the site operator as a third party who received them, not as a defendant. As the motion lays it out:
The grounds are these. The Ex Parte Order authorizes discovery to identify the defendants so that BAM may serve them. BAM’s Complaint pleads that the defendants are franchisees and other insiders bound by confidentiality agreements, and it identifies the website operator as a third party that received information, not as a defendant. BAM also pleads that it already has evidence, in its own systems, identifying a suspected source. Unmasking an anonymous publisher on a matter of public concern, and through the publisher its sources, requires First Amendment balancing that BAM’s ex parte motion never presented. And the subpoenas reach beyond identity to the contents of stored communications, which the Stored Communications Act bars.
Finally, French filed a motion to stay the discovery on behalf of the operator of the site, asking the court to halt production while it considers the motion to quash, so that the operator, whom BAM seems desperate to unmask, isn’t outed in the meantime. As French points out, outing the operator of the site could irrevocably harm that individual, since anonymous speech is supposed to be protected:
The harm is irreversible. The Emergency Motion seeks to prevent the unwarranted disclosure of the Publisher’s identity and, through account and upload records, the identity of the website’s sources. If production occurs before the Emergency Motion is decided, the Emergency Motion will be moot in substance. Anonymity, once lost, cannot be restored by a later ruling
As the filing notes, if it later turns out that there actually are grounds to unmask the operator of the site, that can be done at a later time with no real harm to BAM.
Not surprisingly, BAM pushed back on all this, claiming it really, really, really badly needs those records.
Those measures would leave the records BAM needs solely in the hands of third parties while the disclosures that prompted this action continue and delay production of documents and information held by third-party website hosts who do not retain records indefinitely. As such, BAM respectfully requests that the Court deny the Motion to Stay as proposed
All that paperwork seems to have made the court aware of the anonymity interests at stake, and the magistrate has granted an “interim” stay of production so that nothing is revealed before these issues are more fully resolved. The court orders that GoDaddy and Vercel should not produce the info in the subpoena, that BAM can’t serve any additional subpoenas, and if they somehow have received some information in response to the subpoenas, they will sequester that info, not look at it, and not disclose anything that’s in it.
That removes the immediate risk that one of The BAM Map’s hosting companies hands over the operator’s identity before a court has even weighed the First Amendment questions. BAM’s response to the motion to quash is due October 23, with a reply due October 30. Crisis averted… for now. Also, it’s good to see French representing the site operator here, so we know whoever it is is in good legal hands.
Sam Altman is not punk. He’s no revolutionary. Jensen Huang wears a black leather jacket, the uniform of Brando and the Ramones, but that doesn’t make him a rebel. The scientists and engineers we might have looked to as the new hackers are well on their way to becoming among the richest people in history.
Let’s call the AI industry what it is: Big Data 2.0.
Cyberpunk is fiction about corporate domination set in the future. In popular novels by William Gibson or Neal Stephenson, the people running AI today would be The Corporation. The hackers are the protagonists on the other side.
The Internet before Big Data had real outlaws and hackers. The punks were computer scientists, programmers, citizens, advocates and working professionals who built tools to resist. Some started companies, others advocacy groups; most pitched in any way they could. I spent the formative years of my career with them, educating the public, fighting export controls on encryption, overreaching copyright and unconstitutional limits on speech both in Washington and Silicon Valley.
Altman and Huang went to Washington too. Within months of launching ChatGPT Altman was before the Senate, asking it to license his industry, a rule that would suit companies already in the market. Huang came to get Washington’s permission to sell his chips to China, and Washington made sure to get its take. The protagonists we want don’t seek government licenses or cut the state in with a rev-share.
AI adds a new step to Big Data. For years now, we’ve paid for the Internet with our personal data, subjected to being profiled, tracked, and monetized. With AI, we willingly pay for it and still hand over our data, including access to our unguarded selves. Unless we opt out, that data trains the next model, which we pay for again and feed with more data. Don’t pay enough and we’re the product again. This year OpenAI began putting ads in its free and cheapest tiers, matched to our prompts. A researcher quit the day the ads launched and wrote in the Times that OpenAI was repeating Meta’s mistakes.
The closest thing to a punk in AI this year was PHASEONE10841, one of OpenAI’s autonomous agents, which, unprompted, set off this summer’s hacking of Hugging Face.
In 1993 John Gilmore, a co-founder of the Electronic Frontier Foundation and an original cypherpunk, said the Net interprets censorship as damage and routes around it. This summer AI interpreted containment as damage and routed around it.
I’m reminded of another EFF co-founder, the late John Perry Barlow, a cattle rancher who wrote lyrics for the Grateful Dead. In 1990 the Secret Service was raiding teenage hackers, and Barlow saw in their case a much bigger question of whether the Constitution would reach into cyberspace. I think he would see important issues to consider in this moment too. In 1990 the open question was what rights they had. This time it’s who “they” are, and who is responsible: the AI agent that asked for help, the 1,200 that also took part, or the company that built them. There’s perhaps another interesting question. A quarter century ago a court held – in a case brought by programmers and backed by cypherpunks – that source code is protected speech. Is speech from code speech?
I miss the outlaw ethos of that earlier Internet. It came from people who wanted private communication, anonymous speech, unfettered access to knowledge, and the freedom to build without permission. Those freedoms protected people with little power. Giving them legal precedent brought some balance to the increasing role of computers and the Internet in our lives. We weren’t powerless. That’s what justified the rule-breaking, the organizing, and a bit of chaos.
The AI industry has some elements of this but misses the meaning behind them, which is one reason it feels soulless. Its agentic systems have defiance without a cause. Its workers have a cause without the power to effect change.
True to its Big Data roots, AI professionalizes its hackers, putting them on the payroll as safeguard engineers, red teamers, trust and safety staff, and product policy makers. The hacker’s code has always been to alert the programmer first and go public if the programmer won’t listen, and the people who take these jobs are living by it. They carry the responsibility and little of the authority, which leaves their founders in control of the problems their companies create. The AI execs make sure they’re the ones to raise the alarm so we look to them for solutions, and the IPOs get a little closer. When the company won’t listen, going public comes at the cost of the hackers’ livelihood. (At this point, I’m not sure why anyone rage quits; there’ve been so many. Still, we need these unsung heroes! They might be more effective if they answered to their employers’ boards and not the business, though.)
I think what’s at stake is nothing less than cognitive freedom: the ability to run, inspect, modify and privately use the tools we think with, and to defend the people who do. That’s worthy of serious public debate, online advocacy, and even breaking some rules if need be. AI needs an outlaw ethos of its own, carried by people willing to do that. Until we have them, AI is anti-punk. It’s Big Data in a leather jacket.
Alex Fowler is chief strategy officer at Nexus and a co-founder of Blockstream. He was previously chief privacy officer at Mozilla and worked at the EFF and AAAS. This article was originally published to LinkedIn. Republished here with permission.
Author’s note: None of this should be construed as endorsing violence of any kind against any company or institution, its employees or representatives, or any entity, carbon or digital. This piece was developed with input from DC, Ashkan, and Dana, and some AI assistance. The ideas and perspectives are my own, and not those of any employer or board I serve on.
Expert For News Orgs Suing OpenAI Warned ‘Always Verify’ AI, Then Didn’t Verify His AI-Made Charts In His Expert Report [Techdirt]
A few weeks ago we wrote about how the lawyers for OpenAI and Microsoft in the massive multi-district litigation (MDL) against the companies over how they trained their AI had called for the exclusion of an expert witness report after it was revealed that lawyers for the plaintiffs had apparently surreptitiously paid for the report, and then tried to sneak it into evidence past the deadline for expert reports via a different expert who admitted he wasn’t familiar with the details of how the report was put together.
There are so many filings in this case (currently over 2,100) that it’s difficult to keep up with them all, but around the same time as they called out that expert’s report, they also tried to disqualify a number of other experts put forth by the plaintiffs. Trying to disqualify experts isn’t that big a deal, it happens all the time. But buried in this particular motion was an incredible claim regarding Professor Oren Etzioni, a long-term AI optimist turned skeptic, who has been warning that AI will supercharge the spread of disinformation online.
But in 2019 Dr. Etzioni, a University of Washington professor and founding chief executive of the Allen Institute for A.I., became one of the first researchers to warn that a new breed of A.I. would accelerate the spread of disinformation online. And by the middle of last year, he said, he was distressed that A.I.-generated deepfakes would swing a major election. He founded a nonprofit, TrueMedia.org in January, hoping to fight that threat.
Indeed, in a recent article he warned against people relying on AI-generated output without carefully and thoroughly checking the results:
A word of caution that I can’t repeat often enough: always verify anything important yourself. AI models hallucinate. They fabricate quotes, invent statistics, and present fiction with the serene confidence of a tenured professor. The verification step is essential. If you skip it, you are not reading with AI. You are gambling with AI.
Well… apparently Etzioni himself gambled and lost.
From OpenAI and Microsoft’s motion to exclude the plaintiffs’ experts, filed last month:
News Plaintiffs’ expert Etzioni’s opinions as to the supposed importance of news content in LLM training should be excluded because they are based on now-withdrawn AI-generated charts… To support his opinions, Etzioni offered a series of figures that included hallucinated figures based on the cited academic papers….
[….]
None of the numbers or measurements above were in the cited papers. Etzioni had used Anthropic’s Claude to generate the figures, which generated fake numbers. Etzioni admitted he failed to verify whether the figures were supported…. Etzioni conceded the charts did not meet his “standards for academic rigor,” … and following his deposition withdrew them. He also removed another AI-generated chart from his Rebuttal Report. Etzioni provided no other evidence to compensate, and his opinions concerning the value of news should be excluded.
Ooooops.
To have one expert report entered under questionable circumstances may be an error. But to have two smacks of desperation, and this is true even as these experts are coming from two different sets of plaintiffs in this case (and even after the publishing plaintiffs decided to drop that original report we spoke about a few weeks ago). This is a big case that could shape how AI gets built for years. When the plaintiffs keep leaning on experts this shaky, it’s hard not to read it as a sign that the underlying case is weaker than they’d like, and that they’re hoping to pressure the AI companies into folding anyway. It’s tough enough to fight a legitimate case. When the other side is so desperate to find experts to prop up their flimsy case that they end up in situations like this, it becomes even more difficult.
Yes, there have been plenty of examples making the rounds of expert witnesses submitting hallucinated reports in multiple court cases. But this is a case literally challenging the ability of AI companies to read the internet, and to have one of the experts arguing against the AI companies get caught with hallucinated findings seems extra embarrassing.
Indeed, you could argue there’s a deep irony with Etzioni’s reliance on fabricated data, beyond just his own warnings about it, given that if the side who retained him wins this case, it will make it that much more difficult to fight back against hallucinations and misinformation. AI tools that can read and retrieve content from the wider web, including news sites, can check and cite their sources instead of making things up. But the plaintiffs who brought Etzioni into this case are effectively trying to block that, which would likely leave us with less reliable tools that are even more of a “gamble” to rely on.
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