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Facebook Resorted to Illegal Buy-or-Bury Scheme: FTC

photo collage by Lynxotic

Chair of the Federal Trade Commission Lina Khan posted on her Twitter the official press release of its position against Facebook.

Pulling no punches the language of the filing leaves no doubt as to the direction of the FTC going forward in this case. Illegal, Bribery, “Buy-or-Bury Scheme” these are characterizations that go to the heart of anticompetitive and monopolistic behavior of the giant. FTC Bureau of Competition Acting Director, Holly Vedova, said ““This conduct is no less anticompetitive than if Facebook had bribed emerging app competitors not to compete. The antitrust laws were enacted to prevent precisely this type of illegal activity by monopolists.”

While The Federal Trade Commission’s mandate has traditionally been “to promote competition and protect and educate consumers” the attempt by big tech to appear “helpful” to consumers with hidden costs and deflated pricing is finally at issue with Kahn in the chair. Khan’s famous 2017 article; “Amazon’s Antitrust Paradox“ helped to re-define a new direction for antitrust law for the digital age, which appears to be in the early stages of fulfillment at the agency under her leadership.

As described in the amended case, upon Facebook starting out as an open space for third party developers, the company quickly reversed (pulling a bait-and-switch) by requiring developers to terms that would have prevented successful applications from emerging as competitive threats to the company.

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FTC refiles its Antitrust case against Facebook

Above: Photo Collage / Lynxotic

As reported from Reuters, in the 80 page new complaint, the U.S. Federal Trade Commission (FTC) accuses Facebook of illegally monopolizing power. The refiled case includes additional evidence which is intended to support FTC’s case that Facebook dominates the U.S. personal social networking market.

In the headline of its press release, FTC alleges the company resorted to “illegal buy-or-bury- scheme to crush competition after string of failed attempts to innovate”.

“Despite causing significant customer dissatisfaction, Facebook has enjoyed enormous profits for an extended period of time suggesting both that it has monopoly power and that its personal social networking rivals are not able to overcome entry barriers and challenge its dominance,”

AMENDED complaint – federal trade COMMISSION

The FTC voted 3-2 to file the amended lawsuit. They also denied Facebook’s request that Lina Khan be recused, Khan participated in the filing of the new complaint.

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Texas Gov. Greg Abbott tests positive for Covid after banning masks

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Greg Abbott, the Republican Governor for Texas tested positive for Covid-19. The news comes in the middle of the legal battles over banning vaccination and mask mandates in the state, despite opposition from both local officials and school districts. 

According to NBC News, Abbott is fully vaccinated, there are reports he also received a 3rd booster shot and is currently receiving Regeneron’s antibody treatment (usually exclusive to those with compromised immune systems). Per his communication’s director, he is “in good health, and currently experiencing no symptoms.”

“Governor Abbott is in constant communication with his staff, agency heads, and government officials to ensure that state government continues to operate smoothly and efficiently”

-Mark Miner, the governor’s communications director

Perhaps a “bit” hyprocritcal?  Abbott has access and benefits from any and all possible medical services necessary. Unfortunately the same privilege is not available to most ordinary Texans, where currently the state is experiencing a surge of new cases and hospitalizations

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‘They should be worried’: will Lina Khan & the FTC take down big tech giants?

Photo by Annie Spratt on Unsplash



There’s a storm brewing and tech mega-monsters like Amazon, Google & Facebook know it

Practically since the day that Lina M. Kahn was appointed chair of the FTC, big tech giants have shown that they are worried. Both Amazon and Facebook filed suits asking that she recuse herself almost immediately.

Khan’s famous 2017 article; “Amazon’s Antitrust Paradox“, published in the Yale Law Journal was both the obvious initial catalyst to her becoming chair of the FTC and also Amazon being unhappy that she would be at the helm of the FTC while antitrust actions are being brought against them.

The idea of removing her would have obvious appeal for those that fear her dedication to a new antitrust stance at the FTC, one that no longer allows digital behemoths to skate, monopolize and grow unchecked. But there is likely little chance that they can get her off their metaphorical backs that easily.

As per the Guardian: “Khan does not have any conflicts of interest under federal ethics laws, which typically apply to financial investments or employment history, and the requests [for her recusal] are not likely to go far.”

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Inspector General Urges Ethics Review at Federal Election Commission Following ProPublica Report

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The FEC’s inspector general has called for the agency to review its policies and internal controls after ProPublica revealed a key employee’s undisclosed ties to Trump.

The inspector general for the Federal Election Commission is calling on the agency to review its ethics policies and internal controls after a ProPublica investigation last year revealed that a senior manager openly supported Donald Trump and maintained a close relationship with a Republican attorney who went on to serve as the 2016 Trump campaign’s top lawyer.

The report by ProPublica raised questions about the impartiality of the FEC official, Debbie Chacona, a civil servant who oversees the unit responsible for keeping unlawful contributions out of U.S. political campaigns. The division’s staffers are supposed to adhere to a strict ethics code and forgo any public partisan activities because such actions could imply preferential treatment for a candidate or party and jeopardize the commission’s credibility.

In its findings, the inspector general said Chacona, head of the FEC’s Reports Analysis Division, or RAD, did not improperly intervene in a review of the Trump inaugural committee’s fundraising and acted “consistent with relevant law and policy” by allowing career analysts to handle the filings.

But the inspector general said “it is important to address the ethical principle that federal employees should avoid even the appearance of impropriety.” It added that the FEC’s “unique mission raises heightened concerns when allegations of personal or political bias are raised against FEC senior personnel that could undermine the public’s confidence in the agency” and recommended the commission “evaluate the current agency policies on ethical behavior and update them, as may be appropriate.”

Chacona displayed her support for Trump in Facebook posts, including one in which she posed with her family around a “Make America Great Again” sign at Trump’s January 2017 inaugural. Separately, emails obtained by ProPublica showed that she also consulted regularly on matters personal and professional with the Republican lawyer, Donald McGahn, when he was an FEC commissioner from 2008 to September 2013.

After Trump’s election, the fundraising practices of his inaugural committee prompted complaints that the FEC failed to properly examine contributions. As head of RAD, Chacona signed off on amended filings by the committee intended to address some of those complaints even though the revised reports continued to list problematic donations, including ones from donors whose addresses didn’t exist in public records.

The 300-employee FEC is an independent regulatory agency that was created by Congress to enforce campaign finance law. It is headed by six presidentially appointed commissioners, four of whom must vote together for the agency to take any official action, a requirement that was meant to bolster nonpartisan compromise but has resulted in chronic gridlock.

The inspector general also took issue with the way the FEC regulates presidential inaugural committees, which are nonprofit entities separate from campaign committees. Trump’s inaugural committee raised a record-breaking $107 million from more than 1,000 contributors. Its initial disclosure report was 510 pages.

The inspector general found that unlike with campaign committees, FEC policy confers “broad, subjective discretion to the RAD senior manager to determine what potential violations of law warrant further inquiry” when it comes to inaugural committees. It called such a standard “ill-defined and subjective,” cautioning that it could create “a reasonable likelihood of inconsistent results and arbitrary or capricious application (in fact or appearance).”

The inspector general also said that unlike political committees, which file their reports to the FEC electronically, inaugural committee disclosure reports are filed on paper to the commission and then manually reviewed by agency staffers — a system the inspector general said was “antiquated and lacks adequate internal controls.”

Asked what the agency has done to address the appearance of a conflict of interest at RAD and whether the agency planned on adopting any of the inspector general recommendations, an FEC spokesperson declined to comment.

McGahn, who was appointed White House counsel after serving as the Trump campaign’s top lawyer, now heads the government regulations group at the law firm Jones Day. He did not respond to messages seeking comment; in a response for the earlier ProPublica story, he said he doesn’t comment on “nonsense.” Chacona did not respond to a message seeking comment. A spokesperson for Trump’s inaugural committee didn’t return a message seeking comment.

The inspector general said that it interviewed FEC lawyers and RAD staffers, and that it obtained and reviewed agency records to conduct its inquiry. Commissioners were notified of the investigators’ findings at the end of July.

With its unprecedented haul and its questionable outlays, Trump’s inaugural committee drew swift attention from journalists and regulators. The Washington, D.C., attorney general has sued the committee, accusing it of enriching the Trump family business by spending lavishly at Trump-owned properties, claims the committee has denied in court papers. Separately, federal prosecutors subpoenaed the committee’s donor records as part of an inquiry into illegal contributions made by foreign nationals.

Both inaugural and political committees are prohibited from accepting contributions from foreign nationals. But Trump’s inaugural committee included in its disclosure reports donations from contributors outside the U.S., and RAD relied on the word of the committee that the donors were indeed U.S. citizens, the inspector general report found. Investigators took issue with that practice. They noted that RAD’s policy of accepting a committee’s “self-certification” wasn’t memorialized in any policy, and they recommended that the division set a threshold when such a contribution would trigger further inquiry to independently verify the source of the money.

Fred Wertheimer, whose advocacy group Democracy 21 helped file a 2017 FEC complaint against Trump’s inaugural committee, which the agency’s general counsel later dismissed, said the head of RAD should have recused herself from overseeing the committee’s filings.

“In my view Ms. Chacona had a clear appearance of conflict and never should’ve gone anywhere near the inaugural committee’s report,” said Wertheimer, who was derided by Chacona and McGahn in the email exchanges obtained by ProPublica.

by Jake Pearson for ProPublica, via Creative Commons [Creative Commons License (CC BY-NC-ND 3.0)]. ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

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The Secret IRS Files: Trove of Never-Before-Seen Records Reveal How the Wealthiest Avoid Income Tax

by Jesse Eisinger, Jeff Ernsthausen and Paul Kiel

Series:
The Secret IRS Files
Inside the Tax Records of the .001%

This story was originally published by ProPublica.

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

In 2007, Jeff Bezos, then a multibillionaire and now the world’s richest man, did not pay a penny in federal income taxes. He achieved the feat again in 2011. In 2018, Tesla founder Elon Musk, the second-richest person in the world, also paid no federal income taxes.

Michael Bloomberg managed to do the same in recent years. Billionaire investor Carl Icahn did it twice. George Soros paid no federal income tax three years in a row.

ProPublica has obtained a vast trove of Internal Revenue Service data on the tax returns of thousands of the nation’s wealthiest people, covering more than 15 years. The data provides an unprecedented look inside the financial lives of America’s titans, including Warren Buffett, Bill Gates, Rupert Murdoch and Mark Zuckerberg. It shows not just their income and taxes, but also their investments, stock trades, gambling winnings and even the results of audits.

Taken together, it demolishes the cornerstone myth of the American tax system: that everyone pays their fair share and the richest Americans pay the most. The IRS records show that the wealthiest can — perfectly legally — pay income taxes that are only a tiny fraction of the hundreds of millions, if not billions, their fortunes grow each year.

Many Americans live paycheck to paycheck, amassing little wealth and paying the federal government a percentage of their income that rises if they earn more. In recent years, the median American household earned about $70,000 annually and paid 14% in federal taxes. The highest income tax rate, 37%, kicked in this year, for couples, on earnings above $628,300.

The confidential tax records obtained by ProPublica show that the ultrarich effectively sidestep this system.

America’s billionaires avail themselves of tax-avoidance strategies beyond the reach of ordinary people. Their wealth derives from the skyrocketing value of their assets, like stock and property. Those gains are not defined by U.S. laws as taxable income unless and until the billionaires sell.

To capture the financial reality of the richest Americans, ProPublica undertook an analysis that has never been done before. We compared how much in taxes the 25 richest Americans paid each year to how much Forbes estimated their wealth grew in that same time period.

We’re going to call this their true tax rate.

The results are stark. According to Forbes, those 25 people saw their worth rise a collective $401 billion from 2014 to 2018. They paid a total of $13.6 billion in federal income taxes in those five years, the IRS data shows. That’s a staggering sum, but it amounts to a true tax rate of only 3.4%.

It’s a completely different picture for middle-class Americans, for example, wage earners in their early 40s who have amassed a typical amount of wealth for people their age. From 2014 to 2018, such households saw their net worth expand by about $65,000 after taxes on average, mostly due to the rise in value of their homes. But because the vast bulk of their earnings were salaries, their tax bills were almost as much, nearly $62,000, over that five-year period.

No one among the 25 wealthiest avoided as much tax as Buffett, the grandfatherly centibillionaire. That’s perhaps surprising, given his public stance as an advocate of higher taxes for the rich. According to Forbes, his riches rose $24.3 billion between 2014 and 2018. Over those years, the data shows, Buffett reported paying $23.7 million in taxes.

That works out to a true tax rate of 0.1%, or less than 10 cents for every $100 he added to his wealth.

In the coming months, ProPublica will use the IRS data we have obtained to explore in detail how the ultrawealthy avoid taxes, exploit loopholes and escape scrutiny from federal auditors.

Experts have long understood the broad outlines of how little the wealthy are taxed in the United States, and many lay people have long suspected the same thing.

But few specifics about individuals ever emerge in public. Tax information is among the most zealously guarded secrets in the federal government. ProPublica has decided to reveal individual tax information of some of the wealthiest Americans because it is only by seeing specifics that the public can understand the realities of the country’s tax system.

Consider Bezos’ 2007, one of the years he paid zero in federal income taxes. Amazon’s stock more than doubled. Bezos’ fortune leapt $3.8 billion, according to Forbes, whose wealth estimates are widely cited. How did a person enjoying that sort of wealth explosion end up paying no income tax?

In that year, Bezos, who filed his taxes jointly with his then-wife, MacKenzie Scott, reported a paltry (for him) $46 million in income, largely from interest and dividend payments on outside investments. He was able to offset every penny he earned with losses from side investments and various deductions, like interest expenses on debts and the vague catchall category of “other expenses.”

In 2011, a year in which his wealth held roughly steady at $18 billion, Bezos filed a tax return reporting he lost money — his income that year was more than offset by investment losses. What’s more, because, according to the tax law, he made so little, he even claimed and received a $4,000 tax credit for his children.

His tax avoidance is even more striking if you examine 2006 to 2018, a period for which ProPublica has complete data. Bezos’ wealth increased by $127 billion, according to Forbes, but he reported a total of $6.5 billion in income. The $1.4 billion he paid in personal federal taxes is a massive number — yet it amounts to a 1.1% true tax rate on the rise in his fortune.

The revelations provided by the IRS data come at a crucial moment. Wealth inequality has become one of the defining issues of our age. The president and Congress are considering the most ambitious tax increases in decades on those with high incomes. But the American tax conversation has been dominated by debate over incremental changes, such as whether the top tax rate should be 39.6% rather than 37%.

ProPublica’s data shows that while some wealthy Americans, such as hedge fund managers, would pay more taxes under the current Biden administration proposals, the vast majority of the top 25 would see little change.

The tax data was provided to ProPublica after we published a series of articles scrutinizing the IRS. The articles exposed how years of budget cuts have hobbled the agency’s ability to enforce the law and how the largest corporations and the rich have benefited from the IRS’ weakness. They also showed how people in poor regions are now more likely to be audited than those in affluent areas.

ProPublica is not disclosing how it obtained the data, which was given to us in raw form, with no conditions or conclusions. ProPublica reporters spent months processing and analyzing the material to transform it into a usable database.

We then verified the information by comparing elements of it with dozens of already public tax details (in court documents, politicians’ financial disclosures and news stories) as well as by vetting it with individuals whose tax information is contained in the trove. Every person whose tax information is described in this story was asked to comment. Those who responded, including Buffett, Bloomberg and Icahn, all said they had paid the taxes they owed.

A spokesman for Soros said in a statement: “Between 2016 and 2018 George Soros lost money on his investments, therefore he did not owe federal income taxes in those years. Mr. Soros has long supported higher taxes for wealthy Americans.” Personal and corporate representatives of Bezos declined to receive detailed questions about the matter. ProPublica attempted to reach Scott through her divorce attorney, a personal representative and family members; she did not respond. Musk responded to an initial query with a lone punctuation mark: “?” After we sent detailed questions to him, he did not reply.

One of the billionaires mentioned in this article objected, arguing that publishing personal tax information is a violation of privacy. We have concluded that the public interest in knowing this information at this pivotal moment outweighs that legitimate concern.

The consequences of allowing the most prosperous to game the tax system have been profound. Federal budgets, apart from military spending, have been constrained for decades. Roads and bridges have crumbled, social services have withered and the solvency of Social Security and Medicare is perpetually in question.

There is an even more fundamental issue than which programs get funded or not: Taxes are a kind of collective sacrifice. No one loves giving their hard-earned money to the government. But the system works only as long as it’s perceived to be fair.

Our analysis of tax data for the 25 richest Americans quantifies just how unfair the system has become.

By the end of 2018, the 25 were worth $1.1 trillion.

For comparison, it would take 14.3 million ordinary American wage earners put together to equal that same amount of wealth.

The personal federal tax bill for the top 25 in 2018: $1.9 billion.

The bill for the wage earners: $143 billion.

The idea of a regular tax on income, much less on wealth, does not appear in the country’s founding documents. In fact, Article 1 of the U.S. Constitution explicitly prohibits “direct” taxes on citizens under most circumstances. This meant that for decades, the U.S. government mainly funded itself through “indirect” taxes: tariffs and levies on consumer goods like tobacco and alcohol.

With the costs of the Civil War looming, Congress imposed a national income tax in 1861. The wealthy helped force its repeal soon after the war ended. (Their pique could only have been exacerbated by the fact that the law required public disclosure. The annual income of the moguls of the day — $1.3 million for William Astor; $576,000 for Cornelius Vanderbilt — was listed in the pages of The New York Times in 1865.)

By the late 19th and early 20th century, wealth inequality was acute and the political climate was changing. The federal government began expanding, creating agencies to protect food, workers and more. It needed funding, but tariffs were pinching regular Americans more than the rich. The Supreme Court had rejected an 1894 law that would have created an income tax. So Congress moved to amend the Constitution. The 16th Amendment was ratified in 1913 and gave the government power “to lay and collect taxes on incomes, from whatever source derived.”

In the early years, the personal income tax worked as Congress intended, falling squarely on the richest. In 1918, only 15% of American families owed any tax. The top 1% paid 80% of the revenue raised, according to historian W. Elliot Brownlee.

But a question remained: What would count as income and what wouldn’t? In 1916, a woman named Myrtle Macomber received a dividend for her Standard Oil of California shares. She owed taxes, thanks to the new law. The dividend had not come in cash, however. It came in the form of an additional share for every two shares she already held. She paid the taxes and then brought a court challenge: Yes, she’d gotten a bit richer, but she hadn’t received any money. Therefore, she argued, she’d received no “income.”

Four years later, the Supreme Court agreed. In Eisner v. Macomber, the high court ruled that income derived only from proceeds. A person needed to sell an asset — stock, bond or building — and reap some money before it could be taxed.

Since then, the concept that income comes only from proceeds — when gains are “realized” — has been the bedrock of the U.S. tax system. Wages are taxed. Cash dividends are taxed. Gains from selling assets are taxed. But if a taxpayer hasn’t sold anything, there is no income and therefore no tax.

Contemporary critics of Macomber were plentiful and prescient. Cordell Hull, the congressman known as the “father” of the income tax, assailed the decision, according to scholar Marjorie Kornhauser. Hull predicted that tax avoidance would become common. The ruling opened a gaping loophole, Hull warned, allowing industrialists to build a company and borrow against the stock to pay living expenses. Anyone could “live upon the value” of their company stock “without selling it, and of course, without ever paying” tax, he said.

Hull’s prediction would reach full flower only decades later, spurred by a series of epochal economic, legal and cultural changes that began to gather momentum in the 1970s. Antitrust enforcers increasingly accepted mergers and stopped trying to break up huge corporations. For their part, companies came to obsess over the value of their stock to the exclusion of nearly everything else. That helped give rise in the last 40 years to a series of corporate monoliths — beginning with Microsoft and Oracle in the 1980s and 1990s and continuing to Amazon, Google, Facebook and Apple today — that often have concentrated ownership, high profit margins and rich share prices. The winner-take-all economy has created modern fortunes that by some measures eclipse those of John D. Rockefeller, J.P. Morgan and Andrew Carnegie.

In the here and now, the ultrawealthy use an array of techniques that aren’t available to those of lesser means to get around the tax system.

Certainly, there are illegal tax evaders among them, but it turns out billionaires don’t have to evade taxes exotically and illicitly — they can avoid them routinely and legally.

Most Americans have to work to live. When they do, they get paid — and they get taxed. The federal government considers almost every dollar workers earn to be “income,” and employers take taxes directly out of their paychecks.

The Bezoses of the world have no need to be paid a salary. Bezos’ Amazon wages have long been set at the middle-class level of around $80,000 a year.

For years, there’s been something of a competition among elite founder-CEOs to go even lower. Steve Jobs took $1 in salary when he returned to Apple in the 1990s. Facebook’s Zuckerberg, Oracle’s Larry Ellison and Google’s Larry Page have all done the same.

Yet this is not the self-effacing gesture it appears to be: Wages are taxed at a high rate. The top 25 wealthiest Americans reported $158 million in wages in 2018, according to the IRS data. That’s a mere 1.1% of what they listed on their tax forms as their total reported income. The rest mostly came from dividends and the sale of stock, bonds or other investments, which are taxed at lower rates than wages.

As Congressman Hull envisioned long ago, the ultrawealthy typically hold fast to shares in the companies they’ve founded. Many titans of the 21st century sit on mountains of what are known as unrealized gains, the total size of which fluctuates each day as stock prices rise and fall. Of the $4.25 trillion in wealth held by U.S. billionaires, some $2.7 trillion is unrealized, according to Emmanuel Saez and Gabriel Zucman, economists at the University of California, Berkeley.

Buffett has famously held onto his stock in the company he founded, Berkshire Hathaway, the conglomerate that owns Geico, Duracell and significant stakes in American Express and Coca-Cola. That has allowed Buffett to largely avoid transforming his wealth into income. From 2015 through 2018, he reported annual income ranging from $11.6 million to $25 million. That may seem like a lot, but Buffett ranks as roughly the world’s sixth-richest person — he’s worth $110 billion as of Forbes’ estimate in May 2021. At least 14,000 U.S. taxpayers in 2015 reported higher income than him, according to IRS data.

There’s also a second strategy Buffett relies on that minimizes income, and therefore, taxes. Berkshire does not pay a dividend, the sum (a piece of the profits, in theory) that many companies pay each quarter to those who own their stock. Buffett has always argued that it is better to use that money to find investments for Berkshire that will further boost the value of shares held by him and other investors. If Berkshire had offered anywhere close to the average dividend in recent years, Buffett would have received over $1 billion in dividend income and owed hundreds of millions in taxes each year.

Many Silicon Valley and infotech companies have emulated Buffett’s model, eschewing stock dividends, at least for a time. In the 1980s and 1990s, companies like Microsoft and Oracle offered shareholders rocketing growth and profits but did not pay dividends. Google, Facebook, Amazon and Tesla do not pay dividends.

In a detailed written response, Buffett defended his practices but did not directly address ProPublica’s true tax rate calculation. “I continue to believe that the tax code should be changed substantially,” he wrote, adding that he thought “huge dynastic wealth is not desirable for our society.”

The decision not to have Berkshire pay dividends has been supported by the vast majority of his shareholders. “I can’t think of any large public company with shareholders so united in their reinvestment beliefs,” he wrote. And he pointed out that Berkshire Hathaway pays significant corporate taxes, accounting for 1.5% of total U.S. corporate taxes in 2019 and 2020.

Buffett reiterated that he has begun giving his enormous fortune away and ultimately plans to donate 99.5% of it to charity. “I believe the money will be of more use to society if disbursed philanthropically than if it is used to slightly reduce an ever-increasing U.S. debt,” he wrote.

So how do megabillionaires pay their megabills while opting for $1 salaries and hanging onto their stock? According to public documents and experts, the answer for some is borrowing money — lots of it.

For regular people, borrowing money is often something done out of necessity, say for a car or a home. But for the ultrawealthy, it can be a way to access billions without producing income, and thus, income tax.

The tax math provides a clear incentive for this. If you own a company and take a huge salary, you’ll pay 37% in income tax on the bulk of it. Sell stock and you’ll pay 20% in capital gains tax — and lose some control over your company. But take out a loan, and these days you’ll pay a single-digit interest rate and no tax; since loans must be paid back, the IRS doesn’t consider them income. Banks typically require collateral, but the wealthy have plenty of that.

The vast majority of the ultrawealthy’s loans do not appear in the tax records obtained by ProPublica since they are generally not disclosed to the IRS. But occasionally, the loans are disclosed in securities filings. In 2014, for example, Oracle revealed that its CEO, Ellison, had a credit line secured by about $10 billion of his shares.

Last year Tesla reported that Musk had pledged some 92 million shares, which were worth about $57.7 billion as of May 29, 2021, as collateral for personal loans.

With the exception of one year when he exercised more than a billion dollars in stock options, Musk’s tax bills in no way reflect the fortune he has at his disposal. In 2015, he paid $68,000 in federal income tax. In 2017, it was $65,000, and in 2018 he paid no federal income tax. Between 2014 and 2018, he had a true tax rate of 3.27%.

The IRS records provide glimpses of other massive loans. In both 2016 and 2017, investor Carl Icahn, who ranks as the 40th-wealthiest American on the Forbes list, paid no federal income taxes despite reporting a total of $544 million in adjusted gross income (which the IRS defines as earnings minus items like student loan interest payments or alimony). Icahn had an outstanding loan of $1.2 billion with Bank of America among other loans, according to the IRS data. It was technically a mortgage because it was secured, at least in part, by Manhattan penthouse apartments and other properties.

Borrowing offers multiple benefits to Icahn: He gets huge tranches of cash to turbocharge his investment returns. Then he gets to deduct the interest from his taxes. In an interview, Icahn explained that he reports the profits and losses of his business empire on his personal taxes.

Icahn acknowledged that he is a “big borrower. I do borrow a lot of money.” Asked if he takes out loans also to lower his tax bill, Icahn said: “No, not at all. My borrowing is to win. I enjoy the competition. I enjoy winning.”

He said adjusted gross income was a misleading figure for him. After taking hundreds of millions in deductions for the interest on his loans, he registered tax losses for both years, he said. “I didn’t make money because, unfortunately for me, my interest was higher than my whole adjusted income.”

Asked whether it was appropriate that he had paid no income tax in certain years, Icahn said he was perplexed by the question. “There’s a reason it’s called income tax,” he said. “The reason is if, if you’re a poor person, a rich person, if you are Apple — if you have no income, you don’t pay taxes.” He added: “Do you think a rich person should pay taxes no matter what? I don’t think it’s germane. How can you ask me that question?”

Skeptics might question our analysis of how little the superrich pay in taxes. For one, they might argue that owners of companies get hit by corporate taxes. They also might counter that some billionaires cannot avoid income — and therefore taxes. And after death, the common understanding goes, there’s a final no-escape clause: the estate tax, which imposes a steep tax rate on sums over $11.7 million.

ProPublica found that none of these factors alter the fundamental picture.

Take corporate taxes. When companies pay them, economists say, these costs are passed on to the companies’ owners, workers or even consumers. Models differ, but they generally assume big stockholders shoulder the lion’s share.

Corporate taxes, however, have plummeted in recent decades in what has become a golden age of corporate tax avoidance. By sending profits abroad, companies like Google, Facebook, Microsoft and Apple have often paid little or no U.S. corporate tax.

For some of the nation’s wealthiest people, particularly Bezos and Musk, adding corporate taxes to the equation would hardly change anything at all. Other companies like Berkshire Hathaway and Walmart do pay more, which means that for people like Buffett and the Waltons, corporate tax could add significantly to their burden.

It is also true that some billionaires don’t avoid taxes by avoiding incomes. In 2018, nine of the 25 wealthiest Americans reported more than $500 million in income and three more than $1 billion.

In such cases, though, the data obtained by ProPublica shows billionaires have a palette of tax-avoidance options to offset their gains using credits, deductions (which can include charitable donations) or losses to lower or even zero out their tax bills. Some own sports teams that offer such lucrative write-offs that owners often end up paying far lower tax rates than their millionaire players. Others own commercial buildings that steadily rise in value but nevertheless can be used to throw off paper losses that offset income.

Michael Bloomberg, the 13th-richest American on the Forbes list, often reports high income because the profits of the private company he controls flow mainly to him.

In 2018, he reported income of $1.9 billion. When it came to his taxes, Bloomberg managed to slash his bill by using deductions made possible by tax cuts passed during the Trump administration, charitable donations of $968.3 million and credits for having paid foreign taxes. The end result was that he paid $70.7 million in income tax on that almost $2 billion in income. That amounts to just a 3.7% conventional income tax rate. Between 2014 and 2018, Bloomberg had a true tax rate of 1.30%.

In a statement, a spokesman for Bloomberg noted that as a candidate, Bloomberg had advocated for a variety of tax hikes on the wealthy. “Mike Bloomberg pays the maximum tax rate on all federal, state, local and international taxable income as prescribed by law,” the spokesman wrote. And he cited Bloomberg’s philanthropic giving, offering the calculation that “taken together, what Mike gives to charity and pays in taxes amounts to approximately 75% of his annual income.”

The statement also noted: “The release of a private citizen’s tax returns should raise real privacy concerns regardless of political affiliation or views on tax policy. In the United States no private citizen should fear the illegal release of their taxes. We intend to use all legal means at our disposal to determine which individual or government entity leaked these and ensure that they are held responsible.”

Ultimately, after decades of wealth accumulation, the estate tax is supposed to serve as a backstop, allowing authorities an opportunity to finally take a piece of giant fortunes before they pass to a new generation. But in reality, preparing for death is more like the last stage of tax avoidance for the ultrawealthy.

University of Southern California tax law professor Edward McCaffery has summarized the entire arc with the catchphrase “buy, borrow, die.”

The notion of dying as a tax benefit seems paradoxical. Normally when someone sells an asset, even a minute before they die, they owe 20% capital gains tax. But at death, that changes. Any capital gains till that moment are not taxed. This allows the ultrarich and their heirs to avoid paying billions in taxes. The “step-up in basis” is widely recognized by experts across the political spectrum as a flaw in the code.

Then comes the estate tax, which, at 40%, is among the highest in the federal code. This tax is supposed to give the government one last chance to get a piece of all those unrealized gains and other assets the wealthiest Americans accumulate over their lifetimes.

It’s clear, though, from aggregate IRS data, tax research and what little trickles into the public arena about estate planning of the wealthy that they can readily escape turning over almost half of the value of their estates. Many of the richest create foundations for philanthropic giving, which provide large charitable tax deductions during their lifetimes and bypass the estate tax when they die.

Wealth managers offer clients a range of opaque and complicated trusts that allow the wealthiest Americans to give large sums to their heirs without paying estate taxes. The IRS data obtained by ProPublica gives some insight into the ultrawealthy’s estate planning, showing hundreds of these trusts.

The result is that large fortunes can pass largely intact from one generation to the next. Of the 25 richest people in America today, about a quarter are heirs: three are Waltons, two are scions of the Mars candy fortune and one is the son of Estée Lauder.

In the past year and a half, hundreds of thousands of Americans have died from COVID-19, while millions were thrown out of work. But one of the bleakest periods in American history turned out to be one of the most lucrative for billionaires. They added $1.2 trillion to their fortunes from January 2020 to the end of April of this year, according to Forbes.

That windfall is among the many factors that have led the country to an inflection point, one that traces back to a half-century of growing wealth inequality and the financial crisis of 2008, which left many with lasting economic damage. American history is rich with such turns. There have been famous acts of tax resistance, like the Boston Tea Party, countered by less well-known efforts to have the rich pay more.

One such incident, over half a century ago, appeared as if it might spark great change. President Lyndon Johnson’s outgoing treasury secretary, Joseph Barr, shocked the nation when he revealed that 155 Americans making over $200,000 (about $1.6 million today) had paid no taxes. That group, he told the Senate, included 21 millionaires.

“We face now the possibility of a taxpayer revolt if we do not soon make major reforms in our income taxes,” Barr said. Members of Congress received more furious letters about the tax scofflaws that year than they did about the Vietnam War.

Congress did pass some reforms, but the long-term trend was a revolt in the opposite direction, which then accelerated with the election of Ronald Reagan in 1980. Since then, through a combination of political donations, lobbying, charitable giving and even direct bids for political office, the ultrawealthy have helped shape the debate about taxation in their favor.

One apparent exception: Buffett, who broke ranks with his billionaire cohort to call for higher taxes on the rich. In a famous New York Times op-ed in 2011, Buffett wrote, “My friends and I have been coddled long enough by a billionaire-friendly Congress. It’s time for our government to get serious about shared sacrifice.”

Buffett did something in that article that few Americans do: He publicly revealed how much he had paid in personal federal taxes the previous year ($6.9 million). Separately, Forbes estimated his fortune had risen $3 billion that year. Using that information, an observer could have calculated his true tax rate; it was 0.2%. But then, as now, the discussion that ensued on taxes was centered on the traditional income tax rate.

In 2011, President Barack Obama proposed legislation, known as the Buffett Rule. It would have raised income tax rates on people reporting over a million dollars a year. It didn’t pass. Even if it had, however, the Buffett Rule wouldn’t have raised Buffett’s taxes significantly. If you can avoid income, you can avoid taxes.

Today, just a few years after Republicans passed a massive tax cut that disproportionately benefited the wealthy, the country may be facing another swing of the pendulum, back toward a popular demand to raise taxes on the wealthy. In the face of growing inequality and with spending ambitions that rival those of Franklin D. Roosevelt or Johnson, the Biden administration has proposed a slate of changes. These include raising the tax rates on people making over $400,000 and bumping the top income tax rate from 37% to 39.6%, with a top rate for long-term capital gains to match that. The administration also wants to up the corporate tax rate and to increase the IRS’ budget.

Some Democrats have gone further, floating ideas that challenge the tax structure as it’s existed for the last century. Oregon Sen. Ron Wyden, the chairman of the Senate Finance Committee, has proposed taxing unrealized capital gains, a shot through the heart of Macomber. Sens. Elizabeth Warren and Bernie Sanders have proposed wealth taxes.

Aggressive new laws would likely inspire new, sophisticated avoidance techniques. A few countries, including Switzerland and Spain, have wealth taxes on a small scale. Several, most recently France, have abandoned them as unworkable. Opponents contend that they are complicated to administer, as it is hard to value assets, particularly of private companies and property.

What it would take for a fundamental overhaul of the U.S. tax system is not clear. But the IRS data obtained by ProPublica illuminates that all of these conversations have been taking place in a vacuum. Neither political leaders nor the public have ever had an accurate picture of how comprehensively the wealthiest Americans avoid paying taxes.

Buffett and his fellow billionaires have known this secret for a long time. As Buffett put it in 2011: “There’s been class warfare going on for the last 20 years, and my class has won.”


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Amazon to buy MGM for $8.5 Billion: WTF?

opinions & observations

Above: Photo Collage by Lynxotic & New Press

There’s a joke somewhere in here but it’s hard to see it through the tears

Woody Allen’s onscreen counterpart, Alvy Singer, complaining about Hollywood Award Shows in “Annie Hall” remarked that a category of award for “Greatest Fascist Dictator” would not surprise him, and that Adolf Hitler would probably win.

Amazon, viewed from some neutral future date or by aliens from another planet would surely win the award for “Greatest Company to Amass Wealth & Power by Intentionally Losing Money” award. Or maybe just “World’s Biggest Ponzi Scheme”.

For now the fawning books and articles on the greatness of “Bezos’ Behmouth” continue to pile up.

An exception to the fawning fan fiction is “Monopolized: Life in the Age of Corporate Power” by David Dayen. The author also commented cogently on the current situation with Amazon and MGM. His thoughts shed much needed light on the simple and yet sadly overlooked truth about Amazon: its core mission is to monopolize not just online sales but all transactions that take place in the economy where a “cut” of those transactions can be extracted.

What’s with all these awards? They’re always giving out awards. Best Fascist Dictator: Adolf Hitler. — Alvy Singer

This viewpoint, it would seem, can be traced back to a rare case where Jeff Bezos let his guard down and accidentally explained a core concept of the Amazon business model.

He said, simply: “Your margin is my opportunity”.

With this seemingly innocuous and widely misinterpreted phrase he unleashed the dogs of hell on the world of commerce. The MGM deal, according to Dayen, who is also editor of The American Prospect, is yet another attempt to gut an industry with techniques designed to use predatory pricing strategies to crush all rivals.

The sub-head from his article states: “The company wants to control pricing on everything, and funnel as many transactions to itself as possible.”

Meanwhile, somehow, this statement is finally being generally understood in its real context.

Yet what is astounding is that this is not a supposition or an accusation, but rather is a stated fact, and how this company has behaved and operated for decades.

Putting 2+2 together, the common interpretation that there is an “innocent” pro-customer meaning possible, is finally being seen for the absurdity that it is.

Simple, Effective and Disgusting: Selling below cost or at a loss to harm competition

We’ve seen how that goes. In this case, since Amazon does not make any data available on the profitability of various business segments, using nearly $9 billion to enhance its “free with Prime” business creates yet another loss-leader opportunity to destroy the margins of all other streaming platforms, who, like other businesses actually have to make a profit or at least break even, unlike Amazon due to its cross-subsidization of products and services.

Amazon wants to control all economic activity in the United States and the world. It wants a cut of every transaction. — D. Dayen

Amazon as “cross-subsidized content devourer” is how Dayen described the inevitable outcome of the deal in his article.

He also succinctly argues that by using its virtually unlimited power and resources to devour an ever larger share of the market, ultimately the result will be to drive up costs for competitors (for I.P., production and star power) and achieve the goal of squeezing the already slim margins for those poor schmucks (or rich schmucks like Disney, HBO, Netflix, etc.) that don’t have an unlimited budget for intentional losses.

The playbook is so obvious and familiar that it’s almost laughable. That is, if not for the death and destruction that always follow in the next chapters of this plot schema.

They pick on an established industry where no one will have sympathy for the rich victims – did anyone feel sorry for Borders or other large book retailers? Does anyone cry over the loss of Diapers.com or Quidisi? When Birkenstock complains does anyone listen?

How can gutting the streaming industry or unassailable giants like Disney and HBO be bad? Isn’t it just capitalism at its finest? Should we start preparing the award now for “Greatest Consolidator of Content in History”?

But what about the “loss leader” system? What about the ultimate outcome of less competition and higher prices overall, an obvious harm to consumers, regardless of how stupid and convoluted the route is to get there?

By moving the market in a way that will make streaming a terrible business for any company that has to compete with this, “oughta be illegal” script, margins will, if the gambit succeeds, face a similar fate to the one that anyone who used to be in the retail book industry, or any of the other entire industries that Amazon has received kudos for destroying, knows all too well.

Dayen also makes the point that, once this thinly veiled ploy is seen for what it is, the harm, not only to Amazon’s competitors but to the general public, should be obvious and impossible to ignore.

Citing the similarities with the recently brought antitrust action by the Washington, DC attorney general, it is exactly this kind of pernicious practice, that Amazon has not only gotten away with for decades, but Bezos has been lionized for “inventing”.

That lawsuit, which deals with an Amazon clause in 3rd party marketplace terms and conditions (since altered to disguise its true intent) that 3rd party sellers must sell anywhere outside Amazon’s marketplace at the same or higher price that they have listed on Amazon, is a sign of a gradual shift toward seeing the real meaning of Amazon’s behavior.

Since there are massive, exorbitant fees added to every transaction for all 3rd party sellers, the only way for them to make any profit at all is to tack on the cost of those fees, meaning artificially higher prices.

Amazon has ways to retaliate through “dark patterns” of its own special stripe, by manipulating buyers behaviors on its web site, making sure that sellers that don’t toe the line will get, essentially, zero sales.

For Amazon this kind of bullying and blackmail is a “win-win-win”. They see and have tattooed into their DNA all pain, suffering and loss for anyone other than the company (AMZN) as a gain for them.

3rd party sellers caught in hell trying to survive while paying fees up to 43% or more without recourse to try and recoup by selling anywhere else at lower prices?

Amazon congratulates themselves. Sellers undercutting each other, in spite of those fees in an effort to behave like a “mini-Amazon” and getting into a race to the bottom death match with each other? Yippee! Great for Amazon, when they are dead, there are always new victims waiting in line to enter the cage.

How about sellers that obtain goods illegally, counterfeit, illegal imports, stolen products, remainders and aftermarket overstock? They are GREAT for Amazon because they put even more pressure on the individual, honest sellers to immolate themselves trying to survive (and eventually die via pricing suicide) while Amazon can claim to be offering lower prices!

Oh, and when they “do their best” to stop all those illegal sellers, albeit at a snails pace, they are bailed out by section 230 and can point to their “partners in crime”, the counterfeiters, the knockoffs from China, the illegal imports and the stolen and aftermarket goods and say: “We tried our best, these are just a few bad apples” laughing all the way through every board meeting.

“Your margin is my opportunity”, indeed.

Above: Photo Collage by Lynxotic

There are no mitigating factors here. There is no “good guy” or customer obsessed hero. Just evil and the dead or dying. Wake the fuck up, America.

The praise and adulation continues, even as the $400 million yacht is being prepared for its maiden voyage

It’s as if Bezos is given award after award for the “genius” of selling 1$ bills for .75 cents. Championed for using a strategy that masquerades short term margin destruction as “customer obsession”, pretending that the dumping levels of pricing won’t in the long run flip into price gouging and the destruction of competition.

Somehow the massive detriment to consumers and the society at large is overlooked amid all the parties celebrating the “genius”.

But have the chickens finally come home to roost? Is anyone seeing a pattern of systematic use of the same tactics over and over, applied to each and every sector that Amazon chooses to “disrupt”? They didn’t get the nickname “grim reaper” for nothing. The problem is that it was meant as a compliment.

It is a sea change in the antitrust orientation, a sea change that is desperately needed, and with Lina Kahn and Columbia Law School professor Tim Wu, it might be just over the horizon. Could even have a chance to come about.

That change, so long overdue, could finally begin the process of dismantling the damage wrought and and still to come, if there is no interdiction.

The worm will eventually turn. When? After decades of obvious abuse and criminal behavior, completely and willfully ignored (too complicated to see).

Will there eventually be so many victims that they will outnumber the duped and the sycophants? Stay tuned.

Monopolized: Life in the Age of Corporate Power

David Dayen (Author)

This is a world where four major banks control most of our money, four airlines shuttle most of us around the country, and four major cell phone providers connect most of our communications. If you are sick you can go to one of three main pharmacies to fill your prescription, and if you end up in a hospital almost every accessory to heal you comes from one of a handful of large medical suppliers.

Over the last forty years our choices have narrowed, our opportunities have shrunk, and our lives have become governed by a handful of very large and very powerful corporations.

Today, practically everything we buy, everywhere we shop, and every service we secure comes from a heavily concentrated market.

Dayen, the editor of the American Prospect and author of the acclaimed Chain of Title, provides a riveting account of what it means to live in this new age of monopoly and how we might resist this corporate hegemony.

Through vignettes and vivid case studies Dayen shows how these monopolies have transformed us, inverted us, and truly changed our lives, at the same time providing readers with the raw material to make monopoly a consequential issue in American life and revive a long-dormant antitrust movement.


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Elon Musk looking to fix Dogecoin System Transaction Efficiency after Bitcoin Reversal

As has been the case throughout, Elon Musk is Pro Crypto

As can be seen in the tweet above, Elon Musk has announced that he is working with Dogecoin developers to improve system transaction efficiency. He feels, apparently that this ongoing development, an effort to improve energy efficiency, no doubt, is “promising.

This comes after both his silly kinda-sorta negative jokes from his Saturday Night Live appearance a week ago, and his subsequent announcement regarding bitcoin and issues with energy consumption (see below).

Regardless of those issues being about perception or reality, which is an ongoing hot debate within the crypto community, at least the issue of making crypto even more viable as a medium of exchange and store of value is being talked about in good faith serious tones.

This is an indicator of his highly positive attitude and beliefs regarding the future of Bitcoin, Dogecoin and cryptocurrencies in general.

PR nightmare abated and pre-empted by announcement that Tesla will no longer accept Bitcoin

In a sudden about-face Elon Musk announced that Tesla would not accept Bitcoin for its environmentally friendly electric vehicles after all. This, after the company made big news when it purchased $1.5 billion of the cryptocurrency which was revealed in an SEC filing.

In the first quarter report of 2021 the company revealed that it sold a portion of its Bitcoin and netted a $101 million profit. That number represented nearly a fourth of the reported total profits for the quarter.

An even larger contributing factor to the positive news at the time was the massive sales of regulatory credits were $518 million. In other words, profit from Bitcoin and government subsidies was basically 100% of the upside. Car sales, not so much.

Enter the massive media frenzy over the energy use “wasted” on Bitcoin mining and you have a PR disaster waiting to happen for Tesla and Musk. Naturally, clever lad that he is, it was prudent to cancel, at least temporarily the policy of allowing customers to pay with Bitcoin.

Odd thing is, there are many worse things sucking up energy than Bitcoin. And the mining will not stop or slow down because Tesla is not getting any for its cars. But the perception that there’s a “great cost to the environment” from crypto-mining is enough to make this sudden announcement mandatory from a PR standpoint.

Though not mentioned in the tweet where this policy change was announced, it is unlikely that Tesla will go forward with accepting Dogecoin, which was mentioned recently by Musk also, due to the perceived similarities in the mining process.

In the statement attached to Musk’s tweet he also states that they will potentially use a crypto currency if it can be used at an energy cost of less than 1% of Bitcoin per transaction.

This is a separate issue from the mining energy usage but it has also been a criticism that the energy expended to transact using Bitcoin is very high, compared to what is a separate question. Perception is at the root, but wanting more efficient crypto is certainly a laudable goal.

This part of the statement will no doubt lead to feverish speculation as to which cryptocurrency might meet his stated requirements.

Elon Musk’s support for cryptocurrency is, like his commitment to sustainable energy, a positive stance and, before his personal success became completely overblown, a courageous one.

Taking on the fossil fuel industry, it’s easy to forget, was no easy feat in the early days. And, similarly, the inevitable upcoming clash between crypto-adherents and governments (printers of fiat currencies) will need established eminent “super-citizens” to give crypto a chance of survival.

For that reason it is good to see that this does no represent a rejection of crypto itself on Musk’s part, but a necessary response to mounting criticism based on the perception of hypocrisy.

You can bet that, if there is a way to mine with sustainable energy sources (actually in many ways already happening) he will reverse his stance yet again.


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Elon Musk Announces BitCoin Reversal

Perception is Reality and the Perception is Bad

In a sudden about-face Elon Musk announced that Tesla would not accept Bitcoin for its environmentally friendly electric vehicles after all. This, after the company made big news when it purchased $1.5 billion of the cryptocurrency which was revealed in an SEC filing.

In the first quarter report of 2021 the company revealed that it sold a portion of its Bitcoin and netted a $101 million profit. That number represented nearly a fourth of the reported total profits for the quarter.

An even larger contributing factor to the positive news at the time was the massive sales of regulatory credits were $518 million. In other words, profit from Bitcoin and government subsidies was basically 100% of the upside. Car sales, not so much.

Enter the massive media frenzy over the energy use “wasted” on Bitcoin mining and you have a PR disaster waiting to happen for Tesla and Musk. Naturally, clever lad that he is, it was prudent to cancel, at least temporarily the policy of allowing customers to pay with Bitcoin.

Odd thing is, there are many worse things sucking up energy than Bitcoin. And the mining will not stop or slow down because Tesla is not getting any for its cars. But the perception that there’s a “great cost to the environment” from crypto-mining is enough to make this sudden announcement mandatory from a PR standpoint.

Though not mentioned in the tweet where this policy change was announced, it is unlikely that Tesla will go forward with accepting Dogecoin, which was mentioned recently by Musk also, due to the perceived similarities in the mining process.

In the statement attached to Musk’s tweet he also states that they will potentially use a crypto currency if it can be used at an energy cost of less than 1% of Bitcoin per transaction.

This is a separate issue from the mining energy usage but it has also been a criticism that the energy expended to transact using Bitcoin is very high, compared to what is a separate question. Perception is at the root, but wanting more efficient crypto is certainly a laudable goal.

This part of the statement will no doubt lead to feverish speculation as to which cryptocurrency might meet his stated requirements.

Elon Musk’s support for cryptocurrency is, like his commitment to sustainable energy, a positive stance and, before his personal success became completely overblown, a courageous one.

Taking on the fossil fuel industry, it’s easy to forget, was no easy feat in the early days. And, similarly, the inevitable upcoming clash between crypto-adherents and governments (printers of fiat currencies) will need established eminent “super-citizens” to give crypto a chance of survival.

For that reason it is good to see that this does no represent a rejection of crypto itself on Musk’s part, but a necessary response to mounting criticism based on the perception of hypocrisy.

You can bet that, if there is a way to mine with sustainable energy sources (actually in many ways already happening) he will reverse his stance yet again.


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Trump will Launch Social Network “In a Few Months” according to Spokesperson

No where to go, now an attempt to go solo

After a lifetime ban from Twitter and other social media outlets in the aftermath of inciting the January 6th terrorist attack on the Capitol, today, on Fox News, a Trump spokesperson announced that he is starting his own network.

 Long-time adviser and spokesperson for the Trump campaign, Jason Miller,  stated on on Fox’s “MediaBuzz” that the former guy would be “returning to social media in probably about two or three months.” 

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In typical fashion spokesperson says it will be huge

Next he bragged that his return to social media would be via “his own platform” and that this new network would garner “tens of millions” of users and in his opinion would also “completely redefine the game.”

 “It’s going to completely redefine the game, and everybody is going to be waiting and watching to see what President Trump does, but it will be his own platform.”

—Jason Miller, Trump Spokesperson

This news comes at a time when the furor of constant rage tweeting from the former guy has finally died down. It remains to be seen if this announcement is credible as there are pending legal and financial challenges that could potentially stand in the way of such an undertaking. 


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Epic Battle over News Content Payments is Moving Next to Europe

Possible WW3 over Digital Ads with Zuck & Google Vs MSFT & Apple

Sometimes, in order to tackle a complicated subject it is necessary, first, to take a step back. For example, before tech and the internet became the dominant economic force it is today there were hundreds, even thousands of companies that had important roles to play in the economy.

Not they other companies are unimportant today, but the sheer scale of trillion dollar (and growing) tech companies such as Google, Facebook who combined represent a near monopoly in digital advertising, and Apple and Microsoft, each also with strangleholds in some markets, but on the outside in the war over digital ad income.

This disparity and imbalance is so massive as to be nearly unprecedented in history. And, now, as the first blind hero worship phase has ended, we are entering a phase where the nearly ubiquitous influence and dominance over lives and fortunes are finally being questioned.

Next up: The war erupting as a result of the extreme correlation between the entrenched and overwhelming dominance of Facebook and Google in digital ads, the income source of media producers, and the near demise of that industry.

The situation has finally become so critical and lopsided that governments are finally stepping in to enforce changes that could never happen while one side, the “dominant digital platforms” holds all the cards and power.

One new axiom that has emerged with the rise of big tech monsters is that only a monster can hope to prevail in a war with another monster. Enter Kong vs Godzilla.

In this emerging world war it is more complicated still; on one side are the parallel duo of Facebook and Google, with similarities in the way they dominate digital advertising, but also in that they share a “surveillance” based business model using private user data to control markets and traffic.

On the other side are Apple, which has staked a claim to user privacy as a means to clearly differentiate a positive product and service based model, Microsoft, that appears to simply want to play the underdog as a search engine alternative to google and a “smaller” player in the digital ad space.

And then, in a corner of distinction above all others, lies the power of world governments.

World governments are playing a pivotal role as a kind of referee – finally stepping in, as the dangers and damage caused already by the duo of Facebook and Google, have awakened the possible regulatory, anti-trust actions that only they can enforce.

First was the rumble down under, now, on to Europe and North America

Even as a kind of truce has erupted in Australia, with the government making specific alterations to the News Media Bargaining Code that, apparently, appeased Facebook enough to withdraw its universal ban on hosting Australian news product.

According to AP News: Google and Facebook, take a combined 81% of online advertising in Australia and initially condemned the code as unworkable.

That has rapidly changed, and the stand-off has come to at least a temporary end.

Also likely, is that the massive demand for an app offering direct access to some of the exact stories that Facebook banned sent a strong enough message that competition for viewers is only one click away.

Motivating the two sides to come to terms and for Facebook to back down from its draconian stance vis-à-vis the new law.

Even as the Aussie skirmish fades a new front in Europe is emerging

Microsoft announced on February 22nd that is was joining a coalition of European Publishers to promote an “Aussie style” code for digital platforms to remunerate news content producers.

In addition to Microsoft, groups involved include the European Publishers Council (EPC), News Media Europe (NME), European Newspaper Publishers’ Association (ENPA), and European Magazine Media Association (EMMA).

Previously, Microsoft had already Earlier this month, Microsoft was lobbying in support of other countries following Australia’s lead in creating legislation mandating that news outlets to be paid for articles published on the platforms in the United States, Canada, the European Union, and other countries.

“We welcome Microsoft’s recognition of the value that our content brings to the core businesses of search engines and social networks because this is where Google and Facebook generate the vast majority of their revenues.

It is crucial that our regulators recognise this key point, and don’t get misled into thinking that side deals on the basis of a stand-alone product are the same thing, because they are not at all and undermine the neighbouring rights that we have been granted. All publishers should get an agreement – no one should be left out”.

-CHRISTIAN VAN THILLO, CHAIRMAN OF THE EUROPEAN PUBLISHERS COUNCIL

EPC, NME, ENPA, EMMA, and Microsoft call for arbitration to be implemented in European or national law that requires search engines and media platforms that aggregate news pay for content based on the Publisher‘s Right set out in Directive 2019/790.

Pandora’s Box is open and spilling all over the highway

Interestingly, Microsoft is, in a roundabout and equally self-severing way (according to critics) is now the second trillion dollar tech monster to take a direct stance against Facebook and Google and the monopoly strangle hold the enjoy over the financial life-blood of advertising that is essential for journalism and news production to survive, let alone flourish.

Source: StatCounter Global Stats – Search Engine Market Share

Critics will point out that Microsoft’s Bing search engine with a tiny market share compared to Google (in chart above the ridiculous 90% plus monopoly can be seen) has nothing to lose and everything to gain by supporting government efforts to even the playing field. And Apple? Facebook has already declared war and alleged all sorts of evil motivations for the privacy controls being built into its operating systems.

But that kind of talk is a bit late and weak now that the ultimate tech monster showdown has already begun. The first crack in a flawed and destructive business model, one shared to a great degree by both Facebook and Google has seen its first failure. Many more are yet to come.

And, last but not least, Microsoft and Apple are positioning themselves as the “good guys” and siding with governments and the News production organizations, partly, in order to be seen in a more positive light in case various anti-trust and regularity battles loom between either of them and the governments that are, currently, also investigating all of the giants.

By the way, seen any of Amazon’s recent “we are good guys, despite what you might have heard, seen or experienced” commercials? Small tip: if you have to spend millions on commercials trying to convince people you are not an evil greed-obsessed avaricious crap-ass company then you probably are exactly that.

The horses are out of the barn so grab your popcorn and get ready for this to get strange soon. After Europe Canada and then the US is coming into the ring.


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Trump is Guilty of High Crimes but 43 vote to Acquit

Opinion and observation:

The meaning of this ongoing assault on the truth

One thing that was unavoidable during this unprecedented 2nd impeachment process was the sense that the facts and evidence of a heinous series of crimes left any sane individual utterly devoid of any doubt that Trump was guilty. And yet, in the face of so many facts and so many public acts, a minority of 43 Republicans voted to acquit and stood up to say, with that vote, that they do not care about the law, the constitution or even this country.

Read more: Trump’s Best Impeachment Defense: ‘I’m a Buffoon and it was all a Joke’

What that means going forward is only clear in a few, but very important, respects. It is clear that the majority in this country – demonstrably sane Republicans like the seven that did vote to convict, and the roughly 259 million that do not support Trump’s insanity – will have to continue to fight for what they believe in – even if opinions are diverse, and fight as much as necessary for the basic understanding that we will never follow a wannabe dictator and criminal.

Again, what is clearer today than before the trial, is that the forces that propelled Trump into power and, even to this day, seek to maintain some kind of grip on the poison political tribalism he stands for, will attempt to use it to regain power again and try to use it to terrorize the rest of us.

Read more: Georgia initiates Criminal Investigation into Trump’s call

No muddy waters, no reasonable doubt, just complicit co-conspirators

The inescapable takeaway from the entire fiasco of the so-called “Trump-era” is that, without some kind of active and confrontational prevention from those that believe in democracy and democratic values, there will be a continue to be a force from the far right that will fill any void and seek to destroy this country and potentially the world.

Because, in the end, political disagreements over tax policy, immigration, and so many other admittedly important concerns, it is the pro-oil, anti-environmental, climate change-denying racist and corrupt evil that must be prevented, from this moment forward, from ever wielding power in this country again.

There is no reconciliation with a coalition that seeks to destroy the world in the name of religious fantasies and lust for a racist reckoning or misanthropic judgement day.

No Justice, no Peace

The future will, quite simply, not exist if neanderthal bigots (sorry neanderthals, you deserve better) with zero moral consciousness are permitted any say in government. This is not a political disagreement or lack of consensus. This is dangerous criminal terrorist elements that believe they have the right to decide the future of this country for all of us, against any person that holds views that would prevent Trump or any person with his destructive and worthless character.

Trump’s hyperbolic call to arms: “If you don’t fight, you won’t have a country” is, in reality, some kind of perverse projection, as it is us, those that have been terrorized by this malignant clown, that must listen and realize that he is right, not about the duped and manipulated followers he was lying to, but about us: we are the ones that almost lost our country.

And who should be the judge of the character of would be “leaders”? That is, and must be, we the people. If there are, in reality, 74 million people who are either brainwashed or simply ignorant enough to support a criminal like Trump, then the will of the majority, of the 259 million with the better sense not to support such a person, must be the arbiter of what is right.

The next chapter in the ugly and disgusting Trump saga will be private and legal efforts to stop him or anyone descending from his corrupt and bankrupt “cause” from re-entering the political arena.

This must not be seen as petty vengeance but as a sacred quest to protect, not only this country, but the entire world from the plague that we have all witnessed and endured other the last 5 years.

The losses must be recovered and the wrongs set right

The poisoning of the national discourse, the destruction of institutions, the loss of lives in the insurrection and the nearly half a million dead, in part, due to maladministration of the government response to the pandemic, all of this and so much more might not have happened if Trump had been stopped sooner.

There is no clearer course, and no outcome more important to prevent, than any return to the horrors that were perpetrated with this demented and dangerous man at the helm of our country.

And the proof today is in the bogus acquittal by 43 ,who share his guilt, proof of the absolute necessity to actively prevent any reemergence of his poisonous reign, or that of any acolyte that may attempt to rise carrying his diseased, corrupt mantel.


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Trump’s Lawyers submit Legal Docs: Misspelling ‘United States’ – Twice

Downhill from the start, with proofreading as optional

The defense team for Trump issued a response for his upcoming impeachment trial to the House of Representatives last week.  The document was widely mocked because the article, besides having questionable content, had egregious grammatical and spelling errors (within the first page).

The major spelling error, on the first page, addressed members of the “Unites” (instead of United) State Senate. 

The same mistake! Again! “Unites” States: (fix your spell checker and proofread?)

Less than a week after submitting their initial legal brief, the 78-page brief, again referred to the country Trump used to be a President as “Unites States”.

Within the initial filings, the newly installed attorneys to lead the impeachment trail: Bruce Castor and David Schoen argued that former president Trump should not face impeachment relating to the Jan. 6 Capitol insurrection because he is out of office. 

From the Independent: They’re also reminiscent of the president and his allies’ chaotic legal effort to overturn the legitimate election results, where lawyers backing the president bungled basic composition somewhat regularly, once writing “DISTRCOICT” instead of “district,” and submitting another lawsuit with a promise it contained “plenty of perjury.”

The legal team continued using Trump’s unsubstantiated claims that the 2020 presidential election was “suspect”.

https://twitter.com/marceelias/status/1356698300406239239?s=20

Another element that Trump’s defense is using is that the his freedom of speech was protected under the First Amendment. 

“The actions by the House make clear that in their opinion the 45th President does not enjoy the protections of liberty upon which this great Nation was founded, where free speech, and indeed, free political speech form the backbone of all American liberties,” the legal memo says. 

Twitter users were quick to respond back that someone’s rights to the First Amendment does have limits, one of which is a violent insurrection. 

https://twitter.com/MollyJongFast/status/1356657925574586375?s=20

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Mark Zuckerberg Joins Clubhouse: Crashes the App (for a short time)

On a crazy night Zuckerberg, KimDotCom and Guy Kawasaki all join rooms at the same time

Clubhouse, the red hot “social audio” app which is growing, even by invitation only by the millions per week. Part of the appeal is the up-close and personal audio interactions that happen among people from all walks of life; including big names. Last week it was Elon Musk “interviewing” the CEO of Robinhood (see video below).

KimDotCom is a bit of a crazy one, could be perhaps called infamous rather than famous, as the founder of “MegaUpload” and the New Zealand Extradition saga. There’s a strange kind of irony to having Mark Zuckerberg show up. Obviously it shows how Clubhouse is just too hot to ignore – it will probably spur rumors that he is circling the rooms with designs on acquiring or copying the app.

We have been testing Clubhouse for a future feature article and it is truly remarkable what the atmosphere is while using the app. The intimacy of group audio, combined with a kind of democratic algorithm / interface (for the most part), makes for a social media experience that is nothing like any other platform that has caught on.

In some ways it’s like being at a huge trade show like CES and going to a keynote or a panel discussion. However, the fact that it is live 24/7 365 days a year makes for more impromptu access, more spontaneity and more… chaos (sometimes for good or…).

Clubhouse was launched, in what may be the most fantastically serendipitous timing ever, in March 2020. Tearing a page, ironically, from the Zuckerberg and Facebook playbook, it has been and continues to be an invitation only club.

Read more: Zendaya’s ‘Malcolm & Marie’ drops Tomorrow on Netflix: check the trailer now

After the session with Zuckerberg was over one of the “Stage” speakers coined the term “Digital Teepee” to describe the feeling of being in such an intimate setting with such a controversial figure like Mark Zuckerberg. Others speculated what his motivations might have been to join the club.

In a nod to the “Trade-show” aspect the first affinity group was… Venture Capitalists

In an interesting twist, however, the initial focus for invites was not on college students, as was the case with the early days of facebook, but mainly consisted of venture capitalists.

Perhaps this was indirectly related to the fact that , Alpha Exploration Co., the company behind Clubhouse was launched after a $12 million investment came from Andreessen Horowitz after they had only been in existence for approximately two months.

The invitations are being handed out more liberally now and the “club” is growing at over a million users per week at the moment. The demand is so extreme, however, that invites are even being sold on eBay in the US and even on equivalent platforms in China and elsewhere.

In a first, in what will almost surely crash the app again, Netflix will be doing a promotional room (which has never happened before) to promote Zendaya’s new film‘Malcolm & Marie’ which will be live on Netflix tomorrow.


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Jeff Bezos will step down as Amazon CEO: will Exec Chair position allow remote control?

All signs point to continued involvement, or?

Founder and CEO of Amazon, Jeff Bezos has announced he will step down and become executive chairman.  Andy Jassy, the current cloud computing chief, will become the next CEO stated for the third quarter. 

Read more: Spacex’s Starlink Broadband Speed Goal just went into the Stratosphere

During the pandemic and recent holidays, Amazon with its warehouses open, recorded sky-high profits reaching quarterly sales over $100 billion.

Read More: Amazon declines to join Google, Facebook and Microsoft in French “Tech for Good Call”

Based on a memo posted for Amazon employees, Bezos noted:  “As Exec Chair I will stay engaged in important Amazon initiatives but also have the time and energy I need to focus on the Day 1 Fund, the Bezos Earth Fund, Blue Origin, The Washington Post, and my other passions.”

Read more: Apple’s Tim Cook: ‘A social dilemma, cannot be allowed to become a social catastrophe’

Or:

Though his Exec Chair position may mean that very little changes going forward, based on the challenging prospects for the huge and much criticized firm it may indeed signal the end of an era.



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Trump is Permanently Banned from Twitter

After close review of recent tweets

This is a breaking news story

Suffice it to say for the moment: He deserved it and it’s about time. The fact that his account was re-activated after a short pause was a strange choice by the platform. At least they made the right one in the end. Here’s the official tweet

Read more: Finally: Shopify, Twitter, Facebook and Instagram freeze Trump accounts

Read more: Trump Overseas Flight Plan Timed to Avoid Inauguration Ceremony

Read more: Trump’s Mystery Companion Revealed

https://twitter.com/TwitterSafety/status/1347684878574366721?s=20
https://twitter.com/TwitterSafety/status/1347684880403066881?s=20
https://twitter.com/CrypticNotAlone/status/1347686710877057031?s=20

Below the full text from the official Twitter bog explaining, in detail the action taken and why:

After close review of recent Tweets from the @realDonaldTrump account and the context around them — specifically how they are being received and interpreted on and off Twitter — we have permanently suspended the account due to the risk of further incitement of violence. 

In the context of horrific events this week, we made it clear on Wednesday that additional violations of the Twitter Rules would potentially result in this very course of action. Our public interest framework exists to enable the public to hear from elected officials and world leaders directly. It is built on a principle that the people have a right to hold power to account in the open. 

However, we made it clear going back years that these accounts are not above our rules entirely and cannot use Twitter to incite violence, among other things. We will continue to be transparent around our policies and their enforcement. 

The below is a comprehensive analysis of our policy enforcement approach in this case.

Overview

On January 8, 2021, President Donald J. Trump tweeted:

“The 75,000,000 great American Patriots who voted for me, AMERICA FIRST, and MAKE AMERICA GREAT AGAIN, will have a GIANT VOICE long into the future. They will not be disrespected or treated unfairly in any way, shape or form!!!”

Shortly thereafter, the President tweeted:

“To all of those who have asked, I will not be going to the Inauguration on January 20th.”

Due to the ongoing tensions in the United States, and an uptick in the global conversation in regards to the people who violently stormed the Capitol on January 6, 2021, these two Tweets must be read in the context of broader events in the country and the ways in which the President’s statements can be mobilized by different audiences, including to incite violence, as well as in the context of the pattern of behavior from this account in recent weeks. After assessing the language in these Tweets against our Glorification of Violence policy, we have determined that these Tweets are in violation of the Glorification of Violence Policy and the user @realDonaldTrump should be immediately permanently suspended from the service. 

Assessment

We assessed the two Tweets referenced above under our Glorification of Violence policy, which aims to prevent the glorification of violence that could inspire others to replicate violent acts and determined that they were highly likely to encourage and inspire people to replicate the criminal acts that took place at the U.S. Capitol on January 6, 2021.

This determination is based on a number of factors, including:

  • President Trump’s statement that he will not be attending the Inauguration is being received by a number of his supporters as further confirmation that the election was not legitimate and is seen as him disavowing his previous claim made via two Tweets (12) by his Deputy Chief of Staff, Dan Scavino, that there would be an “orderly transition” on January 20th.
  • The second Tweet may also serve as encouragement to those potentially considering violent acts that the Inauguration would be a “safe” target, as he will not be attending. 
  • The use of the words “American Patriots” to describe some of his supporters is also being interpreted as support for those committing violent acts at the US Capitol.
  • The mention of his supporters having a “GIANT VOICE long into the future” and that “They will not be disrespected or treated unfairly in any way, shape or form!!!” is being interpreted as further indication that President Trump does not plan to facilitate an “orderly transition” and instead that he plans to continue to support, empower, and shield those who believe he won the election. 
  • Plans for future armed protests have already begun proliferating on and off-Twitter, including a proposed secondary attack on the US Capitol and state capitol buildings on January 17, 2021. 

As such, our determination is that the two Tweets above are likely to inspire others to replicate the violent acts that took place on January 6, 2021, and that there are multiple indicators that they are being received and understood as encouragement to do so.


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Apple Car Confirmed: talks with Potential MFG Partners including Hyundai underway

Above: Photo Collage Apple / Lynxotic

Following leaks and rumors, a more definitive statement from Hyundai

In December 2020, a Reuters story cited sources with knowledge of the project to confirm the existence of the long rumored “Project Titan” otherwise known as the “Apple Car”. Now, based on a statement from a Hyundai spokesperson, “AppleCar” is moving forward in the form of discussions with potential manufacturing partners.

Hyundai also confirmed to CNBC that discussions with Apple has begun, but added the caveat that they “understand that Apple is in discussion with a variety of global automakers, including Hyundai Motor. As the discussion is at its early stage, nothing has been decided.”

This hesitation could stem from the possibility that the initial statement may have been interpreted as hinting that an agreement could be imminent, sending Hyundai’s stock 23% higher. The surge in the price followed a  report by the Korea Economic Daily which had implied that Apple suggested the tie-up and Hyundai Motor was reviewing  terms.

Apple doing what Apple does

Even after the Reuters report in December, many were still skeptical, and today the time frames being discussed are very conservative mentioned a 7 year time horizon, even while the Reuters report mentioned at least the possibility, however remote, that 2024 could see an actual release onto the consumer market. 

It is historically established that Apple often enters established markets for specific products and, in may cases, makes a ultra high quality, uniquely “Apple” version. EVs are now firmly established as the future of individual sustainable transport, but with Tesla having set the quality and popularity bar as high as it has, Apple will have a challenge ahead of it to produce a likely self-driving fully realized electric vehicle to match the state of the art in 2024 and beyond. 

At CES 2020 Hyundai unveiled new technologies they already have in development, such as EVs, driverless and even flying cars.

The fact that Tesla founder Elon Musk is now the richest man in the world, after removing that title from Amazon founder Jeff Bezos, is not a factor in the “race” to build the best software and hardware for the future of EVs, but is an added dramatic fact that serves as a backdrop to the intrigue.

And hey, wow, imaging having a variety of non-polluting, sustainable energy vehicles to choose from by the worlds top manufacturers and with Apple and Tesla battling it out at the high end to provide the best and most desirable.


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Finally: Shopify, Twitter, Facebook and Instagram freeze Trump accounts

Above: Photo Collage / Lynxotic / Adobe Stock

The day after it would have helped, better late than never

After more than four years of tyrannical abuse of social media and the eCommerce hawking of propaganda trinkets, Facebook, Instagram, Twitter and even Shopify have put blocks on Trump accounts.

Particularly in the case of Facebook, the timing is somewhat unsatisfying. Facebook, as many can recall, has supported Trump “fake” and misleading advertising since before the 2016 election. Those ads were, according to many, a very big reason that he was elected at all. This was a huge mistake of history, one might say, and the mistake started at Facebook.

Naturally, being “arbiter of the truth” or not, is an entirely different issue, because it is the warlord-like raking-in of millions upon millions, if not billions of dollars, by blindly allowing lies, hate, racism and worse be propagated as political advertising, that has been the clear “wrong” that Facebook allowed and profited from.

So, it’s ,at least somehow, a belated comfort that, at least for the moment, ads fomenting violent overthrow of the imaginary “deep state” or sales of MAGA hats that finance said ads, are no longer running in tandem like some kind of dystopian fascist nightmare machine.

At least the media, much of the government and now a lot of big tech and social media are united in one simple thought: Trump is simply a criminal and aiding him in any way make you and your company one also. So, yes, shut it down, now.

Shopify

Shopify, the multinational e-commerce company that hosted shops that relate to Trump’s campaign products as well as Trump’s personal brand have both been taken down. Those who attempt to go to TrumpStore.com or shop.donaldjtrump.com, known for selling the official Trump MAGA merchandise will be meet with error messages as the sites were taken down Thursday morning.  

A spokesperson for the company released the following statement following the terminated stores affiliated with Trump: 

“Shopify does not tolerate actions that incite violence. Based on recent events, we have determined that the actions by President Donald J. Trump violate our Acceptable Use Policy, which prohibits promotion or support of organizations, platforms or people that threaten or condone violence to further a cause,”

-Spokesperson for shopify

Twitter

https://twitter.com/TwitterSafety/status/1346970431039934464?s=20

Twitter also added that “Future violations of the Twitter Rules, including our Civic Integrity or Violent Threats policies, will result in permanent suspension of the @realDonaldTrump account.”

Trump has since deleted the three tweets that led to the temporary suspension of his account.  Trump’s account will remain locked for an additional 12 hours after the deletion.  It is not clear the exact timing of when the tweets were deleted and when Trump will be allowed to post again, he has yet to tweet. According to CNBC,  the lock could be removed around 3 p.m. ET.

Facebook

Trump’s official Facebook and Instagram accounts have both been locked due to policy violations. Facebook Newsroom released a statement via Twitter starting on January 6 at 8:36 p.m. ET, stating that Trump’s account would be blocked for 24 hours. On January 7th, they updated its statement to explain the extent of the block would be “indefinitely and for at least the next two weeks until the peaceful transition of power is complete.”

CEO and founder, Mark Zuckerberg also released his own statement on the matter:  

“The shocking events of the last 24 hours clearly demonstrate that President Donald Trump intends to use his remaining time in office to undermine the peaceful and lawful transition of power to his elected successor, Joe Biden.

His decision to use his platform to condone rather than condemn the actions of his supporters at the Capitol building has rightly disturbed people in the US and around the world. We removed these statements yesterday because we judged that their effect — and likely their intent — would be to provoke further violence.

Following the certification of the election results by Congress, the priority for the whole country must now be to ensure that the remaining 13 days and the days after inauguration pass peacefully and in accordance with established democratic norms.

Over the last several years, we have allowed President Trump to use our platform consistent with our own rules, at times removing content or labeling his posts when they violate our policies. We did this because we believe that the public has a right to the broadest possible access to political speech, even controversial speech. But the current context is now fundamentally different, involving use of our platform to incite violent insurrection against a democratically elected government.

We believe the risks of allowing the President to continue to use our service during this period are simply too great. Therefore, we are extending the block we have placed on his Facebook and Instagram accounts indefinitely and for at least the next two weeks until the peaceful transition of power is complete.”

Instagram

Head of Instagram, Adam Mosseri also took to Twitter to confirm that Trump’s account for the platform had also been placed on a hold.


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Apple Innovation in 2021 and Beyond

Apple had a big year – but how big will first become apparent in 2021

By now, it is not unexpected for the latest iteration of the iPhone, iPhone 12 in this case, to do well and even best the competition across the board in any given year. While it is nearly an automatic ritual that doubt will be cast, and the demise or at least diminution of the iPhone and Apple are predicted, nearly every year the opposite in the case.

Read More: Apple 32-core M1X chips for Mac Pro are just the tip of the tip of a very important iceberg…

This year was different. There was plenty of doubt – but the surprise announcement of the M series of chips for mac and the even more surprising benchmarks and performance improvements pretty much obliterated the doubters. 

Not only that, but a layer beneath that headline news was a secondary layer of innovation and areas where long planned improvements came to fruition.

The first steps into a massive multi-year system software transition, one that will eventually merge the mobile operating systems of the iPhone, iPad, Apple watch, etc with the mac, moved seemingly ahead of schedule, with the huge improvements in iOS 14 and macOS Big Sur.

And all the various services such as Apple TV+ and many other offerings made huge strides as well. 

As a matter of fact, a list of all the upgrades, added features and new services and products would be so long and varied that the transcription is beyond the reach of a simple article such as this one. 

However, that alone is not where some of the biggest changes and most surprising evolutions have occurred. The real “action” so to speak is in the integration and unexpected by-products of the merging and deepening of all the new features and settings. 

Take for example the macs that feature the M1 chip. It is not the chip itself, not even the new operating system that has the most impact on the performance or usability of the machines. 

It is the integrated functionality of the various elements of the chips – Apple M1,  the first ARM-based system on a chip – composed of several different components including the CPU, GPU, unified memory architecture (RAM), Neural Engine, Secure Enclave, SSD controller, image signal processor, encode/decode engines, Thunderbolt controller with USB 4 support, all of which are made more powerful by the continuously upgraded software system.

This – a kind of invisible interactive and synergistic ecosystem – not only has at it’s heart the “whole widget” philosophy legacy of Steve Jobs, but also a new and insanely futuristic definition of “whole” which now includes these proprietary Apple chips (CPU, GPU, NE), plus A.I. / machine learning and system core operating as one continuously evolving and reinforcing “unit”. 

The future is already here, we just don’t see it like fish, maybe, never heard of a thing called water…

This new concept of the constantly increasing potential advancement in efficiency and power is not only the new standard basis for what constitutes computing technology at Apple, but will emerge as the ultimate re-definition of what “power” in computing means at all.

Similar to the internet – where the evolution and development is at stone age levels compared to where it will (and must) eventually reach in decades and even centuries, computing (or “personal” computing as it was dubbed in the last century) is also in very early and very primitive stages of evolution and this next step represents an early beginning, not a destination or accomplishment of a goal. 

Even Apple has stated that the initial transition of a unified operating system shared by mobile and desktop / laptop devices, iOS / macOS, will be years still in development and implementation. 

Meaning, in 2024 we may see the first real life trails and dissemination of a new kind of computing system, and, more importantly, computer assisted communicating, made possible by the complete integration of these hardware, software and A.I. advances. 

Just in time, because the threats of global warming, pandemics, political upheaval and economic disaster need, more than anything, enhanced learning and communication that can be aided, we must fervently hope, by improved digital tools. A better bicycle, so to speak. 


Fortunately, Apple has our back on this. And in 2021 more, much more will be revealed, if 2020 was any hint, of an exciting future not just for technology, but for the creative uses of it for the betterment of humankind. 


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Facebook vs. Apple vs. Google vs. U.S. Gov: War of Giants is at Hand

Above: Photo ubisoft / Lynxotic

The battle is getting very public and will get louder and nastier

The full page newspaper ads taken out by Facebook, where they proclaim themselves the champion of small business and attack Apple directly are interesting and curious on many levels. 

It will take a series of articles to attempt to untangle the confusions and endless, often intentionally fostered, misconceptions that will most certainly arise in this battle of titans. 

At the heart of the matter is, however, the largest misconception humanly possible, the idea that these monstrously huge companies, and how they operate, are anything at all related to “normal”.

The fact that all of us have seen the role of the internet in general increase over the last 20+ years, and have therefore had to deal with, and in some cases, go through and cooperate with these behemoths, may be the status quo that has developed, particularly in the last decade, but it is without precedent on many levels. 

The size, power and influence is beyond comprehension and this clouds every issue

Before even beginning to contrast one giant against another one must first confront the very existence of entities of this magnitude. It’s fair to say that never in history has such a tiny group of companies, and by extension, individual humans, controlled so much of the economy and so much of that impacts the society and our experiences. 

This chart is not current. If it were the disparity would be far larger and even more astounding:

This information, for a human, is so out of whack that you would have to stare at this chart for days before it could even sink in. And, as it it only a chart of size, built on company market capitalization, the power and influence, which represents and ever larger disparity, is not represented. 

The dominance overall is so extreme as to be humanly incomprehensible. And by all measures the disparity between the big tech firms and “everybody else” grows literally by the second. 

If you are afraid of A.I., you’re too late, the world is already controlled by computers and software via these companies

Facebook is probably the best example to illustrate the problem of market power and dominance on a level that is so far beyond traditional methods of measurement that even government antitrust investigations are barely able to begin to access the potential violations.

“The questions below might seem odd, or even absurd. But what is really absurd is that they are, for the most part, never asked. “

— D.L.
Click Here to See “Automating Humanity
Also Available on Amazon.

The questions below might seem odd, or even absurd. But what is really absurd is that they are, for the most part, never asked. Since the iPhone and later Samsung / Android revolutionized information and photo sharing, it has been accepted as a simple reality that Facebook controls nearly all the “social networking” that is done with that data. Why?

What is Facebook? Most would say they are a “social media company” but that can mean anything you want it to mean. They claim they are in the business of “connecting people” yet they derive massive wealth and profit from advertising, and “monetizing” their network, the largest network of “social users”, by far. 

And if they are interested in connecting people, then what do those people own of the network that they themselves comprise? That would be nothing. 

What say do they have in how they are used to “monetize” the network that they literally “are”? None. 

What trust do they have to surrender to the company, which includes Facebook, Instagram, WhatsApp and more (all controlled 100% by a guy named Zuckerberg)? 100%

“What ‘say’ do they have in how they are used to “monetize” the network that they literally ‘are’? None.”

— D.L.

Who authorized Facebook (or Google) to amass vast databanks of private personal information from a huge chunk of the world’s population, and use that data to amass fortunes of unheard of size using secret proprietary algorithms that they have zero requirement to disclose? Well, technically, users, inadvertently and without understanding, did. Otherwise: No-one. 

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Well, technically all of this was “allowed” via Section 230 of the Communications Decency Act, passed in 1996, and states that an “interactive computer service” can’t be treated as the publisher or speaker of third-party content. This, effectively, protects websites and “platforms” such as Facebook, from lawsuits in the case that a “user” posts something illegal. There are exceptions, for example, for copyright violations, sex work-related material, and violations of federal criminal law.

This fact does not remove responsibility for building a system that gives massive financial benefit to Facebook, Google, etc and very little, in reality, by way of return or influence to the “user”.

It’s as if a man figured out a way to use mental-telepathy to rob banks and could never be caught or prosecuted due to the fact that no one had ever robbed a bank that way before. And then he claimed that he should be allowed to continue doing it forever, with impunity.

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What would Facebook and Zuckerberg have if the billions of “users” stopped using its network? Nothing. 

How little sense this makes just goes on and on. There could be 100s of pages of similar questions and answers and the end result would be a slightly better understanding of the absurdity of the very existence of such a “service” or company or whatever this is.

Why absurd? In a nutshell, Facebook controls private networks that exist “inside” a more public network called, for lack of a better term, “the internet”. And, because of what could be termed a mistake of history they represent a dominant, near monopoly, in the “space” which in this case is currently called “social networks”.

The dominance and the definition of monopoly can be argued endlessly (and likely will be in the coming antitrust cases) but, in the end, the numbers don’t lie. Only one person benefits, in direct payments of trillions of dollars, from a near monopoly in social networks. The billions of people, the very people who are the network, do not. 

A bleak analysis, perhaps, but is there any light at the end of this tunnel?

The current increase in antitrust cases, both in the US and Europe, is a canary-in the-coal-mine moment and the wars over all the arising issues has begun and will go on for years. 

Read more: The Markup is a nonprofit newsroom that investigates how powerful institutions are using technology to change our society and a great place to learn more about it

The fact that Facebook is heavily advertising that they are the “good guy” while Amazon and Google do the same, is both ridiculous and sad, since “good guys” don’t have to buy ads to draw attention to that fact. 

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And the fact that these companies have already started, both in word and deed, to attack each other directly, is an indication of just how serious and all pervasive these mega-wars will be. This is just the beginning. 

Read more: How Apple Created the Tech Universe and it Finally Makes Sense

While none of the companies depicted on the chart above can be said to be without blame for the world of injustice and malfunction that is the internet, and by extension, our world, there is one company that stands apart from the others in so many ways and for so many reasons that they, amazingly, represent some hope within the madness. 

And, not coincidently, they are the one that is already being attacked, in print and software, as the wars begin: Apple. 

How Apple actually represents hope to clean up the tech universe that, arguably, they are most responsible for having created, is likely a hard sell with those that want to lump all these huge companies together. Because, after all, they are all huge. 

However, nothing could be further from the truth. More on this and other burning questions in our next episode, so stay tuned. 


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New Apple TV+ Series: Jared Leto in talks to play the ex-CEO of WeWork

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Series of Silicon Valley cautionary tale in development 

Jared Leto could be returning to a TV screen near you. It has been well over 20 years since the show “My So-Called Life” that the actor has starred in any small screen episodic.  This news come with reports that writer and producer Lee Eisenberg and studio exec Drew Crevello are developing a series for Apple TV+ based on the infamous workspace rental startup company ‘WeWork’.  

The series concept is inspired by the 6 part podcast called “WeCrashed: The Rise and Fall of WeWork”.  If Oscar winner Leto signs on to the TV show, he would be cast as the former boss of WeWork, Adam Neumann. 

Neumann, who served as CEO for the company from 2010 to 2019 and later resigned. According to reports at the time, his “eccentric behavior” was one of the main reasons he was pressured to step down.

Leto, who is known for choosing equally eccentric and challenging characters, including his work  in “Suicide Squad”, “American Psycho” and “Dallas Buyers  Club”, could likely more than fit the bill to play Neumann. 

Prior to WeWork’s collapse, it had an estimated value of $47 billion.  The series has been in development since February with Leto currently in negotiations, with additional information to come in the future. 


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Facebook, Google, Antitrust and the All Pervasive Underestimation of the Big Tech Threat

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The opinions expressed “pro” or “con” regarding big tech abuses of power are both overlooking far more serious issues that lie beneath

After years of public and insider opinion gradually shifting from a state of wonder, awe and hero worship of tech giants and their founders and CEOs, toward a more skeptical stance, and now, finally, government action begins; the fundamental issues that lie beneath are still barely mentioned, let alone widely understood.

In a filing at the U.S. District Court in Washington D.C., on December 9th, 2020, the Federal Trade Commission, together with 46 states, plus the District of Columbia and Guam, alleged that Facebook employed anticompetitive tactics, allowing it to bully and bury its rivals. In a strongly worded brief it recommends that the massive company be broken up, specifically by divesting itself of Instagram and WhatsApp.

While past antitrust cases were complex and difficult to understand fully, particularly for the general public, from the little known A & P case in the 30s and 40s to Standard Oil and Ma Bell / AT&T, in each case there were complex issues to address.

However, one simple thing tied them together that could be understood by virtually anyone: businesses that have a win-at-all-costs approach to business tactics and then achieve monopoly power almost always use that power to fulfill ambitions based on self-perpetuating greed at the expense of society as a whole.

Many, from all walks of life, particularly in the U.S., worship the ethos of “winner take all” and even if they are at the lowest levels of the economic ladder still cheer on the most ruthless and morally bankrupt “winners” as heroes, using a bizarre logic, that somehow they might one day see themselves in the winners circle.

This perspective is similar to societies where dictators, such as Ferdinand Marcos in the Philippines, or emperors are worshiped fervently by the very people that are most exploited and downtrodden under their regimes. Perhaps this is a hardwired genetic human trait, impossible to alter.

In the case of tech giants of the internet era, beginning with Microsoft and its antitrust case, a similar dynamic is no less present, and, no different from the steps that dictators take to encourage obedience and worship from their subjects. In this case it’s massive amounts of money and power used for required self-serving PR and the brutal economic repression of any dissenting voices.

Try to find a book on Amazon’s Jeff Bezos that is not a hero-worship nonsense-title purporting to offer you a way to become a “business genius” like him. You will find a few exceptions, of course, these purporting to offer “hard-hitting” investigative journalism and a sober look at the “real facts”.

These will be watered down, meekly subservient, weak and impotent tombs barely scratching the surface of any negative perspectives on the real problems Amazon and its founder have created, not only for millions of people around the world but for society as a whole.

Even among those that are the most incisive and have a real desire to “dig-deep” and reach the roots of the real problems, there is often still the a priori assumption that somehow, the 26 year evolution of business models that could “succeed” in internet and software based business are to be measured on a scale that presumes that the business models themselves are basically valid, simply because they were able to survive and create massive, nearly immeasurable, wealth for a tiny handful of individuals. .

Taking into account the pervasive pro-big-business bias, it is a miracle in a sense, that the public opinion has shifted so far, to the point where antitrust actions can be seen as valid, by enough of the public at large, that these giant monopolistic tech companies are called into question at all.

The miracle, if we call it that, is only a reflection of just how purely evil and out of control the situation has become, and how many people have been harmed, and in how many different ways this harm has occurred.

From teen suicides to thousands of bankrupt and struggling small businesses to privacy rights trampled in the dirt, the list of abuses and harm, if it were ever brought to light, could fill a thousand page treatise and would read like a recounting of the atrocities of war.

And then there’s the fact that the war is fought with computer code and over territory that has no physical address

Much as collateralized debt obligations and other arcane “synthetic” financial products nearly collapsed the entire world economy in 2008, partially due to the intentional complexity, which served only to hide the stupidity, complex computer algorithms are now at the heart of an ever larger and even more dangerous economic debacle that continues to unfold.

And much of the lack of any pushback against this is the simple ability to hide behind the complex computer methods and concepts that have allowed tech giants to build an even bigger and more dangerous kind of monopolistic behavior than even the so called “Robber Barons” of the Gilded Age.

Even those, in government or in the press, who are pushing back are doing so with, apparently, little understanding of the real dangers that are buried in the code and in the tricks used by very sophisticated, technologically educated people in control of these trillion dollar behemoths.

For example, Facebook is already claiming that the government should not be able to question the acquisitions of Instagram and WhatsApp because they already approved the mergers at the time they happened.

In his excellent article published on medium.com , Will Oremus points out:

But I looked up the FTC’s public statements following those reviews, and it states explicitly that the matter should not be considered permanently settled.

“This action is not to be construed as a determination that a violation may not have occurred,” the FTC’s closing letter said. It added, “The Commission reserves the right to take such further action as the public interest may require.” Facebook did not immediately respond to a request for comment.

Also in that article, titled; ‘Competition Is for Losers’: How Peter Thiel Helped Facebook Embrace Monopoly the idea succinctly embodied in the title which refers to a Wall Street Journal piece on Thiel’s book “Zero to One” which he describes as having been “embraced as a business bible in Silicon Valley and beyond” and quotes from including this characterization:

(Thiel) made the case for monopoly as the ultimate goal of capitalism. Indeed, “monopoly is the condition of every successful business,” he asserted. With it, you’re free to set your own prices, think long-term, innovate, and pursue goals other than mere survival. Without it, you’re replaceable, and your profits will eventually converge on zero.

And this provides the context within which the current struggle unfolds. To understand the real dangers of the total domination of the internet, which has become the vital lifeline of our economy and social existence, by a handful of trillion dollar companies, that not only embrace limitless greed and dictatorial status within their industry, but see it as the divine right that they hold, and believe they are entitled to aspire toward without interference.

And in another context such behavior would be known as immoral, destructive to society and social justice, and if the laws are adequate to apply; criminal.

And there’s the rub. The antitrust statutes, possibly already inadequate to take on this new kind of robber, have also been weakened since the 80s. Add to that how the pre-existing biases are heavily slanted toward minimizing any accountability for such behavior and is follows that any real reform must rise from the public at large.

The birth of the internet was anything but immaculate

The tragi-comic farce of the story, when seen through the lens of internet history, is how Facebook, Google and Amazon all followed the same absurd arc.

From “underdogs” with massive losses and no income to ridiculously “valuable” “FANG” members championed from the rooftops as heroic winners of darwinian battles to build out the internet for profit. And, finally, after decades of unfettered expansion, being seen more and more for what they are: profit-seeking scams using each a different method to restrain competition and destroy the most valuable asset humanity has ever built: the internet itself.

The complexity of the scams is still the most useful cloak for them to hide behind, each with a different insanely complicated way to force what is a public asset, the internet, into a tool for private greed, at the expense of any real innovation. And the victims are not the competitor firms that they might have destroyed (or bought), but rather the entire population of any territory that they control, with North America being the center of the empire.

The question asked for example of Google or Facebook should not be, “do they provide any services from the public can benefit, in exchange for their obscenely privileged monopoly control over “search” and “social networking”, respectively. The question should be “are they the best possible solution, from the perspective of what is in the best interest of society, for those extremely important functions in our new digital world.

It is not enough to say that “consumers have chosen” each as their go-to tool. If any company or group of companies could do a better job of enabling humanity to communicate, interact and become educated via the internet, why should those other solutions be buried forever under a mountain of greed and self-interest?

This is the infinitely elusive point: No different than Bernie Madoff, the damage they have wrought, by destroying what could have been, will only be understood once they are either gone or forced to cease what they depend on for domination, which would lead to their ultimate demise over time, just as Peter Thiel himself stated:

Without (a monoply), you’re replaceable, and your profits will eventually converge on zero.

Or as Jeff Bezos explained, in what his become his predatory raison d’être: The competition is always one-click-away. This makes every other online seller, in his view, an enemy that must be destroyed at all costs, no matter how small, no matter how weak.

In this sick paranoid view of the world it is truly an all or nothing struggle for survival, with death of all competitors, literally and figuratively, the only acceptable outcome.

With this mindset at the heart of these companies, and with the government and most of the press taking a milk-toast submissive approach (in contrast) the struggle to rein in these monstrous, utterly corrupt empires, will take years if not decades.

However, 2020 will always be seen as the beginning of the end the the gruesome mistake of history that these companies represent.

Companies that achieved dominance and monopoly control of a system meant for public benefit, through the most destructive methods they were able to devise, and then redoubled efforts infinitely to expand using those same destructive and corrupt methods.

In the end there is only one power large enough to intervene, as already at their current size, and while, like a virus, they double in power and economic domination almost annually, and that is the power of the billions that use their platforms everyday. Change will arise when they have damaged themselves by damaging the very societies they prey on, and once damaged, those societies will have no choice but to shed them like the murderous parasites that they are.

That will not happen anytime soon. The general view of these companies, is still very mild and forgiving. And it’s important to note that each case is different and this article applies only to Facebook, Google and Amazon.

Just as most have either forgiven or forgotten the massive bailouts that criminal companies were gifted during the 2008 financial crisis, the perception that these massive tech companies are at worst mildly anti-competitive and at best harmless and just practicing good, successful capitalism, will not be changed overnight.

It can only come after much more pain at the hands of this corrupt system that currently controls the internet, and therefore, our digital lives.


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