Posts Tagged ‘Texas’

“Ghost Gun” Ban Headed To Supreme Court

Monday, April 22nd, 2024

Another ill-conceived bit of DOJ gun regulation is now headed to the Supreme Court.

After the U.S. Department of Justice (DOJ) promulgated a rule to regulate home-built firearm kits, or what the Biden administration calls “ghost guns,” two Texas residents filed a lawsuit challenging the legality of the rule that will now be heard by the Supreme Court of the United States (SCOTUS).

The Biden Administration and other gun-grabbing Democrats call them “ghost guns” because they are literally, by law, not guns. They’re unfinished 80% receiver kits, or build kids that you must finish at home on a milling machine, 3D printer, etc. American citizens building their own guns without the approval of the federal government (which has only occurred since, oh, about 1873) promises to thwart their plans of complete civilian disarmament, hence “ghost gun” regulations.

Represented by the Firearms Policy Coalition (FPC), the lawsuit from plaintiffs Jennifer VanDerStok and Michael Andren contends the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) exceeded the boundaries of federal law by implementing the new rules, which treat unfinished firearm kits as finished firearms and requires all firearms to possess a serial number.

The DOJ argued it simply wants to make sure the unfinished parts kits are treated like any other firearm and says implementation of the rule will not prevent anyone who is lawfully allowed to possess a gun from obtaining one. Those wanting to buy one would need to undergo the regular process to purchase any firearm, which includes a background check.

The plaintiffs disagree, writing in their SCOTUS brief that they believe the federal government’s goal in implementing the rule isn’t to simply regulate the firearm kit industry, but to get rid of it.

“The expected result of ATF’s Rule was not simply to regulate this industry but to destroy it,” the FPC wrote, pointing to a communication from the ATF to the FBI regarding the rule’s effect.

“The ATF informed the FBI that the Rule should not be expected to significantly impact the background check system because “many parts kit manufacturers and dealers will go out of business,” the brief continued.

Both a federal judge in North Texas and subsequently the U.S. 5th Circuit Court of Appeals sided with the plaintiffs in challenging the rule, prompting the DOJ to file an appeal with SCOTUS.

On Monday, SCOTUS granted a review of the case for its fall term, setting up a final legal showdown between the gun rights groups and the federal government on the issue.

In previous Supreme Court cases on the legality of various firearms sale and registration acts, the Commerce Clause of the United States Constitution has typically done a lot of heavy lifting. However, someone producing a gun in their own workshop for personal use and not to sell in another state, would not seem to fall under the purvey of federal regulation were it not for the radical expansion of federal power to stick it’s nose into every possible affair of private citizens afford by such post-New Deal decisions as Wickard vs. Filburn.

Maybe the Supreme Court will finally use this opportunity to reign in the federal government’s unlegislated regulatory powers based on vague, unenumerated Commerce Clause rationales.

LinkSwarm For April 19, 2024

Friday, April 19th, 2024

Israel’s Iran strike is shrouded in mystery, California is shockingly “permissive” on sex trafficking children, Warhammer goes woke, and a new Doom speed-running record. It’s the Friday LinkSwarm!

  • Early reports said that Israel struck at Iranian nuclear facilities at Isfahan, but current reports say that’s not the case.

    Senior US military sources:The target of the Israeli strike was an Iranian military base in Isfahan near Natanz, not the nuclear facilities themselves. “The Israelis hit what they intended to strike,” The targets within this strike included Iranian air defense systems at the air base including those used to protect their nearby nuclear facilities. It was a message to the Iranians, “We can reach out and touch you.” The Russian made air defense systems were shown to be ineffective. There was one target but multiple strikes within that target. The Israelis used missiles and unmanned aircraft – in other words no manned aircraft (F35’s or others) were used as part of this strike

    Both Israeli and Iranian sources are being cagey about what actually was hit. Right now it’s looking like it was a very limited strike, almost just a “See? We can hit them if we want to” strike to satisfy the Biden Administration’s endless calls for “restraint” while they continue to pound Hamas into a fine red paste. But it does offer a certain amount of support for the Kayfabe theory of Middle East politics…

  • Speaking of Gaza, that plan to send U.S. servicemen there to build a pier was an asinine one, but it was great to demonstrate just how badly screwed up naval logistics is for sudden overseas deployments. (Hat tip: Stephen Green at Instapundit.)
  • Powerline has a pretty staggering chart on Biden inflation:

  • Traffick a kid in California, spend the weekend in jail; try it in Florida and they execute you.”

    The penalty for the equivalent of child trafficking in “progressive,” “forward-thinking,” “compassionate” California is a maximum penalty of a year in jail, and a minimum of two days in jail, plus a $10,000 fine which may or may not be paid depending on sentencing details.

    Plenty has been said in recent years about soft-on-crime policies in states led by Democrats, and with good reason. Perhaps it should come as no surprise that political movements that believe the execution of preborn children is morally and legally permissible would also enforce such loose penalties for child endangerment and exploitation. But this seems, even for liberals, unconscionable.

    Thankfully, it’s not that way everywhere. Other states with right-leaning leadership handle child predation, shall we say, “differently.”

  • But California especially loves setting sex offenders free if they’re illegal aliens.
  • Speaking of idiot laws in California, their new “mansion” tax means that no one can afford to build apartment complexes any more.
  • “Landmark NHS England Report: Science Doesn’t Support Gender-Affirming Medicine.” Wait, you mean mutilating children to demonstrate your trendy wokeness is a bad idea? Who knew?
  • Despite that, the Biden Administration is going to shove transexualism down the throats of colleges by fiat by rewriting Title IX rules without congressional approval.
  • Uri Berliner exposes the radical wokeness at NPR and is fired by new ultra-woke Alpha Karen NPR head Katherine Maher.

    It turns out that Katherine Maher is no ordinary ascendant progressive media executive. No, this woman’s social-media history reveals her to be the Kwisatz Haderach of white wokeness, presumably bred through generations of careful genetic selection to be the supernaturally perfect embodiment of Affluent White Female Liberalism. (As many have noted, she not only acts but looks like Titania McGrath.) It’s vaguely unreal: If there was a trendy progressive take floating around on Twitter and popular within media circles, then you can reliably bet she was there to voice it in the most preeningly insulting way possible.

    (Hat tip: Ed Driscoll at Instapundit, who also offers lots of choice Chris Rufo commentary on tweets from Maher.)

  • “Texas Congresswoman Beth Van Duyne (R-TX-24) has taken out a full-page advertisement in the New York Post in an effort to recruit law enforcement from New York City, encouraging them to ‘escape New York and move to Texas. Sadly, the corrupt and crumbling Empire State is so purposefully anti-law and order, that you should no longer put your careers and lives in the hands of politicians who couldn’t care less about you or your families,’ the advertisement states.”
  • I’ll take “Headlines You Don’t Want To Read At Breakfast” for $400: “New York Suffers Record Rise in Potentially Deadly Disease Caused by Rat Urine. New York City has seen a record jump in the number of human leptospirosis, a disease caused by rat urine that can cause kidney damage, liver failure, and even death.”
  • The University of Texas at Dallas closes its DEI office and eliminates 20 jobs. Progress!
  • “A far-left extremist that firebombed a pro-life office in Wisconsin in 2022 has been sentenced to 7.5 years in federal prison, along with three years of supervised release and a $32,000 fine.”
  • The return of the Turtle Tank.
  • A mass cancellation attack is trying to get Reporting from Ukraine’s YouTube channel deleted.
  • Republicans aim to use ballot initiatives to overturn unpopular Democratic Party policies. “Republicans in Washington are moving to get three major ballot initiatives passed. These measures will repeal Democrat-passed policies that are becoming unpopular among locals. The three changes would repeal the state’s sanctuary status for illegal immigrants, end an attempt to ban natural gas, and a change to the laws to strip squatters of their rights.”
  • You’ll need to click Show More for this one:

  • Venezuelan illegal alien attempts to rob a bank using a translator app.
  • Fleshlight + AI = Brave new frontiers of sad perversion.
  • Has Warhammer gone woke? “I can’t help thinking that you finally started to bow to pressure from ‘Modern Audiences,’ and you were almost certainly encouraged to do this by a sudden infusion of investment money from BlackRock.”

    The moment you make any concession, no matter how tiny, you’ve already given the game away. You’ve made it known that you’re prepared to bow down to their demands if they put enough pressure on you. And so, inevitably, their demands are never going to end. They’ll literally never be happy because there’s always going to be some other thing, some other piece of problematic lore, some other rule or exclusionary detail that has to be altered to comply with their constantly evolving demands, and all in the name of inclusion and diversity.

    Because these people don’t care about your hobby, they don’t care about integrating into a community of like-minded individuals. All they care about is that the community bends and reshapes itself to suit them, until eventually they bend it so much that it breaks. People like that are complete and utter poison for any hobby, any fandom, any franchise. All they ever manage to do is stir up conflict, resentment and division, driving people away and turning fans against the very company that tries to pander to them, because their very reason for existing is to undermine and destroy the thing they claim that they’re trying to save.

    And if you’ve got any common sense whatsoever or any love for the fandom that you’re so passionate about, you’ll think very carefully before bending the knee to them.

  • Madam Web finally crawls just past the $100 million mark before going to streaming to die.
  • And by the way, Disney still isn’t in the black on it’s purchase of Star Wars and Lucasfilms.
  • My review of Godzilla x Kong: The New Empire.
  • After 6 months and 100,000 attempts, Doom speedrunner beats 26 year old record…by one second.
  • White House Calls In Elmo To Help Explain Latest Global Conflict To President.”
  • “Biden Unveils Official Campaign Slogan ‘Death To America.'”
  • Samsung Snags $6.4 Billion For Texas Fabs

    Monday, April 15th, 2024

    Samsung’s Texas fabs are evidently going to be the beneficiary of CHIPS Act subsidies.

    The U.S. Department of Commerce (DOC) has announced that $6.4 billion will be sent to a Texas Samsung facility to bolster the supply chain of semiconductors.

    The multi-billion dollar investment is part of a larger $40 billion dollar federal funding agreement as part of the CHIPS and Science Act.

    As a White House press release states, the investment aims to “cement central Texas’s role as a state-of-the-art semiconductor ecosystem, creating at least 21,500 jobs and leveraging up to $40 million in CHIPS funding to train and develop the local workforce.”

    This investment would be used at both the research and development facilities in Taylor and the expansion of the fabrication factory in Austin.

    The Taylor facility isn’t just an R&D site, it’s a full-blown state-of-the-art fab, and they could start running the line as early as July. The chips Samsung will be producing are planned to be on their 4 nanometer node.

    The City of Austin has previously identified semiconductor production as part of its Opportunity Austin economic expansion plan where the city sees itself as a “top global destination for businesses and investment.”

    “We’re not just expanding production facilities; we’re strengthening the local semiconductor ecosystem and positioning the U.S. as a global semiconductor manufacturing destination,” said Kye Hyun Kyung, president and CEO of the Device Solutions (DS) Division at Samsung Electronics.

    “To meet the expected surge in demand from U.S. customers, for future products like AI chips, our fabs will be equipped for cutting-edge process technologies and help advance the security of the U.S. semiconductor supply chain.”

    As I’ve written before, semiconductor subsidies are the wrong solution for the wrong problem (especially if the Biden Administration demands Samsung pledge fealty to social justice before sucking the taxpayers teat). But if you are going to subsidize someone, and your goal is more cutting edge American fabs, then Samsung isn’t the worst recipient. Their fab tech is either second third best (depending on whether intel has actually gotten their act together or not) in the world behind TSMC, and 4nm is good enough for just about every fab customer in the world, save Apple (who is TSMC’s alpha customer), Intel (yes, Intel gets some of their cutting edge chips fabbed at TSMC), AMD, and a few others. Technical details here, assuming the difference between FinFET and GAAFET doesn’t make your eyes glaze over.

    But the American taxpayer might rightly question why they’re being asked to subsidize the twenty-first largest company in the world, and one headquartered in South Korea.

    Once again, the Biden Administration is taking money from the poor to give to the rich.

    LinkSwarm For April 12, 2024

    Friday, April 12th, 2024

    It’s been a week of petty frustrations, with simple things like paying for online transactions made impossible by websites that send out the wrong information despite the right information being on file. Speaking of frustration, Americans continue to be battered by high inflation, blacks continue to abandon Biden, and it turns out that the Pope might, just might, be Catholic after all.

  • Core inflation is up yet again.

    A hotter-than-expected consumer price index report rattled Wall Street Wednesday, but markets are buzzing about an even more specific prices gauge contained within the data — the so-called supercore inflation reading.

    Along with the overall inflation measure, economists also look at the core CPI, which excludes volatile food and energy prices, to find the true trend. The supercore gauge, which also excludes shelter and rent costs from its services reading, takes it even a step further. Fed officials say it is useful in the current climate as they see elevated housing inflation as a temporary problem and not as good a measure of underlying prices.

    Supercore accelerated to a 4.8% pace year over year in March, the highest in 11 months.

    Tom Fitzpatrick, managing director of global market insights at R.J. O’Brien & Associates, said if you take the readings of the last three months and annualize them, you’re looking at a supercore inflation rate of more than 8%, far from the Federal Reserve’s 2% goal.

    (Hat tip: Stephen Green at Instapundit.)

  • Speaking of inflation, welcome to $7 Tree.
  • Black voters continue to abandon Biden in droves.

    According to a Wall Street Journal Swing State Poll, blacks, especially black males are abandoning Biden in huge numbers.

    While most Black men said they intend to support Biden, some 30% of them in the poll said they were either definitely or probably going to vote for the former Republican president. There isn’t comparable WSJ swing-state polling from 2020, but Trump received votes from 12% of Black men nationwide that year, as recorded by AP VoteCast, a large poll of the electorate.

    That’s an 18 percentage point swing, minimum, for black males, if the national results and the swing state voting is similar.

    By confirmed, I mean those who said they intended to vote for Trump.

    The gap is even larger if we factor in undecided voters. Biden is down by a massive 30 percentage points vs 2020.

  • Biden may not be on the ballot for the Ohio general election because the Democratic National Convention falls too late to certify him.
  • Pope turns out to be Catholic, comes out against child genital mutilation.
  • “Nebraska state Sen. Mike McDonnell announces that he’s switching from Democrat to Republican.”
  • Country musician Jason Aldean refuses to let Biden campaign use hit song “Fly Over States.”
  • Good: A teacher helping her son with homework. Bad: A teacher helping her son force female students into sex trafficking. “Klein Cain High School cosmetology teacher Kedria McMath Grigsby is accused of helping her son, Roger Magee, force the troubled teens into prostitution.”
  • Man driving eighteen-wheeler interntionally crashes into DPS office in Brenham, killing one.
  • Hard evidence that temperature data is being manipulated to show global warming.

    Investigative science writer Paul Homewood last year discovered considerable tampering in 2022 with the recent CET record. He initially found that in version one, the summer of 1995 had been 0.1°C warmer than 2018. In version 2, the two years swapped places with 1995 cooled by 0.07°C and 2018 warmed by 0.13°C. Alerted to these changes, Homewood then analysed the full record from version 1 to 2, and the graph below shows what he found.

    As can be seen, the adjustments up to 1970 are small with ups and downs offsetting each other. Homewood then found that the years from 1970 to 2003 had been cooled markedly, followed by significant rises to 2022. Homewood concludes that “unfortunately it is part of a much wider tampering with temperature globally – and the tampering is always one way, cooling the past and heating the present”. Given that we now know that the Met Office has been using class 4 statistics for two thirds of its database since 2006, the recent higher adjustments would seem to call for clarifying explanations from the state-funded Met Office.

    (Hat tip: Boreptach.)

  • Ukrainian drone attack hits radar site 650km inside Russia.
  • Speaking of drones, China is supplying tens of thousands of drones…to Ukraine. I did not see that coming, but China certainly can use the money.
  • Texas Lt. Governor Dan Patrick lays out his legislative priorities for 2025.

    Lt. Gov. Dan Patrick has announced his interim charges for the Senate, a set of 57 issues he is calling on Senate Committees to investigate and research ahead of the legislative session next year.

    The list of charges runs the gamut of issues conservatives have called on the legislature to address, including property tax relief, protecting Texas land from hostile foreign ownership, and strengthening laws preventing electioneering by school districts and other political subdivisions.

    Some of the biggest reform proposals, however, have been reserved for higher education.

    Patrick has asked the Higher Education Subcommittee to study and make recommendations regarding the role of ‘faculty senates’, antisemitism on college campuses, as well as to review the implementation of a new state law banning DEI (Diversity, Equity, and Inclusion) in state universities that went into effect earlier this year.

    “The Senate’s work to study the list of charges will begin in the coming weeks and months. Following completion of hearings, committees will submit reports with their specific findings and policy recommendations before December 1, 2024,” said Patrick.

  • When you think Houston Democratic Congresswoman Shelia Jackson Lee has already said the stupidest thing she possibly can, she goes out and proves you wrong.
  • I know you’re shocked, shocked to find out that gun-grabbing opportunist David Hogg’s political group Leaders We Deserve spent way more on administration than backing candidates.
  • Thanks to New York City’s idiotic rent control laws, not only would a hotel guest refuse to pay rent or leave, but a court actually ruled that he was the owner of the hotel.
  • First class stamps are going up to 73 cents. Thanks, Joe Biden.
  • If the commies running Vietnam accuse someone of a crime, I don’t automatically trust them, but Truong My Lan may actually be guilty.

    Behind the stately yellow portico of the colonial-era courthouse in Ho Chi Minh City, a 67-year-old Vietnamese property developer was sentenced to death on Thursday for looting one of the country’s largest banks over a period of 11 years.

    It’s a rare verdict – she is one of very few women in Vietnam to be sentenced to death for a white collar crime.

    The decision is a reflection of the dizzying scale of the fraud. Truong My Lan was convicted of taking out $44bn (£35bn) in loans from the Saigon Commercial Bank. The verdict requires her to return $27bn, a sum prosecutors said may never be recovered. Some believe the death penalty is the court’s way of trying to encourage her to return some of the missing billions.

    The habitually secretive communist authorities were uncharacteristically forthright about this case, going into minute detail for the media. They said 2,700 people were summoned to testify, while 10 state prosecutors and around 200 lawyers were involved.

    The evidence was in 104 boxes weighing a total of six tonnes. Eighty-five others were tried with Truong My Lan, who denied the charges and can appeal.

    All of the defendants were found guilty. Four received life in jail. The rest were given prison terms ranging from 20 years to three years suspended. Truong My Lan’s husband and niece received jail terms of nine and 17 years respectively.

    Snip.

    By 2011, Truong My Lan was a well-known business figure in Ho Chi Minh City, and she was allowed to arrange the merger of three smaller, cash-strapped banks into a larger entity: Saigon Commercial Bank.

    Vietnamese law prohibits any individual from holding more than 5% of the shares in any bank. But prosecutors say that through hundreds of shell companies and people acting as her proxies, Truong My Lan actually owned more than 90% of Saigon Commercial.

    They accused her of using that power to appoint her own people as managers, and then ordering them to approve hundreds of loans to the network of shell companies she controlled.

    The amounts taken out are staggering. Her loans made up 93% of all the bank’s lending.

    According to prosecutors, over a period of three years from February 2019, she ordered her driver to withdraw 108 trillion Vietnamese dong, more than $4bn (£2.3bn) in cash from the bank, and store it in her basement.

    That much cash, even if all of it was in Vietnam’s largest denomination banknotes, would weigh two tonnes.

    Yeah, none of that seems kosher…

  • Memorial Hermann Hospital: No liver transplant for you!
  • How CD sales and rock music both collapsed in the early 21st century.
  • A very interesting O.J. Simpson story:

    (Hat tip: Commenter Kirk.)

  • Strange news from Russia: Chechnya has banned music that’s slower than 80 beats per minute, or faster than 116 beats per minute. Both the Russian and Chechen national anthems are slower than that…
  • “John Tinniswood of Southport, UK is now the world’s oldest man.
  • How a programmer managed to rip off casinos for years. It helped that he worked for the Nevada Gaming Control Board…
  • “New ‘Biden Diet‘ Sweeps Nation: Pay The Same Amount Of Money But Eat 50% Less Food.”
  • Vatican Reluctantly Sides With God On Gender Theory.
  • Adorable prison break.
  • Hit the tip jar if you’re so inclined.





    Texas Sues Harris County Over Guaranteed Income

    Tuesday, April 9th, 2024

    Ken Paxton is suing Harris County over their unconstitutional guaranteed income program.

    The State of Texas and Harris County will again duke it out in court, this time over a guaranteed basic income pilot program that would give 1,500 households in the county $500 per month.

    Harris County announced the program last year through Harris County Public Health. On Tuesday, the Office of the Attorney General (OAG) filed suit asking the court to halt its implementation before the April 24 start date.

    Attorney General Ken Paxton said of the suit, “This scheme is plainly unconstitutional. Taxpayer money must be spent lawfully and used to advance the public interest, not merely redistributed with no accountability or reasonable expectation of a general benefit. I am suing to stop officials in Harris County from abusing public funds for political gain.”

    The OAG’s suit reads, “There is no such thing as free money — especially in Texas. The Texas Constitution expressly prohibits giving away public funds to benefit individuals — a common sense protection to prevent cronyism and ensure that public funds benefit all citizens.”

    Central to the state’s argument is that counties, “unlike home-rule cities,” have a substantially more narrow scope of authority. “[T]he legal basis for any action taken must be grounded ultimately in the constitution or statute,” the filing adds.

    Both cities and counties are creations of the state, but municipalities have the home-rule provision that grants them a broader array of authority than is granted to counties. The range of that home-rule status is the subject of another suit, this one flowing in the opposite direction, against the Texas Legislature’s new field preemption law passed last year.

    The City of Austin just completed the first year of its universal basic income program, allotting 85 families with $1,000 per month.

    If there’s any insane, hard left, unconstitutional socialist program idea, there’s a good chance Austin will be in the forefront of pushing for it.

    Texas’ contention here is that while a home-rule municipality could enact such a program, a county is explicitly precluded by the Texas Constitution.

    Article III, Section 52(a) reads: “Except as otherwise provided by this section, the Legislature shall have no power to authorize any county, city, town or other political corporation or subdivision of the State to lend its credit or to grant public money or thing of value in aid of, or to any individual, association or corporation whatsoever, or to become a stockholder in such corporation, association or company.”

    The suit adds, “Second, Harris County does not retain public control over the funds. As described above, the payments have ‘no strings attached,’ and the recipients can use the money however they wish.”

    The OAG requests a temporary restraining order against the program and, eventually, a permanent injunction against its operation.

    Using taxpayer money to pay people for breathing (or existing) is one of the stupidest pieces of socialist bullshit to come down the pike in many a moon. It’s immoral to take money from those who work in order to bribe those who don’t. It’s also a great way to kickback money directly to the hands of leftwing activists, since the grifters claim that they cannot reveal people receiving such payoffs due to “confidentiality.”

    Despite the hosannas offered up by the hard left and economic illiterates everywhere to the scheme as a means of helping the poor, the Seattle-Denver Income Maintenance Experiment (SIME/DIME) experiments showed such no-strings-attached checks from the government hurt the recipients, reducing both the desire to work and lowering actual income among the recipients. See Charles Murray’s Losing Ground, pages 150-153 for details.

    Any “Guaranteed Income” taking money from taxpayers and paying people not to work is not just unconstitutional, a bad idea and a moral hazard, it’s an avenue for fraud and an insult to anyone who works for a living.

    It’s just another in a long line of illegal left wing experiments from Hidalgo’s office, all of which deserve to be crushed like bugs.

    LinkSwarm for April 5, 2024

    Friday, April 5th, 2024

    Hope you’ve got your taxes done. I’m still working on mine.

  • “Summers: Inflation Reached 18% In 2022 Using The Government’s Previous Formula.”

    Numerous commentators—especially those defending President Biden’s economic record—have puzzled over why Americans are sour about the state of the U.S. economy. Unemployment rates have returned to pre-pandemic lows, commentators correctly point out, and the official rate of inflation is declining. So why are Americans ignoring the view of many experts that the economy is doing well?

    According to a striking new paper by a group of economists from Harvard and the International Monetary Fund, headlined by former Treasury Secretary Larry Summers, the answer is that Americans have figured out something that the experts have ignored: that rising interest rates are as much a part of inflation as the rising price of ordinary goods. “Concerns over borrowing costs, which have historically tracked the cost of money, are at their highest levels” since the early 1980s, they write. “Alternative measures of inflation that include borrowing costs” account for most of the gap between the experts’ rosy pictures and Americans’ skeptical assessment.

  • Backlash Is Real‘: DEI Exodus Gains Steam Across Corporate America.”

    The unraveling of “diversity, equity, and inclusion” initiatives was seen on the state level, as Red states rushed to ban DEI programs in 2023. Google, Facebook, and other tech companies slashed DEI staff by late last year. Early this year, universities began rolling back diversity programs, while Harvard President Claudine Gay was demoted.

    DEI was doomed to fail, and corporations have been quickly scrambling to abandon mindless and profitless diversity programs with Marxist roots. The latest earnings call data shows that “DEI” mentions have collapsed from their peak in 2021, according to Axios, citing data from AlphaSense.

    In January, Johnny Taylor, president of the Society for Human Resource Management, told Axios that corporate executives are fed up with DEI.

    “The backlash is real. And I mean, in ways that I’ve actually never seen it before,” Taylor said, adding, “CEOs are literally putting the brakes on this DE&I work that was running strong” since George Floyd’s murder in early 2020.

    Kevin Clayton, senior vice president and head of social impact and equity for the Cleveland Cavaliers, said the chief diversity officer role was all the rage across corporate America after Floyd’s murder. He said companies filled these positions “out of gilt,” and hiring wasn’t the best.

    Axios noted, “Some businesses are cutting back funding, trimming DEI staff — and even considering pulling back on things like employee resource groups comprised of workers of various races, ethnicities or interests.”

    The pushback on DEI is finding momentum across corporations and universities. Subha Barry, former head of diversity at Merrill Lynch, told Bloomberg last month: “We’re past the peak.”

    Let’s hope so.

  • No one at the wheel: “Biden Reportedly Has No Idea He Issued ‘Trans Day Of Visibility’ Proclamation.”
  • Gen Z hates the lousy Biden economy and favors Trump over Biden. Though a word to those Gen Z sorts who complain about a 9-5 schedule being “unnatural”: A “natural” schedule is performing backbreaking hunter/gatherer or subsistence agriculture work from dawn to dusk 6-7 days a week and dropping dead before you turn 40…
  • Virginia’s Republican governor Glenn Youngkin vetoes dozens of gun control bills.
  • Boston takes over Soldiers Home to house illegal aliens.
  • Ukrainian drones hit a Russia drone production facility at Yelabuga, Tatarstan, which is almost 1,000 miles inside Russia, using a drone that looks a whole lot like a light aircraft.
  • Ukraine hits another Russian airbase with over 40 drones, and presumably took out even more Su-34s.
  • Whoops, make that three Russian airbases hit. including reports of three Tupolev Tu-95 “Bear” bombers damaged. (Yes, Russia still has a propeller-driven bomber in service. It can carry nuclear weapons and launch cruise missiles.)
  • Watch President of Guyana Mohamed Irfaan Ali absolutely dismantle a BBC reporter over his attempt to guilt him over global warming. It’s good to see that there’s at least one world leader who hasn’t drunk the green Kool-Aid…
  • Gun crimes evidently mean being released without bail if the perp is an illegal alien.
  • Cost estimates more than double to replace failing Austin arts center building.” Note the “Extended community engagement: $1 million” which is code for “Payoffs to leftwing activists.” (Hat tip: Dwight.)
  • UT Austin Closes DEI-Focused Division of Campus and Community Engagement, ‘Redistributes’ Programs.” Let’s hope the “redistribution” doesn’t just end up infecting other department.
  • “Paxton Seeks to Investigate Boeing Parts Supplier, DEI Initiatives. Attorney General Ken Paxton is seeking to investigate Spirit AeroSystsems after public outrage involving Boeing’s aircraft manufacturing issues.”

    Boeing stated in 2022 that “for the first time in our company’s history, we tied incentive compensation to inclusion.”

    Boeing’s 2023 Global Equity, Diversity, and Inclusion report explains that “diversity must be at the table for every important decision our company makes – every challenge we face, every innovation we design. Equity, diversity and inclusion are core values because they make Boeing — and each of us individually — better.”

    According to the report, racial and ethnic minorities now hold 41.4 percent of jobs in the U.S. Boeing Commercial Airplanes Unit, and 28.3 percent in the U.S. Boeing Defense, Space, and Security. In 2022, U.S. racial and ethnic minorities made up 47.5 percent of new hires at Boeing.

    You know what I want at the table for every important Boeing decision? Planes not falling out of the sky.

  • Harvard: Segregation now, segregation forever!
  • “Trans woman [that is to say, a man] pleads guilty after threatening to kill, rape school children in Illinois.” According to the virtue signaling sign people, love is love even when it’s murderous hate…
  • Intel lost $7 billion last year. Intel has a technology roadmap to get its process tech back on track, but failure to execute on previous nodes is what got them into this mess.
  • “Sir Maejor Page accused of creating bogus BLM charity to swipe nearly $500K to buy lavish home, guns facing fraud trial.” #BlackLivesMatter was (and is) a scam all the way down. (Hat tip: Dwight.) (Previously.)
  • In addition to having fingers in the pie in Syria and Yemen in addition to their proxy war with Israel, Iran also has to deal with Sunni Baluch separatist organization Jaish al-Adl (“Army of Justice”) on their own territory, where they killed at least 11 Iranian security force members.
  • “Journalists with the Austin American-Statesman are on strike once again.” Time to break this out again:

    (Hat tip: Dwight.)

  • Steve Wozniak sues YouTube over fake crypto endorsement videos.
  • City says mobile car wash isn’t.
  • Yes, Indiana Jones and the Dial of Destiny lost a ton of money.
  • Belew, Vai, Levin and Carey Play 80’s King Crimson.” Sign me up. Edited to Add: Crap, tickets went on sale for the Austin show in September TODAY. I was just barely able to snag two tickets in nosebleed…
  • The Lock-Picking Lawyer wants you to see how his Big Dick performs.
  • If it weren’t bad enough that illegal aliens were taking all the lawn maintenance jobs…(language warning)

    (Hat tip: Ace of Spades HQ.)

  • Hit the tip jar if you’re so inclined.





    Biden Admin Tries To Infect Chip Makers With DEI

    Wednesday, April 3rd, 2024

    I’ve already said repeatedly that semiconductor subsidies are the wrong solution for the wrong problem. However, this piece by Matt Cole and Chris Nicholson shows the CHIPS Act was far more poisonous than I thought.

    DEI — the identity-obsessed dogma that goes by “diversity, equity, and inclusion” — has now trained Google’s new AI to refuse to draw white people. What’s even more alarming is that it’s also infected the supply chain that makes the chips powering everything from AI to missiles, endangering national security.

    The Biden administration recently promised it will finally loosen the purse strings on $39 billion of CHIPS Act grants to encourage semiconductor fabrication in the U.S. But less than a week later, Intel announced that it’s putting the brakes on its Columbus factory. The Taiwan Semiconductor Manufacturing Company (TSMC) has pushed back production at its second Arizona foundry. The remaining major chipmaker, Samsung, just delayed its first Texas fab.

    Actually, Samsung opened it’s first Austin fab in 2007. The fab that was delayed was their second fab in Taylor.

    This is not the way companies typically respond to multi-billion-dollar subsidies. So what explains chipmakers’ apparent ingratitude? In large part, frustration with DEI requirements embedded in the CHIPS Act.

    Commentators have noted that CHIPS and Science Act money has been sluggish. What they haven’t noticed is that it’s because the CHIPS Act is so loaded with DEI pork that it can’t move.

    The law contains 19 sections aimed at helping minority groups, including one creating a Chief Diversity Officer at the National Science Foundation, and several prioritizing scientific cooperation with what it calls “minority-serving institutions.” A section called “Opportunity and Inclusion” instructs the Department of Commerce to work with minority-owned businesses and make sure chipmakers “increase the participation of economically disadvantaged individuals in the semiconductor workforce.”

    The department interprets that as license to diversify. Its factsheet asserts that diversity is “critical to strengthening the U.S. semiconductor ecosystem,” adding, “Critically, this must include significant investments to create opportunities for Americans from historically underserved communities.”

    The department does not call speed critical, even though the impetus for the CHIPS Act is that 90 percent of the world’s advanced microchips are made in Taiwan, which China is preparing to annex by 2027, maybe even 2025.

    Handouts abound. There’s plenty for the left—requirements that chipmakers submit detailed plans to educate, employ, and train lots of women and people of color, as well as “justice-involved individuals,” more commonly known as ex-cons. There’s plenty for the right—veterans and members of rural communities find their way into the typical DEI definition of minorities. There’s even plenty for the planet: Arizona Democrats just bragged they’ve won $15 million in CHIPS funding for an ASU project fighting climate change.

    That project is going better for Arizona than the actual chips part of the CHIPS Act. Because equity is so critical, the makers of humanity’s most complex technology must rely on local labor and apprentices from all those underrepresented groups, as TSMC discovered to its dismay.

    Tired of delays at its first fab, the company flew in 500 employees from Taiwan. This angered local workers, since the implication was that they weren’t skilled enough. With CHIPS grants at risk, TSMC caved in December, agreeing to rely on those workers and invest more in training them. A month later, it postponed its second Arizona fab.

    Now TSMC has revealed plans to build a second fab in Japan. Its first, which broke ground in 2021, is about to begin production. TSMC has learned that when the Japanese promise money, they actually give it, and they allow it to use competent workers. TSMC is also sampling Germany’s chip subsidies, as is Intel.

    Intel is also building fabs in Poland and Israel, which means it would rather risk Russian aggression and Hamas rockets over dealing with America’s DEI regime. Samsung is pivoting toward making its South Korean homeland the semiconductor superpower after Taiwan falls.

    To be fair, Intel has had fabs in Israel since since 1996, and Tower Semiconductor has had fabs in Israel since the 1980s. Poland, to the best of my knowledge, has never had a fab.

    In short, the world’s best chipmakers are tired of being pawns in the CHIPS Act’s political games. They’ve quietly given up on America. Intel must know the coming grants are election-year stunts — mere statements of intent that will not be followed up. Even after due diligence and final agreements, the funds will only be released in dribs and drabs as recipients prove they’re jumping through the appropriate hoops.

    So in the name of embedding the racist poison of social justice, the CHIPS Act, ostensibly designed to increase America’s share of cutting-edge semiconductor manufacturing, is actually driving new fab construction out of America.

    Heck of a Job, Brandon.

    Oregon Declares War On Family Farms

    Saturday, March 30th, 2024

    The radical left-wing anti-farm green agenda isn’t just trying to destroy agriculture in foreign locales like The Netherlands, it’s also happening in Oregon.

  • “The state of Oregon has effectively shut down small farms and market gardens on a large scale, and they’re actually sending out cease and desist letters to farms.” (By “market gardens” he means small farms that only supply produce locally.)
  • “They’re using satellite technology to find their victims and then send them these letters, and say you can’t operate, and they’re doing it in the name of water conservation.”
  • “Oregon’s government and dairy industry [have joined] forces against small farmers.”
  • “There are two different laws that they’re using.”
  • “They’ve redefined what a CAFO is.” CAFO stands for “Concentrated Animal Feeding Operation.” According to Wikipedia, the source of all vaguely accurate knowledge, a CAFO is where “over 1,000 animal units are confined for over 45 days a year. An animal unit is the equivalent of 1,000 pounds of “live” animal weight.[1] A thousand animal units equates to 700 dairy cows, 1,000 meat cows, 2,500 pigs weighing more than 55 pounds (25 kg), 10,000 pigs weighing under 55 pounds, 10,000 sheep, 55,000 turkeys, 125,000 chickens, or 82,000 egg laying hens or pullets.”
  • Oregon seems to have redefined that. “This applies to people who have chicken houses, who have goat farms, basically anybody who has a barn or a facility that has a gravel or concrete floor.”
  • “What’s happening in Oregon, and why the small dairies have filed a lawsuit against the state…it doesn’t matter the size of the operation, you could have two milking cows.”
  • “Sarah King, who owns Godspeed Hollow Farm in Newberg, Oregon, has a pickup station that’s just 100 ft in length. She has an 11 acre property, and keeps things pretty simple. She has three milking cows. [Because] she has that milking stand, the state of Oregon said you are a CAFO, and because you are considered a CAFO, they require you to put in this infrastructure improvement which would cost her $100,000,”
  • “We’re requiring this massive infrastructure upgrade for you to continue to operate your facilities to protect our ground water from your two cows standing on a milking stand.”
  • Even if you have a gravel floor in a chicken coop, Oregon wants to come after you. “They have redefined CAFOs. This is going to impact nearly everybody.”
  • “This law is being enforced in the state of Oregon. It has already shut down some farms.”
  • There is an injunction on the definition of the law until it can be heard in court.
  • “You would think that they were going after raw milk, that always seems to be the case with a lot of these things, but this is actually going after anybody. Egg producers, anybody who has chickens that go up in a chicken house at night that may have a concrete floor.”
  • You have to go through a permitting process, and a lot of what they’re requiring is just simply too much for the small farmer. So that’s rule number one.”
  • “The second rule: In the state of Oregon, if you are using water, even groundwater, the only water that you can legally harvest and use without a permit is actually rainwater. They consider all water in the ground a resource of the public. Even if you have a private well on your property, that belongs to the people of Oregon.”

  • “This is a rule that went into place back in 2021, and then it has slowly rolled out to the point where market gardeners with a half acre of land are now receiving cease and desist orders saying you can’t water your gardens. Figure out another way to do it.”
  • The law says you can use up to 5,000 gallons a day, but market gardeners are proably only using 1,000 gallons a day. “You would think that they’re saying you’re a commercial business, because if you are growing food for yourself [But] There’s a lady has been growing food and selling it to neighbors. It’s been her primary income source and they shut her down.”
  • “Christina Del Campo um has just over a half acre. She grows blueberries, local vegetables, things like that. Her farm is called Oak Song Farm near Eugene. She’s operated there for 7 years and she recently received received a letter from the regional office of the Oregon Water Resources Department. It was a notification that the farm couldn’t irrigate its commercial crops without a water right.”
  • “They shut her down because, according to the Oregon Water Resources Department, the exemption for commercial use does not include irrigation of land.”
  • “Basically, the state of Oregon is coming in now and they’re they’re putting things on people’s wells to measure the amount of water. It’s very invasive.”
  • “Supposedly Oregon had these rules in place since 1909. They just keep changing them.”
  • “They’ve sent out letters not just to this one farmer, but multiple small farms, market garden farms, saying you can’t water your crops anymore.”
  • “This is actually a war on small farms.”
  • “We’ve seen this happening over and over and over again, where we’re seeing them utilize water rights [protection] to shut down farms across our country.”
  • “If you look at the number of farms that we’ve lost since 2000, it’s staggering. We’ve gone from 2,100,000 farms in 2000 down to 1,850,000 farms at the end of last year.”
  • “You’ve seen a lot of these cases where they’ve gone in and they’ve just shut off farms to water rights to an entire valley at a time.”
  • “We’re seeing them take control over people’s wells putting meters on people’s wells, shutting down small farms.”
  • “Everybody should have the right to farm fresh food. Oregon is basically taking that right away from every Oregon citizen by taking away the rights of the small farmers to operate their businesses in the name of some laws that were originally put in place to protect groundwater from much larger scale operations.”
  • If there isn’t some sort of sinister agenda behind these new regulatory pushes, destroying small farms certainly gives a pretty good impression of a sinister agenda. And no points for guessing which political party enjoys uncontested control of Oregon. Remember when Democrats claimed to be looking out for family farms? Doesn’t seem to be the case any more. Someone should ask Willie Nelson about all this…

    Texas has a Right to Farm statute that should (theoretically) prevent such abuses here.

    LinkSwarm For March 29, 2024

    Friday, March 29th, 2024

    Lies trying to hide how bad the Biden Recession sucks continue to unravel, a mini Texas-vs.-California update, Ukraine makes another oil refinery go boom, true depths of human depravity, some Bill Burr and Critical Drinker links, and two tons of Murica. It’s the Friday LinkSwarm!

  • Dallas Fed manufacturing survey: “It’s A Far Deeper Recession Than Publicized.”

    Against expectations of a small improvement from -11.3 to -10.0, the headline sentiment gauge dropped to -14.4 (the lowest end of analysts’ forecasts).

    Furthermore, the production index, a key measure of state manufacturing conditions, fell five points to -4.1, a reading that suggests a slight decline in output month over month.

    Other measures of manufacturing activity also indicated declines this month.

    The new orders index – a key measure of demand – dropped 17 points to -11.8 after briefly turning positive last month.

    The capacity utilization index edged down five points to -5.7, and the shipments index plunged from 0.1 to -15.4.

    The decline in new orders came alongside a surge in prices as raw materials costs rose to 13-month highs…

    That has the stench of stagflation lathered all over it.

  • Also worse than reported: employment numbers. “Philadelphia Fed Admits US Payrolls Overstated By At Least 800,000.”

    We first have to go back to December 2022, when we reported something shocking: as part of its data analysis of the “more comprehensive, accurate job estimates released by the BLS as part of its Quarterly Census of Employment and Wages (QCEW) program”, the Philadelphia Fed found that the BLS had overstated jobs to the tune of 1.1 million! This is what the Philadelphia Fed wrote in its quarterly Early Benchmark Revision of State Payroll Employment report at the time:

    Our estimates incorporate more comprehensive, accurate job estimates released by the BLS as part of its Quarterly Census of Employment and Wages (QCEW) program to augment the sample data from the BLS’s CES that are issued monthly on a timely basis. All percentage change calculations are expressed as annualized rates. Read more about our methodology. Learn more about interpreting our early benchmark estimates.

    So what did this “more accurate”, “more comprehensive” report find? It found that…

    In the aggregate, 10,500 net new jobs were added during the period rather than the 1,121,500 jobs estimated by the sum of the states; the U.S. CES estimated net growth of 1,047,000 jobs for the period.

    Lots of detailed analysis snipped.

    Putting it all together, we now know – as the Philly Fed reported first – that the labor market is far weaker than conventionally believed. In fact, no less than 800,000 payrolls are “missing” when one uses the far more accurate Quarterly Census of Employment and Wages data rather than the BLS’ woefully inaccurate and politically mandated payrolls “data”, and if one looks back the the monthly gains across most of 2023, one gets not 230K jobs added on average every month but rather 130K.

    Of course, none of that paints Bidenomics in a flattering picture, because while one can at least pretend that issuing $1 trillion in debt every 100 days to add 3 million jos per year is somewhat acceptable, learning that that ridiculous amount buys 800,000 jobs less is hardly the endorsement that the White House needs.

  • I think I link a story like this every year: “California Leads Among U.S. States Sending People to Texas in 2022. Florida and New York combined sent fewer people to Texas than California.” Leave any leftwing politics behind when you move…
  • California has a $55 billion deficit. But don’t worry, for the 24-25 fiscal year, it’s a $73 billion deficit.
  • Ukraine hits another Russian oil refinery, this time in Samara.
  • Russian network that ‘paid European politicians’ busted.”

    A Russian-backed “propaganda” network has been broken up for spreading anti-Ukraine stories and paying unnamed European politicians, according to authorities in several countries.

    Investigators claimed it used the popular Voice of Europe website as a vehicle to pay politicians.

    The Czech Republic and Poland said the network aimed to influence European politics.

    Voice of Europe did not respond to the BBC’s request for comment.

    Czech media, citing intelligence sources, reported that politicians from Germany, France, Poland, Belgium, the Netherlands and Hungary were paid by Voice of Europe in order to influence upcoming elections for the European Parliament.

    The German newspaper Der Spiegel said the money was either handed over in cash in covert meetings in Prague or through cryptocurrency exchanges.

    Pro-Russian Ukrainian oligarch Viktor Medvedchuk is alleged by the Czech Republic to be behind the network.

    Mr Medvedchuk was arrested in Ukraine soon after the Russian invasion, but later transferred to Russia with about 50 prisoners of war in exchange for 215 Ukrainians.

    Czech authorities also named Artyom Marchevsky, alleging he managed the day-to-day business of the website. Both men were sanctioned by Czech authorities.

    (Hat tip: Stephen Green at Instapundit.)

  • “Abbott says he needs ‘two more votes’ to pass school choice.” Presumably he’ll get those (and then some) in the May runoff.
  • $100M missing from Bay area trust fund management company. A Bay area father who counted on a local non-profit to handle a trust fund designed for his daughter’s long-term care feels duped.” And this is a trust for special needs kids.
  • Another dispatch from the decline of Charm City.

    The radical leftists in control of Baltimore City Hall have plunged the metro area just north of Washington, DC, into apocalyptic levels. We advise readers to entirely avoid the metro area as violent crime spirals out of control.

    Failed social justice reforms, defunding the police, and widespread mistrust of the police have resulted in a skeleton police force that will no longer be able to protect residents in some regions of the city.

    Fox Baltimore reported last Tuesday that only three police officers were on duty for the Southern Police District, which includes more than 61,000 residents.

  • Joe Lieberman, RIP. One of the least reprehensible Democratic senators of the last 30 years or so. But I still remember this:

  • Don’t click on this link unless you want to plumb the depths of human depravity. Noteworthy: “He and his husband.”
  • Flagstaff school board wants to parents to know they’re going to shove social justice down their children’s throats no matter what.
  • “GOP Delegates Adopt Resolutions Criticizing H-E-B CEO Charles Butt for Anti-School Choice Donations.”
  • Republicans file bill to strip money from woke medical schools.
  • Stellantis, AKA The European Monster That Ate Chrysler, just just laid off a whole bunch of white collar workers. Note their mention of focusing on “implementing our EV product offensive.” Oh yeah, they’re boned.
  • Speaking of EV layoffs, Ford is cutting down the staff of their F-150 Lightning plant to one third of what it was. The Lightning is enjoying a double whammy, in that people don’t want EVs, and Ford’s core customers can no longer afford trucks with an average selling price north of $80,000.
  • Florida Governor Ron DeSantis declares victory over Disney, as the latter has dropped their lawsuit over the the elimination of their special district status.
  • Sean Combs, AKA “Puff Daddy,” AKA “Diddy,” raided by the FBI. “A source close to the investigation told NBC News that the raid was connected to allegations of sex-trafficking and sexual assault and the solicitation and distribution of illegal narcotics and firearms.” “Source close” caveats apply.
  • The federal government is going to allow a shuttered nuclear power plant to be restarted. “The federal government announced that it would provide a $1.5 billion loan to restart a nuclear power plant in southwestern Michigan. NJ-based Holtec International acquired the 800-megawatt Palisades plant in 2022 with plans to dismantle it, but with support from the state of Michigan and the Biden administration, the emphasis has shifted to restarting the nuclear power plant by late 2025 instead.” Not wild about the loan part, but restarting America’s nuclear energy growth is long overdue.
  • Used Japanese homes are worthless Not just because of the shrinking population, but because they’re designed to be.
  • Bill Burr answers questions from the Internet.
  • The Critical Drinker is not impressed with the Road House remake. “The Patrick Swayze original wasn’t exactly peak cinema. It was dumb and over-the-top and silly, and I don’t imagine people were exactly crying out for a remake. But damn, man, it’s like Citizen Kane compared to this version.”
  • School tries to ban American flag from truck. Result: Two tons of Murica.
  • Twitch is cracking down on streams that “focus on intimate body parts.” After watching this, I have one question: Where exactly did the lady featured obtain her “automatic butt jiggler?”
  • Feel-good crime aftermath story:

    (Hat tip: Ace of Spades HQ.)

  • Hit the tip jar if you’re so inclined.





    Did Facebook Run A Man-in-The-Middle Hack Against Competitors?

    Thursday, March 28th, 2024

    Newly unsealed court documents accuse Facebook of running a man-in-the-middle attack against several competitors.

    At the request of CEO Mark Zuckerberg, Facebook officials developed a program called In-App Action Panel (IAAP) that they deployed in 2016 and which was in use through mid-2019, according to the documents, which include internal emails.

    The program utilized cyberattacks to intercept information from Snapchat, YouTube, and Amazon. The program then decrypted the information.

    “Facebook’s IAAP Program used nation-state-level hacking technology developed by the company’s Onavo team, in which Facebook paid contractors (including teens) to designate Facebook a trusted ‘root’ certificate authority on their mobile devices, then generated fake digital certificates to redirect secure Snapchat analytics traffic (and later, analytics from YouTube and Amazon) from Snapchat’s servers to Onavo’s; decrypted these analytics and used them for competitive gain, including to inform Facebook’s product strategy; reencrypted them; and sent them up to Snapchat’s servers as though it came straight from Snapchat’s app, with Facebook’s Social Advertising competitor none the wiser,” lawyers said in one of the documents.

    This is a clever attack in several ways. If you can create and get a program/device to accept a false signing certificate, you bypass having to break a company’s encryption altogether. The program trusts your fake certificate and creates a secure connection to your backend, using your encryption, thinking it’s transmitting information back to the targeted company. Also, analytics data doesn’t have to be sent and received in real time, so a significant delay in gather and receive times may not tip off the targeted company to the attack.

    None of this is a walk in the park, but it’s something like ten orders of magnitude easier than breaking the targeted company’s encryption stream on a live session to seamlessly hack it in real time, which is the sort of God-level hacking limited to those with NSA-level computing power, or fictional characters.

    The lawyers, representing plaintiffs in a lawsuit that accuses Facebook of anti-competitive behavior, were describing emails they obtained through discovery.

    In one email, Mr. Zuckerberg wrote that there was a need to receive information about Snapchat but that their traffic was encrypted. “Given how quickly they’re growing, it seems important to figure out a new way to get reliable analytics about them. Perhaps we need to do panels or write custom software. You should figure out how to do this,” he wrote.

    After Facebook employees started working on figuring it out, Facebook Chief Operating Officer Javier Olivan wrote that the program could pay users to “let us install a really heavy piece of software (that could even do man in the middle, etc.).”

    Man in the middle refers to a type of cyberattack where attackers secretly intercept information.

    More specifically, it’s where a third party successfully inserts itself into the communication stream between two other parties, relaying (and possibly altering) both ends of the communication without either party knowing.

    “We are going to figure out a plan for a lockdown effort during June to bring a step change to our Snapchat visibility. This is an opportunity for our team to shine,” Guy Rosen, founder of Onavo, later wrote. Onavo was started in Israel and bought by Facebook in 2013.

    In a presentation on the program when it was being finalized, it was stated that there would be “’kits” that can be installed on iOS and Android that intercept traffic for specific sub-domains, allowing us to read what would otherwise be encrypted traffic so we can measure in-app usage.”

    Documents and testimony obtained in the case showed the program was launched in June 2016 and continued being used through 2019.

    The program initially targeted Snapchat but was later expanded to Google’s YouTube and Amazon, according to the documents.

    A few quick points:

    1. This is all from Snapchat’s court documents, so you have to put an “allegedly” on all this.
    2. If all the allegations are true, Facebook has just broken all sorts of federal anti-hacking laws, including the Computer Fraud and Abuse Act (CFAA), the Electronic Communications Privacy Act (ECPA), the Identity Theft and Assumption Deterrence Act, and probably half a dozen more I haven’t even thought of.
    3. That Zuckerberg himself is (allegedly) directly implicated in deliberately breaking federal law is pretty breathtaking. He could be looking at serious jail time. Or would be, if he weren’t such a big Democratic Party Donor. (We’ll see how much time Sam Bankman-Fried catches today.)
    4. Snapchat is one thing, but targeting fellow tech behemoths Google (which owns YouTube) and Amazon with this sort of attack would seem to be…unwise. (Maybe Google’s forgiveness was covered in the secret deal the two companies allegedly signed with each other.)
    5. The timeframe is important here. Back in 2016-2019, the handling of digital signing certificates was a lot more loosey-goosey than it is now. A whole lot of things have been tightened up. I wouldn’t say it’s impossible to carry out such an attack now, but it would be harder.

    We’ll see if the whole thing jumps from litigation land to the feds actually going after Facebook, but at a time when Facebook is being sued by all manner of plaintiffs (including Texas and other state attorney generals) over privacy violations and anti-competitive practices, the Snapchat revelations could certainly provide more fuel for the fire…