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Behind effective accelerationism’s techno-optimist smile lies a familiar and dangerous impulse: subordinating human dignity to a technological imperative framed as inevitable.

The effective accelerationism movement (e/acc) presents itself as an enlightened embrace of technological progress, especially artificial general intelligence. Led by figures like Guillaume Verdon and embraced by venture capitalists like Marc Andreessen, the movement claims humanity faces a binary choice: “accelerate or die.” Those who question this narrative are dismissed as “decels” or “doomers” standing in the way of humanity’s cosmic destiny.

Nowhere is this authoritarian impulse more clearly articulated than in Andreessen’s “Techno-Optimist Manifesto”—a document that warrants direct examination. Strip away its futuristic veneer, and what remains is essentially 21st century fascism in digital clothing.

Consider the manifesto’s central claims. It flatly rejects the legitimacy of democratic regulation over technology: “We believe markets—free people making free choices—are the proper determinant of which technologies are created and deployed.” It declares technology the solution to all problems while dismissing concerns about inequality, sustainability, or governance as wrongheaded: “We oppose the philosophy of the unproductive ‘steady state.’“ Most tellingly, it explicitly rejects democratic oversight: “We are pro-civilization and thus we are focused on the private sector,” as if civilization itself is incompatible with public governance.

This isn’t mere enthusiasm for innovation; it’s a comprehensive political ideology that seeks to replace democratic deliberation with technological determinism and market fundamentalism. The manifesto’s vision is fundamentally feudal: a world where tech oligarchs determine humanity’s course, unencumbered by democratic institutions or public accountability. This isn’t optimism—it’s authoritarianism with a Silicon Valley gloss.

Andreessen positions himself as a philosopher-king of technological progress while demonstrating remarkable blindness to his own limitations. His breathless championing of Web3 and crypto as civilization’s inevitable future now looks more like hubris than vision as those markets have cratered. Though his venture firm, a16z, managed to unload much of its token holdings onto retail investors before the crash—a practice any reasonable person would find ethically troubling. This pattern of privatizing gains while socializing losses perfectly illustrates the movement’s underlying philosophy: technological “inevitability” for the masses, insider protection for the elite.

What makes e/acc dangerous isn’t enthusiasm for technology but its underlying technological determinism—the belief that innovation follows a predetermined path humans must accept rather than direct. This deterministic view treats human agency as largely irrelevant, serious debate as futile, and skepticism as dangerous heresy. We’ve seen this pattern before in other deterministic ideologies, from Marxist historical inevitability to market fundamentalism’s “invisible hand.” Marxism once declared proletarian revolution inevitable, sidelining debate about the means. Free-market fundamentalism claimed deregulation was destiny, ignoring warnings of catastrophic risk. Both left profound damage in their wake.

Technological determinism doesn’t just silence debate—it quietly erases the belief that humans have meaningful agency in shaping their future.

The movement’s practice of labeling critics as “decels” reveals its epistemic authoritarianism—a system where questioning the accelerationist narrative becomes not just incorrect but morally suspect. This approach inherently limits pluralistic debate, silences valid ethical concerns, and frames caution as weakness rather than wisdom. When questioning technological development is framed as opposition to progress itself—as an obstacle rather than necessary caution—we’ve crossed from debate into epistemic authoritarianism.

This authoritarian impulse isn’t accidental but essential to the movement’s character. Its leading voices consistently present themselves not as participants in democratic deliberation but as visionaries whose insight transcends normal political constraints. There’s something fundamentally fascistic in this self-conception—the belief that technological “greatness” requires bypassing democratic processes and dismissing public concerns as ignorance.

Let’s be very clear about what this is: a fascist disposition wrapped in techno-futurism. The historical parallels are too striking to ignore. Like 20th century fascism, it glorifies speed and power over deliberation and equity. It frames democratic oversight as weakness and celebrates the will of technological “pioneers” over collective wisdom. It positions a self-selected elite as the arbiters of humanity’s future while dismissing those who disagree as obstacles to progress. If this isn’t fascism in contemporary form, what would be?

Perhaps most troubling is e/acc‘s cynicism about human dignity. By explicitly subordinating traditional ethical values to technological imperatives and cosmic entropy maximization, the movement creates a moral calculus indifferent or even hostile to individual and collective human flourishing. When technology becomes an end in itself rather than a means to human ends, we risk a profound moral impoverishment—technological nihilism wearing the mask of cosmic purpose.

If we reject technological authoritarianism, the alternative isn’t Luddism—it’s philosophical liberalism, with its firm commitment to pluralism, human dignity, and epistemic humility. Liberal democracy isn’t anti-technology—it insists only that technological development must remain subject to democratic accountability, ethical oversight, and meaningful consent. Liberalism sees technological progress not as inevitable, but as an ongoing human choice. Liberal democracy exists not to maximize entropy or technological development for its own sake, but to safeguard conditions for diverse human flourishing.

What’s actually at stake in this debate isn’t just the pace of innovation but whether humans meaningfully shape their own future. E/acc‘s seductive simplicity—its promise that surrendering to technological inevitability will solve humanity’s problems—can slide quickly into authoritarian governance justified by “inevitable” technological imperatives. We’re already seeing these dynamics at work in real-world contexts, as when the Trump administration uses tariffs as leverage to force countries to accept Elon Musk’s Starlink—a fusion of technological and political power that bypasses democratic accountability.

The center must be held against this technological determinism. Two plus two equals four means we must always insist on seeing reality clearly, not through the distorting lens of inevitability narratives that conveniently serve those already in power. Human dignity and democratic legitimacy aren’t obstacles to technological advancement—they’re its moral foundation. Without them, technology inevitably becomes not a force for liberation, but merely another form of authoritarian control—no matter how brightly it smiles.

Mike Brock is a former tech exec who was on the leadership team at Block. Originally published at his Notes From the Circus.


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The Trump administration is methodically implementing every element of Heritage Foundation’s Project 2025 censorship playbook, and Democratic leadership’s response is… to help them? Earlier today, Chuck Schumer and Richard Blumenthal joined MAGA Republicans to reintroduce the Kids Online Safety Act (KOSA) — a bill that Heritage itself has proudly proclaimed as central to its strategy of censoring progressive content around LGBTQ issues and abortion. The new bill appears to be effectively identical to last year’s version.

It raises a huge question of… what the fuck are they thinking?

The press release touts its “bipartisan” nature, with Democratic Senators Chuck Schumer and Richard Blumenthal sponsoring the bill, alongside Marsha Blackburn and John Thune.

Last year, when Heritage Foundation declared its desire to use KOSA to censor LGBTQ content and announced it would leverage the bill to remove pro-abortion content if Trump won, perhaps some could dismiss it as empty rhetoric. But now? The Trump administration is systematically implementing every element of Heritage’s Project 2025 censorship playbook. There’s no more room for wishful thinking about how KOSA might be used.

And yet, Democrats seem to act as if none of that is happening, and we can just assume good faith in how KOSA will be implemented and enforced by an FTC that has loudly proclaimed its willingness to conduct partisan, culture war witch hunts on behalf of Project 2025’s goals.

Yes, we expect Richard Blumenthal to reflexively support any anti-internet bill. But Chuck Schumer? After everything we’ve seen, how can Democratic leadership still pretend there’s any good faith here? Trump is already using every available tool to wage his censorial culture wars. Heritage has explicitly laid out how they’ll use KOSA to silence progressive voices. What possible justification could there be for Democrats to hand them an even more powerful weapon?

Even some Republicans recognize the danger here. Senator Rand Paul has consistently maintained that censoring the internet won’t help children. And last year, House GOP members actually stopped the bill after realizing it was a censorship tool that could be used against their own speech. But now that Trump has won (and the GOP acts as though there will never be another free election), that objection may evaporate.

The bill’s lead sponsor, Marsha Blackburn, was already openly stating last year that her support for KOSA was about using it to censor LGBTQ content. That was before Trump’s victory made Heritage’s censorship plans a reality.

So here we are: Heritage Foundation explicitly laid out their plans to weaponize KOSA against progressive speech. Marsha Blackburn openly admitted it’s about censoring LGBTQ content. The Trump administration is systematically implementing every element of Project 2025’s censorship agenda. And the FTC stands ready to enforce it all.

Yet Democratic leadership isn’t just standing idle — they’re actively helping to build the machinery of censorship that will be used against their own constituents. Either Schumer and Blumenthal are catastrophically naive, or they’ve simply decided that appearing “bipartisan” matters more than protecting vulnerable communities from state-sponsored censorship.

The real question isn’t what they’re thinking. It’s whether they’re thinking at all.


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Our long national nightmare is over. More lives have been saved than have possibly ever lived. And that’s just since earlier this year.

Using the same drug math that turns a couple of kilos into something with tens of millions of dollars of “street value,” Attorney General Pam Bondi publicly claimed Trump’s return to office has prevented this nation from dwindling to a more-than-merely-decimated republic populated by less than 100 million people.

As Joe Lancaster reports for Reason, Bondi’s first announcement was just as stupid but not quite as absolutely surreal. Following a late April tour of a DEA forensic lab, Bondi claimed the seizure of 22 million pills had saved only “119 million lives.” But that number grew exponentially when Bondi returned to the White House to pay fealty to King Donald.

During a televised Cabinet meeting the following day, she effusively praised Trump for the accomplishments of his first 100 days. “Since you have been in office,” she gushed, “your DOJ agencies have seized more than 22 million fentanyl pills, 3,400 kilos of fentanyl, which saved—are you ready for this, media?—258 million lives.” That figure amounts to roughly three out of every four Americans, or nearly the entire adult population according to the most recent U.S. Census.

Literally laughable. That may be math, but it’s not the sort of math anyone would consider to be credible, unless credibility isn’t your actual goal. It’s not just Bondi being literally unbelievable. It’s the DOJ itself, which seems to think doing an insane amount of extrapolation is the best way to deliver drug seizure stats.

A DOJ spokesman told Slate’s Jim Newell that they multiplied 3,400 kilograms seized by its “current purity level,” then divided that amount into 2-milligram doses—yielding just over 258 million individual deadly drams.

Of course, that’s not how drug use, much less drug distribution, works. Seizing drugs may keep those (and only those) drugs from reaching their final destination. But it hardly puts a dent in drug distribution networks, which are fully cognizant of the fact that there’s a certain amount of shrinkage (to use a retail term of art) inherent to the illicit substance business.

But the more stupid claim is that taking this much off the streets is equal to saving this many millions of lives. Even if drug dealers were just hurling fistfuls of pills into the street like candy at a parade, there’s no way 258 million people would be able to grab them, much less decide the sudden gifting of fentanyl pills demands immediate consumption of a possibly fatal dose.

To be sure, fentanyl does kill a lot of people. But the war on drugs isn’t doing much to prevent these tragedies from happening. If anything, years of non-productive busywork has done little more than increase the potency of available substances and ensure no drug user truly knows what they’re ingesting because it’s an entirely unregulated market in which potency and purity can vary wildly.

Finally, it’s just an insanely idiotic claim to make publicly, something made even worse by the DOJ’s decision to back up Bondi’s bootlicking with a mathematical equation that spells out exactly how incredibly stupid her claim was. Lots of things are capable of killing someone, but no one ever claims each seized bullet, gun, car, or tainted consumable is the equivalent of one saved life. That’s because it’s simply not true. Just because this involves the drug boogeyman du jour doesn’t make these claims any more excusable.

The government can and should do what it can to prevent fentanyl overdoses. But making literally absurd claims in public doesn’t do a damn thing but expose those making these claims as the idiotic opportunists they are.


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Last year the Biden FCC passed a new rule providing portable Wi-Fi hotspots to school kids who struggle to do their homework online. More specifically, the rule allowed schools to leverage the FCC’s E-Rate program funds to pay for mobile hotspots in things like busses, making it easier for kids who lack broadband (or can’t afford broadband) to get online. The E-Rate budget was not increased.

Enter the Taco-Bell-fart-in-a-suit known as Ted Cruz, who last January introduced a Congressional Review Act (CRA) to kill the effort. Why? The effort upset companies like AT&T, which would obviously prefer it if the poor, rural families’ in question had to pay them for an expensive and unreliable rural wireless line. The CRA can be used to reverse rulings done within a set amount of time (usually 6 months).

So this week, that program quietly took another step toward destruction thanks to Ted Cruz’s idiotic efforts and the Republican-controlled Senate:

“The Senate approved a Congressional Review Act (CRA) resolution to nullify the hotspot rule, which was issued by the Federal Communications Commission in July 2024 under then-Chairwoman Jessica Rosenworcel. The program would be eliminated if the House version passes and President Trump signs the joint resolution of disapproval.”

This sort of thing (helping kids with shitty home broadband do their homework) used to not be partisan, and it’s another example of how radical the modern GOP has become. And how our broken media has normalized that radicalization in really harmful ways.

Again, the destruction of this program comes at the direct request of telecom giants which didn’t like government access eroding their wireless revenues. But the sort of ignorant justifications the GOP threw out to justify the vote were just utterly unhinged gibberish.

Cruz’s original press release announcing his plan teeters in and out of typical far right nonsense, including completely false claims that this free hotspot program somehow “censored kids’ exposure to conservative viewpoints.” Again, just complete nonsense by absolute weirdos, and part of a much broader effort to make sure U.S. broadband remains shitty and expensive to the benefit of big telecom.


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Look, folks, I have to admit that I’m running out of ways to open these posts about RFK Jr., so let’s just do this quickly. He’s a vaccine skeptic with a ton of bad ideas on public health policy, is letting the current measles outbreak expand for no good reason, has promised to have the cause of autism uncovered by the tail end of summer, will get the government to stop poisoning all of America with chemtrails, and might kinda be into a light version of eugenics. I’ll remind you again, should you have forgotten, that this is the man in charge of American healthcare.

Perhaps as alarming is some news that slipped by me a couple of weeks back: RFK Jr. has written in a book that he doesn’t believe in the germ theory of disease, opting instead for the miasma theory. What’s that you say? You haven’t heard of the miasma theory? Well, that’s probably because it was abandoned around the time his Nazi-appeasing grandfather was born.

The miasma theory was advanced by Hippocrates in the fourth century BC[3] and accepted from ancient times in Europe and China. The theory was eventually abandoned by scientists and physicians after 1880, replaced by the germ theory of disease: specific germs, not miasma, caused specific diseases.

Just impeach this guy already, damn it.

But my main point in bringing up yet another of Kennedy’s absurd healthcare beliefs isn’t merely to add a 59th reason he shouldn’t be the Secretary of HHS. It’s also because it makes what he posted to ExTwitter over Mother’s Day all the more strange.

Yes, Kennedy took his grandkids on a hike! And a swim! In a creek in which you are prohibited from swimming due to dangerous bacteria in the water? Why? Well, because it suffers from known sewage runoff, dear friends. Kennedy took his grandkids swimming in literal shitwater.

The creek is known for having a sewage overflow problem and posing a health hazard to any who enter it. The National Park Service, which manages the Rock Creek Park, strictly bars all swimming and wading in Rock Creek and the park’s other waterways due to the contamination, specifically “high levels of bacteria.”

A notice on the NPS website advises “Stay Dry, Stay Safe,” warning, “Rock Creek has high levels of bacteria and other infectious pathogens that make swimming, wading, and other contact with the water a hazard to human (and pet) health. Please protect yourself and your pooches by staying on trails and out of the creek. All District waterways are subject to a swim ban—this means wading, too!”

If I wanted to be kind to Kennedy, I could refer to this as the George Carlin method of healthcare. One in which you intentionally expose yourself to as many health dangers as possible in the misguided attempt to build up your immunity.

Now, if you watch that entire Carlin special, as I have, you know just how much tongue and cheek stuff is in there. But even if you wanted to take Carlin’s words at face value, he was a fucking comedian. He was the functional equivalent of a professional clown, whereas Kennedy’s clownery is as unprofessional as it gets. And, also like Kennedy, he too has zero medical training or background.

It would be easy enough to think that Kennedy will lie in whatever bed he’s made by swimming in unclean water, of course. But there are children to consider here. I, for one, wouldn’t want Kick or — checks notes — Bobcat, to get some flesh-eating bacteria inside their tiny bodies and have something horrible happen. Were Child Protective Services to witness a parent bathing their children in their home in a solution concocted of water, feces, and urine, those children would be whisked away and put in the charge of actual thinking adults. But here Kennedy is doing essentially the same thing, but out in a stream.

And the larger point is, again, that this man is in charge of American healthcare at the moment. He believes in disease theories from the 1800s, doesn’t like vaccines, thinks everyone should get measles and the weaklings will die, and is now a documented shit-diver.

Really, honestly, truly… how much more does anyone need to boot him from his post?


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Buried in the House GOP’s massive budget reconciliation bill is a seemingly simple provision about AI regulation. The idea appears straightforward enough: stop states from regulating AI companies for the next decade. To do this, they quietly added language preventing states from regulating “artificial intelligence models, artificial intelligence systems, or automated decision systems.”

This is, ostensibly, about “protecting innovation.” Or maybe just pleasing some campaign donors [waves to Elon!]. But there’s a small problem.

What, exactly, is an “automated decision system”?

According to the bill, it’s “any computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues a simplified output, including a score, classification, or recommendation, to materially influence or replace human decision making.”

Right. So, yes, that would include AI.

But you know what else it includes? Pretty much every content moderation system ever created. And a whole lot more as well. As Dreamwidth founder Rahaeli points out, the incredibly broad and vague language would actually ban enforcement of basically any state internet regulation for the next decade. It could ban laws around using technology to diagnose health. Or using AI for hiring or sentencing guidelines.

Okay this is horrible but hilariously would also preclude 99% of state "think of the children" social media deanonymization laws and 100% of the attempts to regulate social media under "defective product" theories of action because it's so broadly written lol

rahaeli (@rahaeli.bsky.social) 2025-05-13T00:13:08.926Z

Amusingly, the state laws this would kill include Republicans’ favorite new (generally unconstitutional) hobby horse — all those “protect the children online” bills they keep passing. You know the ones: laws requiring social media companies to verify ages, scan for harmful content, and generally “think of the children.”

See, every single tool these laws require would count as an “automated decision system.” The algorithm that checks if someone’s underage? That’s an automated decision system. The tool that flags potentially harmful content for kids? Also an automated decision system. The filters that GOP state legislators demand social media companies use? You guessed it.

In fact, if you read the definition carefully, it would seem to ban state regulation of pretty much any computer system that helps make decisions. Which, in 2025, is… most computer systems?

At this point, you might be thinking, “Well, surely there are exemptions for…” but nope. While the bill does include some exemptions, none of them would save these state-level content moderation laws. The House GOP, in their rush to please AI companies, have written a law so broad it would effectively prevent states from regulating any algorithmic system for a decade.

There’s a certain poetic justice here. These state-level social media laws have consistently been struck down as unconstitutional anyway. Having them all preempted by federal law might actually save everyone some time and legal fees.

At the very least, there’s a temptation to sit back and “let them cook.”

But this creates a fascinating contradiction: Republican state legislators are pushing for more control over tech companies, while Republican federal legislators are accidentally making that control impossible. It’s almost as if they don’t actually have a coherent technology policy beyond “do whatever seems politically expedient at the moment.”

To be fair, having federal-level AI regulation rather than 50 different state laws probably does make sense. But there’s a difference between thoughtful federal preemption and… whatever the fuck this is.

The House GOP clearly wanted to score some quick points with the AI industry. Instead, they’ve written a law that would nuke their own party’s cherished “save the children” crusade. Though given how those laws keep getting struck down anyway, maybe they’ve accidentally done everyone a favor.


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We’ve written a lot about how understanding the playbook Elon Musk used at Twitter is key to understanding his current playbook with DOGE. The people who literally wrote the book on said playbook are New York Times journalists Ryan Mac and Kate Conger (the latter of whom joined the podcast last year to discuss the book), and this week they both join us to dig deeper into the ways Musk is reusing his Twitter methods on the entire federal government.

You can also download this episode directly in MP3 format.

Follow the Techdirt Podcast on Soundcloud, subscribe via Apple Podcasts or Spotify, or grab the RSS feed. You can also keep up with all the latest episodes right here on Techdirt.


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It’s hardly a secret that Meta is an unpleasant company. That’s reflected both in terms of what happens behind closed doors, and its actions in the market. Some of its attempts to bully nations or even large economic blocks are well documented. But its threats outside Western markets are just as reprehensible, though less well known. For example, the Rest of the World site reports on a major confrontation between Meta and the authorities that is currently taking place in Nigeria:

Local authorities have fined Meta $290 million for regulatory breaches, prompting the social media giant to threaten pulling Facebook and Instagram from the country.

As with earlier EU fines imposed on the company, the sticking point is Meta’s refusal to comply with local privacy laws:

The [Federal Competition and Consumer Protection Commission (FCCPC)] said Meta committed multiple and repeated infringements of the country’s Nigerian rules, including “denying Nigerians the right to control their data, transferring and sharing Nigerian user data without authorization, discriminating against Nigerian users compared to users in other jurisdictions, and abusing their dominant market position by forcing unfair privacy policies.”

After remediation efforts failed, the FCCPC issued its final order in July 2024, imposing a $220 million fine along with penalties from other agencies that took the total amount to $290 million. Meta appealed the decision, but the plea was overturned in April, prompting the company’s threat to withdraw its services from Nigeria.

The fine itself is small change for Meta, which had a net income of $62 billion on a turnover of $165 billion in 2024, and a market capitalization of $1.5 trillion. Meta’s current revenues in Nigeria are relatively small, but its market shares are high:

According to social media performance tracker Napoleoncat, Meta has a massive presence in the country, with Facebook alone reaching about 51.2 million users as of May 2024, more than a fifth of the population. Instagram had 12.6 million Nigerian users as of November 2023, while WhatsApp had about 51 million users, making Nigeria the 10th largest market globally for the messaging app.

Since many Nigerians depend on Meta’s platforms, the company might be hoping that there will be public pressure on the government not to impose the fine in order to avoid a shutdown of its services there. But it is hard to see Meta carrying out its threat to walk away from a country expected to be the third most populous nation in the world by 2050. In 2100, the population of Nigeria could reach 541 million according to current projections.

Even though the dispute in Nigeria has received little attention in the Western press, it involves a number of important issues such as privacy, national sovereignty and the future demographics of the online world, all of which have a global dimension. It also provides yet another instance of Meta behaving badly.

Follow me @glynmoody on Mastodon and on Bluesky.


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Progressive streamer Hasan Piker’s recent detention by CBP at the Chicago airport has generated widespread outrage — and rightfully so. No US citizen should be interrogated about their political beliefs when re-entering their own country. But while CBP’s behavior was egregious, Piker’s response was potentially even more dangerous: he chose to engage in a two-hour conversation with federal agents without a lawyer present, streaming about it afterward as if this were just more content for his millions of followers.

For many years, we’ve called out this kind of bullshit interrogation technique of citizens at the border (it didn’t start with Trump, though it’s almost certainly gotten worse with him in power).

Rather than following the basic rule of only showing his passport, answering the most basic travel-related questions and requesting a lawyer if they asked further questions, Piker chose to engage in an extended dialogue with CBP officials about his political views, beliefs about Hamas, and even past Twitch bans. He turned what should have just been a clear story of an unfortunately common constitutional violation into potential legal ammunition against himself. As Taylor Lorenz reported:

He was detained in Chicago and questioned for two hours about protected journalistic activities like who he’s interviewed and his political beliefs. He was asked whether or not he’d interviewed Hamas, Houthis, or Hezbollah members. He was questioned about his opinions on Trump and Israel and asked about his history of bans on Twitch. His phone and laptop were not confiscated.

“They straight up tried to get something out of me that I think they could use to basically detain me permanently,” Piker said on stream following the incident. “… [the agent] kept saying stuff like, do you like Hamas? Do you support Hamas? Do you think Hamas is a terror group or a resistance group?”

“I kept repeating the same statement over and over again,” Piker said. “I kept saying… I’m on the side of civilians. I want the endless bloodshed to end. I am a pacifist. I want wars to end… which is insane because up until this moment. If you were to say as an American citizen, you stand 10 toes down with Hamas, or you stand 10 toes down with the Houthis, they can’t deny you entry into the country for that shit.”

His post-detention stream reveals just how badly he misunderstands the danger he put himself in. Despite claiming he “kept repeating the same statement,” he eagerly recounts engaging in detailed discussions about his past statements on 9/11 and getting excited when a CBP official supposedly “agreed with the blowback sentiment.” This isn’t protecting your rights — it’s giving federal agents hours of statements that could be twisted, misquoted, or used to trap you in inconsistencies later. Even a single misremembered detail could become grounds for a false statements charge.

Throughout his stream, Piker frames this as a battle of wills — bragging about being a “stubborn piece of shit” who wouldn’t be intimidated. But he fundamentally misunderstands the game being played. While intimidation may be a useful side effect for CBP, their primary goal in these extended interviews isn’t to scare you — it’s to get you talking. The more you talk, the more likely you are to say something they can use. And here’s the crucial part that Piker missed: they don’t need you to admit to a crime. They just need you to say something — anything — that they can later claim was false. Just ask Martha Stewart, who went to prison not for insider trading, but for lying about a stock sale to investigators.

Piker’s response to viewers questioning his judgment reveals just how deeply his influencer mindset clouds his legal judgment:

I know that under normal circumstances, I’m supposed to say I want a lawyer. I don’t want to talk to you, but this… nothing I’m doing is illegal.

And I also wanted to see what would happen. Do you understand? I wanted to see what would happen. I wanted to actually see this experience, which is why instead of immediately fucking lawyering up, I was like, “No, I’m going to I’m going to entertain this. I’m going to see what they actually are trying to get out of this.”

And I’m glad I did this because the reality of the matter is one, I’m profoundly privileged. Okay, remember I’m a public person and also I have enough money to to be able to fight back against this sort of thing and they know who the fuck I am. So obviously the reason for why they’re doing that is I think to try to create an an environment of fear to try to get people like myself or at least like others that would be in my shoes that don’t have that same level of security to shut the fuck up. And for me, I’m going to use the privilege that I have in that moment to try and see what the fuck they’re doing. Okay?

This response perfectly encapsulates the dangerous intersection of influencer culture and law enforcement encounters. Piker treats this like content creation — an opportunity to “see what would happen” and generate an interesting story. But federal agents aren’t content collaborators. They’re trained investigators who excel at getting people to inadvertently incriminate themselves through casual conversation. His “privilege” of being a public figure with money doesn’t protect him — it makes him a more valuable target.

He totally misunderstands the shit he’s in here. Yes, part of this is intimidation and trying to get him to shut up when talking publicly, but while they have detained him they want him to talk away because that’s how he fucks himself. You are bound to say something at some point that can be used against you. Even if you’re positive you haven’t.

If you think this sounds paranoid, just watch this essential lecture by law professor James Duane explaining why you should never talk to law enforcement without a lawyer present. The lecture is followed by 20 minutes of a police officer basically confirming everything Duane says and emphasizing that you should never, ever talk to law enforcement without a lawyer, and explaining how he (and other cops) are great at convincing you to talk against your best interest:

There’s a lot in there, but he explains why you should never talk to law enforcement without a lawyer even if you’re innocent, you only tell the truth, don’t reveal anything incriminating, and the entire interview is taped. Because even then what you say can be used against you in ways you don’t expect. And, as he notes, what you say can never be used in your favor in such circumstances.

Or, to put it in shorter, more direct terms, listen to the late great pioneering civil rights lawyer Bill Goodman and his longtime law partner Denise Heberle in the PSA they put together four or five years ago for the National Lawyers Guild telling people to shut up when talking to law enforcement.

Also, if you’re re-entering the country, make sure you know what your actual rights are.

Piker and his supporters have offered up multiple defenses of his decision to talk, each more dangerous than the last:

First, they insist it “worked” because CBP eventually let him go. This fundamentally misunderstands how these encounters work. They were always going to let him in — he’s a US citizen. Requesting a lawyer would have “worked” too. He would still have been let in. The risk isn’t in the moment, it’s in how those two hours of statements might be used against him later. He might have told a little white lie that will come back to haunt him. He may have made a slight exaggeration. He might have said something that could be twisted and misrepresented in court. There are many reasons that he has put himself in totally unnecessary risk.

Second, they argue he got more attention for the incident by engaging. But he could have generated the same outrage by simply describing CBP’s unconstitutional detention and questioning after asserting his rights. The story isn’t improved by putting himself at legal risk.

Third, his supporters argue that since “CBP doesn’t care about due process anyway,” asserting your rights is pointless. This is exactly backwards. When facing authorities who might violate your rights, you don’t voluntarily surrender them — you assert them clearly and create a record of doing so. Voluntarily waiving your rights because they “might not respect them anyway” is handing them the win for no goddam reason.

Finally, there’s the “journalist generating content” defense — perhaps the most dangerous rationalization of all. This perfectly captures how influencer-brain can lead people to catastrophically misread serious situations. When being questioned by federal agents, you’re not a journalist gathering material. You’re not creating content. You’re potential prey facing trained predators whose entire job is getting you to say something — anything — they can use against you later.

Perhaps most disturbing is watching his supporters argue that he’s “experienced at this” because he handles hostile Twitch chat trolls daily. This dangerous false equivalence perfectly illustrates how influencer culture can lead people to fatally misunderstand encounters with state power. Managing online trolls requires an entirely different skillset from protecting your rights during law enforcement questioning. One is about engagement; the other is about knowing when to stay silent.

This matters far beyond Piker’s individual case. With his massive platform, he’s teaching millions of followers exactly the wrong lesson about dealing with law enforcement — that if you’re clever enough, privileged enough, or “experienced” enough at handling conflict, you can somehow talk your way through it. This is exactly the kind of thinking that leads people to waive their rights and incriminate themselves.

Yes, CBP’s treatment of Piker was shameful and unconstitutional. It deserves fierce condemnation. But by turning a serious civil rights violation into influencer content, Piker didn’t just put himself at risk — he helped normalize the very kind of police overreach he claims to oppose.


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We’ll have to see if NSO Group has this sort of cash just laying around. Seems unlikely, what with its financial backers pulling out in response to a steady stream of negative headlines, as well as the company considering exiting the highly-profitable offensive malware market.

Sure, this will be appealed and NSO will try to get the awarded damages trimmed down to a more manageable number, but for now, this is what NSO Group owes Meta, the parent company of WhatsApp:

NSO Group, the Israeli spyware-maker behind Pegasus, must pay Meta $167.25 million for hacking 1,400 users across WhatsApp. A federal jury in California made the decision on Tuesday after the court found the NSO Group liable for the attacks last year.

[…]

The jury also awarded Meta $444,719 in compensatory damages.

John Scott-Railton of Citizen Lab has a pretty thorough rundown of this litigation over at Bluesky. Citizen Lab, of course, has been instrumental in revealing abusive deployments of NSO Group’s Pegasus malware by some of its shadier customers. And Citizen Lab has been targeted by some of NSO’s investors in hopes of stopping the self-inflicted bleeding the Israeli malware maker endured over the past four years.

A settlement was expected when NSO Group was ordered to turn over its malware source code by a California federal court. But then NSO asked the Israeli government to raid its offices and seize anything it might be forced to produce in response to WhatsApp discovery requests. Then it let the lawsuit play out, which turned out to be a bad idea. A jury said NSO Group was in the wrong, and for now, at least, it’s on the hook for nearly $168 million in damages.

Meta is taking a deserved victory lap on its site. But of more interest to everyone than news that Meta may become slightly richer are the documents posted by the victorious party, which include transcriptions of NSO Group depositions.

Included in the depositions are the actual price tags for Pegasus, NSO Group’s most powerful and profitable product. As of 2020, $7 million bought governments the ability to deliver spyware to up to 15 targets. If governments wanted to target devices not currently in the country, that added feature ran $1-2 million on its own.

Given that, you’d think NSO would still have plenty of cash in the bank. But spending nearly a half-decade watching your fortunes dwindle and your name become synonymous with humans rights abuses tends to empty the coffers fairly quickly. At some point, NSO will finally have to settle up with WhatsApp. And the success of this lawsuit will hopefully deter other companies with similarly questionable ethics from rushing to fill the void left behind by NSO’s spectacular implosion.


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The Trump administration has illegally declared the Digital Equity Act of 2021 “racist and unconstitutional,” and called for it to be dismantled. The grant program had been helping push affordable fiber optic broadband into communities long neglected regions by regional telecom monopolies, be they minority, low-income, rural, suburban, or urban.

It’s the latest effort by the administration to destroy whatever was left of U.S. consumer protection, and any and all efforts to address our sagging, uncompetitive broadband markets.

Trump, who, I’d guarantee, has no idea how the program worked or what it does, took to his personal propaganda platform to whine about the program:

Trump post on Truth Social: I have spoken with my wonderful Secretary of Commerce, Howard Lutnick, and we agree that the Biden/Harris so-called "Digital Equity Act" is totally UNCONSTITUTIONAL. No more woke handouts based on race! The Digital Equity Program is a RACIST and ILLEGAL $2.5 BILLION DOLLAR giveaway. I am ending this MMEDIATELY, and saving Taxpayers BILLIONS OF DOLLARS!

The Digital Equity Act provides $2.75 billion for three beneficial grant programs aimed at bringing affordable broadband access to rural communities, disadvantaged urban communities, schools, and anchor institutions. Much of this money still hadn’t been doled out yet, but in many instances the money was funding affordable fiber to long-neglected communities.

These kinds of investments usually have significant downstream economic benefits thanks to expanded access to education, health care, and remote employment opportunities.

Republicans also recently killed the FCC’s Affordable Connectivity Program (ACP), which provided $30 broadband discount for low-income users. Republicans also claimed they killed that program for cost savings, but a follow up study found the program generated three times the economic benefits ($29.5 billion) than the program cost. Just not to the sort of people Republicans like.

Consumer groups like Public Knowledge were quick to note that Trump lacks any authority to kill the Digital Equity Act (passed by Congress as part of the infrastructure bill, which is the dictionary definition of legal), and that its destruction will heavily harm many of his own constituents, including red state veterans.

Republican FCC boss Brendan Carr is also destroying FCC efforts to finally acknowledge longstanding racial discrimination in broadband deployment. Data clearly illustrates how many big ISPs have refused to upgrade or repair service in minority neighborhoods, and in many places actually charge low income and minority residents more money for slower service than in less diverse, more affluent neighborhoods.

The FCC under Biden had only just started doing something about these problems. Those efforts are dead now under Trumpism.

Republicans are also attempting to destroy the FCC’s Universal Service Fund (USF), which also helps bring affordable broadband to disadvantaged schools. And they’re destroying a program that helped disadvantaged school kids obtain Wi-Fi access via remote hotspots provided by schools. More broadly, they’re also destroying the FCC’s ability to hold telecom giants accountable for any bad behavior.

In the case of the Digital Equity Act of 2021, Republican Senator Ted Cruz falsely claimed it is “impermissible race-based discrimination under the equal protection component of the Fifth Amendment’s Due Process Clause.”

That’s gibberish by racist imbeciles who aren’t bright enough to even understand what they’re destroying. In many of these examples, Republicans are claiming that efforts to prevent discrimination are in fact discriminatory, an argument that will struggle to gain traction in anything other than our most rightward-lurching court (which, unfortunately for those of us with empathy, is a growing part of our legal system).

The Digital Equity Act barely mentions race; simply including some vague language stating that deployments must be even and non-discriminatory. That was enough to set ignorant racists off. This program was hugely beneficial to red states, and veterans, and rural and urban dwellers alike. Its destruction, assuming it stands, is immeasurably ignorant and yet another broad policy embarrassment.

Republican policies are directly making your broadband access shittier and more expensive. But in most press coverage Republicans never have to take true or consistent ownership of said shitty policies. Republicans will be allowed to pretend this sort of destruction is about cost savings, but it’s usually either about bigotry, ignorance, or coddling terrible, unpopular telecom giants like AT&T and Comcast.

U.S. education and journalism (especially local) is so shitty, most of the electorate will then never tether their shitty and expensive broadband access to their own electoral choices. Wash, rinse, repeat.


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The nightmare that is Elon Musk’s DOGE cuts continues. The program, originally billed as a method for identifying all kinds of waste, fraud, and abuse within government spending, has shown itself to be more about giving Musk’s DOGE kiddos access to all kinds of data they shouldn’t have and something of a creative writing exercise when it comes to how much in supposed savings DOGE is creating. Meanwhile, these cuts are causing real harm to real people, from the chaos its helping create at the IRS, the suffering around the world stemming from the virtual shutdown of USAID, all the way to the cuts at HHS as RFK Jr. growls about chemtrails while the current measles outbreak that started early this year just crossed the 1,000 confirmed case mark.

But there are other cuts, too. The National Oceanic and Atmospheric Administration (NOAA) was hit hard with budget and staff cuts itself. One of the victims of those cuts is a tracking mechanism for the costs incurred by the government for major natural disasters.

Perhaps most notably, the NOAA announced it would be shuttering the “billion-dollar weather and climate disasters” database for vague reasons. Since 1980, the database made it possible to track the growing costs of the nation’s most devastating weather events, critically pooling various sources of private data that have long been less accessible to the public.

“In alignment with evolving priorities, statutory mandates, and staffing changes, NOAA’s National Centers for Environmental Information (NCEI) will no longer be updating the Billion Dollar Weather and Climate Disasters product,” NOAA announced. “All past reports, spanning 1980-2024, and their underlying data remain authoritative, archived, and available,” NOAA said, but no data would be gathered for 2025 or any year after.

Is tracking the cost trends of natural disasters in America useful? Of course it is! Especially if you want to do trend analysis for budgeting purposes, if nothing else. Is part of the reason this is being cut due to Donald Trump’s disdain for climate change’s very existence? Almost certainly! After all, a show of rising costs from natural disasters would show that those disasters are increasing in frequency and severity, poking a giant hole in Trump’s theory that it’s all just a hoax created by Chinese lizard people to make America worse off… somehow.

So instead of collecting this useful data for analysis, Trump would prefer the American government act like an ostrich and shove its collective head in the sand. And, yes, I realize that descriptions of how ostriches do this is absolute nonsense. They don’t do anything remotely like shoving their head in the sand when they encounter danger. That would be evolutionarily idiotic.

But it’s exactly this idiocy that is Trump’s new policy.

Although the database purported to have “no focus on climate event attribution,” its tracking appeared to conflict with Trump orders prohibiting DEI and undoing climate initiatives, alongside other crippling cuts to science. CNN dubbed the database’s closure “another Trump-administration blow to the public’s view into how fossil fuel pollution is changing the world around them and making extreme weather more costly.”

It’s unlikely that any private company, nonprofit, or academic research group could replicate the effort, CNN suggested, since private industry otherwise shields its data from public view. Losing the database will not only impact how local governments assess the most devastating weather catastrophes but will also hobble all research dependent on the database to expand analysis of concerning trends. And it comes at a time when the Trump administration is threatening even more cuts at NOAA, planning to eliminate its research division and climate labs, CNN reported.

In place of all of this useful data, I suppose, will be more printed out disaster maps Sharpied to accommodate an American President’s wishcasting.


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In the 1970s, President Richard Nixon tried to fire the Department of Justice prosecutor leading an investigation into the president’s involvement in wiretapping the Democratic National Committee’s headquarters.

Since then, the DOJ has generally been run as an impartial law enforcement agency, separated from the executive office and partisan politics.

Those guardrails are now being severely tested under the Trump administration.

In February 2025, seven DOJ attorneys resigned, rather than follow orders from Attorney General Pam Bondi to dismiss corruption charges against New York Mayor Eric Adams. Adams was indicted in September 2024, during the Biden administration, for alleged bribery and campaign finance violations.

One DOJ prosecutor, Hagan Scotten, wrote in his Feb. 15 resignation letter that while he held no negative views of the Trump administration, he believed the dismissal request violated DOJ’s ethical standards.

Among more than a dozen DOJ attorneys who have recently been terminated, the DOJ fired Erez Reuveni, acting deputy chief of the department’s Office of Immigration Litigation, on April 15. Reuveni lost his job for speaking honestly to the court about the facts of an immigration case, instead of following political directives from Bondi and other superiors.

Reuveni was terminated for acknowledging in court on April 14 that the Department of Homeland Security had made an “administrative error” in deporting Kilmar Abrego Garcia to El Salvador, against court orders. DOJ leadership placed Reuveni on leave the very next day.

Bondi defended the decision, arguing that Reuveni had failed to “vigorously advocate” for the administration’s position.

I’m a legal ethics scholar, and I know that as more DOJ lawyers face choices between following political directives and upholding their profession’s ethical standards, they confront a critical question: To whom do they ultimately owe their loyalty?

Identifying the real client

All attorneys have core ethical obligations, including loyalty to clients, confidentiality and honesty to the courts. DOJ lawyers have additional professional obligations: They have a duty to seek justice, rather than merely win cases, as well as to protect constitutional rights even when inconvenient.

DOJ attorneys typically answer to multiple authorities, including the attorney general. But their highest loyalty belongs to the U.S. Constitution and justice itself.

The Supreme Court established in a 1935 case that DOJ attorneys have a special mission to ensure that “justice shall be done.”

DOJ attorneys reinforce their commitment to this mission by taking an oath to uphold the Constitution when they join the department. They also have training programs, internal guidelines and a long-standing institutional culture that emphasizes their unique responsibility to pursue justice, rather than simply win cases.

This creates a professional identity that goes beyond simply carrying out the wishes of political appointees.

Playing by stricter rules

All lawyers also follow special professional rules in order to receive and maintain a license to practice law. These professional rules are established by state bar associations and supreme courts as part of the state-based licensing system for attorneys.

But the more than 10,000 attorneys at the DOJ face even tougher standards.

The McDade Amendment, passed in 1998, requires federal government lawyers to follow both the ethics rules of the state where they are licensed to practice and federal regulations. This includes rules that prohibit DOJ attorneys from participating in cases where they have personal or political relationships with involved parties, for example.

This law also explicitly subjects federal prosecutors to state bar discipline. Such discipline could range from private reprimands to suspension or even permanent disbarment, effectively ending an attorney’s legal career.

This means DOJ lawyers might have to refuse a supervisor’s orders if those directives would violate professional conduct standards – even at the risk of their jobs.

This is what Assistant U.S. Attorney Danielle Sassoon wrote in a Feb. 12, 2025, letter to Bondi, explaining why she could not drop the charges against Adams. Sassoon instead resigned from her position at the DOJ.

“Because the law does not support a dismissal, and because I am confident that Adams has committed the crimes with which he is charged, I cannot agree to seek a dismissal driven by improper considerations … because I do not see any good-faith basis for the proposed position, I cannot make such arguments consistent with my duty of candor,” Sassoon wrote.

As DOJ’s own guidance states, attorneys “must satisfy themselves that their behavior comports with the applicable rules of professional conduct” regardless of what their bosses say.

Post-Watergate principles under pressure

The president nominates the attorney general, who must be confirmed by the U.S. Senate.

That can create the perception and even the reality that the attorney general is indebted to, and loyal to, the president. To counter that, Attorney General Griffin Bell, in 1978, spelled out three principles established after Watergate to maintain a deliberate separation between the White House and the Justice Department.

First, Bell called for procedures to prevent personal or partisan interests from influencing legal judgments.

Second, Bell said that public confidence in the department’s objectivity is essential to democracy, with DOJ serving as the “acknowledged guardian and keeper of the law.”

Third, these principles ultimately depend on DOJ lawyers committed to good judgment and integrity, even under intense political pressure. These principles apply to all employees throughout the department – including the attorney general.

Recent ethics tests

These principles face a stark test in the current political climate.

The March 2025 firing of Elizabeth Oyer, a career pardon attorney with the Justice Department, raises questions about the boundaries between political directives and professional obligations.

Oyer was fired by Bondi shortly after declining to recommend the restoration of gun rights to actor Mel Gibson, a known Donald Trump supporter. Gibson lost his gun rights after pleading no contest to a misdemeanor domestic battery charge in 2011.

Oyer initially expressed concern to her superiors about restoring Gibson’s gun rights without a sufficient background investigation, particularly given Gibson’s history of domestic violence.

When Oyer later agreed to testify before Congress in a hearing about the White House’s handling of the Justice Department, the administration initially planned to send armed U.S. Marshals officers to deliver a warning letter to her home, saying that she could not disclose records about firearms rights to lawmakers.

Oyer was away from home when she received an urgent alert that the marshals were en route to her home, where her teenage child was alone. Oyer’s attorney described this plan as “both unprecedented and completely inappropriate.”

Officials called off the marshals only after Oyer confirmed receipt of the letter via email.

Why independence matters

In my research, I found that lawyers sometimes have lapses in judgment because of the “partisan kinship,” conscious or not, they develop with clients. This partisan kinship can lead attorneys to overlook serious red flags that outsiders would easily spot.

When lawyers become too politically aligned with clients – or their superiors – their judgment suffers. They miss ethical problems and legal flaws that would otherwise be obvious. Professional distance allows attorneys to provide the highest quality legal counsel, even if that means saying “no” to powerful people.

That’s why DOJ attorneys sometimes make decisions that frustrate political objectives. When they refuse to target political opponents, when they won’t let allies off easily, or when they disclose information their superiors wanted hidden, they’re not being insubordinate.

They’re fulfilling their highest ethical duties to the Constitution and rule of law.

The Conversation

Cassandra Burke Robertson is Professor of Law and Director of the Center for Professional Ethics, Case Western Reserve University

This article is republished from The Conversation under a Creative Commons license. Read the original article.


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As this post explains, we have issues with the third installment of the Copyright Office’s report on AI. The rest of this post discusses them, but we note here that, while the report is due criticism, the criticism does not warrant or justify the firing of Register of Copyrights Shira Perlmutter from her duly-appointed position. But we will save comment on that news for other posts and use this one to discuss our chief concerns with the report itself.

At the end of last week the Copyright Office released a prepublication version of the third, and likely final, report of the study it did on the intersection of copyright law and AI. Earlier installments addressed the questions raised by copyright with respect to AI output and digital replicas, whereas this installment addressed whether and how copyright law is implicated by training an AI model on copyrighted works and, in particular, whether such use of works for this purpose was a fair use.

There are some good things to highlight from the report. For example, it acknowledged a concern raised by commenters, including one we raised as the Copia Institute, that if models could only be trained on licensed works it would inherently produce a distorted model tainted by bias and inaccuracy.

But there are also concerning aspects to the report, with one of the most significant being that there was not a single mention of the First Amendment. And we know commenters raised it as an important consideration, because we did in our comments. In particular we discussed how allowing a copyright to bar AI training would interfere with the First Amendment’s protection of the right to read because if people are free to read directly, then they should be able to use tools (like crawlers and bots) to help them do their reading, and if they can’t be free to use tools to do their reading, then are they really free to read after all, which the First Amendment says they are supposed to be. It’s an important question to resolve, but one which the report seems to have entirely ignored.

It is also odd to omit any discussion of the First Amendment in any significant fair use analysis because fair use is an important way copyright law is able to comport with the First Amendment. As we’ve explained before, the Progress Clause of the Constitution says that Congress has the authority to write copyright law, but the First Amendment tempers that authority, just as it tempers all of Congress’s authority to write laws, to ensure that it “makes no law” that abridges freedom of expression. Without fair use, expressive freedom is often abridged, so it is very odd to produce a major document addressing a potential fair use and not directly consider how the Constitution informs the analysis.

Worse, it seems to be part of a growing trend to skip right over that part, which we saw earlier when the Supreme Court issued its own major fair use decision in the case about whether Andy Warhol’s Prince picture was a fair use of the earlier Lynn Goldsmith photograph. Not only did the entire decision fail to mention the First Amendment even once, but its analytical approach, which has been echoed in this report, tends to overemphasize market concerns over transformative concerns.

True, this report did acknowledge that AI “training a generative AI foundation model on a large and diverse dataset will often be transformative,” and being transformative is also a significant way that First Amendment interests are advanced by fair use because it recognizes how a later use adds something that an original use did not, and fair use is about saying yes to that new thing.

But, like the Supreme Court in Warhol, the Copyright Office invited the subordination of the transformative quality of the new use in favor of concerns about market harm for the original works an AI model trains on. Even though, like in Warhol, and also the Second Circuit’s decision in Hachette v. Internet Archive, these concerns are often predicated on dubious evidence about what harm there actually might be and questionable presumptions about what copyright owners should be entitled to say no to when others want to use their works. (It is another point that we made in our comments that if copyright owners can prevent reading, it would significantly expand the list of exclusive rights a copyright grants from what the statutory language currently includes.)

Unlike these decisions, however, the report only collected and collated public comments speaking to these issues; it doesn’t make law itself. The copyright statute is the statute as Congress has written it and courts will interpret it. But the report is influential in how it guides courts and Congress, and so it is important to note that while on its face it appears seemingly exhaustive, plenty of important analysis is missing from it, and thus its ability to effectively influence is commensurately limited.


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The mass renditioning of migrants hasn’t gone exactly as planned. Sure, it’s resulted in extreme amounts of stupid cruelty, which is very much on-brand for Trump administrations, but the mass deportation efforts have also met with considerable resistance from federal court judges.

The administration hoped to keep the courts from doing anything to protect migrants and their rights by invoking the Alien Enemies Act to strip them of whatever minimal protections they had. But you kind of need a war to justify utilizing the AEA and Trump sure as shit doesn’t have that. Not only are the standards used to declare detainees sloppy and tainted by massive amounts of confirmation bias, but there’s absolutely no evidence available anywhere that the Venezuelan government is directing the actions of any actual Tren de Aragua (TdA) gang members detained by ICE and CBP. With each passing day, the “we’re at war with TdA” excuse is further undercut by reports crafted by intelligence agencies and federal law enforcement agencies.

The main leverage point for suing the government over deportations are writs of habeas corpus. These motions demand the government bring the detained person to court and prove their impending deportation and/or ongoing detention is justified. Naturally, the Trump Administration is angry this right afforded to everyone in the United States, whether they’re here legally or not, is slowing down its mass exodus of brown people.

Enter Stephen Miller, Trump’s homeland security advisor. Miller made a statement to reporters that is the normal Trumpian blend of lies, half-truths, and implied threats towards co-equal government branches. Here’s the whole thing, as posted by The Bulwark on Bluesky:

Stephen Miller: "The writ of habeas corpus can be suspended in a time of invasion. So I would say that's an option we're actively looking at."

The Bulwark (@thebulwark.com) 2025-05-09T19:27:26.852Z

Here’s everything that fell out of Miller’s mouth during his response to reporters:

Well, the Constitution is clear. And that, of course, is the supreme law of the land, that the privilege of the writ of habeas corpus can be suspended in a time of invasion. So … that’s an option we’re actively looking at. Look, a lot of it depends on whether the courts do the right thing or not. At the end of the day, Congress passed a body of law known as the Immigration Nationality Act which stripped Article III courts, that’s the judicial branch, of jurisdiction over immigration cases. So Congress actually passed what’s called jurisdiction stripping legislation. It passed a number of laws that say that the Article III courts aren’t even allowed to be involved in immigration cases.

Yikes. Here’s a top Trump official saying — out loud! — that if there are rights standing in the way of its deportation scheme, the administration will just go about the business of eliminating those rights, rather than continue to do deportation business within the confines of the Constitution.

Here’s how Steve Vladeck describes it prior to his excellent point-by-point breakdown of Miller’s statement:

I know there’s a lot going on, and that Miller says lots of incendiary (and blatantly false) stuff. But this strikes me as raising the temperature to a whole new level—and thus meriting a brief explanation of all of the ways in which this statement is both (1) wrong; and (2) profoundly dangerous.

It’s one thing to be wrong and, subsequently, mostly impotent. Being wrong and profoundly dangerous is possibly the worst combination.

As Vladeck notes, the Suspension Clause was added to limit abuse by the government, not encourage it. That’s where Miller is wrong.

To casually suggest that habeas might be suspended because courts have ruled against the executive branch in a handful of immigration cases is to turn the Suspension Clause entirely on its head.

He’s also wrong about the courts in general. There is no “jurisdiction stripping” in immigration cases. Changes to the law funnel more immigration cases directly into immigration courts, but nothing in the law forbids federal courts from handling cases in the first instance. And federal Article III courts have always been the landing spot for appeals of immigration court decisions.

Here’s where Miller is dangerous:

Miller gives away the game when he says “a lot of it depends on whether the courts do the right thing or not.” It’s not just the mafia-esque threat implicit in this statement (“I’ll make him an offer he can’t refuse”); it’s that he’s telling on himself: He’s suggesting that the administration would (unlawfully) suspend habeas corpus if (but apparently only if) it disagrees with how courts rule in these cases. In other words, it’s not the judicial review itselfthat’s imperiling national security; it’s the possibility that the government might lose.

[…]

[S]uggesting that the President can unilaterally cut courts out of the loop solely because they’re disagreeing with him is suggesting that judicial review—indeed, that the Constitution itself—is just a convenience.

The Suspension Clause can only be used in extreme cases of insurrections or invasions that threaten the public’s safety. No one invoked this Clause when an actual insurrection attempt took place. And there’s absolutely zero credible evidence that even remotely suggests the mere presence of foreign gang members on US soil constitutes an “invasion.”

Miller’s statement is just another play call from the Trump playbook: yet another option it may try to deploy to deny even the most limited form of due process to detainees slated for deportation. Trump and his officials want nothing to do with the things that actually make America great, because those things stand in the way of them doing everything they can to make America an autocratic shithole.


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The Trump administration last week fired one of the most respected librarians in America because she allegedly put “inappropriate books” in a library that basically gets copies of nearly all books and doesn’t even allow children to check out books.

Carla Hayden, the astoundingly effective Librarian of Congress for the past nine years, was abruptly fired one year short of completing her term, continuing Trump’s pattern of removing qualified public servants based on manufactured culture war bullshit.

The firing comes amid an increasingly aggressive nationwide campaign targeting any competent federal employee who isn’t a fawning, obsequious, Trump-fluffing sycophant. While it’s hitting across the government, it seems particularly harshly executed when the targets are related to culture and education, as is the case here.

Hayden had been celebrated after she replaced James Billington, who was the Librarian of Congress for decades and was so disliked that the people who worked for him cheered when he finally agreed to retire. Hayden, on the other hand, was (1) an actual librarian, and (2) widely respected and loved from folks I’ve spoken to.

As for why she was fired… well, the administration is coming up with a bunch of utter nonsense about “DEI.”

That’s White House spokesperson Karoline Leavitt responding to a question about her firing by saying:

We felt she did not fit the needs of the American people. There were quite concerning things that she had done at the Library of Congress in the pursuit of DEI and putting inappropriate books in the library for children. And we don’t believe that she was serving the interests of the American taxpayer well. So, she has been removed from her position, and the President is well within his rights to do that.

So, almost all of that is complete and utter bullshit (the Karoline Leavitt propaganda special). There was nothing concerning she did other than be a qualified Black woman who has done an amazing job at the Library of Congress for nine years.

The claim about “putting inappropriate books in the library for children” is one of those lies that’s so stupid it’s almost pointless to debunk, but just for the record: almost every new book goes into the Library of Congress, and thousands of new books are added every day. But more importantly, children are not allowed to access books in the library.

The Library of Congress is a research library, and books are used only on the premises by members of the public. Anyone age 16 and older may use the collections.

So, no, she’s not adding inappropriate books for children to the library.

So why is this happening?

It may have something to do with a sketchy dark money group whose entire purpose seems to be about creating “DEI watch lists” that seem to simply be lists of federal government employees who are Black. That group recently put together an entire website with a “report” about “partisan bias at the Library of Congress,” (which I’m not linking to, because fuck that), but the claims are beyond ridiculous. That website targeted two individuals as proof of “bias”: Hayden and the Register of Copyrights, Shira Perlmutter, who was also fired this weekend.

The entire claim about why Hayden is “partisan” is that she hosted an event in 2023 with author and history professor David Brinkley. Apparently, a year earlier, totally unrelated to his appearance at the Library of Congress, Brinkley had lightly praised [checks notes] Republican Trump critics Liz Cheney and Casey Hutchinson.

That is literally their most damning piece of evidence. From there, it gets even dumber. Would you believe that the Librarian of Congress once [*gasp*] moderated a panel at… The American Library Association’s conference! Bring me my fainting couch!

And then they include an entire page trying to (weakly) prove that the ALA is “left-wing” (not Carla Hayden, just the ALA).

That’s how fucking weak the argument is. This group has absolutely nothing to pin on Hayden, but they still complained, and Trump went ahead and fired her and Leavitt lied about it. As for Perlmutter, the entire claim about her “bias” appears to be that (1) she has donated to Democrats (2) her appointment was cheered on by Jerry Nadler and (3) her sister is involved in progressive activism. They don’t seem to mention her Nobel Prize-winning brother. They also mention her support of questionable copyright policies, but they ignore that support for those policies was distinctly bipartisan with strong Republican support as well. We’ve been critical of Perlmutter (who has worked for legacy copyright interests) for years, but this is complete nonsense.

The whole thing is sketchy on another level too, since the Library of Congress is in this quasi-weird state where it’s partly in the Legislative Branch (hello “of Congress”) and partly in the Executive Branch, but multiple people have noted that since the President has the power to appoint the Librarian, that probably does mean he has the ability to fire them. The Librarian, though, is also usually who appoints the Register of Copyright (indeed, Hayden somewhat infamously fired a previous Register). So it’s possible that the Trump admin felt the need to fire Hayden to get to Perlmutter.

In the grand scheme of things, firing the Librarian of Congress may seem minor, but this was yet another example of a highly qualified, dedicated public servant that Trump fired for no good reason.


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You can believe any version of this story you want, but there’s no version that makes ICE and the DHS look like heroes protecting themselves from an actual threat. Let’s first take a look at the local reporting from where ICE is putting boots on the ground: Newark, New Jersey.

Three House of Representatives members decided to pay an unannounced visit to the ICE detention center in Newark. The detention center is being run by GeoGroup — one of a handful of private prison contractors that are oh so thrilled the Trump administration’s war on people who look kinda Mexican is going to keep them exorbitantly funded for the next several years.

Alina Habba, the interim US Attorney for the District of New Jersey, proudly announced the arrest of known scofflaw, Mayor of Newark, Ras Baraka, claiming he had “trespassed” and “ignored multiple warnings” to exit ICE’s rented property.

Here’s how that all went down, according to others on the scene, as well as a recording captured by one of the people attending the anti-ICE protest:

Witnesses said the arrest came after Baraka attempted to join a scheduled tour of the facility with three members of New Jersey’s congressional delegation, Reps. Robert Menendez, LaMonica McIver, and Bonnie Watson Coleman.

When federal officials blocked his entry, a heated argument broke out, according to Viri Martinez, an activist with the New Jersey Alliance for Immigrant Justice. It continued even after Baraka returned to the public side of the gates.

In video of the altercation shared with The Associated Press, a federal official in a jacket with the logo of the Homeland Security Investigations can be heard telling Baraka he could not join a tour of the facility because “you are not a congress member.”

Baraka then left the secure area, rejoining protesters on the public side of the gate. Video showed him speaking through the gate to a man in a suit, who said: “They’re talking about coming back to arrest you.”

“I’m not on their property. They can’t come out on the street and arrest me,” Baraka replied.

Here’s the Associated Press reporting, which verifies much of what’s asserted in PIX11’s local reporting. A few things immediately stand out. First, an HSI officer told Baraka he couldn’t come in because he wasn’t a member of Congress, which suggests the main problem HSI had with the Newark mayor was that he was exceeding his authority to perform an unannounced inspection of a federal facility.

And that may be true. But that wasn’t the story presented by the DHS. And, despite Baraka agreeing to exit the inner area and return to the public street, federal officers arrested him anyway.

Then the DHS released this hilariously skewed interpretation of this interaction as the official version of what went down that day at the Newark facility:

Members of Congress Break into Delaney Hall Detention Center

Today, as a bus of detainees was entering the security gate of Delaney Hall Detention Center, a group of protestors, including two members of the U.S. House of Representatives, stormed the gate and broke into the detention facility. Representatives Robert Menendez, Jr. and Bonnie Watson Coleman and multiple protestors are holed up in a guard shack, the first security check point.

“Members of Congress storming into a detention facility goes beyond a bizarre political stunt and puts the safety of our law enforcement agents and detainees at risk. Members of Congress are not above the law and cannot illegally break into detention facilities. Had these members requested a tour, we would have facilitated a tour of the facility. This is an evolving situation,” said Assistant Secretary Tricia McLaughlin.

Once we’ve processed the description of the events that claims these things happened and are still happening simultaneously, we’re now faced with the unlikely prospect of taking the phrase “storming into a detention facility” at face value.

The latest development is McLaughlin’s insistence the DHS is looking into arresting the three House representatives for their actions: the aforementioned “storming” of the ICE palace, etc., along with McLaughlin’s claim the reps “assaulted” ICE officers and “body slammed” one of them. Those “suspects” apparently include 80-year-old cancer survivor Congressional rep Bonnie Coleman.

Also, it’s pretty tough to “storm” a place that you’ve been given the power — and then the direct permission to enter:

Watson Coleman’s office told Axios they “arrived at Delaney Hall today at about 1PM to exercise their oversight authority as prescribed by law. After a period of explaining the law to the officials at the site they were escorted in.”

Despite all of the above happening, the DHS still thinks it might be a good idea to arrest government officials for trespassing. But it’s not even a good idea to publicly announce you might be considering bringing criminal charges. There are three co-equal branches of the government: the legislative, judicial, and executive. Guess what falls beneath all of those top-tier branches: every single federal agency, including the DHS, ICE, and the private contractors the government hires to handle its dirty work.

Arresting the mayor was the only option for a bunch of federal officers who wanted to punish someone for something after three members of Congress successfully played their oversight card. All of this is stupid and performative. It reeks of punitive desperation: the knee-jerk vindictive moves of people who just can’t handle being mildly inconvenienced, much less held to account by people outside of their respective agencies.


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We recently noted how device maker Garmin had decided to follow in the footsteps of Google’s Fitbit, and begin putting basic features behind an annoying subscription paywall to goose revenues. Garmin’s new “premium” Garmin+ tier takes several features users already enjoyed for free, put them behind a $7 per month paywall, and called it innovation.

Users are pretty broadly pissed about it. In part because Garmin smartwatches are already significantly more expensive than many brands. And because they’re now paying more money for the same services. And the new services Garmin has added to justify a “premium price” — like a new “AI” assistant — suck.

Speaking on the company’s latest earnings call, Garmin CEO Cliff Pemble responded to questions about the backlash by first lying and claiming that Garmin customers really like the direction Garmin is heading (a five second tour of the Garmin subreddit makes it very clear that’s not true). He then promised that more of this kind of enshittification was definitely coming:

“I think we’ve been saying for a while that we are evaluating opportunities to have a premium offering on Garmin Connect,” Pemble responded. “I think the developments of AI and particularly around AI-based insights for our users was one of those things that we felt was important to recognize the value for the investment that it takes to do.”

Again though, reviews of the “AI” features they’re adding are extremely bad, aren’t as good as other devices or fitness apps, and are often subject to basic math mistakes. Again it appears we’ve taken software and some light LLM automation, thrown the “AI” tag on it, and demanded that consumers both be stunned by the innovation and accept higher prices for existing services.

For a while Garmin differentiated itself from competitors like Fitbit for not doing this kind of predatory bullshit. If you dig through Reddit comments, it’s clear that a lack of subscription paywall is what drew a ton of customers to the brand in the first place.

But now that Garmin has decided to hop on this treadmill of goosing earnings by sucking value out of the free tier, it will never end. Company execs have deluded themselves into thinking this kind of paywalling is innovation, when it’s just mindless extraction and gatekeeping that harms customer loyalty.

Pemble, of course, can’t admit any of this to investors keen on improved quarterly returns at any cost, so it creates both a weird anti-consumer slippery slope, and a sort of willful delusion to prop it up. It also creates a new opportunity for future smart device competitors to make market inroads by not being nickel-and-diming assholes keen on insulting their customers’ intelligence.


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This week, we’ve got a double winner taking first place for both insightful and funny. It’s Strawb with a comment about Darren Beattie embracing the Twitter Files playbook:

Trump: “We will stop waste, fraud and abuse in the goverment!”

Beattie: ‘Starts a project that wastes government time and money, and creates a fraudulent narrative that will be abused to push an agenda‘

In second place on the insightful side, it’s Kinetic Gothic with another comment on that post:

I only had to read as far as “Darren Beattie” to know that this was going to be nuts..

This is the guy who Made the “Ray Epps is a Fed” a thing.

And he’s in the State Department now?

SRSLY, WTF..

Just more evidence that Trump isn’t draining the Swamp, he’s branding it as “TRUMP SWAMP” and stocking it with his favorite reptiles.

For editor’s choice on the insightful side, we start out with a comment from That Anonymous Coward about everyone’s favorite company, Comcast:

Calling it a ‘marketplace’ is really really generous as they still are the only game in town in some places & all of the regulations seem to exist only to prop up a few monopoly players at the expense of the alleged benefits of the so called free market.

They are entrenched and have grown fat & lazy because they haven’t had to compete in decades.

One merely needs to look at the MNVO boom where somehow these companies are still making money offering “cut rate” plans for sometimes less than half of the carrier who’s network it uses offers their direct customers.

Perhaps the secret is the magical system where the government runs the lines for a flat fee & various vendors compete to get users for their product & if they mistreat the user they can spend less than 20 min moving to a different provider without any hassle.

Its the 21st Century and 5G didn’t manage to do anything that was promised or feared… althou it is possible it made some zombies. (looks at congress).

Next, it’s Heart of Dawn with a comment about RFK Jr.’s victim-blaming stance on measles deaths:

This attitude doesn’t just stop with diseases, but to every aspect of life; food contamination, workplace injuries, pollution in the air, soil and water, etc. Their notion is that if it kills you- well you deserve it.

And for anyone who thinks they’ll be OK with this- it can happen to you at any time. You will be fine, right up to the second you’re not. Then it’s all to late. And even if you survive, odds are the resulting disability could end you up as a “useless eater,” and the target of even worse things.

Over on the funny side, we’ve already had our first place double-winner above, so on to second place. It’s Kinetic Gothic again with another comment about RFK Jr.’s statements:

In other news, Mayor of Starbase TX says town won’t need sidewalks, traffic signals, or speed limits , says pedestian deaths are the fault of the victims not buying a Cybertruck to get around.

For editor’s choice on the funny side, we start out with a comment from Nimrod about Trump’s assault on the legal profession:

No, Donald, you can NOT tariff a judge.

Finally, it’s Pixelation with a comment about the intelligence community demolishing claims of a Tren de Aragua “invasion”:

Next, they’ll claim Tren is working with Biden, a known terrorist. Everything bad is his fault! Make America German Again!

That’s all for this week, folks!


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This is a brief detour in our series of posts about the winners of this year’s public domain game jam, Gaming Like It’s 1929! We’ve already covered the Best Remix, Best Deep Cut, and Best Visuals, and Best Adaptation, but before we move on to the last two categories (Best Analog Game and Best Digital Game), let’s take a moment to run through the honorable mentions that we included in every category this year.

First up, the honorable mention for Best Remix went to Eleanor by Micah McFarland. This short piece of Twine interactive fiction artfully combines public domain artworks by more than a dozen artists, each one carefully chosen to illustrate a scene in the story. There’s some great succinct writing, multiple endings, and some hidden narrative mechanics under the hood.

Next, the honorable mention for Best Deep Cut went to The Last Tower by Zee Ham, a tabletop dungeon crawl game based on the 1929 architectural floorplans for the Chrysler Building. Using the plans as a skeleton, the game builds out a fun environment full of puzzles and encounters, as well as rich environmental storytelling woven through the details of the various rooms.

The honorable mention for Best Visuals went to Benten Pond by cutegamesclub, a simple sidescroller game based on a 1929 wood block painting. Though the gameplay is a bit frustrating, the visuals shine: the painting has been carefully and lovingly recreated as layered pixel art with parallax scrolling that takes full advantage of the original composition’s sense of depth and distance.

For Best Adaptation, the honorable mention went to DIY Dalí by haunted-jug, a meditative little game about remixing the iconic imagery from Salvador Dali’s paintings. It’s simple and engaging, and it puts the focus squarely on the source material — plus, it kicks off with a fun little animated flourish that perfectly sets the tone.

On to the two categories for which we haven’t yet had the main spotlight winner spotlight posts (those will wrap things up on the next two Saturdays).

For Best Digital Game, the honorable mention went to Thrall by Kanderwund, another piece of Twine interactive fiction, and one with an incredible sense of style. The prose is pretty stylish by itself, but the real eye-catcher is the presentation: full of lively lo-fi video backgrounds and set to moody atmospheric music, it’s an incredibly polished product for a game jam entry.

Finally, the honorable mention for Best Analog Game went to Red Harvest by fuzztech, a compact and well-designed mystery TTRPG for a game master and one or more players who roleplay as private investigators. It’s based on the Dashiell Hammett novel of the same name, but with a twist inspired by that name: it transports the story from a mining town in Montana to a mining town on Mars.

And that’s that for the honorable mentions! Congratulations to everyone whose game was chosen. We’ll be back next week with the next in our series of winner spotlights, and don’t forget to check out the many great entries that didn’t quite make the cut! And stay tuned for next year, when we’ll be back for Gaming Like It’s 1930.


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The state of American health is in crisis at the moment due to a confluence of things entirely created by the current administration. Putting RFK Jr. in charge of Health and Human Services (HHS) never felt like anything other than a move designed to troll Trump’s detractors and it shows. As the measles outbreak that began earlier this year continues to grow, Kennedy is busying himself going on talk shows to promise to end chemtrails or else claiming he’ll have the origins of autism solved in a few months. Musk’s DOGE, meanwhile, has produced a 1/8th cut of HHS’ workforce and slashed its funding while this is all going on. Thanks to DOGE and an obedient Kennedy, HHS has less capability to keep us healthy than it did before.

The health of a nation isn’t some joke. The people in charge of it should be more qualified to run it than simply having a famous last name and a penchant for spouting conspiracy theories about health concerns. And when the latest nominee for Surgeon General is best described as Kennedy’s favorite “wellness influencer,” well, we have a problem.

Dr. Casey Means is the nominee and, to be fair to her, she has a medical degree from Stanford and has done medical research work for the government and several prominent universities in the past. The previous nominee, Janette Nesheiwat, just withdrew without much explanation. Reports seem to indicate that this resulted from harsh pushback from alt-right gremlin Laura Loomer.

Means has no experience in government administration, however, and dropped her residency some time ago. Now she runs a tech company and hocks health supplements.

Casey Means has no government experience and dropped out of her surgical residency program, saying she became disillusioned with traditional medicine. She founded a health tech company, Levels, that helps users track blood sugar and other metrics. She also makes money from dietary supplements, creams, teas and other products sponsored on her social media accounts.

Means has mostly steered clear of Kennedy’s controversial and debunked views on vaccines. But on her website, she has called for more investigation into their safety and recommends making it easier for patients to sue drugmakers in the event of vaccine injuries. Since the late 1980s, federal law has shielded those companies from legal liability to encourage development of vaccines without the threat of costly personal injury lawsuits.

And this is going to be America’s doctor. Someone who is at least lightly skeptical of vaccines and who’s main qualification for the job appears to be that she supported Kennedy and he likes her.

Apparently other supporters, such as Kennedy’s running mate in his failed presidential bid, are quite skeptical of the nomination.

“Yes, it’s very strange. Doesn’t make any sense,” philanthropist Nicole Shanahan said in a post on X, responding to a separate post that was criticizing Trump’s decision to select Means. Means is primarily known as a wellness influencer.

“I was promised that if I supported RFK Jr. in his Senate confirmation that neither of these siblings would be working under HHS or in an appointment (and that people much more qualified would be),” Shanahan continued, referring to Means and her brother, Calley Means. “I don’t know if RFK very clearly lied to me, or what is going on. It has been clear in recent conversations that he is reporting to someone regularly who is controlling his decisions (and it isn’t President Trump).”

You can also add the previously mentioned Laura Loomer to Means’ detractors as well.

I agree with them, though I’m sure on vastly different grounds. Trump’s desire for media-first personalities within government positions is nothing knew, of course, but dipping so low as to put an “influencer” in as the nation’s top doctor is plainly absurd. To do it at the moment when there is a measles outbreak occurring is all the more so.

The need to remove Kennedy from his post is only becoming all the more clear.


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Gavin Newsom’s rightward shift represents not just a strategic miscalculation but a profound moral abdication based on a fundamental misunderstanding of both democratic principles and political reality.

Newsom appears to have convinced himself that the path to defeating Trumpism lies in adopting its language, accepting its framing, and finding “common ground” with an administration actively dismantling constitutional governance. This calculation rests on a dangerous conflation of popularity with principle—the belief that because Trump won an election, his approach must be what “middle America” wants and therefore what Democrats should emulate.

This logic fails on multiple levels. First, it fundamentally misunderstands why many Americans voted for Trump. They didn’t necessarily embrace constitutional violations, the weaponization of government against critics, or the abandonment of democratic norms—though many have come to excuse them. But that doesn’t mean they can’t be moved by moral clarity when it’s offered without condescension. Many voted based on specific economic anxieties, cultural concerns, or—crucially—because they believed demonstrable falsehoods about both Trump and his opponents. Winning their support doesn’t require adopting Trump’s authoritarian tendencies but addressing their legitimate concerns while providing a clear alternative to his approach to governance.

Second, Newsom’s strategy assumes that political victory is worth any moral cost. That defending constitutional principles, standing for truth, and maintaining democratic norms are luxuries that can be sacrificed for electoral advantage. This isn’t just cynical—it’s self-defeating. If Democrats adopt Trump’s rhetoric, accept his constitutional violations as mere“distractions,” and seek partnership with his administration, what alternative do they actually offer? They become not an opposition but an echo. Not a choice, but a counterfeit.

American voters are not looking for Democratic candidates who behave like junior varsity Trumpists. They’re looking for clarity. For conviction. When Democrats blur that contrast, they don’t win converts—they confirm Trump’s dominance of the political terrain. Voters can smell incoherence and opportunism from miles away. When leaders abandon their principles for perceived political advantage, they don’t gain credibility—they lose the very foundation of trust upon which political leadership must stand.

What Newsom fails to grasp is that the most powerful response to Trumpism isn’t accommodation but clear moral contrast. Not moving toward Trump but standing firmly on democratic principles. Not adopting his language but offering an alternative vision of governance based on truth, constitutional fidelity, and democratic values. The voters who might be swayed by a genuine alternative won’t be impressed by Democratic leaders who seem willing to abandon their principles for political advantage.

Perhaps most disturbing is how Newsom’s approach reveals a fundamental lack of faith in Americans’ capacity for democratic citizenship. It assumes citizens cannot be persuaded by truth, cannot be moved by appeals to democratic principles, cannot recognize the difference between governance and demagoguery. It treats voters not as citizens capable of democratic judgment but as consumers to be won through marketing and positioning—giving them what polling suggests they want rather than what democratic governance requires.

This approach directly contributes to the crisis of meaning I’ve documented throughout Notes From The Circus. When political leaders on both sides treat truth as optional, principles as negotiable, and constitutional violations as mere tactical concerns, they reinforce the nihilistic view that nothing is real, nothing matters, and power is the only currency worth pursuing. They don’t just fail to counter Trumpism; they actively strengthen its foundations.

Political leaders who convince themselves that accommodating authoritarianism is the path to defeating it have already surrendered the moral ground from which effective resistance must operate. They haven’t found a clever strategy; they’ve abandoned the very principles they claim to defend.

The center must be held—not by moving rightward in pursuit of imagined political advantage, but by standing firmly on the constitutional principles and democratic values that make legitimate political competition possible at all. Not by treating truth as optional but by insisting on its centrality to democratic governance. Not by dismissing constitutional violations as distractions but by recognizing them as fundamental threats requiring clear moral response.

The ground approaches. And those who respond by triangulating, accommodating, and seeking “partnership” with the forces undermining democratic governance may find they’ve not only failed to defeat Trumpism but actively enabled its transformation from political movement to governing regime.

At this point, Newsom isn’t just forgetting what’s real—he’s surrendering the very possibility of its defense.

Not everything that is faced can be changed, but nothing can be changed until it is faced.” — James Balwin

Mike Brock is a former tech exec who was on the leadership team at Block. Originally published at his Notes From the Circus.


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There have been so many absolutely crazy stories in the first few months of the second Trump administration, but the story of federal agents kidnapping Tufts graduate student Rumeysa Ozturk entirely over a fairly boring op-ed she co-authored criticizing the Tufts administration still stands out for its utter pointlessness. It is extreme even when compared to the many other extreme and horrific immigration efforts engaged in by this administration.

Get this, though: it turns out that kidnapping celebrated foreign PhD students in broad daylight for writing mild criticism of their own university is not even remotely constitutional or reasonable.

Thankfully, a judge has now freed her and made it quite clear that nothing the government is weakly arguing in this case makes any sense at all.

U.S. District Judge William Sessions, who is presiding over the case, said at the conclusion of Friday’s bail hearing that Ozturk raised “very substantial” and “very significant” claims that her First Amendment and due process rights were violated when she was taken into custody following the revocation of her student visa in March.

“Her continued detention cannot stand,” he said.

Not that it should matter — because it doesn’t — but at least with many of the other people the administration has targeted, they could craft some sort of (absurd) rationale for why they did what they did. Here there was none. Just that she once co-authored a fairly benign op-ed.

Let’s be clear about what happened here: A Fulbright scholar wrote something that made someone in the administration sad, and their response was to send masked men to make her disappear. Cool system we’ve got! Very normal democracy stuff. America. Land of the free.

Everything about how they treated her was cruel and unusual. Obviously, punishing her for her speech is a blatant First Amendment violation. But even if the government wanted to argue that she was no longer welcome in this country (which is absurd, given that she’s a Fulbright scholar doing really useful child development work, including how to make sure kids have more prosocial uses of the internet and technology), they could have alerted her that her student visa was being revoked, and given her a time period in which she’d need to leave the country.

They didn’t do that. They just sent masked, non-uniformed people to kidnap her off the street. Then they quickly moved her out of Massachusetts to Vermont, and then from Vermont to Louisiana. Then, while detained in Louisiana, they refused to give her the asthma medication she relied on, and it was reported that the stress was causing regular and dangerous asthma attacks.

Just to recap: Write op-ed → get black-bagged by unidentified agents → get shuffled across multiple states → be denied life-saving medication. Is this the “efficient government processing” DOGE has been promising?

Earlier today, federal district court Judge William Sessions ruled that she was unlawfully detained and needed to be released immediately on her own recognizance. On top of that, Judge Sessions rejected the government’s demand that her travel be restricted if she was released.

During the hearing today, Ozturk testified remotely (via Zoom) and told her story, which revealed that she seems like exactly the kind of serious, thoughtful, caring student the US should want more of here. After she was done testifying, when another witness was testifying, Ozturk had to be excused as she was hit with another asthma attack.

The US government barely put up a fight. It was almost as if the DOJ lawyers knew they fucked up badly in this case. They didn’t admit to fucking up, but they did little to present a case. No witnesses. Barely any questioning of the other side. When they presented their side, they basically presented silly technical legal arguments that the Vermont court doesn’t have jurisdiction over Ozturk.

Nothing says “we’re on solid legal ground” quite like arguing that the court can’t determine whether your kidnapping was legal because you cleverly moved your victim to a different state. Checkmate, due process!

The judge then ruled from the bench that even though there’s a very high bar with a “difficult burden” to reach to have her ordered released, in Ozturk’s case she cleared that high bar. He directly called out that, despite having the opportunity to present more evidence, the DOJ only had the co-authored op-ed, which raised serious First Amendment issues, saying that it appears that Ozturk was detained for her protected expression.

He also called out the due process issues with her kidnapping appearing to be punitive, rather than for any legitimate reason. Add to that the asthma attacks and the horrific and cruel conditions in which she has been kept (which would continue to damage her health if unchanged) and he ordered her released immediately.

On top of that, as mentioned, the court rejected the DOJ’s request for travel restrictions, noting that it presented no evidence that Ozturk was a “flight risk,” while Ozturk and her lawyers presented plenty of evidence that she’s a part of the Tufts community and eagerly hoping to finish her PhD there. The judge also noted that, as a PhD student, she likely needs to be able to travel to attend conferences and such.

There are some minor conditions around checking in with the Burlington Center for Justice, which will “supervise” her release and provide reports to the US government.

There will be more in this case later, but this was a complete and total win for Ozturk, who has had to suffer for no good reason for the past six weeks after being kidnapped off the street by the US government for obviously protected speech.

This is a good result in a terrible and shameful event from the current administration.

Not surprisingly, the administration appears to want to continue to be fucking obnoxious about this:

In a statement to NPR, DHS Assistant Secretary Tricia McLaughlin said having a visa to live and study in the U.S. “is a privilege not a right.”

“Today’s ruling does not prevent the continued detention of Ms. Ozturk, and we will continue to fight for the arrest, detention, and removal of aliens who have no right to be in this country,” McLaughlin said.

Seriously: what the fuck? Ozturk was here legally. She had every right to be here and was doing valuable and important work. This kind of defiant response is yet another example of the Trump administration’s constant and willfully obnoxious defiance of the Constitution. Hell, it’s a defiance of just being a good, moral person.

Also, did the DHS spokesperson really just openly defy a federal judge with “today’s ruling does not prevent continued detention”? Because that’s not how this is supposed to work.

And, on that note, I will again highlight that almost none of the usual voices who spent the last decade plus screaming about “free speech on campus” said anything about Ozturk being literally kidnapped by the federal government over her speech on campus. Bari Weiss’s publication put out an unsigned editorial piece complaining that there wasn’t enough public evidence in the case (though suggesting they wouldn’t be surprised to find out that Ozturk “coordinated their activism with Hamas, or encouraged or participated in riots”) but still claiming that Marco Rubio’s statement about taking away visas for op-eds was “common sense.”

Ah yes, “common sense” — that thing where the government can kidnap you for writing an op-ed. Just like the Founding Fathers intended.

Weiss was even able to interview Rubio just a few weeks later, and did ask him a softball question about the deportations (in general) with no follow up:

WEISS:  One of the things the President and you have done in the past 90-something days – it feels like it’s been a lot longer than that – (laughter) – has been to successfully – I cannot even imagine how long it’s felt for you – has been to successfully close the southern border.  And yet, that story has been just totally overtaken with the story of some of these individual deportations that have captured the national conversation and that many people, even people that voted for Trump, are opposed to.

And so I want to just ask you a bigger question, which is:  What message is the President trying to send with these deportations?  There’s – is it about deterring people from coming?  Or is it about terrifying people that have been here for years, that have paid taxes for many, many years, and might even have American children?  Should they be scared of deportation?  Like what is the message that the President and the State Department is trying to send?

SECRETARY RUBIO:  Well, so two things.  The State Department isn’t involved necessarily in the issue of migratory enforcement.  We’re involved in making sure that foreign countries take back the citizens that are in our country illegally of their countries.  So I would say two things.

Number one, mass migration is almost entirely based on an incentive system.  People were coming to this country under Joe Biden because they knew if they got to the border and claimed asylum, said these magic words, they would be allowed to come in and they would be allowed to stay – almost 90 percent success rate if you said the magic words, so people were coming.

Now they know that if they come they won’t get to stay, and they’ve stopped coming, which is why it’s the most secure border we’ve had in modern history.  And in fact, we’ve seen a new phenomenon, which is people that were on their way here sort of do a U-turn and go back.  We’ve seen that play out.  And that’s an enormous achievement, because it stops the problem.

That still leaves us with a fundamental challenge, and that is that we have in this country millions of people – some who have been here many years, some who have been here for a year and a half or two – who are unlawfully in the United States.  And it’s this simple:  If you say the speed zone is 70 miles an hour, but people know they’re not going to get a ticket unless they go 90 miles an hour, no one’s going to drive under the speed limit.  You have to have laws, and laws have to be enforced.  If you don’t enforce your laws, then your laws become meaningless.  And that’s what’s happened in this country over the last 20 years.  We were not enforcing our immigration laws, and now we are.

Obviously, they’re going to prioritize the most dangerous people, dangerous criminals.  If you look at the manifest of these flights of people that are being deported, these are some of the most vile human beings imaginable that we’re getting out of our country – sex offenders, rapists, killers.  That’s who we’re prioritizing being sent out.

But let there be no doubt we have immigration laws, and if you are in violation of those immigration laws, you have no right to be in the country.  Now, some will choose to leave voluntarily; others may get caught up and be forced to leave.  But we are – they are prioritizing the most dangerous.

But that said, you have to have – there’s no point in having immigration laws if you have no intent to enforce them.

WEISS:  Okay, let’s talk about Iran.

Yeah, top-notch journalism there. You ask a general question that lets him dance around. He even claims (falsely) that the US wasn’t enforcing immigration laws before, and also that they’re prioritizing “the most vile human beings imaginable.” That’s a perfect opening to ask about cases like Ozturk. Who is not vile. Is not a criminal. Was here legally. And was kidnapped for her speech.

But, no, “let’s talk about Iran.”

The hypocrisy is blindingly obvious. The same people who built careers defending the right of provocateurs to speak on campus are suddenly silent when a student is literally disappeared by the government for co-writing a mild op-ed. Their selective outrage reveals that for many self-proclaimed “free speech warriors,” the principle was never about free expression — it was about protecting specific political viewpoints.

How about we talk about the person who was here entirely legally, who did nothing wrong, was a Fulbright scholar studying how to make kids use the internet better, and who co-authored a single op-ed gently criticizing the Tufts administration (not the US government) and was kidnapped by masked federal officials (not in uniform) in broad daylight, and then renditioned across the country, then treated cruelly and inhumanely, putting her own health at risk.

Thankfully, Ozturk should now be free, but it was not with any help from some of the people who built their careers claiming to support free speech on campus.

The Ozturk case may be just one example of many, but it was an important test case for whether this administration could get away with explicitly punishing even the most mild speech it doesn’t like through extrajudicial means. Today, at least, the answer was no — but the fact that they’ve been doing this to hundreds of people should terrify everyone who claims to care about constitutional rights.


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In an unprecedented move, the U.S. Department of Treasury and the U.S. Department of Homeland Security (DHS) recently reached an agreement allowing the IRS to share with Immigration and Customs Enforcement (ICE) taxpayer information of certain immigrants. The redacted 15-page memorandum of understanding (MOU) was exposed in a court case, Centro de Trabajadores Unidos v. Bessent, which seeks to prevent the IRS from unauthorized disclosure of taxpayer information for immigration enforcement purposes. Weaponizing government data vital to the functioning and funding of public goods and services by repurposing it for law enforcement and surveillance is an affront to a democratic society. In addition to the human rights abuses this data-sharing agreement empowers, this move threatens to erode trust in public institutions in ways that could bear consequences for decades.

Specifically, the government justifies the MOU by citing Executive Order 14161, which was issued on January 20, 2025. The Executive Order directs the heads of several agencies, including DHS, to identify and remove individuals unlawfully present in the country. Making several leaps, the MOU states that DHS has identified “numerous” individuals who are unlawfully present and have final orders of removal, and that each of these individuals is “under criminal investigation” for violation of federal law—namely, “failure to depart” the country under 8 U.S.C. § 1253(a)(1). The MOU uses this basis for the IRS disclosing to ICE taxpayer information that is otherwise confidential under the tax code.

In practice, this new data-sharing process works like this: ICE makes a request for an individual’s name and address, taxable periods for which the return information pertains, the federal criminal statute being investigated, and reasons why disclosure of this information is relevant to the criminal investigation. Once the IRS receives this request from ICE, the agency reviews it to determine whether it falls under an exception to the statutory authority requiring confidentiality and provides an explanation if the request cannot be processed.

But there are two big reasons why this MOU fails to pass muster.

First, as the NYU Tax Law Center identified:

“While the MOU references criminal investigations, DHS recently reportedly told IRS officials that ‘they would hope to use tax information to help deport as many as seven million people.’ That is far more people than the government could plausibly investigate, or who are plausibly subject to criminal immigration penalties, and suggests DHS’s actual reason for pursuing the tax data is to locate people for civil deportation, making any ‘criminal investigation’ a false pretext to get around the law.”

Second, it’s unclear how the IRS would verify the accuracy of ICE’s requests. Recent events have demonstrated that ICE’s deportation mandate trumps all else—with ICE obfuscating, ignoring, or outright lying about how they conduct their operations and who they target. While ICE has fueled narratives about deporting “criminals” to a notorious El Salvador prison, reports have repeatedly shown that most of those deported had no criminal histories. ICE has even arrested U.S. citizens based on erroneous information and blatant racial profiling. But ICE’s lack of accuracy isn’t new—in fact, a recent settlement in the case Gonzalez v. ICE bars ICE from relying on its network of erroneous databases to issue detainer requests. In that case, EFF filed an amicus brief identifying the dizzying array of ICE’s interconnected databases, many of which were out of date and incomplete and yet were still relied upon to deprive people of their liberty.

In the wake of the MOU’s signing, several top IRS officials have resigned. For decades, the agency expressed interest in only collecting tax revenue and promised to keep that information confidential. Undocumented immigrants were encouraged to file taxes, despite being unable to reap benefits like Social Security because of their status. Many did, often because any promise of a future pathway to legalizing their immigration status hinged on having fulfilled their tax obligations. Others did because as part of mixed-status families, they were able to claim certain tax benefits for their U.S. citizen children. The MOU weaponizes that trust and puts immigrants in an impossible situation—either fail to comply with tax law or risk facing deportation if their tax data ends up in ICE’s clutches.

This MOU is also sure to have a financial impact. In 2023, it was estimated that undocumented immigrants contributed $66 billion in federal and payroll taxes alone. Experts anticipate that due to the data-sharing agreement, fewer undocumented immigrants will file taxes, resulting in over $313 billion in lost tax revenue over 10 years.

This move by the federal government not only betrays taxpayers and erodes vital trust in necessary civic institutions—it also reminds us of how little we have learned from U.S. history. After all, it was a piece of legislation passed in a time of emergency, the Second War Powers Act, that included the provision that allowed once-protected census data to assist in the incarceration of Japanese Americans during World War II. As the White House wrote in a report on big data in 2014, “At its core, public-sector use of big data heightens concerns about the balance of power between government and the individual. Once information about citizens is compiled for a defined purpose, the temptation to use it for other purposes can be considerable.” Rather than heeding this caution, this data-sharing agreement seeks to exploit it. This is yet another attempt by the current administration to sweep up and disclose large amounts of sensitive and confidential data. Courts must put a stop to these efforts to destroy data privacy, especially for vulnerable groups.

Originally posted to the EFF’s Deeplinks blog.


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Oh, so we’re still doing this, huh. Despite pretty much every effort of this type being rejected by courts as, shall we say, constitutionally-improbable, legislators continue to believe that cops should be protected from the people they serve by laws that allow them to violate the rights of the people they serve.

Here’s the latest effort. Fortunately, even if passed, its effect is limited to residents of Long Island, who are probably used to this sort of marginalization.

Nassau County lawmakers want to make it illegal to stand within 15 feet of cops and other emergency workers — but critics say the “buffer zone” would be unconstitutional.

Civilians who enter the “zone” for police, firefighters and other first responders during an emergency would be slapped with a misdemeanor and a $1,000 fine — with the possibility of up to a year behind bars, according to a new bill introduced by Republicans in the county Board of Legislators.

I appreciate this depth of reporting from the New York Post, the cop-friendliest publication in the city. It went so far as to note the bill was introduced by Republicans, which is helpful, if unnecessary. Of course it was introduced by Republicans. This is the sort of thing they do when they can’t get a book ban bill into committee.

It’s a hobby. It’s fun for hobbyists and annoying for everyone else. I may enjoy the sound of piercing guitar feedback in my music but I’m not asking for a minimum feedback-per-minute rate over government-funded airwaves. Nassau County Republicans may desire to free cops from the constant menace of being recorded while engaged in their public service efforts, but that’s the sort of kink that should stay within the walls of their domiciles, rather than splattered across the legislative docket like it’s actually a serious bit of lawmaking.

Supporters of the bill claim this will protect “emergency responders” from threats, harassment, and interference. And yet, supporters can’t explain why it’s always cops complaining about this sort of thing while their “emergency responder” brethren are always given the time, space, and opportunity to render their public services.

Three guesses and two of them wrong will lead you to the only conclusion: the cops like to work in the shadows where they can do they stuff they want to do without worrying about being caught doing it. The other responders actually just want to help people.

Besides, there’s already a law on the books that does what this law does — one that covers cops, even when they’re pretending to be “first responders.”

State law already punishes people who interfere with first responders with up to a year in jail, three years of probation, or a $1,000 fine.

So, despite the misuse of the phrase “emergency responder,” this bill is all about cops. It only wants cops to have a moving 15-foot halo in which to do their cop business, which generally isn’t being the first wave of emergency response. And because it’s a moving halo, all a cop has to do to generate a violation is move closer to the person they want to arrest for violating the law.

It’s a garbage proposal and hopefully it will die a quick death when offered up for a vote. But we know how politicians love cops, even when their love has been proven irrational time and time again. This is a special right just for law enforcement officers that’s had the usual “first responder” gloss applied to it. This sort of thing has rarely fooled courts. If it’s signed into law, there’s little chance this one will be the one that finally convinces a court cops should be considered more equal than others.


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