#FCC

[destielmemenews]

source 1

source 2

[smorzinc]

the government pinged @everyone

[mostlysignssomeportents]

How to shatter the class solidarity of the ruling class

I'm touring my new, nationally bestselling novel The Bezzle! Catch me WEDNESDAY (Apr 11) at UCLA, then Chicago (Apr 17), Torino (Apr 21) Marin County (Apr 27), Winnipeg (May 2), Calgary (May 3), Vancouver (May 4), and beyond!

Audre Lorde counsels us that "The Master's Tools Will Never Dismantle the Master's House," while MLK said "the law cannot make a man love me, but it can restrain him from lynching me." Somewhere between replacing the system and using the system lies a pragmatic – if easily derailed – course.

Lorde is telling us that a rotten system can't be redeemed by using its own chosen reform mechanisms. King's telling us that unless we live, we can't fight – so anything within the system that makes it easier for your comrades to fight on can hasten the end of the system.

Take the problems of journalism. One old model of journalism funding involved wealthy newspaper families profiting handsomely by selling local appliance store owners the right to reach the townspeople who wanted to read sports-scores. These families expressed their patrician love of their town by peeling off some of those profits to pay reporters to sit through municipal council meetings or even travel overseas and get shot at.

In retrospect, this wasn't ever going to be a stable arrangement. It relied on both the inconstant generosity of newspaper barons and the absence of a superior way to show washing-machine ads to people who might want to buy washing machines. Neither of these were good long-term bets. Not only were newspaper barons easily distracted from their sense of patrician duty (especially when their own power was called into question), but there were lots of better ways to connect buyers and sellers lurking in potentia.

All of this was grossly exacerbated by tech monopolies. Tech barons aren't smarter or more evil than newspaper barons, but they have better tools, and so now they take 51 cents out of every ad dollar and 30 cents out of ever subscriber dollar and they refuse to deliver the news to users who explicitly requested it, unless the news company pays them a bribe to "boost" their posts:

https://www.eff.org/deeplinks/2023/04/saving-news-big-tech

The news is important, and people sign up to make, digest, and discuss the news for many non-economic reasons, which means that the news continues to struggle along, despite all the economic impediments and the vulture capitalists and tech monopolists who fight one another for which one will get to take the biggest bite out of the press. We've got outstanding nonprofit news outlets like Propublica, journalist-owned outlets like 404 Media, and crowdfunded reporters like Molly White (and winner-take-all outlets like the New York Times).

But as Hamilton Nolan points out, "that pot of money…is only large enough to produce a small fraction of the journalism that was being produced in past generations":

https://www.hamiltonnolan.com/p/what-will-replace-advertising-revenue

For Nolan, "public funding of journalism is the only way to fix this…If we accept that journalism is not just a business or a form of entertainment but a public good, then funding it with public money makes perfect sense":

https://www.hamiltonnolan.com/p/public-funding-of-journalism-is-the

Having grown up in Canada – under the CBC – and then lived for a quarter of my life in the UK – under the BBC – I am very enthusiastic about Nolan's solution. There are obvious problems with publicly funded journalism, like the politicization of news coverage:

https://www.theguardian.com/media/2023/jan/24/panel-approving-richard-sharp-as-bbc-chair-included-tory-party-donor

And the transformation of the funding into a cheap political football:

https://www.cbc.ca/news/politics/poilievre-defund-cbc-change-law-1.6810434

But the worst version of those problems is still better than the best version of the private-equity-funded model of news production.

But Nolan notes the emergence of a new form of hedge fund news, one that is awfully promising, and also terribly fraught: Hunterbrook Media, an investigative news outlet owned by short-sellers who pay journalists to research and publish damning reports on companies they hold a short position on:

https://hntrbrk.com/

For those of you who are blissfully distant from the machinations of the financial markets, "short selling" is a wager that a company's stock price will go down. A gambler who takes a short position on a company's stock can make a lot of money if the company stumbles or fails altogether (but if the company does well, the short can suffer literally unlimited losses).

Shorts have historically paid analysts to dig into companies and uncover the sins hidden on their balance-sheets, but as Matt Levine points out, journalists work for a fraction of the price of analysts and are at least as good at uncovering dirt as MBAs are:

https://www.bloomberg.com/opinion/articles/2024-04-02/a-hedge-fund-that-s-also-a-newspaper

What's more, shorts who discover dirt on a company still need to convince journalists to publicize their findings and trigger the sell-off that makes their short position pay off. Shorts who own a muckraking journalistic operation can skip this step: they are the journalists.

There's a way in which this is sheer genius. Well-funded shorts who don't care about the news per se can still be motivated into funding freely available, high-quality investigative journalism about corporate malfeasance (notoriously, one of the least attractive forms of journalism for advertisers). They can pay journalists top dollar – even bid against each other for the most talented journalists – and supply them with all the tools they need to ply their trade. A short won't ever try the kind of bullshit the owners of Vice pulled, paying themselves millions while their journalists lose access to Lexisnexis or the PACER database:

https://pluralistic.net/2024/02/24/anti-posse/#when-you-absolutely-positively-dont-give-a-solitary-single-fuck

The shorts whose journalists are best equipped stand to make the most money. What's not to like?

Well, the issue here is whether the ruling class's sense of solidarity is stronger than its greed. The wealthy have historically oscillated between real solidarity (think of the ultrawealthy lobbying to support bipartisan votes for tax cuts and bailouts) and "war of all against all" (as when wealthy colonizers dragged their countries into WWI after the supply of countries to steal ran out).

After all, the reason companies engage in the scams that shorts reveal is that they are profitable. "Behind every great fortune is a great crime," and that's just great. You don't win the game when you get into heaven, you win it when you get into the Forbes Rich List.

Take monopolies: investors like the upside of backing an upstart company that gobbles up some staid industry's margins – Amazon vs publishing, say, or Uber vs taxis. But while there's a lot of upside in that move, there's also a lot of risk: most companies that set out to "disrupt" an industry sink, taking their investors' capital down with them.

Contrast that with monopolies: backing a company that merges with its rivals and buys every small company that might someday grow large is a sure thing. Shriven of "wasteful competition," a company can lower quality, raise prices, capture its regulators, screw its workers and suppliers and laugh all the way to Davos. A big enough company can ignore the complaints of those workers, customers and regulators. They're not just too big to fail. They're not just too big to jail. They're too big to care:

https://pluralistic.net/2024/04/04/teach-me-how-to-shruggie/#kagi

Would-be monopolists are stuck in a high-stakes Prisoner's Dilemma. If they cooperate, they can screw over everyone else and get unimaginably rich. But if one party defects, they can raid the monopolist's margins, short its stock, and snitch to its regulators.

It's true that there's a clear incentive for hedge-fund managers to fund investigative journalism into other hedge-fund managers' portfolio companies. But it would be even more profitable for both of those hedgies to join forces and collude to screw the rest of us over. So long as they mistrust each other, we might see some benefit from that adversarial relationship. But the point of the 0.1% is that there aren't very many of them. The Aspen Institute can rent a hall that will hold an appreciable fraction of that crowd. They buy their private jets and bespoke suits and powdered rhino horn from the same exclusive sellers. Their kids go to the same elite schools. They know each other, and they have every opportunity to get drunk together at a charity ball or a society wedding and cook up a plan to join forces.

This is the problem at the core of "mechanism design" grounded in "rational self-interest." If you try to create a system where people do the right thing because they're selfish assholes, you normalize being a selfish asshole. Eventually, the selfish assholes form a cozy little League of Selfish Assholes and turn on the rest of us.

Appeals to morality don't work on unethical people, but appeals to immorality crowds out ethics. Take the ancient split between "free software" (software that is designed to maximize the freedom of the people who use it) and "open source software" (identical to free software, but promoted as a better way to make robust code through transparency and peer review).

Over the years, open source – an appeal to your own selfish need for better code – triumphed over free software, and its appeal to the ethics of a world of "software freedom." But it turns out that while the difference between "open" and "free" was once mere semantics, it's fully possible to decouple the two. Today, we have lots of "open source": you can see the code that Google, Microsoft, Apple and Facebook uses, and even contribute your labor to it for free. But you can't actually decide how the software you write works, because it all takes a loop through Google, Microsoft, Apple or Facebook's servers, and only those trillion-dollar tech monopolists have the software freedom to determine how those servers work:

https://pluralistic.net/2020/05/04/which-side-are-you-on/#tivoization-and-beyond

That's ruling class solidarity. The Big Tech firms have hidden a myriad of sins beneath their bafflegab and balance-sheets. These (as yet) undiscovered scams constitute a "bezzle," which JK Galbraith defined as "the magic interval when a confidence trickster knows he has the money he has appropriated but the victim does not yet understand that he has lost it."

The purpose of Hunterbrook is to discover and destroy bezzles, hastening the moment of realization that the wealth we all feel in a world of seemingly orderly technology is really an illusion. Hunterbrook certainly has its pick of bezzles to choose from, because we are living in a Golden Age of the Bezzle.

Which is why I titled my new novel The Bezzle. It's a tale of high-tech finance scams, starring my two-fisted forensic accountant Marty Hench, and in this volume, Hench is called upon to unwind a predatory prison-tech scam that victimizes the most vulnerable people in America – our army of prisoners – and their families:

https://us.macmillan.com/books/9781250865878/thebezzle

The scheme I fictionalize in The Bezzle is very real. Prison-tech monopolists like Securus and Viapath bribe prison officials to abolish calls, in-person visits, mail and parcels, then they supply prisoners with "free" tablets where they pay hugely inflated rates to receive mail, speak to their families, and access ebooks, distance education and other electronic media:

https://pluralistic.net/2024/04/02/captive-customers/#guillotine-watch

But a group of activists have cornered these high-tech predators, run them to ground and driven them to the brink of extinction, and they've done it using "the master's tools" – with appeals to regulators and the finance sector itself.

Writing for The Appeal, Dana Floberg and Morgan Duckett describe the campaign they waged with Worth Rises to bankrupt the prison-tech sector:

https://theappeal.org/securus-bankruptcy-prison-telecom-industry/

Here's the headline figure: Securus is $1.8 billion in debt, and it has eight months to find a financier or it will go bust. What's more, all the creditors it might reasonably approach have rejected its overtures, and its bonds have been downrated to junk status. It's a dead duck.

Even better is how this happened. Securus's debt problems started with its acquisition, a leveraged buyout by Platinum Equity, who borrowed heavily against the firm and then looted it with bogus "management fees" that meant that the debt continued to grow, despite Securus's $700m in annual revenue from America's prisoners. Platinum was just the last in a long line of PE companies that loaded up Securus with debt and merged it with its competitors, who were also mortgaged to make profits for other private equity funds.

For years, Securus and Platinum were able to service their debt and roll it over when it came due. But after Worth Rises got NYC to pass a law making jail calls free, creditors started to back away from Securus. It's one thing for Securus to charge $18 for a local call from a prison when it's splitting the money with the city jail system. But when that $18 needs to be paid by the city, they're going to demand much lower prices. To make things worse for Securus, prison reformers got similar laws passed in San Francisco and in Connecticut.

Securus tried to outrun its problems by gobbling up one of its major rivals, Icsolutions, but Worth Rises and its coalition convinced regulators at the FCC to block the merger. Securus abandoned the deal:

https://worthrises.org/blogpost/securusmerger

Then, Worth Rises targeted Platinum Equity, going after the pension funds and other investors whose capital Platinum used to keep Securus going. The massive negative press campaign led to eight-figure disinvestments:

https://www.latimes.com/business/story/2019-09-05/la-fi-tom-gores-securus-prison-phone-mass-incarceration

Now, Securus's debt became "distressed," trading at $0.47 on the dollar. A brief, covid-fueled reprieve gave Securus a temporary lifeline, as prisoners' families were barred from in-person visits and had to pay Securus's rates to talk to their incarcerated loved ones. But after lockdown, Securus's troubles picked up right where they left off.

They targeted Platinum's founder, Tom Gores, who papered over his bloody fortune by styling himself as a philanthropist and sports-team owner. After a campaign by Worth Rises and Color of Change, Gores was kicked off the Los Angeles County Museum of Art board. When Gores tried to flip Securus to a SPAC – the same scam Trump pulled with Truth Social – the negative publicity about Securus's unsound morals and financials killed the deal:

https://twitter.com/WorthRises/status/1578034977828384769

Meanwhile, more states and cities are making prisoners' communications free, further worsening Securus's finances:

https://pluralistic.net/2024/02/14/minnesota-nice/#shitty-technology-adoption-curve

Congress passed the Martha Wright-Reed Just and Reasonable Communications Act, giving the FCC the power to regulate the price of federal prisoners' communications. Securus's debt prices tumbled further:

https://www.govtrack.us/congress/bills/117/s1541

Securus's debts were coming due: it owes $1.3b in 2024, and hundreds of millions more in 2025. Platinum has promised a $400m cash infusion, but that didn't sway S&P Global, a bond-rating agency that re-rated Securus's bonds as "CCC" (compare with "AAA"). Moody's concurred. Now, Securus is stuck selling junk-bonds:

https://www.govtrack.us/congress/bills/117/s1541

The company's creditors have given Securus an eight-month runway to find a new lender before they force it into bankruptcy. The company's debt is trading at $0.08 on the dollar.

Securus's major competitor is Viapath (prison tech is a duopoly). Viapath is also debt-burdened and desperate, thanks to a parallel campaign by Worth Rises, and has tried all of Securus's tricks, and failed:

https://pestakeholder.org/news/american-securities-fails-to-sell-prison-telecom-company-viapath/

Viapath's debts are due next year, and if Securus tanks, no one in their right mind will give Viapath a dime. They're the walking dead.

Worth Rise's brilliant guerrilla warfare against prison-tech and its private equity backers are a master class in using the master's tools to dismantle the master's house. The finance sector isn't a friend of justice or working people, but sometimes it can be used tactically against financialization itself. To paraphrase MLK, "finance can't make a corporation love you, but it can stop a corporation from destroying you."

Yes, the ruling class finds solidarity at the most unexpected moments, and yes, it's easy for appeals to greed to institutionalize greediness. But whether it's funding unbezzling journalism through short selling, or freeing prisons by brandishing their cooked balance-sheets in the faces of bond-rating agencies, there's a lot of good we can do on the way to dismantling the system.

If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2024/04/08/money-talks/#bullshit-walks

Image: KMJ (modified) https://commons.wikimedia.org/wiki/File:Boerse_01_KMJ.jpg

CC BY-SA 3.0 https://creativecommons.org/licenses/by-sa/3.0/deed.en

[feralfication]

Would have made the sound louder, didn't even play at the right time, might have been more exiting in a public setting but tbh overhyped 5/10

[vulturereyy]

[simply-ivanka]

CBS admits 'deceitfully editing' the Kamala Harris 60 Minutes interview

CBS IS FAKE NEWS

Pull their broadcasting license!

[reasonsforhope]

We’ve just taken a major step toward cleaning up space junk.

On Monday, October 2, the Federal Communications Commission (FCC) in the US issued its first fine for space debris, ordering the US TV provider Dish to pay $150,000 for failing to move one of its satellites into a safe orbit. 

“It is definitely a very big symbolic moment for debris mitigation,” says Michelle Hanlon, a space lawyer at the University of Mississippi. “It’s a great step in the right direction.”

But it might be more than just a symbolic gesture by the FCC. Not only does it set a precedent for tackling bad actors who leave dangerous junk orbiting Earth, but it could send shock waves through the industry as other satellite operators become wary of having their reputation tarnished. While the $150,000 FCC fine was modest, Dish’s share price fell by nearly 4% immediately following its announcement, pushing the company’s $3 billion valuation down about $100 million.

The FCC’s action could also help breathe new life into the still-small market for commercial removal of space debris, essentially setting a price—$150,000—for companies such as Astroscale in Japan and ClearSpace in Switzerland to aim for in providing services that use smaller spacecraft to sidle up to dead satellites or rockets and pull them back into the atmosphere...

Another hope is that the FCC’s fine will encourage other countries to follow suit with their own enforcement actions on space junk. “It sends a message out of America taking leadership in this area,” says Newman. “This is starting the ball rolling.”

Today there are more than 8,000 active satellites, nearly 2,000 dead satellites, and hundreds of empty rockets orbiting Earth. Managing these objects and preventing collisions is a huge task, and one that is becoming increasingly difficult as the number of satellites grows rapidly. The worsening situation is largely due to mega-constellations of hundreds or thousands of satellites from companies like SpaceX and Amazon, designed to beam the internet to any corner of the globe...

Hanlon says there are further measures that could be taken to discourage companies from failing to dispose of satellites properly. “Honestly, I would love to see that if you don’t meet your license requirements, you’re banned from launching for a number of years,” she says. “If you’re driving under the influence you can have your license revoked. These are the kinds of measures we need to see.”

Chris Johnson, a space law advisor at the Secure World Foundation in the US, says the loss of reputation for Dish about the satellite situation might be worse than any fine it could have received. “They promised to remove it and they didn’t,” he says. “It’s like the first operator of a car to get a speeding ticket.”

The fall in the company’s share price appears to be indicative of that reputational damage. The fine may not have been as severe as it could have been, but the FCC’s actions can be seen as a warning to other companies to tackle space junk. “This is going to be on their record and their reputation,” says Johnson. “It’s not trivial.”

-via MIT Technology Review, October 5, 2023

Always nice to see steps taken to tackle a problem BEFORE it causes incredibly massive issues

[mindblowingscience]

More than 3,600 chemicals used in food packaging or preparation have been detected in human bodies, some of which are hazardous to health, while little is known about others, a study published on Tuesday said. Around 100 of these chemicals are considered to be of "high concern" to human health, said lead study author Birgit Geueke from the Food Packaging Forum Foundation, a Zurich-based NGO. Some of these chemicals are relatively well-studied and have already been found in human bodies, such as PFAS and bisphenol A – both of which are the target of bans.

Continue Reading.

[starryneitz]

[little-pondhead]

[shybiii]

[renthony]

Nov. 19, 2024:

America’s culture wars are not usually waged at the Federal Communications Commission. With rare exceptions — like net neutrality — the New Deal-era agency stays out of the headlines, while focusing on issues like rural broadband access and stopping spam calls. But that will change come January, when Brendan Carr becomes chairman of the agency under President Trump. Observers expect he will use the FCC as a platform to bash the media and tech for silencing conservative views. “You’re going to see Carr amplify whatever media grievance Trump has,” says Tim Hanlon, CEO of the Vertere Group, a consulting firm. “He’s going to be a loud mouthpiece.”

Read the rest via Variety.

[mostlysignssomeportents]

FCC strikes a blow against prison profiteering

TOMORROW NIGHT (July 20), I'm appearing in CHICAGO at Exile in Bookville.

Here's a tip for policymakers hoping to improve the lives of the most Americans with the least effort: help prisoners.

After all, America is the most prolific imprisoner of its own people of any country in world history. We lock up more people than Stalin, than Mao, more than Botha, de Klerk or any other Apartheid-era South African president. And it's not just America's vast army of the incarcerated who are afflicted by our passion for imprisonment: their families and friends suffer, too.

That familial suffering isn't merely the constant pain of life without a loved one, either. America's prison profiteers treat prisoners' families as ATMs who can be made to pay and pay and pay.

This may seem like a losing strategy. After all, prison sentences are strongly correlated with poverty, and even if your family wasn't desperate before the state kidnapped one of its number and locked them behind bars, that loved one's legal defense and the loss of their income is a reliable predictor of downward social mobility.

Decent people don't view poor people as a source of riches. But for a certain kind of depraved sadist, the poor are an irresistible target. Sure, poor people don't have much money, but what they lack even more is protection under the law ("conservativism consists of the principle that there is an in-group whom the law protects but does not bind, and an out-group whom the law binds but does not protect" -Wilhoit). You can enjoy total impunity as you torment poor people, make them so miserable and afraid for their lives and safety that they will find some money, somewhere, and give it to you.

Mexican cartels understand this. They do a brisk trade in kidnapping asylum seekers whom the US has illegally forced to wait in Mexico to have their claims processed. The families of refugees – either in their home countries or in the USA – are typically badly off but they understand that Mexico will not lift a finger to protect a kidnapped refugee, and so when the kidnappers threaten the most grisly tortures as a means of extracting ransom, those desperate family members do whatever it takes to scrape up the blood-money.

What's more, the families of asylum seekers are not much better off than their kidnapped loved ones when it comes to seeking official protection. Family members who stayed behind in human rights hellholes like Bukele's El Salvador can't get their government to lodge official complaints with the Mexican ambassador, and family members who made it to the USA are in no position to get their Congressjerk to intercede with ICE or the Mexican consulate. This gives Mexico's crime syndicates total latitude to kidnap, torture, and grow rich by targeting the poorest, most desperate people in the world.

The private contractors that supply services to America's prisons are basically Mexican refugee-kidnappers with pretensions and shares listed on the NYSE. After decades of consolidation, the prison contracting sector has shrunk to two gigantic companies: Securus and Viapath (formerly Global Tellink). These private-equity backed behemoths dominate their sector, and have diversified, providing all kinds of services, from prison cafeteria meals to commissary, the prison stores where prisoners can buy food and other items.

If you're following closely, this is one of those places where the hair on the back of your neck starts to rise. These companies make money when prisoners buy food from the commissary, and they're also in charge of the quality of the food in the mess hall. If the food in the mess hall is adequate and nutritious, there's no reason to buy food from the commissary.

This is what economists call a "moral hazard." You can think of it as the reason that prison ramen costs 300% more than ramen in the free world:

https://pluralistic.net/2024/04/20/captive-market/#locked-in

(Not just ramen: in America's sweltering prisons, an 8" fan costs $40, and the price of water went up in Texas prisons by 50% during last summer's heatwave.)

It's actually worse than that: if you get sick from eating bad prison food, the same company that poisoned you gets paid to operate the infirmary where you're treated:

https://theappeal.org/massachusetts-prisons-wellpath-dentures-teeth/

Now, the scam of abusing prisoners to extract desperate pennies from their families is hardly new. There's written records of this stretching back to the middle ages. Nor is this pattern a unique one: making an unavoidable situation as miserable as possible and then upcharging people who have the ability to pay to get free of the torture is basically how the airlines work. Making coach as miserable as possible isn't merely about shaving pennies by shaving inches off your legroom: it's a way to "incentivize" anyone who can afford it to pay for an upgrade to business-class. The worse coach is, the more people you can convince to dip into their savings or fight with their boss to move classes. The torments visited upon everyone else in coach are economically valuable to the airlines: their groans and miseries translate directly into windfall profits, by convincing better-off passengers to pay not to have the same thing done to them.

Of course, with rare exceptions (flying to get an organ transplant, say) plane tickets are typically discretionary. Housing, on the other hand, is a human right and a prerequisite for human thriving. The worse things are for tenants, the more debt and privation people will endure to become home-owners, so it follows that making renters worse off makes homeowners richer:

https://pluralistic.net/2021/06/06/the-rents-too-damned-high/

For Securus and Viapath, the path to profitability is to lobby for mandatory, long prison sentences and then make things inside the prison as miserable as possible. Any prisoner whose family can find the funds can escape the worst of it, and all the prisoners who can't afford it serve the economically important function of showing the prisoners whose families can afford it how bad things will be if they don't pay.

If you're thinking that prisoners might pay Securus, Viapath and their competitors out of their own prison earnings, forget it. These companies have decided that the can make more by pocketing the difference between the vast sums paid by third parties for prisoners' labor and the pennies the prisoners get from their work. Remember, the 13th Amendment specifically allows for the enslavement of incarcerated people! Six states ban paying prisoners at all. North Carolina caps prisoners' wages at one dollar per day. The national average prison wage is $0.52/hour. Prisoners' labor produces $11b/year in goods and services:

https://www.dollarsandsense.org/archives/2024/0324bowman.html

Forced labor and extortion are a long and dishonorable tradition in incarceration, but this century saw the introduction of a novel, exciting way of extracting wealth from prisoners and their families. It started when private telcos took over prison telephones and raised the price of a prison phone call. These phone companies found willing collaborators in local jail and prison systems: all they had to do was offer to split the take with the jailers.

With the advent of the internet, things got far worse. Digitalization meant that prisons could replace the library, adult educations, commissary accounts, letter-mail, parcels, in-person visits and phone calls with a single tablet. These cheaply made tablets were offered for free to prisoners, who lost access to everything from their kids' handmade birthday cards to in-person visits with those kids.

In their place, prisoners' families had to pay huge premiums to have their letters scanned so that prisoners could pay (again) to view those scans on their tablets. Instead of in-person visits, prisoners families had to pay $3-10/minute for a janky, postage-stamp sized video. Perversely, jails and prisons replaced their in-person visitation rooms with rooms filled with shitty tablets where family members could sit and videoconference with their incarcerated loved ones who were just a few feet away:

https://pluralistic.net/2024/02/14/minnesota-nice/#shitty-technology-adoption-curve

Capitalists hate capitalism. The capital classes are on a relentless search for markets with captive customers and no competitors. The prison-tech industry was catnip for private equity funds, who bought and "rolled" up prison contractors, concentrating the sector into a duopoly of debt-laden companies whose ability to pay off their leveraged buyouts was contingent on their ability to terrorize prisoners' families into paying for their overpriced, low-quality products and services.

One particularly awful consequence of these rollups was the way that prisoners could lose access to their data when their prison's service-provider was merged with a rival. When that happened, the IT systems would be consolidated, with the frequent outcome that all prisoners' data was lost. Imagine working for two weeks to pay for a song or a book, or a scan of your child's handmade Father's Day card, only to have the file deleted in an IT merger. Now imagine that you're stuck inside for another 20 years.

This is a subject I've followed off and on for years. It's such a perfect bit of end-stage capitalist cruelty, combining mass incarceration with monopolies. Even if you're not imprisoned, this story is haunting, because on the one hand, America keeps thinking of new reasons to put more people behind bars, and on the other hand, every technological nightmare we dream up for prisoners eventually works its way out to the rest of us in a process I call the "shitty technology adoption curve." As William Gibson says, "The future is here, it's just not evenly distributed" – but the future sure pools up thick and dystopian around America's prisoners:

https://pluralistic.net/2021/02/24/gwb-rumsfeld-monsters/#bossware

My background interest in the subject got sharper a few years ago when I started working on The Bezzle, my 2023 high-tech crime thriller about prison-tech grifters:

https://us.macmillan.com/books/9781250865878/thebezzle

One of the things that was on my mind when I got to work on that book was the 2017 court-case that killed the FCC's rules limit interstate prison-call gouging. The FCC could have won that case, but Trump's FCC chairman, Ajit Pai, dropped it:

https://arstechnica.com/tech-policy/2017/06/prisoners-lose-again-as-court-wipes-out-inmate-calling-price-caps/

With that bad precedent on the books, the only hope prisoners had for relief from the FCC was for Congress to enact legislation specifically granting the agency the power to regulate prison telephony. Incredibly, Congress did just that, with Biden signing the "Martha Wright-Reed Just and Reasonable Communications Act" in early 2023:

https://www.congress.gov/bill/117th-congress/senate-bill/1541/text

With the new law in place, it fell to the FCC use those newfound powers. Compared to agencies like the FTC and the NLRB, Biden's FCC has been relatively weak, thanks in large part to the Biden administration's refusal to defend its FCC nomination for Gigi Sohn, a brilliant and accomplished telecoms expert. You can tell that Sohn would have been a brilliant FCC commissioner because of the way that America's telco monopolists and their allies in the senate (mostly Republicans, but some Democrats, too) went on an all-out offensive against her, using the fact that she is gay to smear her and ultimately defeat her nomination:

https://pluralistic.net/2023/03/19/culture-war-bullshit-stole-your-broadband/

But even without Sohn, the FCC has managed to do something genuinely great for America's army of the imprisoned. This week, the FCC voted in price-caps on prison calls, so that call rates will drop from $11.35 for 15 minutes to just $0.90. Both interstate and intrastate calls will be capped at $0.06-0.12/minute, with a phased rollout starting in January:

https://arstechnica.com/tech-policy/2024/07/fcc-closes-final-loopholes-that-keep-prison-phone-prices-exorbitantly-high/

It's hard to imagine a policy that will get more bang for a regulator's buck than this one. Not only does this represent a huge savings for prisoners and their families, those savings are even larger in proportion to their desperate, meager finances.

It shows you how important a competent, qualified regulator is. When it comes to political differences between Republicans and Democrats, regulatory competence is a grossly underrated trait. Trump's FCC Chair Ajit Pai handed out tens of billions of dollars in public money to monopoly carriers to improve telephone networks in underserved areas, but did so without first making accurate maps to tell him where the carriers should invest. As a result, that money was devoured by executive bonuses and publicly financed dividends and millions of Americans entered the pandemic lockdowns with broadband that couldn't support work-from-home or Zoom school. When Biden's FCC chair Jessica Rosenworcel took over, one of her first official acts was to commission a national study and survey of broadband quality. Republicans howled in outrage:

https://pluralistic.net/2023/11/10/digital-redlining/#stop-confusing-the-issue-with-relevant-facts

The telecoms sector has been a rent-seeking, monopolizing monster since the days of Samuel Morse:

https://pluralistic.net/2024/07/18/the-bell-system/#were-the-phone-company-we-dont-have-to-care

Combine telecoms and prisons, and you get a kind of supermonster, the meth-gator of American neofeudalism:

https://www.nbcnews.com/news/us-news/tennessee-police-warn-locals-not-flush-drugs-fear-meth-gators-n1030291

The sector is dirty beyond words, and it corrupts everything it touches – bribing prison officials to throw out all the books in the prison library and replace them with DRM-locked, high-priced ebooks that prisoners must toil for weeks to afford, and that vanish from their devices whenever a prison-tech company merges with a rival:

https://pluralistic.net/2024/04/02/captive-customers/#guillotine-watch

The Biden presidency has been fatally marred by the president's avid support of genocide, and nothing will change that. But for millions of Americans, the Biden administration's policies on telecoms, monopoly, and corporate crime have been a source of profound, lasting improvements.

It's not just presidents who can make this difference. Millions of America's prisoners are rotting in state and county jails, and as California has shown, state governments have broad latitude to kick out prison profiteers:

https://pluralistic.net/2023/05/08/captive-audience/#good-at-their-jobs

Support me this summer on the Clarion Write-A-Thon and help raise money for the Clarion Science Fiction and Fantasy Writers' Workshop!

If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2024/07/19/martha-wright-reed/#capitalists-hate-capitalism

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[justinspoliticalcorner]

Dean Obeidallah at The Dean's Report:

The despicable effort by corporate oligarchs—many of who helped elect Donald Trump—to convince the rest of us to submit to Donald Trump is now in full gear. On Saturday, we saw the jaw-dropping announcement by ABC News—owned by Disney-- that the corporation had agreed to pay Trump $15 million in a bogus defamation lawsuit Trump would have NEVER won. ABC also agreed to publicly apologize and pay Trump’s lawyers $1 million in legal fees. The lawsuit arises from ABC News anchor George Stephanopoulos’s exchange with GOP Rep. Nancy Mace in March when Stephanopoulos pressed Mace on how--as a survivor of sexual assault--she could support Trump given his history of sexual assault. One specific exchange cited by Trump’s lawyers was when Stephanopoulos challenged Mace to explain how she could endorse Trump after “judges and two separate juries have found him liable for rape and for defaming the victim of that rape” in the E. Jean Carrol civil case.

Trump’s defamation lawsuit alleged that Stephanopoulos knew Trump was never find liable of “rape”—only sexual assault—and, thus, had defamed him. But two things here. First, federal judge Lewis Kaplan--who presided over E. Jean Carroll defamation/sexual assault case—in his written opinion stated the jury had in fact determined Trump had “raped” Carroll. Judge Kaplan addressed this when considering Trump’s claim the damage award against him was too high because the jury didn’t find Trump had committed “rape” as narrowly defined by NY penal law. But the judge wrote that based on the evidence, Trump had raped Carroll in the way “many people commonly understand the word ‘rape.’” The Judge added, “Indeed, as the evidence at trial recounted below makes clear, the jury found that Mr. Trump in fact did exactly that.” I make that point as a lawyer who handled defamation cases to note that truth is a valid defense in every defamation case. Judge Kaplan’s opinion is the key to ABC News winning this case.

In addition, ABC News has another very strong defense. In a defamation case involving a public figure like Trump, the plaintiff has an added burden of showing not only that a statement is false but that the comment was made with “actual malice.” That means even if Stephanopoulos was wrong in saying Trump was found liable of “rape,” Trump would need to show Stephanopoulos knew that statement was false when he said that or “consciously chose to recklessly disregard the high probability that” the comment was false. But Stephanopoulos clearly could rely in good faith on Judge Kaplan’s written opinion that the jury had in fact found Trump raped Carroll when making his statement.

This is why Trump would’ve lost this case--as legal experts that focus on defamation told the NY Times. For example, RonNell Andersen Jones, a professor of law at the University of Utah, explained: “Major news organizations have often been very leery of settlements in defamation suits brought by public officials and public figures, both because they fear the dangerous pattern of doing so and because they have the full weight of the First Amendment on their side.” All of that is important to understand that ABC News also knew it would have ultimately prevail in the case--but they settled out of fear. They were bending a knee to Trump because during the campaign, Trump had threatened to take ABC’s broadcast license away after the presidential debate because the moderators fact checked his lies. Trump pointedly declared on Fox News: "They ought to take away their license for the way they did that."

With Trump now a month from being sworn in and his pick to head the Federal Communications Commission being Brendan Carr, an author of the far-right Project 2025, ABC News and other media outlets are fearful of how the Trump regime will target them. As MSNBC’s Ja'han Jones wrote, Carr is the type of “media attack dog” that will enable the GOP to follow the playbook of their beloved Hungarian strongman Viktor Orbán and use the agency to silence critics of Trump. ABC News should have never bent a knee to Trump with this unheard of surrender this early in a case they would’ve won. But they were not alone in capitulating to Trump this week.

[...] However, there is also a fear factor at play here as well.

ABC News made a very stupid decision to bend the knee to autocrat-elect Donald Trump by settling, and that’s because ABC would likely have won their case. They are doing this out of fear of Trump handing out reprisals to outlets even slightly critical of him.

Brian Tyler Cohen: Mainstream Media Opts to Obey

[reality-detective]

HIGHEST IMPORTANCE ‼️

Today or tomorrow The Government Will Vote For The Biden Administration To Take TOTAL CONTROL Of The Internet

President Biden's Plan to Give the Administrative State Effective Control of all Internet Services and Infrastructure in the U.S.

FCC Commissioner, The Joe Biden Administration Has Put Together & Is Planning On Implementing The Most Comprehensive Internet Censorship/ Control Plan In History. The Government Will Assume “Effective Control Of All Internet Services”

Elon musk you definitely need to see this. 👀

The Biden administration has just put forward a plan for digital equity. And it is a plan for all internet services and all infrastructure.

According to FCC Commissioner Carr, President Biden's plan hands the administrative state effective control of all internet services and infrastructure in the country. Never before in the roughly 40-year history of the public internet has the FCC, or any federal agency for that matter, claimed this degree of control over it.

The plan calls for the FCC to apply a far-reaching set of government controls that the agency has not applied to any technology in the modern era.

You got that? This has never been done before. No communication devices have ever had this kind of control suggested by the government, let alone applied.

He went on and said, Congress never contemplated the sweeping regulatory regime that president Biden asked the FCC to adopt, let alone authorize the agency to implement it. Here's what's happening. As with everything else the Biden administration is doing, his broadband policies are failing and the building of internet infrastructure in this country, uh, the price of it has gone through the roof.

FCC wants new 5G broadband services, but it's all needlessly been blocked and delayed by new broadband infrastructure regulatory red tape. So the government is blocking the private sector from doing it and then using that to say, see, we need to take complete control.

This is breathtaking control of all information.

The rules, the the rules that are suggested and are going to be voted on, quick, hurry, next week, the federal government has a roving mandate to micromanage nearly every aspect of how the internet functions. 🤔

Are you ready for this? 🤔