#bankruptcy legislation

[mostlysignssomeportents]

At long last, a meaningful step to protect Americans' privacy

This Saturday (19 Aug), I'm appearing at the San Diego Union-Tribune Festival of Books. I'm on a 2:30PM panel called "Return From Retirement," followed by a signing:

https://www.sandiegouniontribune.com/festivalofbooks

Privacy raises some thorny, subtle and complex issues. It also raises some stupid-simple ones. The American surveillance industry's shell-game is founded on the deliberate confusion of the two, so that the most modest and sensible actions are posed as reductive, simplistic and unworkable.

Two pillars of the American surveillance industry are credit reporting bureaux and data brokers. Both are unbelievably sleazy, reckless and dangerous, and neither faces any real accountability, let alone regulation.

Remember Equifax, the company that doxed every adult in America and was given a mere wrist-slap, and now continues to assemble nonconsensual dossiers on every one of us, without any material oversight improvements?

https://memex.craphound.com/2019/07/20/equifax-settles-with-ftc-cfpb-states-and-consumer-class-actions-for-700m/

Equifax's competitors are no better. Experian doxed the nation again, in 2021:

https://pluralistic.net/2021/04/30/dox-the-world/#experian

It's hard to overstate how fucking scummy the credit reporting world is. Equifax invented the business in 1899, when, as the Retail Credit Company, it used private spies to track queers, political dissidents and "race mixers" so that banks and merchants could discriminate against them:

https://jacobin.com/2017/09/equifax-retail-credit-company-discrimination-loans

As awful as credit reporting is, the data broker industry makes it look like a paragon of virtue. If you want to target an ad to "Rural and Barely Making It" consumers, the brokers have you covered:

https://pluralistic.net/2021/04/13/public-interest-pharma/#axciom

More than 650,000 of these categories exist, allowing advertisers to target substance abusers, depressed teens, and people on the brink of bankruptcy:

https://themarkup.org/privacy/2023/06/08/from-heavy-purchasers-of-pregnancy-tests-to-the-depression-prone-we-found-650000-ways-advertisers-label-you

These companies follow you everywhere, including to abortion clinics, and sell the data to just about anyone:

https://pluralistic.net/2022/05/07/safegraph-spies-and-lies/#theres-no-i-in-uterus

There are zillions of these data brokers, operating in an unregulated wild west industry. Many of them have been rolled up into tech giants (Oracle owns more than 80 brokers), while others merely do business with ad-tech giants like Google and Meta, who are some of their best customers.

As bad as these two sectors are, they're even worse in combination – the harms data brokers (sloppy, invasive) inflict on us when they supply credit bureaux (consequential, secretive, intransigent) are far worse than the sum of the harms of each.

And now for some good news. The Consumer Finance Protection Bureau, under the leadership of Rohit Chopra, has declared war on this alliance:

https://www.techdirt.com/2023/08/16/cfpb-looks-to-restrict-the-sleazy-link-between-credit-reporting-agencies-and-data-brokers/

They've proposed new rules limiting the trade between brokers and bureaux, under the Fair Credit Reporting Act, putting strict restrictions on the transfer of information between the two:

https://www.cnn.com/2023/08/15/tech/privacy-rules-data-brokers/index.html

As Karl Bode writes for Techdirt, this is long overdue and meaningful. Remember all the handwringing and chest-thumping about Tiktok stealing Americans' data to the Chinese military? China doesn't need Tiktok to get that data – it can buy it from data-brokers. For peanuts.

The CFPB action is part of a muscular style of governance that is characteristic of the best Biden appointees, who are some of the most principled and competent in living memory. These regulators have scoured the legislation that gives them the power to act on behalf of the American people and discovered an arsenal of action they can take:

https://pluralistic.net/2022/10/18/administrative-competence/#i-know-stuff

Alas, not all the Biden appointees have the will or the skill to pull this trick off. The corporate Dems' darlings are mired in #LearnedHelplessness, convinced that they can't – or shouldn't – use their prodigious powers to step in to curb corporate power:

https://pluralistic.net/2023/01/10/the-courage-to-govern/#whos-in-charge

And it's true that privacy regulation faces stiff headwinds. Surveillance is a public-private partnership from hell. Cops and spies love to raid the surveillance industries' dossiers, treating them as an off-the-books, warrantless source of unconstitutional personal data on their targets:

https://pluralistic.net/2021/02/16/ring-ring-lapd-calling/#ring

These powerful state actors reliably intervene to hamstring attempts at privacy law, defending the massive profits raked in by data brokers and credit bureaux. These profits, meanwhile, can be mobilized as lobbying dollars that work lawmakers and regulators from the private sector side. Caught in the squeeze between powerful government actors (the true "Deep State") and a cartel of filthy rich private spies, lawmakers and regulators are frozen in place.

Or, at least, they were. The CFPB's discovery that it had the power all along to curb commercial surveillance follows on from the FTC's similar realization last summer:

https://pluralistic.net/2022/08/12/regulatory-uncapture/#conscious-uncoupling

I don't want to pretend that all privacy questions can be resolved with simple, bright-line rules. It's not clear who "owns" many classes of private data – does your mother own the fact that she gave birth to you, or do you? What if you disagree about such a disclosure – say, if you want to identify your mother as an abusive parent and she objects?

But there are so many stupid-simple privacy questions. Credit bureaux and data-brokers don't inhabit any kind of grey area. They simply should not exist. Getting rid of them is a project of years, but it starts with hacking away at their sources of profits, stripping them of defenses so we can finally annihilate them.

I'm kickstarting the audiobook for "The Internet Con: How To Seize the Means of Computation," a Big Tech disassembly manual to disenshittify the web and make a new, good internet to succeed the old, good internet. It's a DRM-free book, which means Audible won't carry it, so this crowdfunder is essential. Back now to get the audio, Verso hardcover and ebook:

http://seizethemeansofcomputation.org

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/2023/08/16/the-second-best-time-is-now/#the-point-of-a-system-is-what-it-does

Image: Cryteria (modified) https://commons.wikimedia.org/wiki/File:HAL9000.svg

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

[notbeingnoticed]

California’s residents have taken a beating from investor-owned utility companies and the CPUC over the past year. Major utility PG&E passed a 13% hike to electricity rates, adding on to what are already among the highest in the nation.

The state passed NEM 3.0, a cut to solar export compensation which sunk the state’s once-thriving rooftop solar market, leading to nearly 20,000 jobs lost and numerous solar installer bankruptcies.

CPUC then moved to shut down the emergent community solar market, which offered a pathway for renters and those with unsuitable rooftops for solar to save on electricity bills. Proponents of community solar legislation say it would enable bill savings of about $300 per year, with total ratepayer savings reaching $9 billion.

[odinsblog]

I swear to God, from mass incarceration crime bills, to undermining abortion rights, to healthcare, to Clarence Thomas, to student loan forgiveness, it feels like Joe Biden’s entire presidency has been him tepidly and ineffectually “fighting” against every bad thing that he was instrumental in creating when he was a Senator, but reliably failing to completely repeal or correct as POTUS.

Sorry if this truth upsets some 🙈🙉🙊 neoliberal diehards, but it’s infuriating to see how student loan forgiveness was thrown under the bus in the name of “bipartisan compromise” that Biden values so fucking much. Acquiescing to the GOP’s manufactured “debt default crisis,” no matter how marginally, only guarantees that they will continue using these hostage taking tactics in the future.

And before any braindead Blue MAGA sycophants regurgitate their tired lines about how the act of even remembering these facts is somehow “helping Trump,” or “oh you must be a Russian bot,” I fucking dare you to 1) refute anything in this post as misleading, patently untrue, or false, Or 2) search through my blog and see what I’ve posted regarding Republicans, Donald Trump, Ron DeSantis, and Russia. NONE of that changes the fact that Biden, bipartisanly partnering up with Republicans, helped plant the seeds of many of the problems that we face today. The bad guys being bad guys does not magically absolve Biden for helping them achieve so many of their goals in his “younger” days.

[kp777]

By Edward Carver

Common Dreams

July 25, 2024

"We have a duty to protect patients from greedy corporations that are prioritizing their bottom line over patient care," Rep. Pramila Jayapal said.

Sen. Ed Markey and Rep. Pramila Jayapal on Thursday introduced legislation that would tighten the rules on private equity firms in the healthcare industry.

The Health Over Wealth Act would increase the powers of the U.S. Department of Health and Human Services to monitor and block private equity deals in the healthcare industry. It would require private equity firms buying healthcare providers to set up escrow accounts large enough to fund five years of operations, and would require more transparency on debt, executive pay, and other financial data, while prohibiting the "stripping" of assets.

"Private equity firms and greedy corporate executives are using the healthcare system as a piggybank," Markey (D-Mass.), chair of the Health, Education, Labor, and Pensions (HELP) Subcommittee on Primary Health and Retirement Security, said in a statement. "Putting profit over patients' results in substandard care, while health workers suffer, and communities are left to clean up the mess."

Jayapal (D-Wash.), chair of the Congressional Progressive Caucus, emphasized the toll that the private equity approach has on patients.

"Private equity firms buying up health care systems are simply bad news for patients, leading to worse health outcomes and higher bills," said Jayapal, who had previously introduced narrower legislation on private equity in healthcare. "We have a duty to protect patients from greedy corporations that are prioritizing their bottom line over patient care."

The bill's introduction came as the Senate HELP Committee on Thursday voted to launch an investigation into profit-first practices at Steward Health Care, a for-profit system formerly owned by a private equity firm and now in bankruptcy.

HELP voted to subpoena Steward CEO Ralph de la Torre, whom CBS News, which has conducted a series of investigations into the negative impact of private equity firms on community hospitals, described as "reclusive." De la Torre bought a 190-foot megayacht even as Steward's hospitals failed to pay their bills and keep supplies of life-saving equipment available, CBSreported.

Sen. Bernie Sanders (I-Vt.), HELP's chair and a cosponsor of the Health Over Wealth Act, called out de la Torre on social media on Thursday.

"Private equity vultures are making a fortune by taking over hospitals and leaving them in shambles," he wrote. "It's time for the CEO of Steward Health Care to get off his yacht and explain to Congress how he got rich while bankrupting the hospitals he manages."

The other cosponsors of the new bill include only a handful of progressive senators and representatives, but concern about the role of private equity in healthcare goes beyond progressive circles. The HELP Committee, which includes 10 Republicans, voted 20-1 to launch the investigation into Steward. And a Bloomberg columnist on Thursday published an opinion piece entitled "Steward Health is a case study in executive greed" and subtitled: "Why is populism on the rise? The gutting of a community hospital system illustrates why so many Americans feel betrayed by big business."

The negative impact of private equity's role in the healthcare industry is significant. Researchers at Harvard Medical School found an "alarming increase in patient complications" at private equity-owned hospitals in a study published in December in JAMA, a leading medical journal.

The new bill, which Markey previewed at a field hearing in Massachusetts in April, may be a long-shot for passage, given corporate influence in Congress. Axios called it "more aspirational than legislative" at the time.

[anexperimentallife]

You miserable little tankie purity-pony CUNT. Biden is anything but a 'shitstain'; he has done more for this country than any president in decades. If you could get your head out of Nina Turner's and Jill Stein's reeking gashes long enough to read any actual facts....but when you're not eating out PUTA's little whores you're exploring Bernout's cloaca with your tongue. Know what? I don't believe your post either. You'll vote for some bitch like Cornel West out of spite. Schooled and blocked :D

Welp, SOMEBODY apparently loves genocide against brown people, loves big banks, and loves the guy they used to call "Senator Mastercard."

And NOT loving genocide, banks, and Biden I guess makes one a... "tankie?" (I don't think that word means what he thinks it does.)

I mean, obviously supporting genocide is the worst of Biden's crimes, but even if not for that, I'm also not a fan of smearing and harassing women who've been sexually harassed and pushing to get their abusers on the Supreme Court (look up Anita Hill and Clarence Thomas), or spearheading the legislation that made student loans un-dismissable by bankruptcy (funny that people are praising him for putting a bandaid on a tiny fraction of the student loan crisis he helped create), and generally supporting banls against the US citizenry at every opportunity, thus helping to create the highest level of income inequality and poverty in the developed world, with all the suffering that has caused. I guess supporting the Iraq war was ALSO a case of Biden doing SO MUCH for America and the world?

(He still says he stands by every vote he has ever cast, by the way, which would include his votes to bomb brown kids, to put Thomas on the SCOTUS, and to give banks more power at our expense.)

Wonder if these are the kinds of facts this guy wants to make sure I'm aware of?

I mean, like I said, if it comes down to either Biden, or a Trump military dictatorship (which the orange shitgibbon and his aupporters are already talking about,,and which Tuberville is doing his best to facilitate by blocking military appointees until a GOP victory the way they blocked judicial appointments so the Orange One could fill the court with far right zealors who would overtirn Roe v Wade), and which will ALSO support genocide), I'll hold my nose and pull the lever for the lesser of two shitstains, because--again, BOTH parties support genocide, but the GOP literally tried to stage a domestic coup, openly considers nuclear warfare a viable option, and... well, you've heard them. And I want my daughter to grow up with things like freedom of speech, and access to abortion and birth control and stuff, you know?

But oh, my... I have apparently been "schooled and blocked" LMAO. How will I ever survive?

(Rambled a bit here, I know, but its 3am where I am, and I'm up coughing my lungs up, so this was a distraction for me.)

[humanerrers]

people who sincerely believe that the US is already fully fascist are, understandably, very on board with burn-it-all-down-how-dare-you-tell-me-to-vote-blue-no-matter-who style leftist politics

literally just saw someone in the notes on another post about the role of disruptive protest cite lost abortion rights as an example of liberals’ moral bankruptcy, because “they talk about the need for incrementalism, and yet look how abortion rights all got torn down in just one year” (!!!!!)

i feel real despair about this, bc when we are led into actual fascism people stuck in this mindset will just be like, “see? now you’ll finally agree it’s time to burn it all down, and it’s kind of pathetic that it took you this long”

i truly think maybe it’s time to stop thinking of this part of the left as dependable anti-fascist allies as we plan our leftist activism; they can no longer be accurately understood as anti-fascist in a US context, because they quite genuinely believe that fascism is here, in its full and complete horror, right now, and therefore that we don’t really need to worry strategically about things getting worse — in fact should maybe even welcome things getting worse, with more people dying or being denied fundamental rights, because that state of affairs might actually open the eyes of the populace and hasten the revolution

(there are probably a lot of local legislative battles where this analysis does not apply, and these folks will still be willing to show up in solidarity, but I think it gets more accurate the more you zoom out)

[rjzimmerman]

Excerpt from this story from the Chicago Tribune:

Despite widespread understanding of the health and environmental damages caused by forever chemicals, manufacturers continue to win federal approval to synthesize new versions of the toxic compounds with little, if any, government oversight.

U.S. Sen. Dick Durbin wants to begin shutting off the tap by outlawing per- and polyfluoroalkyl substances, commonly known as PFAS, unless they are used in medical devices or other essential products.

Legislation introduced Thursday by the Illinois Democrat would give manufacturers a decade to phase out most uses of PFAS and eliminate air and water pollution that for now is largely released from factories without limits.

The bill also would attempt to prevent corporations from seeking protection under bankruptcy laws to avoid lawsuits seeking compensation for health damages.

“PFAS surround us,” Durbin said. “They are in the pots and pans we cook with, in our drinking water supply, in the air we breathe.  We must act to ensure that harm brought on by these forever chemicals is mitigated.”

This is the latest of several measures introduced in Congress to address PFAS problems across the nation. Most likely will not make it through the Senate and House of Representatives in a period of divided government, but Durbin and other top lawmakers often manage to include their priorities in broader, must-pass legislation such as the annual budget for national defense.

Pioneered after World War II by the global conglomerates 3M and DuPont, forever chemicals have been added for decades to products featuring brand names such as Scotchgard, Stainmaster and Teflon. Industry has promoted PFAS as miracles of science, but since the late 1990s lawsuits have revealed that 3M and DuPont hid from regulators and the public what the companies knew decades ago about the harmful consequences.

[thoughtportal]

Last week, the nation’s largest prison and jail telecom corporation, Securus, effectively defaulted on more than a billion dollars of debt. After decades of preying on incarcerated people and their loved ones with exploitative call rates and other predatory practices that have driven millions of families into debt, Securus is being crushed under the weight of its own. In March, the company’s creditors gave the corporation an eight-month extension to pay up, urging its sale to a new owner to stave off an otherwise imminent bankruptcy. 

Securus is one of two corporations that dominate roughly 80 percent of the U.S. prison telecom industry, forming an effective duopoly that thrives on the captive markets found inside the nation’s lockups. Both companies are owned by private-equity firms: Securus, by Platinum Equity, and ViaPath (previously Global Tel Link), by American Securities.

The slow death of the largest player in this space is not accidental. It follows six years of intense advocacy to expose the vulnerability of the prison telecom industry’s business model on both ethical and economic grounds. Organizers have waged a strategic war against Securus, educating investors and the public about the company’s predatory practices while successfully advocating for legislation and regulation to rein them in.

With Platinum now on the hook to pay $1.3 billion of Securus debt this year following a series of failed attempts to refinance, bankruptcy seems inevitable. The company’s failure would represent a remarkable victory for advocates—and a potential beginning of the end for the prison telecom industry as we know it.

[canonical-transformation]

The only reason that the Crux Fleet hasn't gone completely broke or filed for bankruptcy due to their boss's habit of throwing money at problems is because Mora-Grubber is the one balancing the books.

The crew thanks her for the fact that she is able to do this and keep their benefits which include a pension, healthcare, and other services.

The last time Ningguang tried to legislate something that would screw the fleet over, Mora-Grubber marched up to the Jade Chamber herself to strike it down.

She's given up trying to coerce her boss into using money more wisely (or simply talking things out and making it work with the disputing parties), but she is not above using the fact that she is the one holding this mess together to reel is back in a bit.

Oh 100%. Don't mess with the privateer pirate quartermaster, they're the one making sure there's food on the table. (We can call her "bookkeeper", whatever. That doesn't change the role.)

Headcanon: Farzaneh had a similar role on a Crux ship before she went private.

[justinspoliticalcorner]

John Pavlovitz at The Beautiful Mess:

MAGA Christians really need to stop spiritualizing the man and his movement. It's sinful. It's blasphemous. It’s heretical. It's lousy evangelism. It’s laughable. It’s offensive. It's also just plain asinine. The hypocrisy on display is historic: after spending the 8 years straining to find infinitesimal specks in Barack Obama's eye that they could condemn as moral deal breakers—in the 8 years since, Evangelicals have been perfectly fine with Trump's forest of rotted Redwoods.

In fact, in the most dizzying display of theological spin doctoring, they actually declare that it is precisely his ever-growing trail of personal toxic discharge that supposedly proves evidence of God's hand in it all. The “logic” goes that God uses flawed human beings, so Trump's multiple marriages, his porn star affairs, his sexual assaults, his verbal obscenities, his disregard for rule of law, his compulsive lying, his clear racism, his unrelenting attacks on marginalized communities (things these Christians would have figuratively and almost literally crucified Obama for) are now unmistakable signs that God is using this former President. This is nonsense of Biblical proportions. Trying and draw some line between Jesus of Nazareth and Donald of Florida is about as farcical as you can get without actually spontaneously combusting from the cognitive dissonance. [...]

Trump Christians need to stop passing the buck to the Lord and just own the compromises and sick bedfellows they've been willing to make for Supreme Court seats, anti-choice legislation, weapon stockpiling, and a rapidly assembling white Evangelical theocracy.  Stop namedropping God. God is love, while Donald Trump is incapable of it.

God wasn't generating fake news or showing up at his campaign rallies or stumping for him at nationwide crusades or using him as an expression of their misogyny. God didn't vote for the guy who said he could grab women by the genitalia. God didn't choose the guy who said protestors should be beaten. God didn't go with the guy endorsed by the KKK. God didn't excuse the bankruptcies and overlook the affairs and laugh off the racist remarks. I'm pretty sure people did that—lots of supposedly Christian folks. And God isn't now justifying Trump’s vile nonsense on social media, or creating Constitutional crises, or ignoring the rule of Law, or celebrating LGBTQ discrimination, or laughing off collusion, treason, and human rights atrocities. Again, Christians. We really should stop pretending God is responsible for this fast-food dumpster fire when it's clear whose hand is in it all.

John Pavlovitz is 100% correct in his column about how Evangelicals are blaspheming God by claiming that God chose Donald Trump.

[mostlysignssomeportents]

Fighting the privacy wars, state by state

In 2021, Apple updated its mobile OS so that users could opt out of app tracking with one click. More than 96% opted out, costing Facebook $10b in one year. The kicker? Even if you opted out, Apple continued to spy on you, just as invasively as Facebook had, as part of its competing targeted ad product:

https://pluralistic.net/2022/11/14/luxury-surveillance/#liar-liar

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/2023/02/23/state-of-play/#patchwork

The fact that Apple — a company that has blanketed the world with anti-surveillance billboards — engaged in deceptive, pervasive surveillance reveals the bankruptcy of “letting the market decide” what privacy protections you should have.

When you walk into a grocery store, you know that the FDA is on the job, making sure that the food you buy doesn’t kill you — but no one stops the grocery store from tracking literally every step you take, every eye movement you make (no, really!) and selling that to all comers:

https://themarkup.org/privacy/2023/02/16/forget-milk-and-eggs-supermarkets-are-having-a-fire-sale-on-data-about-you

America’s decision to let the private sector self-regulate commercial surveillance is a grotesque failure of duty on the part of Congress, which has consistently failed to pass comprehensive privacy legislation. There are lots of reasons for this, but the most important is that American cops and spies are totally reliant on commercial surveillance brokers, and they fight like hell against any privacy legislation:

https://pluralistic.net/2021/04/13/public-interest-pharma/#axciom

The private sector’s unregulated privacy free-for-all means that cops don’t need to get warrants to spy on you — they can just buy the data on the open market for pennies:

https://pluralistic.net/2020/08/18/fifth-pig/#ppp

The last Congressional session almost passed a halfway decent (but still deeply flawed) federal privacy law, but then they didn’t. Basically, Congress only passes laws that can be sandwiched into 1,000-page must-pass bills and most of the good stuff that gets through only does so because some bought-and-paid-for Congressjerks are too busy complaining about “woke librarians” to read the bills before they come up for a vote.

The catastrophic failure to protect Americans’ privacy has sent human rights groups hunting for other means to accomplish the same end. On the federal level, there’s the newly reinvigorated FTC, under the visionary, muscular leadership of Lina Khan, the best Commission chair in a generation. She’s hard at work on rules to limit commercial surveillance:

https://pluralistic.net/2022/08/12/regulatory-uncapture/#conscious-uncoupling

But FTC regs take time to pass, and it can be hard for ordinary individuals to trigger their enforcement, which might leave you at the mercy of your local officials when your privacy is invaded. What we really need is a privacy law with a “private right of action” — the right to go to court on your own:

https://www.eff.org/deeplinks/2019/01/you-should-have-right-sue-companies-violate-your-privacy

The business lobby hates private right of action, and they trick low-information voters into opposing them with lies about “ambulance chasers” who sue innocent fast-food outlets for millions because they serve coffee that’s too hot:

https://pluralistic.net/2022/06/12/hot-coffee/#mcgeico

With Congress deadlocked and privacy harms spiraling, pro-privacy groups have turned to the states, as Alfred Ng writes for Politico:

https://www.politico.com/news/2023/02/22/statehouses-privacy-law-cybersecurity-00083775

The best provisions of the failed federal privacy law have been introduced as state legislation in Massachusetts and Illinois, and there are amendments to Indiana’s existing state privacy law — 16 states in all are working on or have some kind of privacy law. This means businesses must live with the dread “patchwork of laws,” which serves the business lobby right: they must do business in potentially radically different ways in different states, and small missteps could cost them millions, in true fuck-around-and-find-out fashion.

As Ng writes, these laws don’t have to pass in every state. America’s historically contingent, lopsided state lines mean that some states are so populous that whatever rules they pass end up going nationwide (the ACLU’s Kade Crockford uses the example of California Prop 65 warnings showing up on canned goods in NY).

As Congress descends further into self-parody, the temptation to treat the federal government as damage and route around it only mounts. It’s a powerful, but imperfect strategy. On the negative side, it takes a lot of resources to introduce legislation into multiple states, and to win legislative fights in each.

Think of the incredible fuckery that the coalition of Apple, John Deere, Wahl, and other monopolists got up to defeat dozens of state Right to Repair laws, even snatching victory from the jaws of defeat in New York state, neutering the incredible state electronics repair law before it reached the governor’s desk:

https://www.techdirt.com/2023/02/17/more-details-on-how-tech-lobbyists-lobotomized-nys-right-to-repair-law-with-governor-kathy-hochuls-help/

Indeed, the business lobby loves lobbying statehouses, treating them as the Feds’ farm-leagues, filled with naive, easily hoodwinked rubes. Organizations like ALEC use their endless corporate funding to get state legislation that piles farce upon tragedy, like the laws banning municipal fiber networks:

https://pluralistic.net/2022/12/15/useful-idiotsuseful-idiots/#unrequited-love

The right has always had hooks in state legislatures, but they really opened up the sluice gates in the runup to the 2010 census, when a GOP strategist called Thomas Hofeller started pitching Republican operatives on a plan called REDMAP, to capture state legislatures in time for a post-2010 census mass-redistricting that would neutralize the votes of Black and brown people and deliver permanent rule by an openly white nationalist Republican party that could lose every popular vote and still hold power.

Of course, that’s not how they talked about it in public. Though the racial dimension of GOP gerrymandering were visible to anyone on the ground, Hofeller maintained a veneer of plausible deniability on the new REDMAP districts, leaving the racist intent of GOP redistricting as a he-said/she-said matter of conjecture:

https://www.klfy.com/national/late-gop-redistricting-gurus-files-hint-at-partisan-motives/

That is, until 2018, when Satan summoned Hofeller back to hell, leaving his personal effects in the hands of his estranged anarchist daughter, Stephanie, who dumped all her old man’s files online, including the powerpoint slides he delivered to his GOP colleagues where he basically said, “Hey kids, let’s do an illegal racism!”

https://www.vice.com/en/article/pked4v/the-anarchist-daughter-of-the-gops-gerrymandering-mastermind-just-dumped-all-his-maps-and-files-on-google-drive

Sometimes, laws that turn on intent are difficult to enforce because they require knowledge of the accused’s state of mind. But there are so many would-be supervillains who just can’t stop themselves from monologing, and worse, putting it in writing.

As bad as state politics can be, they’re still winnable battlefields. Last year saw a profound win on Right to Repair in Colorado, where a wheelchair repair bill, HB22–1031, made history:

https://www.eff.org/deeplinks/2022/06/when-drm-comes-your-wheelchair

That win helped inspire Rebecca Giblin and I when we were writing Chokepoint Capitalism, our book about how Big Tech and Big Content rip off creative workers, and what to do about it.

https://chokepointcapitalism.com

Many readers have noted that the first half of the book — where were unpack the scams of streaming, news advertising, ebooks and audiobooks, and other creative fields — is incredibly enraging.

But if you find yourself struggling to concentrate on the book because of a persistent, high-pitched whining noise that you suspect might be a rage-induced incipient aneurysm, keep reading! The second half of the book is full of detailed, shovel-ready policy proposals to get artists paid, including a state legislative proposal that works from the same playbook as these state privacy laws.

If your creative work entitles you to receive royalties, your contract will typically include the right to audit your royalty statements. If you do audit your royalties, you will often find “discrepancies.” We cite one LA firm that has performed tens of thousands of record contract audits over decades, and in every instance except one, the errors they discovered were in the labels’ favor.

This is a hell of a head-scratcher. I can only assume that some kind of extremely vexing, highly localized probability storm has taken up permanent residence over the Big Three labels’ accounting departments, making life hell for their CPAs, and my heart goes out to them.

Anyway: if you find one of these errors and you tell your label or publisher or studio, “Hey, you stole my money, cough up!” they will pat you on the head and say, “Oh, you artists are adorable but you can’t do math. You’re mistaken, we don’t owe you anything. But because we’re good natured slobs, we’ll offer you, say, half of what you think we owe you, which is good, because you can’t afford to sue us. And all you need to do to get that money is to sign this non-disclosure agreement, meaning you can’t tell anyone else about the money we’re stealing from them.

“Oh, and one more thing: your accountant has to promise never to audit us again.” As Caldwell-Kelly said when we talked about this on Trashfuture, this is like the accused murderer telling the forensics team, “Dig anywhere you’d like in my garden, just not in that corner, I’m very sentimental about it.”

https://trashfuturepodcast.podbean.com/e/amazon-billing-amazon-for-amazon-feat-cory-doctorow-and-rebecca-giblin/

Now, contracts are a matter of state law, and nearly every entertainment industry contract is signed in one of four jurisdictions: NY, CA, TN (Nashville), and WA (games companies and Amazon). If we amended the state laws in one or more of these to say, “NDAs can’t be enforced when they pertain to wage theft arising from omissions or misstatements on royalties,” we could pour money into the pockets of creative workers all over the world.

Yes, the entertainment giants will fight like hell against this, and yes, they have a lot of juice in their state legislatures. But they’re also incredibly greedy and reckless, and prone to such breathtaking and brazen acts of wage theft that they lurch from crisis to crisis, and at each of these crises, there is a space to pass a law to address these very public failings.

For example, in 2022, the Writers Guild of America — one of the best, most principled, most solidaristic and unified unions in Hollywood — wrested $42 million from Netflix, which the company had stolen from its writers:

https://variety.com/2022/film/news/wga-wins-42-million-arbitration-netflix-1235333822/

Netflix isn’t alone in these massive acts of wage theft, and this is certainly not the only way Netflix is stealing from creative workers. There’s never just one ant: if Netflix cooked the books for writers, they’re definitely cooking it for other workers. That means there will be more scandals, and when they break, we can demand more than a bandaid fix for one crime — we can demand modest-but-critical legislative action to fix contracts and prevent this kind of wage-theft in the future.

The state legislatures aren’t an intrinsically better battlefield for just fights, but they are an alternative to Congress, and there is space to make things happen in just some of the 50 state houses that can ripple out over the whole country — for good and bad.

[Image ID: Blind justice, holding aloft a set of unbalanced scales; in the lower scale is a map of the USA showing the state lines; in the higher scale rests the capitol building.]

[dontmeantobepoliticalbut]

Three years after receiving a $700 million pandemic-era lifeline from the federal government, the struggling freight trucking company Yellow is filing for bankruptcy.

After monthslong negotiations between Yellow’s management and the Teamsters union broke down, the company shut its operations late last month, and said on Sunday that it was seeking bankruptcy protection so it could wind down its business in an “orderly” way.

“It is with profound disappointment that Yellow announces that it is closing after nearly 100 years in business,” the company’s chief executive, Darren Hawkins, said in a statement. Yellow filed a so-called Chapter 11 petition in U.S. Bankruptcy Court in Delaware.

The downfall of the 99-year-old company will lead to the loss of about 30,000 jobs and could have ripple effects across the nation’s supply chains. It also underscores the risks associated with government bailouts that are awarded during moments of economic panic.

Yellow, which formerly went by the name YRC Worldwide, received the $700 million loan during the summer of 2020 as the pandemic was paralyzing the U.S. economy. The loan was awarded as part of the $2.2 trillion pandemic-relief legislation that Congress passed that year, and Yellow received it on the grounds that its business was critical to national security because it shipped supplies to military bases. Government watchdogs have scrutinized the loan because of the company’s financial turmoil and close ties to the Trump administration, which awarded the loan.

Since then, Yellow changed its name and embarked on a restructuring plan to help revive its flagging business by consolidating its regional networks of trucking services under one brand. As of the end of March, Yellow’s outstanding debt was $1.5 billion, including about $730 million that it owed to the federal government. Yellow has paid approximately $66 million in interest on the loan, but it has repaid just $230 of the principal owed on the loan, which comes due next year.

The fate of the loan is not yet clear. The federal government assumed a 30% equity stake in Yellow in exchange for the loan. It could end up assuming or trying to sell off much of the company’s fleet of trucks and terminals. Yellow aims to sell “all or substantially all” of its assets, according to court documents. Mr. Hawkins said the company intended to pay back the government loan “in full.”

The White House declined to comment.

Yellow estimated that it has more than 100,000 creditors and more than $1 billion in liabilities, per court documents. Some of its largest unsecured creditors include Amazon, with a claim of more than $2 million, and Home Depot, which is owed nearly $1.7 million.

Yellow is the third-largest small-freight trucking company in a part of the industry known as “less than truckload” shipping. The industry has been under pressure over the last year from rising interest rates and higher fuel costs, while customers have been reluctant to accept higher prices.

Those forces collided with an ugly labor fight this year between Yellow and the Teamsters union over wages and other benefits. Those talks collapsed last month and union officials soon after warned workers that the company was shutting down.

After its bankruptcy filing, company officials placed much of the blame on the union, saying its members caused “irreparable harm” by halting its restructuring plan. Yellow employed about 23,000 union employees.

“We faced nine months of union intransigence, bullying and deliberately destructive tactics,” Mr. Hawkins said. The Teamsters union “was able to halt our business plan, literally driving our company out of business, despite every effort to work with them,” he added.

In late June, the company filed a lawsuit against the union, asserting it had caused more than $137 million in damages by blocking the restructuring plan.

The Teamsters union said that Yellow’s executives unjustly blamed the union for the demise of the company, which had been “plagued with financial trouble for nearly two decades,” officials said in a statement.

“Teamster families sacrificed billions of dollars in wages, benefits and retirement security to rescue Yellow,” said Sean O’Brien, the union’s general president. “The company blew through a $700 million government bailout.” Calling Yellow’s top executives “dysfunctional” and “greedy,” he blamed them for failing to “take responsibility for squandering all that cash.”

The bankruptcy could create temporary disruptions for companies that relied on Yellow and might prompt more consolidation in the industry. It could also lead to temporarily higher prices as businesses find new carriers for their freight.

“Those inflationary prices will certainly hurt the shippers and hurt the consumer to a certain extent,” said Tom Nightingale, chief executive of AFS Logistics, who suggested that prices would probably normalize within a few months.

In late July, Yellow began permanently laying off workers and ceased most of its operations in the United States and Canada, according to court documents. Yellow has retained a “core group” of about 1,650 employees to maintain limited operations and provide administrative work as it winds down. Yellow said it expected to pay about $3.4 million per week in employee wages to operate during bankruptcy, which “may decrease over time.” None of the remaining employees are union members, the company said.

The company also sought the authority to pay an estimated $22 million in compensation and benefit costs for current and former employees, including roughly $8.7 million in unpaid wages as of the date of filing.

Yellow had readily accessible funds of about $39 million when it filed for bankruptcy, which it said would be insufficient to cover its wind-down efforts, and it expected to receive special financing to help support the sale process and payment of wages.

Jack Atkins, a transportation analyst at the financial services firm Stephens, said that Yellow’s troubles had been mounting for years. In the wake of the financial crisis, Yellow engaged in a spree of acquisitions that it failed to successfully integrate, Mr. Atkins said. The demands of repaying that debt made it difficult for Yellow to reinvest in the company, allowing rivals to become more profitable.

“Yellow was struggling to keep its head above water and survive,” Mr. Atkins said. “It was harder and harder to be profitable enough to support the wage increases they needed.”

David P. Leibowitz, a Chicago bankruptcy lawyer who represents several trucking companies, said Yellow had found itself in a “perfect storm, and they have not managed that perfect storm very well.”

The company’s financial problems fueled concerns. It lost more than $100 million in 2019 and was being sued by the Justice Department over claims that it defrauded the federal government during a seven-year period. Last year it agreed to pay $6.85 million to settle the lawsuit.

Congressional oversight committees have scrutinized the company’s relationships with the Trump administration. President Donald J. Trump tapped Mr. Hawkins to serve on a coronavirus economic task force, and Yellow had financial backing from Apollo Global Management, a private equity firm with close ties to Trump administration officials.

Democrats on the House Select Subcommittee on the Coronavirus Crisis wrote in a report last year that top Trump administration officials had awarded Yellow the money over the objections of career officials at the Defense Department. The report noted that Yellow had been in close touch with Trump administration officials throughout the loan process and had discussed how the company employed Teamsters as its drivers.

In December 2020, Steven T. Mnuchin, then the Treasury secretary, defended the loan, arguing that had the company been shuttered, thousands of jobs would have been at risk and the military’s supply chain could have been disrupted. He predicted that the federal government would eventually turn a profit from the deal.

“Yellow had longstanding financial problems before the pandemic, was not essential to national security and thus should never have received a $700 million taxpayer bailout from the Treasury Department,” Representative French Hill, Republican of Arkansas and a member of the Congressional Oversight Commission, said in a statement. “Years of poor financial management at Yellow has resulted in hard-working people losing their jobs.”

[tocitynews]

Georgia Lawmakers To Rein In Aggressive Home Owners Associations After Hearing Homeowner Horror Stories – Atlanta Georgia reporting

You can be up to date on your mortgage, never missed a loan payment, and lose your home to foreclosure by your Homeowners Association.

▶︎ Each month Karyn Gibbons mailed a check for HOA dues on her Gwinnett County condo to the address provided in writing at closing. But she said she never knew when or if it would be cashed.

“It was just random. I mean there’d be two, three, four, five months go in between checks being cashed,” said Gibbons. Then out of the blue she was served with a notice of foreclosure by her Home Owners Association, with late fees and thousands of dollars in attorney fees.

She owed more than $30,000.

“Did you even know you could be foreclosed on by an HOA?” Gray asked Gibbons.

“No. Never heard of it,” Gibbons said.

▶︎ “It’s totally insane. It’s totally insane,” said Tricia Quigley, a former Cherokee County homeowner.

She learned it can happen the hard way.

When Quigley’s Cherokee County home of 18 years was sold at foreclosure on the courthouse steps for about the amount of spare change on her coffee table as Gray interviewed her.

“It went for $3.25,” Quigley said.

She admitted she did not pay two of her biannual homeowner association dues payments totaling $800.

She ended up paying more than $10,000 trying to get right with the HOA but the late fees and attorney fees kept growing.

“I kept thinking I paid all this money; how come it’s not stopping?” Quigley said.

A big reason is attorney costs.

Every email, every inquiry, every attempt to contest, fix, or even pay the overdue bill adds to the bill.

Channel 2 Action News checked foreclosure records and found that ▶︎ just two metro Atlanta law firms that specialize in representing HOAs have filed 279 notices seeking damage and foreclosure notices in just the past three years.

By the time Juliet Graham finally sold her downtown Atlanta condo her HOA bill had reached $250,000.

“You broke us. We’re broke,” Graham said.

“I can’t imagine the mafia having been any worse than what my experience was with this,” Graham said.

State Senator Donzella James, a Democrat who represents South Fulton County, introduced multiple bills this legislative session trying to reign in overly aggressive HOAs.

“People need to be protected and safeguarded against foreclosures,” said State Senator James.

“This is where I resodded the whole thing,” said James McAdoo, a homeowner in South Fulton County.

The only way he could stop his HOA from intercepting his paycheck was by filing for bankruptcy.

“They garnished my wages,” McAdoo said.

He owes $36,000 and counting predominantly because of weeds in his front yard.

They were garnishing $600 from his paycheck every two weeks until he started the bankruptcy process.

“What way do you see out of this?” Gray asked McAdoo.

“Selling my home and just getting out of this neighborhood,” McAdoo said.

That is what Karyn Gibbons did earlier this year even though she still does not believe she did anything wrong.

“I just said enough. I can’t do it anymore,” Gibbons said.

She paid $34,000 in fines, interest, and attorney fees to end the nightmare.

“I don’t know how it’s legal,” Gibbons said.

And it’s not just happening to homeowners. Gray also spoke with a couple who said just because they were renting a home, they were not safe from an HOA.

Jasmine Latson and Jaquan Hunter said their HOA in their South Fulton neighborhood came after them over the condition of their yard.

They ended up hiring a lawn service to take care of everything. But that wasn’t enough for the HOA.

“I was like, maybe it’s me. Maybe I’m not doing good enough, I don’t know. So I went ahead and just hired an outside resource that my neighbor used. He’s been pretty consistent and good, but the fines keep happening,” Latson said.

Last year, they received a foreclosure letter saying the home’s owners owed fines and fees of more than $23,000.

“Never, never in a million years would I have thought that I would have would be dealing with this. You know? I pay my rent every month,” Latson said.

First Key Homes, Latson, and Hunter’s landlord negotiated down the fines to about $12,000 to prevent foreclosure. But the company has now passed that bill onto the couple along with an eviction notice.

Latson has fired an attorney and has a court date set for Friday.

Now, these renters are hoping state lawmakers can do something about these aggressive HOAs.

▶︎ A bipartisan bill sponsored by state senator and Rules Committee Chair Matt Brass, a Republican representing Newnan, did pass at the Gold Dome this year to create a study committee examining how to change laws to better protect homeowners.

Brass told Gray the No. 1 topic on the study committee’s agenda will be HOA foreclosures that he said are taking families’ generational wealth.

“To have some outside group come and take that away from me is again, it’s un-American. And we’re not going to stand for it in this state,” Brass said.

Several states have put in place laws limiting HOA foreclosure.

[beardedmrbean]

Repercussions from Finns Party MP Timo Vornanen's night out last Thursday continue to reverberate around Finnish politics.

The North Karelian legislator was taken into custody by police, and is now suspected of firing a shot into the ground following an altercation at a karaoke bar in the early hours of Friday morning.

Helsingin Sanomat has interviewed several people present at the bar on Thursday, and offered new details about Vornanen's evening. It's an extensive story including several details not previously known, and is cited in several other media outlets on Tuesday.

Iltalehti, meanwhile, has a piece on Vornanen's other profession — policing. He is currently on leave from the police after his election last year, but can he continue to hold that position?

North Karelia police chief Samppa Holopainen was cautious, saying that it depends on many factors.

He declined to comment directly on the Vornanen case but speaking on a general level, he said that if charges are filed and an individual is convicted, then the police force would weigh those factors in deciding on appropriate disciplinary action.

Banking deception

Business daily Kauppalehti ran an unsettling editorial in which they detail recent events at the OmaSäästöpankki bank.

The bank has admitted a senior employee had downplayed the risks of its property loan portfolio, causing a 19 million euro dent in first quarter results.

The bank says it has learnt a valuable lesson, and the individual responsible for entering false data in its systems is no longer working for the institution.

This instance affected a small part of a sector that's responsible for just three percent of the bank's six billion euro balance sheet. While shocking, the OmaSäästöpankki revelations are quite small-scale.

But Kauppalehti asks unsettling questions about whether the next banking scandal might be on an altogether larger scale.

Loan books at the Silicon Valley Bank caused a bank run and a collapse last year, and the European Central Bank has warned of risks in the property sector.

With property and construction facing difficult times in the next year or two, KL asks if there is a possibility the next banking scandal might be much bigger.

Tappara shares on offer

Yesterday's paper review included news of Tappara's latest ice hockey championship, and today's edition includes a tip (from Aamulehti) on buying a chunk of Finland's most successful hockey club.

Some 1,580 shares in Tappara are being auctioned off on huutokaupat.com, as part of bankruptcy proceedings against the previous owner.

The shares would give the new owner a spot among the top 17 owners of the club. Others include the Finnish-British-Israeli London resident Chaim "Poju" Zabludowicz, and Florida Panthers centre Alexander Barkov.

At the time of writing there had been 49 offers from 11 bidders, with the highest at 45,500 euros. There are 18 days to go in the auction.

[theworstfoundingfathers]

Who is the worst founding father- bonus third place round! James Monroe vs Henry Clay

Bonus round to determine third place!

James Monroe (April 28, 1758 – July 4, 1831) was an American statesman, lawyer, and diplomat who served as the fifth president of the United States from 1817 to 1825. He is perhaps best known for issuing the Monroe Doctrine, a policy of opposing European colonialism in the Americas while effectively asserting U.S. dominance, empire, and hegemony in the hemisphere. He also served as governor of Virginia, a member of the United States Senate, U.S. ambassador to France and Britain, the seventh Secretary of State, and the eighth Secretary of War.

As president, Monroe signed the Missouri Compromise, which admitted Missouri as a slave state and banned slavery from territories north of the 36°30′ parallel. 

Monroe sold his small Virginia plantation in 1783 to enter law and politics. He owned multiple properties over the course of his lifetime, but his plantations were never profitable. Although he owned much more land and many more slaves, and speculated in property, he was rarely on site to oversee the operations. Overseers treated the slaves harshly to force production, but the plantations barely broke even. Monroe incurred debts by his lavish and expensive lifestyle and often sold property (including slaves) to pay them off. 

Two years into his presidency, Monroe faced an economic crisis known as the Panic of 1819, the first major depression to hit the country since the ratification of the Constitution. The severity of the economic downturn in the U.S. was compounded by excessive speculation in public lands, fueled by the unrestrained issue of paper money from banks and business concerns.

Before the onset of the Panic of 1819, business leaders had called on Congress to increase tariff rates to address the negative balance of trade and help struggling industries. Monroe declined to call a special session of Congress to address the economy. When Congress finally reconvened in December 1819, Monroe requested an increase in the tariff but declined to recommend specific rates. Congress would not raise tariff rates until the passage of the Tariff of 1824. The panic resulted in high unemployment and an increase in bankruptcies and foreclosures, and provoked popular resentment against banking and business enterprises.

The collapse of the Federalists left Monroe with no organized opposition at the end of his first term, and he ran for reelection unopposed. A single elector from New Hampshire, William Plumer, cast a vote for John Quincy Adams, preventing a unanimous vote in the Electoral College. He did so because he thought Monroe was incompetent. 

---

Henry Clay Sr. (April 12, 1777 – June 29, 1852) was an American attorney and statesman who represented Kentucky in both the U.S. Senate and House of Representatives. He was the seventh House speaker as well as the ninth secretary of state. He unsuccessfully ran for president in the 1824, 1832, and 1844 elections. He helped found both the National Republican Party and the Whig Party. For his role in defusing sectional crises, he earned the appellation of the “Great Compromiser” and was part of the “Great Triumvirate” of Congressmen, alongside fellow Whig Daniel Webster and John C. Calhoun.

[Clay and his family] initially lived in Lexington, but in 1804 they began building a plantation outside of Lexington known as Ashland. The Ashland estate eventually encompassed over 500 acres (200 ha), with numerous outbuildings such as a smokehouse, a greenhouse, and several barns. Enslaved there were 122 during Clay’s lifetime with about 50 needed for farming and the household. 

In early 1819, a dispute erupted over the proposed statehood of Missouri after New York Congressman James Tallmadge introduced a legislative amendment that would provide for the gradual emancipation of Missouri’s slaves. Though Clay had previously called for gradual emancipation in Kentucky, he sided with the Southerners in voting down Tallmadge’s amendment. Clay instead supported Senator Jesse B. Thomas’s compromise proposal in which Missouri would be admitted as a slave state, Maine would be admitted as a free state, and slavery would be forbidden in the territories north of 36° 30’ parallel. Clay helped assemble a coalition that passed the Missouri Compromise, as Thomas’s proposal became known. Further controversy ensued when Missouri’s constitution banned free blacks from entering the state, but Clay was able to engineer another compromise that allowed Missouri to join as a state in August 1821.