#regulatory enforcement

[alwaysbewoke]

[kesarijournal]

Does Meritocracy Reign Supreme in a World Where Box-Checking is King?

**Dateline: The World – January 5, 2024**In a stunning revelation that has left literally no one in shock, it appears that the very institutions we’ve entrusted with the sacred task of molding young minds, ensuring public health, and steering our nations have been doing so with the utmost integrity and merit. Yes, you heard it right. In a world where box-checking for DEI has become the norm,…

[kineticpenguin]

I don't know why people think it's a smart idea to troll the ATF.

[townpostin]

JNAC Conducts Demolition Drive in Sakchi SNP Area

Shops in Basements of Two Buildings Razed Amid Protests Local authorities enforce High Court order, citing violations of approved building plans. JAMSHEDPUR – The Jamshedpur Notified Area Committee (JNAC) carried out a demolition operation against shops illegally constructed in the basements of two buildings in the Sakchi SNP area, sparking protests from local shopkeepers. "We’re enforcing the…

[michellesanches]

Latest AI Regulatory Developments:

As artificial intelligence (AI) continues to transform industries, governments worldwide are responding with evolving regulatory frameworks. These regulatory advancements are shaping how businesses integrate and leverage AI technologies. Understanding these changes and preparing for them is crucial to remain compliant and competitive. Recent Developments in AI Regulation: United Kingdom: The…

[fullhalalalchemist]

URGENT: 🚨🚨EARN IT ACT IS BACK IN THE SENATE 🚨🚨 TUMBLR’S NSFW BAN HITTING THE ENTIRE INTERNET THIS SUMMER 2023

April 28, 2023

I’m so sorry for the long post but please please please pay attention and spread this

What is the EARN IT Act?

The EARN IT Act (s. 1207) has been roundly condemned by nearly every major LGBTQ+ advocacy and human rights organization in the country.

This is the third time the Senate has been trying to force this through, and I talked about it last year. It is a bill that claims "protects children and victims against CSAM" by creating an unelected and politically appointed national commission of law enforcement specialists to dictate "best practices" that websites all across the nation will be forced to follow. (Keep in mind, most websites in the world are created in the US, so this has global ramifications). These "best practices" would include killing encryption so that any law enforcement can scan and see every single message, dm, photo, cloud storage, data, and any website you have every so much as glanced at. Contrary to popular belief, no they actually can't already do that. These "best practices" also create new laws for "removing CSAM" online, leading to mass censorship of non-CSAM content like what happened to tumblr. Keep in mind that groups like NCOSE, an anti-LGBT hate group, will be allowed on this commission. If websites don't follow these best practices, they lose their Section 230 protections, leading to mass censorship either way.

Section 230 is foundational to modern online communications. It's the entire reason social media exists. It grants legal protection to users and websites, and says that websites aren't responsible for what users upload online unless it's criminal. Without Section 230, websites are at the mercy of whatever bullshit regulatory laws any and every US state passes. Imagine if Texas and Florida were allowed to say what you can and can't publish and access online. That is what will happen if EARN IT passes. (For context, Trump wanted to get rid of Section 230 because he knew it would lead to mass govt surveillance and censorship of minorities online.)

This is really not a drill. Anyone who makes or consume anything “adult” and LGBT online has to be prepared to fight Sen. Blumenthal’s EARN IT Act, brought back from the grave by a bipartisan consensus to destroy Section 230. If this bill passes, we’re going to see most, if not all, adult content and accounts removed from mainstream platforms. This will include anything related to LGBT content, including SFW fanfiction, for example. Youtube, Twitter, Reddit, Tiktok, Tumblr, all of them will be completely gutted of anything related to LGBT content, abortion healthcare, resources for victims of any type of abuse, etc. It is a right-wing fascists wet dream, which is why NCOSE is behind this bill and why another name for this bill is named in reference to NCOSE.

NCOSE used to be named Morality in Media, and has rebranded into an "anti-trafficking" organization. They are a hate group that has made millions off of being "against trafficking" while helping almost no victims and pushing for homophobic laws globally. They have successfully pushing the idea that any form of sexual expression, including talking about HEALTH, leads to sex trafficking. That's how SESTA passed. Their goal is to eliminate all sex, anything gay, and everything that goes against their idea of ‘God’ from the internet and hyper disney-fy and sanitize it. This is a highly coordinated attack on multiple fronts.

The EARN IT Act will lead to mass online censorship and surveillance. Platforms will be forced to scan their users’ communications and censor all sex-related content, including sex education, literally anything lgbt, transgender or non-binary education and support systems, aything related to abortion, and sex worker communication according to the ACLU. All this in the name of “protecting kids” and “fighting CSAM”, both of which the bill does nothing of the sort. In fact it makes fighting CSEM even harder.

EARN IT will open the way for politicians to define the category of “pornography" as they — or the lobbies that fund them — please. The same way that right-wing groups have successfully banned books about race and LGBT, are banning trans people from existing, all under the guise of protecting children from "grooming and exploitation", is how they will successfully censor the internet.

As long as state legislatures can tie in "fighting CSAM" to their bullshit laws, they can use EARN IT to censor and surveill whatever they want.

This is already a nightmare enough. But the bill also DESTROYS ENCRYPTION, you know, the thing protecting literally anyone or any govt entity from going into your private messages and emails and anything on your devices and spying on you.

This bill is going to finish what FOSTA/SESTA started. And that should terrify you.

Senator Blumenthal (Same guy who said ‘Facebook should ban finsta’) pushed this bill all of 2020, literally every activist (There were more than half a million signatures on this site opposing this act!) pushed hard to stop this bill. Now he brings it back, doesn’t show the text of the bill until hours later, and it’s WORSE. Instead of fixing literally anything in the bill that might actually protect kids online, Bluemnthal is hoping to fast track this and shove it through, hoping to get little media attention other than propaganda of “protecting kids” to support this shitty legislation that will harm kids. Blumental doesn't care about protecting anyone, and only wants his name in headlines.

It will make CSAM much much worse.

One of the many reasons this bill is so dangerous: It totally misunderstands how Section 230 works, and in doing so (as with FOSTA) it is likely to make the very real problem of CSAM worse, not better. Section 230 gives companies the flexibility to try different approaches to dealing with various content moderation challenges. It allows for greater and greater experimentation and adjustments as they learn what works – without fear of liability for any “failure.” Removing Section 230 protections does the opposite. It says if you do anything, you may face crippling legal liability. This actually makes companies less willing to do anything that involves trying to seek out, take down, and report CSAM because of the greatly increased liability that comes with admitting that there is CSAM on your platform to search for and deal with. This liability would allow anyone for any reason to sue any platform they want, suing smaller ones out of existence. Look at what is happening right now with book bans across the nation with far right groups. This is going to happen to the internet if this bill passes.

(Remember, the state department released a report in December 2021 recommending that the government crack down on “obscenity” as hard the Reagan Administration did. If this bill passes, it could easily go way beyond shit red states are currently trying. It is a goldmine for the fascist right that is currently in the middle of banning every book that talks about race and sexuality across the US.)

The reason these bills keep showing up is because there is this false lie spread by organizations like NCOSE that platforms do nothing about CSEM online. However, platforms are already liable for child sexual exploitation under federal law. Tech companies sent more than 45 million+ instances of CSAM to the DOJ in 2019 alone, most of which they declined to investigate. This shows that platforms are actually doing everything in their power already to stop CSEM by following already existing laws. The Earn It Act includes zero resources for proven investigation or prevention programs. If Senator Bluementhal actually cared about protecting youth, why wouldn’t he include anything to actually protect them in his shitty horrible bill? EARN IT is actually likely to make prosecuting child molesters more difficult since evidence collected this way likely violates the Fourth Amendment and would be inadmissible in court.

I don’t know why so many Senators are eager to cosponsor the “make child pornography worse” bill, but here we are.

HOW TO FIGHT BACK

EARN IT Act was introduced just two weeks ago and is already being fast-tracked. It will be marked up the week of May 1st and head to the Senate floor immediately after. If there is no loud and consistent opposition, it will be law by JUNE! Most bills never go to markup, so this means they are putting pressure to move this through. There are already 20 co-sponsors, a fifth of the entire Senate. This is an uphill battle and it is very much all hands on deck.

CALL YOUR REPRESENTATIVES.

This website takes you to your Senator / House members contact info. EMAIL, MESSAGE, SEND LETTERS, CALL CALL CALL CALL CALL. Calling is the BEST way to get a message through. Get your family and friends to send calls too. This is literally the end of free speech online.

(202) 224-3121 connects you to the congressional hotline. Here is a call script if you don't know what to say. Call them every day. Even on the weekends, leaving voicemails are fine.

2. Sign these petitions!

Link to Petition 1

Link to Petition 2

3. SPREAD THE WORD ONLINE

If you have any social media, spread this online. One of the best ways we fought back against this last year was MASSIVE spread online. Tiktok, reddit, twitter, discord, whatever means you have at least mention it. We could see most social media die out by this fall if we don't fight back.

Here is a linktree with more information on this bill including a masterpost of articles, the links to petitions, and the call script.

DISCORD LINK IF YOU WANT TO HELP FIGHT IT

TLDR: The EARN IT Act will lead to online censorship of any and all adult & lgbt content across the entire internet, open the floodgates to mass surveillance the likes which we haven’t seen before, lead to much more CSEM being distributed online, and destroy encryption. Call 202-224-3121 to connect to your house and senate representative and tell them to VOTE NO on this bill that does not protect anyone and harms everyone.

[cannabisbusinessexecutive]

Audit: Michigan Cannabis Regulatory Agency effective, should speed up disciplinary actions

When Michigan Gov. Gretchen Whitmer named Brian Hanna as the acting executive director of the state’s Cannabis Regulatory Agency nearly a year ago (he later was named the executive director), he quickly communicated his priority: Illicit cannabis is an issue that needs to be addressed and licensees who weren’t following the rules would be exposed. An audit of the agency released Thursday by the…

[eeitonline]

Unlocking Entrepreneurship: Creating a Culture of Business in Eastern Europe

by Eastern European Institute for Trade

Eastern Europe has long been recognized as a region with untapped potential for entrepreneurial activity. However, fostering a culture of entrepreneurship has proven challenging due to historical, political, and economic factors. This article explores the key elements necessary to unlock entrepreneurship in Eastern Europe, including regulatory changes, access to financing, education and training, and the development of a supportive ecosystem. To create a thriving entrepreneurial culture, it is crucial to address these factors and learn from best practices around the world.

Regulatory changes are essential in establishing an environment conducive to business creation and growth. By simplifying bureaucratic procedures and eliminating unnecessary red tape, countries can encourage the establishment of new businesses (Klapper, Laeven, & Rajan, 2006). Furthermore, implementing policies that protect property rights, ensure contract enforcement, and create a level playing field for competition can increase entrepreneurial activity (Djankov, La Porta, López-de-Silanes, & Shleifer, 2002).

Access to financing is a critical aspect of entrepreneurship, as it allows individuals to start and expand their businesses. Eastern European countries should work on developing a robust financial system that caters to the needs of small and medium-sized enterprises (SMEs) (Beck, Demirgüç-Kunt, & Maksimovic, 2005). This includes providing alternative financing options, such as venture capital and crowdfunding, to complement traditional bank loans.

Education and training play a vital role in shaping entrepreneurial mindsets and equipping individuals with the skills necessary to succeed in business. Eastern European countries should invest in education that promotes creativity, problem-solving, and risk-taking, as well as provide training programs tailored to the specific needs of entrepreneurs (Piperopoulos & Dimov, 2015). This includes fostering university-industry collaborations and promoting innovation through research and development.

Lastly, creating a supportive ecosystem for entrepreneurs is imperative. Networking opportunities, mentorship programs, and business incubators can all contribute to the growth and success of new ventures (Acs, Autio, & Szerb, 2014). In addition, fostering a culture of collaboration and knowledge-sharing can help entrepreneurs overcome challenges and learn from one another.

By addressing these key elements, Eastern European countries can unlock the potential of their entrepreneurial talent and create a thriving culture of business. This, in turn, will contribute to economic growth, job creation, and a more vibrant and diverse economy.

References:

Acs, Z. J., Autio, E., & Szerb, L. (2014). National systems of entrepreneurship: Measurement issues and policy implications. Research Policy, 43(3), 476–494.

Beck, T., Demirgüç-Kunt, A., & Maksimovic, V. (2005). Financial and legal constraints to growth: Does firm size matter? The Journal of Finance, 60(1), 137–177.

Djankov, S., La Porta, R., López-de-Silanes, F., & Shleifer, A. (2002). The regulation of entry. The Quarterly Journal of Economics, 117(1), 1–37.

Klapper, L., Laeven, L., & Rajan, R. (2006). Entry regulation as a barrier to entrepreneurship. Journal of Financial Economics, 82(3), 591–629.

Piperopoulos, P., & Dimov, D. (2015). Burst bubbles or build steam? Entrepreneurship education, entrepreneurial self-efficacy, and entrepreneurial intentions. Journal of Small Business Management, 53(4), 970–985.

Read more at Eastern European Institute for Trade.

[corpzoventuresprivatelimited]

Legal and regulatory enforcement must be handled as an integral part of every corporate strategy. The executive board and management must consider the scope and consequences of the company's relevant laws and regulations. They need to set up a compliance management system as a supporting risk management program, as it significantly reduces enforcement risk.

[ilucyliu-blog]

Fraudulent Cryptocurrency Abounds

With indictments and massive fines being announced almost daily, it is becoming increasingly difficult to differentiate between legitimate crypto activity and companies like Binance, and fringe fraud. A year ago, a typical cryptocurrency headline that would grab your attention would be about some obscure coin that suddenly skyrocketed in value. Nowadays, a typical headline about cryptocurrency…

[mostlysignssomeportents]

NLRB rules that any union busting triggers automatic union recognition

Tonight (September 6) at 7pm, I'll be hosting Naomi Klein at the LA Public Library for the launch of Doppelganger.

On September 12 at 7pm, I'll be at Toronto's Another Story Bookshop with my new book The Internet Con: How to Seize the Means of Computation.

American support for unions is at its highest level in generations, from 70% (general population) to 88% (Millenials) – and yet, American unionization rates are pathetic.

That's about to change.

The National Labor Relations Board just handed down a landmark ruling – the Cemex case – that "brought worker rights back from the dead."

https://prospect.org/labor/2023-08-28-bidens-nlrb-brings-workers-rights-back/

At issue in Cemex was what the NLRB should do about employers that violate labor law during union drives. For decades, even the most flagrantly illegal union-busting was met with a wrist-slap. For example, if a boss threatened or fired an employee for participating in a union drive, the NLRB would typically issue a small fine and order the employer to re-hire the worker and provide back-pay.

Everyone knows that "a fine is a price." The NLRB's toothless response to cheating presented an easily solved equation for corrupt, union-hating bosses: if the fine amounts to less than the total, lifetime costs of paying a fair wage and offering fair labor conditions, you should cheat – hell, it's practically a fiduciary duty:

https://www.jstor.org/stable/10.1086/468061

Enter the Cemex ruling: once a majority of workers have signed a union card, any Unfair Labor Practice by their employer triggers immediate, automatic recognition of the union. In other words, the NLRB has fitted a tilt sensor in the American labor pinball machine, and if the boss tries to cheat, they automatically lose.

Cemex is a complete 180, a radical transformation of the American labor regulator from a figleaf that legitimized union busting to an actual enforcer, upholding the law that Congress passed, rather than the law that America's oligarchs wish Congress had passed. It represents a turning point in the system of lawless impunity for American plutocracy.

In the words of Frank Wilhoit, it is is a repudiation of the conservative dogma: "There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect":

https://crookedtimber.org/2018/03/21/liberals-against-progressives/#comment-729288

It's also a stunning example of what regulatory competence looks like. The Biden administration is a decidedly mixed bag. On the one hand there are empty suits masquerading as technocrats, champions of the party's centrist wing (slogan: "Everything is fine and change is impossible"):

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

But the progressive, Sanders/Warren wing of the party installed some fantastically competent, hard-charging, principled fighters, who are chapter-and-verse on their regulatory authority and have the courage to use that authority:

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

They embody the old joke about the photocopier technician who charges "$1 to kick the photocopier and $79 to know where to kick it." The best Biden appointees have their boots firmly laced, and they're kicking that mother:

https://pluralistic.net/2023/08/16/the-second-best-time-is-now/#the-point-of-a-system-is-what-it-does

One such expert kicker is NLRB General Counsel Jennifer Abruzzo. Abruzzo has taken a series of muscular, bold moves to protect American workers, turning the tide in the class war that the 1% has waged on workers since the Reagan administration. For example, Abruzzo is working to turn worker misclassification – the fiction that an employee is a small business contracting with their boss, a staple of the "gig economy" – into an Unfair Labor Practice:

https://pluralistic.net/2022/01/10/see-you-in-the-funny-papers/bidens-legacy

She's also waging war on robo-scab companies: app-based employment "platforms" like Instawork that are used to recruit workers to cross picket lines, under threat of being blocked from the app and blackballed by hundreds of local employers:

https://pluralistic.net/2023/07/30/computer-says-scab/#instawork

With Cemex, Abruzzo is restoring a century-old labor principle that has been gathering dust for generations: the idea that workers have the right to organize workplace gemocracies without fear of retaliation, harassment, or reprisals.

But as Harold Meyerson writes for The American Prospect, the Cemex ruling has its limits. Even if the NLRB forces and employer to recognize a union, they can't force the employer to bargain in good faith for a union contract. The National Labor Relations Act prohibits the Board from imposing a contract.

That's created a loophole that corrupt bosses have driven entire fleets of trucks through. Workers who attain union recognition face years-long struggles to win a contract, as their bosses walk away from negotiations or offer farcical "bargaining positions" in the expectation that they'll be rejected, prolonging the delay.

Democrats have been trying to fix this loophole since the LBJ years, but they've been repeatedly blocked in the senate. But Abruzzo is a consummate photocopier kicker, and she's taking aim. In Thrive Pet Healthcare, Abruzzo has argued that failing to bargain in good faith for a contract is itself an Unfair Labor Practice. That means the NLRB has the authority to act to correct it – they can't order a contract, but they can order the employer to give workers "wages, benefits, hours, and such that are comparable to those provided by comparable unionized companies in their field."

Mitch McConnell is a piece of shit, but he's no slouch at kicking photocopiers himself. For a whole year, McConnell has blocked senate confirmation hearings to fill a vacant seat on the NLRB. In the short term, this meant that the three Dems on the board were able to hand down these bold rulings without worrying about their GOP colleagues.

But McConnell was playing a long game. Board member Gwynne Wilcox's term is about to expire. If her seat remains vacant, the three remaining board members won't be able to form a quorum, and the NLRB won't be able to do anything.

As Meyerson writes, centrist Dems have refused to push McConnell on this, hoping for comity and not wanting to violate decorum. But Chuck Schumer has finally bestirred himself to fight this issue, and Alaska GOP senator Lisa Murkowski has already broken with her party to move Wilcox's confirmation to a floor vote.

The work of enforcers like DoJ Antitrust Division boss Jonathan Kanter, FTC chair Lina Khan, and SEC chair Gary Gensler is at the heart of Bidenomics: the muscular, fearless deployment of existing regulatory authority to make life better for everyday Americans.

But of course, "existing regulatory authority" isn't the last word. The judges filling stolen seats on the illegitimate Supreme Court had invented the "major questions doctrine" and have used it as a club to attack Biden's photocopier-kickers. There's real danger that Cemex – and other key actions – will get fast-tracked to SCOTUS so the dotards in robes can shatter our dreams for a better America.

Meyerson is cautiously optimistic here. At 40% (!), the Court's approval rating is at a low not seen since the New Deal showdowns. The Supremes don't have an army, they don't have cops, they just have legitimacy. If Americans refuse to acknowledge their decisions, all they can do it sit and stew:

https://pluralistic.net/2023/05/26/mint-the-coin-etc-etc/#blitz-em

The Court knows this. That's why they fume so publicly about attacks on their legitimacy. Without legitimacy, they're nothing. With the Supremes' support at 40% and union support at 70%, any judicial attack on Cemex could trigger term-limits, court-packing, and other doomsday scenarios that will haunt the relatively young judges for decades, as the seats they stole dwindle into irrelevance. Meyerson predicts that this will weigh on them, and may stay their hands.

Meyerson might be wrong, of course. No one ever lost money betting on the self-destructive hubris of Federalist Society judges. But even if he's wrong, his point is important. If the Supremes frustrate the democratic will of the American people, we have to smash the Supremes. Term limits, court-packing, whatever it takes:

https://pluralistic.net/2020/09/20/judicial-equilibria/#pack-the-court

And the more we talk about this – the more we make this consequence explicit – the more it will weigh on them, and the better the chance that they'll surprise us. That's already happening! The Supremes just crushed the Sackler opioid crime-family's dream of keeping their billions in blood-money:

https://pluralistic.net/2023/08/11/justice-delayed/#justice-redeemed

But if it doesn't stop them? If they crush this dream, too? Pack the court. Impose term limits. Make it the issue. Don't apologize, don't shrug it off, don't succumb to learned helplessness. Make it our demand. Make it a litmus test: "If elected, will you vote to pack the court and clear the way for democratic legitimacy?"

Meanwhile, Cemex is already bearing fruit. After an NYC Trader Joe's violated the law to keep Trader Joe's United from organizing a store, the workers there have petitioned to have their union automatically recognized under the Cemex rule:

https://truthout.org/articles/trader-joes-union-files-to-force-company-to-recognize-union-under-new-nlrb-rule/

With the NLRB clearing the regulatory obstacles to union recognition, America's largest unions are awakening from their own long slumbers. For decades, unions have spent a desultory 3% of their budgets on organizing workers into new locals. But a leadership upset in the AFL-CIO has unions ready to catch a wave with the young workers and their 88% approval rating, with a massive planned organizing drive:

https://prospect.org/labor/labors-john-l-lewis-moment/

Meyerson calls on other large unions to follow suit, and the unions seem ready to do so, with new leaders and new militancy at the Teamsters and UAW, and with SEIU members at unionized Starbucks waiting for their first contracts.

Turning union-supporting workers into unionized workers is key to fighting Supreme Court sabotage. Organized labor will give fighters like Abruzzo the political cover she needs to Get Shit Done. A better America is possible. It's within our grasp. Though there is a long way to go, we are winning crucial victories all the time.

The centrist message that everything is fine and change is impossible is designed to demoralize you, to win the fight in your mind so they don't have to win it in the streets and in the jobsite. We don't have to give them that victory. It's ours for the taking.

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/2023/09/06/goons-ginks-and-company-finks

[kesarijournal]

The Curious Case of the Honorable Travel Agents and the Migration Mirage: A Tragicomedy from Punjab

Once upon a time, in the land of five rivers, where dreams of foreign lands flourish like the crops in its fertile fields, the Punjab Government (Akali Dal Badal) decided to sprinkle a bit of regulatory magic dust over the profession of travel agents. With a wave of their legislative wand, they declared, “Let there be order!” And thus, the travel agents were ushered under the watchful eyes of the…

[justinspoliticalcorner]

President Biden set to announce support for major Supreme Court reforms

Tyler Pager and Michael Scherer at WaPo:

President Biden is finalizing plans to endorse major changes to the Supreme Court in the coming weeks, including proposals for legislation to establish term limits for the justices and an enforceable ethics code, according to two people briefed on the plans.

He is also weighing whether to call for a constitutional amendment to eliminate broad immunity for presidents and other constitutional officeholders, the people said, speaking on the condition of anonymity to discuss private deliberations. The announcement would mark a major shift for Biden, a former chair of the Senate Judiciary Committee, who has long resisted calls to make substantive changes to the high court. The potential changes come in response to growing outrage among his supporters about recent ethics scandals surrounding Justice Clarence Thomas and decisions by the new court majority that have changed legal precedent on issues including abortion and federal regulatory powers. Biden previewed the shift in a Zoom call Saturday with the Congressional Progressive Caucus. [...]

Term limits and an ethics code would be subject to congressional approval, which would face long odds in the Republican-controlled House and a slim Democratic majority in the Senate. Under current rules, passage in the Senate would require 60 votes. A constitutional amendment requires even more hurdles, including two-thirds support of both chambers, or by a convention of two-thirds of the states, and then approval by three-fourths of state legislatures. The details of Biden’s considered policies have not been disclosed. A White House spokesperson declined to comment.

[...] Eight Democratic senators have co-sponsored a bill that would establish 18-year terms for Supreme Court justices, with a new justice appointed every two years. The nine most recently appointed justices would sit for appellate jurisdiction cases, while others would be able to hear original jurisdiction cases or to step in as a substitute if one of the most recent nine is conflicted or cannot hear a case for another reason.

Good News! President Joe Biden set to endorse major reforms to SCOTUS, such as term limits and an ethics code with actual teeth.

[simply-ivanka]

Elon Musk and Vivek Ramaswamy: The DOGE Plan to Reform Government

Following the Supreme Court’s guidance, we’ll reverse a decades long executive power grab.

By Elon Musk and Vivek Ramaswamy

Wall Street Journal

November 20, 2024

Our nation was founded on the basic idea that the people we elect run the government. That isn’t how America functions today. Most legal edicts aren’t laws enacted by Congress but “rules and regulations” promulgated by unelected bureaucrats—tens of thousands of them each year. Most government enforcement decisions and discretionary expenditures aren’t made by the democratically elected president or even his political appointees but by millions of unelected, unappointed civil servants within government agencies who view themselves as immune from firing thanks to civil-service protections.

This is antidemocratic and antithetical to the Founders’ vision. It imposes massive direct and indirect costs on taxpayers. Thankfully, we have a historic opportunity to solve the problem. On Nov. 5, voters decisively elected Donald Trump with a mandate for sweeping change, and they deserve to get it.

President Trump has asked the two of us to lead a newly formed Department of Government Efficiency, or DOGE, to cut the federal government down to size. The entrenched and ever-growing bureaucracy represents an existential threat to our republic, and politicians have abetted it for too long. That’s why we’re doing things differently. We are entrepreneurs, not politicians. We will serve as outside volunteers, not federal officials or employees. Unlike government commissions or advisory committees, we won’t just write reports or cut ribbons. We’ll cut costs.

We are assisting the Trump transition team to identify and hire a lean team of small-government crusaders, including some of the sharpest technical and legal minds in America. This team will work in the new administration closely with the White House Office of Management and Budget. The two of us will advise DOGE at every step to pursue three major kinds of reform: regulatory rescissions, administrative reductions and cost savings. We will focus particularly on driving change through executive action based on existing legislation rather than by passing new laws. Our North Star for reform will be the U.S. Constitution, with a focus on two critical Supreme Court rulings issued during President Biden’s tenure.

In West Virginia v. Environmental Protection Agency (2022), the justices held that agencies can’t impose regulations dealing with major economic or policy questions unless Congress specifically authorizes them to do so. In Loper Bright v. Raimondo (2024), the court overturned the Chevron doctrine and held that federal courts should no longer defer to federal agencies’ interpretations of the law or their own rulemaking authority. Together, these cases suggest that a plethora of current federal regulations exceed the authority Congress has granted under the law.

DOGE will work with legal experts embedded in government agencies, aided by advanced technology, to apply these rulings to federal regulations enacted by such agencies. DOGE will present this list of regulations to President Trump, who can, by executive action, immediately pause the enforcement of those regulations and initiate the process for review and rescission. This would liberate individuals and businesses from illicit regulations never passed by Congress and stimulate the U.S. economy.

When the president nullifies thousands of such regulations, critics will allege executive overreach. In fact, it will be correcting the executive overreach of thousands of regulations promulgated by administrative fiat that were never authorized by Congress. The president owes lawmaking deference to Congress, not to bureaucrats deep within federal agencies. The use of executive orders to substitute for lawmaking by adding burdensome new rules is a constitutional affront, but the use of executive orders to roll back regulations that wrongly bypassed Congress is legitimate and necessary to comply with the Supreme Court’s recent mandates. And after those regulations are fully rescinded, a future president couldn’t simply flip the switch and revive them but would instead have to ask Congress to do so.

A drastic reduction in federal regulations provides sound industrial logic for mass head-count reductions across the federal bureaucracy. DOGE intends to work with embedded appointees in agencies to identify the minimum number of employees required at an agency for it to perform its constitutionally permissible and statutorily mandated functions. The number of federal employees to cut should be at least proportionate to the number of federal regulations that are nullified: Not only are fewer employees required to enforce fewer regulations, but the agency would produce fewer regulations once its scope of authority is properly limited. Employees whose positions are eliminated deserve to be treated with respect, and DOGE’s goal is to help support their transition into the private sector. The president can use existing laws to give them incentives for early retirement and to make voluntary severance payments to facilitate a graceful exit.

Conventional wisdom holds that statutory civil-service protections stop the president or even his political appointees from firing federal workers. The purpose of these protections is to protect employees from political retaliation. But the statute allows for “reductions in force” that don’t target specific employees. The statute further empowers the president to “prescribe rules governing the competitive service.” That power is broad. Previous presidents have used it to amend the civil service rules by executive order, and the Supreme Court has held—in Franklin v. Massachusetts (1992) and Collins v. Yellen (2021) that they weren’t constrained by the Administrative Procedures Act when they did so. With this authority, Mr. Trump can implement any number of “rules governing the competitive service” that would curtail administrative overgrowth, from large-scale firings to relocation of federal agencies out of the Washington area. Requiring federal employees to come to the office five days a week would result in a wave of voluntary terminations that we welcome: If federal employees don’t want to show up, American taxpayers shouldn’t pay them for the Covid-era privilege of staying home.

Finally, we are focused on delivering cost savings for taxpayers. Skeptics question how much federal spending DOGE can tame through executive action alone. They point to the 1974 Impoundment Control Act, which stops the president from ceasing expenditures authorized by Congress. Mr. Trump has previously suggested this statute is unconstitutional, and we believe the current Supreme Court would likely side with him on this question. But even without relying on that view, DOGE will help end federal overspending by taking aim at the $500 billion plus in annual federal expenditures that are unauthorized by Congress or being used in ways that Congress never intended, from $535 million a year to the Corporation for Public Broadcasting and $1.5 billion for grants to international organizations to nearly $300 million to progressive groups like Planned Parenthood.

The federal government’s procurement process is also badly broken. Many federal contracts have gone unexamined for years. Large-scale audits conducted during a temporary suspension of payments would yield significant savings. The Pentagon recently failed its seventh consecutive audit, suggesting that the agency’s leadership has little idea how its annual budget of more than $800 billion is spent. Critics claim that we can’t meaningfully close the federal deficit without taking aim at entitlement programs like Medicare and Medicaid, which require Congress to shrink. But this deflects attention from the sheer magnitude of waste, fraud and abuse that nearly all taxpayers wish to end—and that DOGE aims to address by identifying pinpoint executive actions that would result in immediate savings for taxpayers.

With a decisive electoral mandate and a 6-3 conservative majority on the Supreme Court, DOGE has a historic opportunity for structural reductions in the federal government. We are prepared for the onslaught from entrenched interests in Washington. We expect to prevail. Now is the moment for decisive action. Our top goal for DOGE is to eliminate the need for its existence by July 4, 2026—the expiration date we have set for our project. There is no better birthday gift to our nation on its 250th anniversary than to deliver a federal government that would make our Founders proud.

[fans4wga]

Writers Guild West Official: Era of Hollywood Mergers Hastened the Strike

August 10, 2023

Laura Blum-Smith, the Writers Guild of America West’s director of research and public policy, considers the strike a result of a tsunami of Hollywood mergers that has handed studios and streamers the power to its exploit workers.

“Harmful mergers and attempts to monopolize markets are a recurring theme in the history of media and entertainment, and they are a key part of what led 11,500 writers to go on strike more than 100 days ago against their employers,” Blum-Smith said on Thursday at an event with the Federal Trade Commission and Department of Justice over new merger guidelines unveiled in July.

She pointed to Disney, Amazon and Netflix as companies that “gained power through anticompetitive consolidation and vertical integration,” allowing them to impose “more and more precarious working conditions, increasingly short term employment and lower pay for writers and other workers across the industry.” But she sees revisions to the merger guidelines that address labor concerns a key part of the solution to prevent further mergers in the entertainment industry moving forward.

“The FTC and DOJ’s new draft merger guidelines are part of a deeply necessary effort to revive antitrust enforcement,” she added. “Compared with earlier guidelines, the new ones are much more skeptical of the idea that mergers are the natural way for companies to grow. And they focus more on the various ways mergers hurt competition, including how mergers impact workers.”

In July, the FTC and DOJ jointly released a new road map for regulatory review of mergers. They require companies to consider the impact of proposed transactions on labor, signaling that the agencies intend to review whether mergers could negatively impact wages and working conditions. FTC commissioner Alvaro Bedoya, who was joined by agency chair Lina Khan, said in a statement about the guidelines that “a merger that may substantially lessen competition for workers will not be immunized by a prediction that predicted savings from a merger will be passed on to consumers.” Historically, transactions have been considered mostly through the lens of benefits to consumers.

The guidelines lack the force of law but influence the way in which judges consider lawsuits to block proposed transactions. They also tell the public how competition enforcers will assess the potential for a merger’s harm to competition.

Antitrust enforcers have steadily been taking notice of negative impacts to labor as a result of industry consolidation. “We’ve heard concerns that a handful of companies may now again be controlling the bulk of the entertainment supply chain from content creation to distribution,” Khan said last year during a listening forum over revisions to the guidelines, in a nod to anticompetitive conduct by studios that led to the Paramount Decrees. “We’ve heard concerns that this type of consolidation and integration can enable firms to exert market power over creators and workers alike.”

Adam Conover, writer and WGA board member, said in that April 2022 forum that his show Adam Ruins Everything was killed by AT&T’s acquisition of Time Warner in 2018 when TruTV’s parent company forced the network to cut costs. He stressed that a handful of companies “now control the production and distribution of almost all entertainment content available to the American public,” allowing them to “more easily hold down our wages and set onerous terms for our employment.” It’s not just writers that are impacted by an overly consolidated Hollywood either, he explained. After Disney acquired 21st Century Fox in 2019, he said that the studios pushed the industry into ending backend participation and trapping actors in exclusive contracts preventing them from pursuing other work.

Blum-Smith said that aggressive competition enforcement is necessary as “Wall Street continues to push for more consolidation among our employers despite the industry’s history of mergers that failed to deliver any of the consumer benefits they’ve claimed that left writers and audiences worse off with less diversity of content and fewer choices.”

“More mergers will leave writers with even fewer places to sell their work and tell their stories and the remaining companies will have even more power to lower pay and worsen working conditions,” she warned. “Strong enforcement against mergers is essential to protect workers in media and workers across the country and these guidelines are an important step in the right direction.”

[why-animals-do-the-thing]

Y'all regularly send in questions wanting to know how to report concerns you've observed at zoos you've visited. I've been able to point people at the USDA (regulatory) option, but with regard to accrediting groups I haven't had a good answer. I spent the last six months or so really digging into why there hasn't been a good answer. What I've found is that the majority of zoological accrediting groups in the United States don't provide any way for the public to report issues they've observed at accredited facilities, and none of said organizations have a mechanism for truly supporting / protecting staff who might choose to report issues at their own facilities. Which is. not great.

I wrote a whole Substack post about it a few days ago, arguing that in order to remain credible institutions accrediting groups must facilitate public reporting, anonymous reporting, and commit to enforcing penalties for any retaliation against staff who choose to utilize the option. I'm linking it below for anyone who is interested in all the details. CW at the beginning for animal abuse mentions - I started the piece by discussing a truly egregious welfare situation that occurred last year at a Miami facility, which might have been prevented or at least caught earlier if the two groups that accredit the facility had had a reporting mechanism in place.

What I want to talk about here, though, is specifically why accrediting orgs need to not only have an anonymous reporting option for staff, but why they must ban retaliation and penalize any facility that does it anyway. Whenever something terrible happens at a zoo or sanctuary, people always ask "why didn't the staff say something?" And the answer is, basically, because taking that risk can get you not just fired, but blacklisted from the field. People literally end up having to choose between their careers and making noise about issues that aren't being resolved, and that's absolutely not freaking okay. But I want to explain for you the extent of the issue.

If you're not industry, something you might be surprised to learn is that most zoo staff don't have any special reporting options above and beyond what the public does. Most zookeepers and other low-level staff never interact with people from accrediting groups except during an actual inspection - so if there's a problem, it's not like they know someone they can back-channel a concern to if they don't feel safe reporting it publicly. And for the most part, reporting things your facility is doing to an accrediting group will always be considered inappropriate and probably get a keeper in trouble (even if it's a really valid issue).

The zoological industry runs on a strongly hierarchical system. Staff are expected to “stay within their lanes” and work within the established bureaucracy to resolve issues. Deviating from this, if staff feel like management are suppressing issues or something needs to be addressed urgently, is very heavily frowned upon. Basically, going around management to bring something to an accrediting group (or USDA, or the media) is seen as indicating that your facility has failed to address a problem, or that the individual making the report feels they know more than their superiors. At most places, no matter how extreme an issue may become, there's never a point at which it would be acceptable for a staff member to reveal a facility’s internal issues to their accrediting body. 

The thing is, attempting to resolve issues through the proper internal channels at a facility doesn't always work! It can result in an issue being covered up (especially if the company is kinda shady) or suppressed rather than addressed. If staff decide to push the issue, it can really backfire and jeopardize their job, because it's expected that if management says something is fine, staff need to acquiesce and go along with it.

There have been a couple high-profile examples of this in the last decade: the incident I mention in my Substack where new management at the Miami Seaquarium decided to starve dolphins to coerce them into participating in guest programs, and an issue at the Austin Zoo five-ish years ago where the director was perpetuating serious welfare issues and ignoring staff feedback. In both cases, there's always the questions of where the accrediting group was. We don't know anything about what happened with the Seaquarium (it's been over six months since the USDA report documenting the diet cuts was released and AMMPA and American Humane haven't said a thing), but I remember hearing that ZAA had no idea what was happening at Austin because nobody had reached out to them about it.

This is why I'm arguing that all zoological accrediting groups need to make visible reporting options and make sure staff feel safe enough to use them! If you've got a facility perpetuating or not dealing with major issues, it's pretty probable that they're going to be unhappy if their staff reports those issues to any oversight body. That's not a situation where it's currently safe to speak up right now - and four out of five zoological accrediting groups in the US don't have standards prohibiting retaliation against staff for bringing up issues like that! (Surprisingly, it's not AZA. It's the sanctuary accrediting group, GFAS). Without any option for internal reporting, issues may not get addressed - which hurts animal welfare - or people risk losing their job, possibly their entire career in the field (which is a huge part of people's identities!), and their financial stability to advocate for their animals.

Currently, the two accrediting groups that do have reporting options (AZA and GFAS) stay they'll attempt to keep reports anonymous, but acknowledge it may not be possible to do so. (Which tracks, because zoo jobs are highly specialized and only a few people may be exposed to an issue). However, only GFAS prohibits facilities from retaliating against people who make reports. On top of that, there's absolutely no transparency about what happens next: GFAS, ZAA, AMMPA and AH have no information about how the process transpires and if someone making a report will get any information back about what happened. AZA straight up says that all accreditation stuff is proprietary (read: confidential) so you just have to trust that they dealt with it appropriately. Just yeet your report into the void and hope the groups doing oversight handle it correctly when there's no accountability? That's... not a great look for animal welfare concerns.

I hope the industry chooses to fix this problem. I hope it chooses to invest in transparency and increased credibility. I don't know what I expect, but I'd like to see these accrediting groups do the right thing.

My full write-up on how accrediting groups in the US handle reporting and concerns (or don't) is linked below.