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In this new episode, Ben and Glenn explore the fallout from the Capitol riot, the spate of Silicon Valley censorship in response, what appears to be a liberal desire for a new War on Terror, and whether Elizabeth Warren really loves Bailey.
As previously noted, AFTER HOURS is intended to be a more conversational and sometimes-though-not-always lighter ex…
Prisão Preventiva e Abusos Judiciários: Lava Jato, Crivella, Oswaldo: com Augusto de Arruda Botelho – Aprofundando #3
No terceiro episódio do podcast Aprofundando, Glenn Greenwald e Victor Pougy conversam com o advogado criminalista Augusto de Arruda Botelho sobre prisão preventiva e como a operação Lava-Jato utilizou essa instituição de forma abusiva, e outras questões referentes às garantias constitucionais.
Além do abuso desse poder por Lava Jato, discutimos casos recentes polêmicos de prisão preventiva e censura: os casos do ex-prefeito do Rio Marcello Crivella, e a investigação do STF liderada pelo Ministro Alexandre de Moraes contra vários blogueiros bolsonaristas, incluindo Oswaldo Eustáquio, Sara Winter, Allan dos Santos e outros.
Augusto de Arruda Botelho é um advogado criminalista com atuação na defesa dos direitos fundamentais. É membro conselheiro da Human Rights Watch Brasil, e um dos fundadores do Instituto de Defesa do Direito de Defesa e do Projeto Aliança.
Siga o Augusto no twitter: https://twitter.com/augustodeAB
Siga o Glenn no twitter: twitter.com/ggreenwald
Leia o Glenn em: greenwald.substack.com/
Siga o Victor no twitter: twitter.com/vpougy
Critics of Silicon Valley censorship for years heard the same refrain: tech platforms like Facebook, Google and Twitter are private corporations and can host or ban whoever they want. If you don’t like what they are doing, the solution is not to complain or to regulate them. Instead, go create your own social media platform that operates the way you think it should.
The founders of Parler heard that suggestion and tried. In August, 2018, they created a social media platform similar to Twitter but which promised far greater privacy protections, including a refusal to aggregate user data in order to monetize them to advertisers or algorithmically evaluate their interests in order to promote content or products to them. They also promised far greater free speech rights, rejecting the increasingly repressive content policing of Silicon Valley giants.
Over the last year, Parler encountered immense success. Millions of people who objected to increasing repression of speech on the largest platforms or who had themselves been banned signed up for the new social media company.
As Silicon Valley censorship radically escalated over the past several months — banning pre-election reporting by The New York Post about the Biden family, denouncing and deleting multiple posts from the U.S. President and then terminating his access altogether, mass-removal of right-wing accounts — so many people migrated to Parler that it was catapulted to the number one spot on the list of most-downloaded apps on the Apple Play Store, the sole and exclusive means which iPhone users have to download apps. “Overall, the app was the 10th most downloaded social media app in 2020 with 8.1 million new installs,” reported TechCrunch.
It looked as if Parler had proven critics of Silicon Valley monopolistic power wrong. Their success showed that it was possible after all to create a new social media platform to compete with Facebook, Instagram and Twitter. And they did so by doing exactly what Silicon Valley defenders long insisted should be done: if you don’t like the rules imposed by tech giants, go create your own platform with different rules.
But today, if you want to download, sign up for, or use Parler, you will be unable to do so. That is because three Silicon Valley monopolies — Amazon, Google and Apple — abruptly united to remove Parler from the internet, exactly at the moment when it became the most-downloaded app in the country.
If one were looking for evidence to demonstrate that these tech behemoths are, in fact, monopolies that engage in anti-competitive behavior in violation of antitrust laws, and will obliterate any attempt to compete with them in the marketplace, it would be difficult to imagine anything more compelling than how they just used their unconstrained power to utterly destroy a rising competitor.
The united Silicon Valley attack began on January 8, when Apple emailed Parler and gave them 24 hours to prove they had changed their moderation practices or else face removal from their App Store. The letter claimed: “We have received numerous complaints regarding objectionable content in your Parler service, accusations that the Parler app was used to plan, coordinate, and facilitate the illegal activities in Washington D.C. on January 6, 2021 that led (among other things) to loss of life, numerous injuries, and the destruction of property.” It ended with this warning:
To ensure there is no interruption of the availability of your app on the App Store, please submit an update and the requested moderation improvement plan within 24 hours of the date of this message. If we do not receive an update compliant with the App Store Review Guidelines and the requested moderation improvement plan in writing within 24 hours, your app will be removed from the App Store.
The 24-hour letter was an obvious pretext and purely performative. Removal was a fait accompli no matter what Parler did. To begin with, the letter was immediately leaked to Buzzfeed, which published it in full. A Parler executive detailed the company’s unsuccessful attempts to communicate with Apple. “They basically ghosted us,” he told me. The next day, Apple notified Parler of its removal from App Store. “We won’t distribute apps that present dangerous and harmful content,” said the world’s richest company, and thus: “We have now rejected your app for the App Store.”
It is hard to overstate the harm to a platform from being removed from the App Store. Users of iPhones are barred from downloading apps onto their devices from the internet. If an app is not on the App Store, it cannot be used on the iPhone. Even iPhone users who have already downloaded Parler will lose the ability to receive updates, which will shortly render the platform both unmanageable and unsafe.
In October, the House Judiciary Subcommittee on Antitrust, Commercial, and Administrative Law issued a 425-page report concluding that Amazon, Apple, Facebook and Google all possess monopoly power and are using that power anti-competitively. For Apple, they emphasized the company’s control over iPhones through its control of access to the App Store. As Ars Technica put it when highlighting the report’s key findings:
Apple controls about 45 percent of the US smartphone market and 20 percent of the global smartphone market, the committee found, and is projected to sell its 2 billionth iPhone in 2021. It is correct that, in the smartphone handset market, Apple is not a monopoly. Instead, iOS and Android hold an effective duopoly in mobile operating systems.
However, the report concludes, Apple does have a monopolistic hold over what you can do with an iPhone. You can only put apps on your phone through the Apple App Store, and Apple has total gatekeeper control over that App Store—that’s what Epic is suing the company over. . . .
The committee found internal documents showing that company leadership, including former CEO Steve Jobs, “acknowledged that IAP requirement would stifle competition and limit the apps available to Apple’s customers.” The report concludes that Apple has also unfairly used its control over APIs, search rankings, and default apps to limit competitors’ access to iPhone users.
Shortly thereafter, Parler learned that Google, without warning, had also “suspended” it from its Play Store, severely limiting the ability of users to download Parler onto Android phones. Google’s actions also meant that those using Parler on their Android phones would no longer receive necessary functionality and security updates.
It was precisely Google’s abuse of its power to control its app device that was at issue “when the European Commission deemed Google LLC as the dominant undertaking in the app stores for the Android mobile operating system (i.e. Google Play Store) and hit the online search and advertisement giant with €4.34 billion for its anti-competitive practices to strengthen its position in various of other markets through its dominance in the app store market.”
The day after a united Apple and Google acted against Parler, Amazon delivered the fatal blow. The company founded and run by the world’s richest man, Jeff Bezos, used virtually identical language as Apple to inform Parler that its web hosting service (AWS) was terminating Parler’s ability to have AWS host its site: “Because Parler cannot comply with our terms of service and poses a very real risk to public safety, we plan to suspend Parler’s account effective Sunday, January 10th, at 11:59PM PST.” Because Amazon is such a dominant force in web hosting, Parler has thus far not found a hosting service for its platform, which is why it has disappeared not only from app stores and phones but also from the internet.
On Thursday, Parler was the most popular app in the United States. By Monday, three of the four Silicon Valley monopolies united to destroy it.
With virtual unanimity, leading U.S. liberals celebrated this use of Silicon Valley monopoly power to shut down Parler, just as they overwhelmingly cheered the prior two extraordinary assertions of tech power to control U.S. political discourse: censorship of The New York Post’s reporting on the contents of Hunter Biden’s laptop, and the banning of the U.S. President from major platforms. Indeed, one would be hard-pressed to find a single national liberal-left politician even expressing concerns about any of this, let alone opposing it.
Not only did leading left-wing politicians not object but some of them were the ones who pleaded with Silicon Valley to use their power this way. After the internet-policing site Sleeping Giants flagged several Parler posts that called for violence, Rep. Alexandria Ocasio-Cortez asked: “What are @Apple and @GooglePlay doing about this?” Once Apple responded by removing Parler from its App Store — a move that House Democrats just three months earlier warned was dangerous anti-trust behavior — she praised Apple and then demanded to know: “Good to see this development from @Apple. @GooglePlay what are you going to do about apps being used to organize violence on your platform?”
The liberal New York Times columnist Michelle Goldberg pronounced herself “disturbed by just how awesome [tech giants’] power is” and added that “it’s dangerous to have a handful of callow young tech titans in charge of who has a megaphone and who does not.” She nonetheless praised these “young tech titans” for using their “dangerous” power to ban Trump and destroy Parler. In other words, liberals like Goldberg are concerned only that Silicon Valley censorship powers might one day be used against people like them, but are perfectly happy as long as it is their adversaries being deplatformed and silenced (Facebook and other platforms have for years banned marginalized people like Palestinians at Israel’s behest, but that is of no concern to U.S. liberals).
That is because the dominant strain of American liberalism is not economic socialism but political authoritarianism. Liberals now want to use the force of corporate power to silence those with different ideologies. They are eager for tech monopolies not just to ban accounts they dislike but to remove entire platforms from the internet. They want to imprison people they believe helped their party lose elections, such as Julian Assange, even if it means creating precedents to criminalize journalism.
World leaders have vocally condemned the power Silicon Valley has amassed to police political discourse, and were particularly indignant over the banning of the U.S. President. German Chancellor Angela Merkel, various French ministers, and especially Mexican President Andrés Manuel López Obrador all denounced the banning of Trump and other acts of censorship by tech monopolies on the ground that they were anointing themselves “a world media power.” The warnings from López Obrador were particularly eloquent:
Even the ACLU — which has rapidly transformed from a civil liberties organization into a liberal activist group since Trump’s election — found the assertion of Silicon Valley’s power to destroy Parler deeply alarming. One of that organization’s most stalwart defenders of civil liberties, lawyer Ben Wizner, told The New York Times that the destruction of Parler was more “troubling” than the deletion of posts or whole accounts: “I think we should recognize the importance of neutrality when we’re talking about the infrastructure of the internet.”
Yet American liberals swoon for this authoritarianism. And they are now calling for the use of the most repressive War on Terror measures against their domestic opponents. On Tuesday, House Homeland Security Chair Bennie Thompson (D-MS) urged that GOP Sens. Ted Cruz and Josh Hawley “be put on the no-fly list,” while The Wall Street Journal reported that “Biden has said he plans to make a priority of passing a law against domestic terrorism, and he has been urged to create a White House post overseeing the fight against ideologically inspired violent extremists and increasing funding to combat them.”
So much of this liberal support for the attempted destruction of Parler is based in utter ignorance about that platform, and about basic principles of free speech. I’d be very surprised if more than a tiny fraction of liberals cheering Parler’s removal from the internet have ever used the platform or know anything about it other than the snippets they have been shown by those seeking to justify its destruction and to depict it as some neo-Nazi stronghold.
Parler was not founded, nor is it run, by pro-Trump, MAGA supporters. The platform was created based in libertarian values of privacy, anti-surveillance, anti-data collection, and free speech. Most of the key executives are more associated with the politics of Ron Paul and the CATO Institute than Steve Bannon or the Trump family. One is a Never Trump Republican, while another is the former campaign manager of Ron Paul and Rand Paul. Among the few MAGA-affiliated figures is Dan Bongino, an investor. One of the key original investors was Rebekah Mercer.
The platform’s design is intended to foster privacy and free speech, not a particular ideology. They minimize the amount of data they collect on users to prevent advertiser monetization or algorithmic targeting. Unlike Facebook and Twitter, they do not assess a user’s preferences in order to decide what they should see. And they were principally borne out of a reaction to increasingly restrictive rules on the major Silicon Valley platforms regarding what could and could not be said.
Of course large numbers of Trump supporters ended up on Parler. That’s not because Parler is a pro-Trump outlet, but because those are among the people who were censored by the tech monopolies or who were angered enough by that censorship to seek refuge elsewhere.
It is true that one can find postings on Parler that explicitly advocate violence or are otherwise grotesque. But that is even more true of Facebook, Google-owned YouTube, and Twitter. And contrary to what many have been led to believe, Parler’s Terms of Service includes a ban on explicit advocacy of violence, and they employ a team of paid, trained moderators who delete such postings. Those deletions do not happen perfectly or instantaneously — which is why one can find postings that violate those rules — but the same is true of every major Silicon Valley platform.
Indeed, a Parler executive told me that of the thirteen people arrested as of Monday for the breach at the Capitol, none appear to be active users of Parler. The Capitol breach was planned far more on Facebook and YouTube. As Recode reported, while some protesters participated in both Parler and Gab, many of the calls to attend the Capitol were from YouTube videos, while many of the key planners “have continued to use mainstream platforms like Twitter, Facebook, and YouTube.” The article quoted Fadi Quran, campaign director at the human rights group Avaaz, as saying: “In DC, we saw QAnon conspiracists and other militias that would never have grown to this size without being turbo-charged by Facebook and Twitter.”
And that’s to say nothing of the endless number of hypocrisies with Silicon Valley giants feigning opposition to violent rhetoric or political extremism. Amazon, for instance, is one of the CIA’s most profitable partners, with a $600 million contract to provide services to the agency, and it is constantly bidding for more. On Facebook and Twitter, one finds official accounts from the most repressive and violent regimes on earth, including Saudi Arabia, and pages devoted to propaganda on behalf of the Egyptian regime. Does anyone think these tech giants have a genuine concern about violence and extremism?
So why did Democratic politicians and journalists focus on Parler rather than Facebook and YouTube? Why did Amazon, Google and Apple make a flamboyant showing of removing Parler from the internet while leaving much larger platforms with far more extremism and advocacy of violence flowing on a daily basis?
In part it is because these Silicon Valley giants — Google, Facebook, Amazon, Apple — donate enormous sums of money to the Democratic Party and their leaders, so of course Democrats will cheer them rather than call for punishment or their removal from the internet. Part of it is because Parler is an upstart, a much easier target to try to destroy than Facebook or Google. And in part it is because the Democrats are about to control the Executive Branch and both houses of Congress, leaving Silicon Valley giants eager to please them by silencing their adversaries. This corrupt motive was made expressly clear by long-time Clinton operative Jennifer Palmieri:
It has not escaped my attention that the day social media companies decided there actually IS more they could do to police Trump’s destructive behavior was the same day they learned Democrats would chair all the congressional committees that oversee them.
The nature of monopolistic power is that anti-competitive entities engage in anti-trust illegalities to destroy rising competitors. Parler is associated with the wrong political ideology. It is a small and new enough platform such that it can be made an example of. Its head can be placed on a pike to make clear that no attempt to compete with existing Silicon Valley monopolies is possible. And its destruction preserves the unchallengeable power of a tiny handful of tech oligarchs over the political discourse not just of the United States but democracies worldwide (which is why Germany, France and Mexico are raising their voices in protest).
No authoritarians believe they are authoritarians. No matter how repressive are the measures they support — censorship, monopoly power, no-fly lists for American citizens without due process — they tell themselves that those they are silencing and attacking are so evil, are terrorists, that anything done against them is noble and benevolent, not despotic and repressive. That is how American liberals currently think, as they fortify the control of Silicon Valley monopolies over our political lives, exemplified by the overnight destruction of a new and popular competitor.
In the days and weeks after the 9/11 attack, Americans were largely united in emotional horror at what had been done to their country as well as in their willingness to endorse repression and violence in response. As a result, there was little room to raise concerns about the possible excesses or dangers of the American reaction, let alone to dissent from what political leaders were proposing in the name of vengeance and security. The psychological trauma from the carnage and the wreckage at the country’s most cherished symbols swamped rational faculties and thus rendered futile any attempts to urge restraint or caution. . .
True the Vote: Abrams’ Sister’s Ruling Wrong on Law, Clear Conflict
ATLANTA, Georgia – Responding to a ruling by U.S. District Court Judge Leslie Abrams Gardner that suspended the efforts of Muscogee and Ben Hill counties to verify the eligibility of challenged voters, True the Vote today called on the judge to recuse herself from the case and encouraged the counties to appeal the decision.
“Judge Gardner’s ruling is wrong on the law, and the glaring conflict of interest – pointed out by Muscogee County – undermines faith in the judicial process,” said Catherine Engelbrecht, the founder and president of True the Vote, an organization that has partner with electors throughout the state to ensure that every legal vote is counted in the January 5 Georgia Senate runoff elections.
One of the defendants, Muscogee County, asked Judge Gardner to recuse herself because her sister, Stacey Abrams, has generated significant fundraising for the plaintiff’s organization and Abrams’ own group has filed a case dealing with the exact same issues against True the Vote.
“Georgia voters have every reason to question a ruling that doesn’t follow the law but does deliver for her sister’s political agenda,” Engelbrecht said. “This entire ruling is based on the idea that these challenges are about removing voters from the registration list – a situation where the judge could apply federal law. These challenges, however, wouldn’t remove anyone from the voter registration list; the challenges are the remedy allowed under Georgia state law to verify that a particular voter is eligible to vote specifically in the January 5 runoff election. Federal law doesn’t regulate that, and the judge’s ruling should be overturned.
“In this case, Gardner’s ruling is based solely on the point of view of the plaintiffs. The counties involved didn’t even get to have their say. Perhaps a fair hearing in the light of day – as opposed to a decree issued in the dead of night – would have given the judge some insight on what’s really happening in these cases.”
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True the Vote (TTV) is an IRS-designated 501(c)3 voters’ rights organization, founded to inspire and equip volunteers for involvement at every stage of our electoral process. TTV empowers organizations and individuals across the nation to actively protect the rights of legitimate voters, regardless of their political party affiliation. For more information, please visit www.truethevote.org.
The post True the Vote: Abrams’ Sister’s Ruling Wrong on Law, Clear Conflict appeared first on True The Vote.
by Lance D. Davis
Stargazers get ready for a nice treat as we are about to witness a super-rare planetary alignment not seen for almost 800 years!
Our solar system’s two biggest worlds – the mighty Jupiter followed by the glorious ringed Saturn – will appear in the sky next to each other at their closest since 1623 and closest visible from Earth since the Middle Ages in 1226. This will happen on Dec. 21, 2020, during an event called a “great conjunction.”
Astronomers use the word conjunction to describe close approaches of planets and other objects on our sky’s dome. They use great conjunction specifically for Jupiter and Saturn because of the planets’ top-ranking sizes.
Since Election Night The Presidential Winner Has Been In Dispute. Rudy Giuliani’s Press Conference On November 19, 2020, Explains The Issues In Question.
Video: 1 Hour 31 Minutes
by Lance D. Davis
International Observe the Moon Night is a worldwide public event encouraging observation, appreciation and understanding of our Moon and its connection to NASA exploration and discovery.
This is a great time to celebrate the Moon with enthusiasts and curious people all over Earth as excitement grows about NASA’s Artemis program, which will send the next man and first woman to the Moon.
Since 2010, the celebration has occurred annually in September or October when the Moon is around first quarter – a great phase for excellent viewing opportunities.
You can join NASA’s Marshall Space Flight Center for a live planetarium show Saturday, Sept. 26 at 6:30 p.m. CDT – available online to everyone via YouTube and Facebook. Interviews with planetary and citizen scientists will also be included.
This virtual event is brought to you by the Planetary Missions Program Office at Marshall and U.S. Space & Rocket Center.
Whether it’s outdoors, at home, online, or wherever you may be, you are encouraged to be a part of International Observe the Moon Night. Please remember to follow your local health and safety guidelines.
Learn more and find other events here.