industryterm:federal law

  • U.S. is using unreliable dental exams to hold teen migrants in adult detention

    The young Bangladeshi sitting in the dentist’s chair last October thought he was getting checked for diseases.

    Dental staff examined his teeth, gave him a cleaning and sent him back to the juvenile facility where he had been held for months since illegally crossing the border in July.

    But a checkup wasn’t the real purpose of the dental work. The government wanted to figure out if “I.J.,” as the young migrant has been identified, really was 16, as he said, or an adult.

    The use of dental exams to help determine the age of migrants increased sharply in the last year, one aspect of the Trump administration’s crackdown on immigration and illegal border crossings.

    The accuracy of forensic testing to help determine the age of migrants is very much a subject of the debate. And with the stakes so high, the exams are becoming another legal battleground for the government.

    Federal law prohibits the government from relying exclusively on forensic testing of bones and teeth to determine age. But a review of court records shows that in at least three cases – including I.J.’s – the government did just that, causing federal judges to later order the minors released from adult detention.

    In a case last year, a Guatemalan migrant was held in adult detention for nearly a year after a dental exam showed he was likely 18, until his attorneys fought to get his birth certificate, which proved he was 17.

    For I.J., the results had serious ramifications. Based on the development of his teeth, the analysis showed an 87.70% probability that he had turned 18.

    An immigration official reported that it was apparent to the case manager that I.J. “appeared physically older than 17 years of age,” and that he and his mother had not been able to provide a second type of identification that might prove his age.

    The next month, Immigration and Customs Enforcement agents took him away in shackles and placed him in a medium-security prison that houses immigrant detainees.

    He spent about five months in adult detention and 24 of those days in segregated custody. Whenever he spoke with an officer, he would say he was a minor — unaware for more than a month that his teeth had landed him there.

    “I came to the United States with a big dream,” I.J. said. “My dream was finished.”

    But when the Arizona-based Florence Immigrant and Refugee Rights Project took I.J.’s case to federal court, a district judge found that the Office of Refugee Resettlement’s age re-determination violated federal law and the agency’s own guidelines.

    In April, the judge ordered I.J. released back into Office of Refugee Resettlement custody, a program responsible for unaccompanied migrant children. He has since reunited with his family in New York. The Florence Project also filed another case in federal court that resulted in the government voluntarily returning a Bangladeshi minor to ORR custody and rescinding his age re-determination.

    As the government grappled with an influx of the number of families and children arriving at the border in fiscal year 2018, approvals of ORR age determination exams more than doubled.

    These handful of cases where a minor was released from adult detention is almost certainly an undercount, as most migrants held in adult detention do not have legal representation and are unlikely to fight their cases.

    It is unclear how often migrants pretend to be minors and turn out to be adults. In a call with reporters earlier this year, a Customs and Border Protection official said that from April 2018 to March 25 of this year, his agents had identified more than 3,100 individuals in family units making fraudulent claims, including those who misrepresented themselves as minors.

    Unaccompanied minors are given greater protections than adults after being apprehended. The government’s standard refers migrants to adult custody if a dental exam analysis shows at least a 75% probability that they are 18 or older. But other evidence is supposed to be considered.

    Dr. David Senn, the director of the Center for Education and Research in Forensics at UT Health San Antonio, has handled more than 2,000 age cases since 1998.

    A program that Senn helped develop estimates the mean age of a person and the probability that he or she is at least 18. In addition to looking at dental X-rays, he has also looked at skeletal X-rays and analyzed bone development in the hand and wrist area.

    He handled a larger number of cases in the early 2000s, but last year he saw his caseload triple — rising to 168. There appears to be a slowdown this calendar year for Senn, one of a few dentists the government uses for these analyses.

    He said making an exact age determination is not possible.

    “We can only tell you what the statistics say,” Senn said. “I think the really important thing to note is that most people who do this work are not trying to be policemen or to be Border Patrol agents or immigration …. what we’re trying to do is help. What we’re trying to do is protect children.”

    In 2007 and again in 2008, the House Appropriations Committee called on the Department of Homeland Security to stop relying on forensic testing of bones and teeth. But it was the Trafficking Victims Protection Reauthorization Act of 2008 that declared age determinations should take into account “multiple forms of evidence, including the non-exclusive use of radiographs.”

    In a Washington state case, an X-ray analysis by Senn showed a 92.55% probability that Bilal, a Somali migrant, already had reached 18 years of age. ICE removed him from his foster home and held him in an adult detention center.

    “Not only were they trying to save themselves money, which they paid to the foster family, but they were wrecking this kid’s life,” said Matt Adams, legal director for the Northwest Immigrant Rights Project, which represented Bilal. “They were just rolling the dice.”

    In 2016, a federal judge found that the Office of Refugee Resettlement relied exclusively on the dental exam and overturned the age determination for the young Somali.

    Last year, in the case of an Eritrean migrant who said he was 17, Senn’s analysis of dental X-rays showed a 92.55% probability that he had turned 18, and provided a range of possible ages between 17.10 and 23.70.

    It was enough to prompt his removal from a juvenile facility and placement into an adult one.

    Again, a district judge found that the government had relied exclusively on the dental exam to determine his age and ordered the migrant released back into ORR custody.

    Danielle Bennett, an ICE spokeswoman, said the agency “does not track” information on such reversals.

    “We should never be used as the only method to determine age,” Senn said. “If those agencies are not following their own rules, they should have their feet held to the fire.”

    Similar concerns over medical age assessments have sprung up in other countries, including the United Kingdom and Sweden.

    The United Nations High Commissioner for Refugees’ guidance about how adolescent migrants’ ages should be analyzed says that if countries use scientific procedures to determine age, that they should allow for margins of error. Michael Bochenek, an attorney specializing in children’s rights at Human Rights Watch, said that for adolescents, the margin of error in scientific tests is “so big that it doesn’t tell you anything.”

    An influx of Bangladeshi migrants claiming to be minors has contributed to the government’s recent use of dental exams. From October through March 8, more than 150 Bangladeshis who claimed to be minors and were determined to be adults were transferred from the Office of Refugee Resettlement to ICE custody, according to the agency.

    In fiscal year 2018, Border Patrol apprehensions of Bangladeshi migrants went up 109% over the year before, rising to 1,203. Similarly, the number of Bangladeshi minors in ORR custody increased about 221% between fiscal 2017 and fiscal 2018, reaching 392.

    Ali Riaz, a professor at Illinois State University, said Bangladeshis are leaving the country for reasons including high population density, high unemployment among the young, a deteriorating political environment and the “quest for a better life.”

    In October, Myriam Hillin, an ORR federal field specialist, was told that ICE had information showing that a number of Bangladeshi migrants in their custody claiming to be underage had passports with different birth dates than on their birth certificates.

    Bochenek said it’s common for migrant children to travel with fake passports that make them appear older, because in some countries minors are more likely to be intercepted or questioned by immigration agents.

    While I.J. was able to regain status as a minor, three Bangladeshi migrants who crossed the U.S.-Mexico border illegally in the San Diego area in October 2018 are still trying to convince the government they are underage.

    Their passports didn’t match their birth certificates. Dental exams ordered by immigration officials found that each of them had about an 89% likelihood of being adults.

    “Both subjects were adamant that the passports were given to them by the ‘agent’ (smuggler), however, there is little reason to lie to any of the countries they flew into,” wrote one Border Patrol agent, describing the arrest of two of the migrants. “Also, it is extremely difficult to fake a passport, especially for no reason. I have seen [unaccompanied children] fly into each of the countries (except for Panama and Costa Rica) and pass through with no problem. This is a recent trend with Bangladeshis. They do it in order to be released from DHS custody faster.”

    During interviews, the young migrants, Shahadat, Shahriar and Tareq, told asylum officers that smugglers had given them the passports, according to records from the interviews.

    When asked why they had been given those birth dates, they said it had something to do with smugglers’ plans for their travel.

    “I don’t have that much idea,” Shahadat told an asylum officer, according to the officer’s notes in a summary-style transcript. “When I asked why, they told me that if I don’t give this [date of birth] there will be problems with travel.”

    Shahriar told the officer that the smuggler became aggressive when questioned.

    The migrants have submitted copies of birth certificates, school documents and signed statements from their parents attesting to their claimed birth dates. An online database of birth records maintained by the government of Bangladesh appears to confirm their date of birth claims.

    Shahriar also provided his parents’ birth certificates. If he were as old as immigration officials believe him to be, his mother would have been 12 years old when she had him.

    In each case, immigration officials stood by the passport dates.

    Shahadat and Shahriar are being held in Otay Mesa Detention Center. Tareq was held at the facility for months before being released on a $7,500 bond. All three are moving through the immigration system as adults, with asylum proceedings their only option to stay in the U.S..

    At least one of the migrants, Shahadat, was placed in administrative segregation, a version of solitary confinement in immigration detention, when his age came into question, according to documents provided by their attorney.

    A judge ordered him deported.

    https://www.latimes.com/local/lanow/la-me-ln-immigrant-age-migrants-ice-dental-teeth-bangladesh-20190602-story.
    #tests_osseux #os #âge #USA #Etats-Unis #mineurs #enfants #enfance #rétention #détention_administrative #dents #migrations #asile #réfugiés #USA #Etats-Unis

  • As Thousands of Taxi Drivers Were Trapped in Loans, Top Officials Counted the Money - The New York Times
    https://www.nytimes.com/2019/05/19/nyregion/taxi-medallions.html

    [Read Part 1 of The Times’s investigation: How Reckless Loans Devastated a Generation of Taxi Drivers]

    At a cramped desk on the 22nd floor of a downtown Manhattan office building, Gary Roth spotted a looming disaster.

    An urban planner with two master’s degrees, Mr. Roth had a new job in 2010 analyzing taxi policy for the New York City government. But almost immediately, he noticed something disturbing: The price of a taxi medallion — the permit that lets a driver own a cab — had soared to nearly $700,000 from $200,000. In order to buy medallions, drivers were taking out loans they could not afford.

    Mr. Roth compiled his concerns in a report, and he and several colleagues warned that if the city did not take action, the loans would become unsustainable and the market could collapse.

    They were not the only ones worried about taxi medallions. In Albany, state inspectors gave a presentation to top officials showing that medallion owners were not making enough money to support their loans. And in Washington, D.C., federal examiners repeatedly noted that banks were increasing profits by steering cabbies into risky loans.

    They were all ignored.

    Medallion prices rose above $1 million before crashing in late 2014, wiping out the futures of thousands of immigrant drivers and creating a crisis that has continued to ravage the industry today. Despite years of warning signs, at least seven government agencies did little to stop the collapse, The New York Times found.

    Instead, eager to profit off medallions or blinded by the taxi industry’s political connections, the agencies that were supposed to police the industry helped a small group of bankers and brokers to reshape it into their own moneymaking machine, according to internal records and interviews with more than 50 former government employees.

    For more than a decade, the agencies reduced oversight of the taxi trade, exempted it from regulations, subsidized its operations and promoted its practices, records and interviews showed.

    Their actions turned one of the best-known symbols of New York — its signature yellow cabs — into a financial trap for thousands of immigrant drivers. More than 950 have filed for bankruptcy, according to a Times analysis of court records, and many more struggle to stay afloat.

    Remember the ‘10,000 Hours’ Rule for Success? Forget About It
    “Nobody wanted to upset the industry,” said David Klahr, who from 2007 to 2016 held several management posts at the Taxi and Limousine Commission, the city agency that oversees cabs. “Nobody wanted to kill the golden goose.”

    New York City in particular failed the taxi industry, The Times found. Two former mayors, Rudolph W. Giuliani and Michael R. Bloomberg, placed political allies inside the Taxi and Limousine Commission and directed it to sell medallions to help them balance budgets and fund priorities. Mayor Bill de Blasio continued the policies.

    Under Mr. Bloomberg and Mr. de Blasio, the city made more than $855 million by selling taxi medallions and collecting taxes on private sales, according to the city.

    But during that period, much like in the mortgage lending crisis, a group of industry leaders enriched themselves by artificially inflating medallion prices. They encouraged medallion buyers to borrow as much as possible and ensnared them in interest-only loans and other one-sided deals that often required them to pay hefty fees, forfeit their legal rights and give up most of their monthly incomes.

    When the medallion market collapsed, the government largely abandoned the drivers who bore the brunt of the crisis. Officials did not bail out borrowers or persuade banks to soften loan terms.

    “They sell us medallions, and they knew it wasn’t worth price. They knew,” said Wael Ghobrayal, 42, an Egyptian immigrant who bought a medallion at a city auction for $890,000 and now cannot make his loan payments and support his three children.

    “They lost nothing. I lost everything,” he said.

    The Times conducted hundreds of interviews, reviewed thousands of records and built several databases to unravel the story of the downfall of the taxi industry in New York and across the United States. The investigation unearthed a collapse that was years in the making, aided almost as much by regulators as by taxi tycoons.

    Publicly, government officials have blamed the crisis on competition from ride-hailing firms such as Uber and Lyft.

    In interviews with The Times, they blamed each other.

    The officials who ran the city Taxi and Limousine Commission in the run-up to the crash said it was the job of bank examiners, not the commission, to control lending practices.

    The New York Department of Financial Services said that while it supervised some of the banks involved in the taxi industry, it deferred to federal inspectors in many cases.

    The federal agency that oversaw many of the largest lenders in the industry, the National Credit Union Administration, said those lenders were meeting the needs of borrowers.

    The N.C.U.A. released a March 2019 internal audit that scolded its regulators for not aggressively enforcing rules in medallion lending. But even that audit partially absolved the government. The lenders, it said, all had boards of directors that were supposed to prevent reckless practices.

    And several officials criticized Congress, which two decades ago excepted credit unions in the taxi industry from some rules that applied to other credit unions. After that, the officials said, government agencies had to treat those lenders differently.

    Ultimately, former employees said, the regulatory system was set up to ensure that lenders were financially stable, and medallions were sold. But almost nothing protected the drivers.

    Matthew W. Daus, far right, at a hearing of the New York City Taxi and Limousine Commission in 2004. CreditMarilynn K. Yee/The New York Times
    Matthew W. Daus was an unconventional choice to regulate New York’s taxi industry. He was a lawyer from Brooklyn and a leader of a political club that backed Mr. Giuliani for mayor.

    The Giuliani administration hired him as a lawyer for the Taxi and Limousine Commission before appointing him chairman in 2001, a leadership post he kept after Mr. Bloomberg became mayor in 2002.

    The commission oversaw the drivers and fleets that owned the medallions for the city’s 12,000 cabs. It licensed all participants and decided what cabs could charge, where they could go and which type of vehicle they could use.

    And under Mr. Bloomberg, it also began selling 1,000 new medallions.

    At the time, the mayor said the growing city needed more yellow cabs. But he also was eager for revenue. He had a $3.8 billion hole in his budget.

    The sales put the taxi commission in an unusual position.

    It had a long history of being entangled with the industry. Its first chairman, appointed in 1971, was convicted of a bribery scheme involving an industry lobbyist. Four other leaders since then had worked in the business.

    It often sent staffers to conferences where companies involved in the taxi business paid for liquor, meals and tickets to shows, and at least one past member of its board had run for office in a campaign financed by the industry.

    Still, the agency had never been asked to generate so much money from the business it was supposed to be regulating.

    Former staffers said officials chose to sell medallions with the method they thought would bring in the most revenue: a series of limited auctions that required participants to submit sealed bids above ever-increasing minimums.

    Ahead of the sales, the city placed ads on television and radio, and in newspapers and newsletters, and held seminars promoting the “once-in-a-lifetime opportunity.”

    “Medallions have a long history as a solid investment with steady growth,” Mr. Daus wrote in one newsletter. In addition to guaranteed employment, he wrote, “a medallion is collateral that can assist in home financing, college tuition or even ‘worry-free’ retirement.”

    At the first auctions under Mr. Bloomberg in 2004, bids topped $300,000, surprising experts.

    Some former staffers said in interviews they believed the ad campaign inappropriately inflated prices by implying medallions would make buyers rich, no matter the cost. Seven said they complained.

    The city eventually added a disclaimer to ads, saying past performance did not guarantee future results. But it kept advertising.

    During the same period, the city also posted information on its website that said that medallion prices were, on average, 13 percent higher than they really were, according to a Times data analysis.

    In several interviews, Mr. Daus defended the ad campaigns, saying they reached people who had been unable to break into the tight market. The ads were true at the time, he said. He added he had never heard internal complaints about the ads.

    In all, the city held 16 auctions between 2004 and 2014.

    “People don’t realize how organized it is,” Andrew Murstein, president of Medallion Financial, a lender to medallion buyers, said in a 2011 interview with Tearsheet Podcast. “The City of New York, more or less, is our partner because they want to see prices go as high as possible.”

    Help from a federal agency

    New York City made more than $855 million from taxi medallion sales under Mayor Bill de Blasio and his predecessor, Michael R. Bloomberg.

    For decades, a niche banking system had grown up around the taxi industry, and at its center were about half a dozen nonprofit credit unions that specialized in medallion loans. But as the auctions continued, the families that ran the credit unions began to grow frustrated.

    Around them, they saw other lenders making money by issuing loans that they could not because of the rules governing credit unions. They recognized a business opportunity, and they wanted in.

    They found a receptive audience at the National Credit Union Administration.

    The N.C.U.A. was the small federal agency that regulated the nation’s credit unions. It set the rules, examined their books and insured their accounts.

    Like the city taxi commission, the N.C.U.A. had long had ties to the industry that it regulated. One judge had called it a “rogue federal agency” focused on promoting the industry.

    In 2004, its chairman was Dennis Dollar, a former Mississippi state representative who had previously worked as the chief executive of a credit union. He had just been inducted into the Mississippi Credit Union Hall of Fame, and he had said one of his top priorities was streamlining regulation.

    Dennis Dollar, the former chairman of the National Credit Union Administration, is now a consultant in the industry. 

    Under Mr. Dollar and others, the N.C.U.A. issued waivers that exempted medallion loans from longstanding rules, including a regulation requiring each loan to have a down payment of at least 20 percent. The waivers allowed the lenders to keep up with competitors and to write more profitable loans.

    Mr. Dollar, who left government to become a consultant for credit unions, said the agency was following the lead of Congress, which passed a law in 1998 exempting credit unions specializing in medallion loans from some regulations. The law signaled that those lenders needed leeway, such as the waivers, he said.

    “If we did not do so, the average cabdriver couldn’t get a medallion loan,” Mr. Dollar said.

    The federal law and the N.C.U.A. waivers were not the only benefits the industry received. The federal government also provided many medallion lenders with financial assistance and guaranteed a portion of their taxi loans, assuring that if those loans failed, they would still be partially paid, according to records and interviews.

    As lenders wrote increasingly risky loans, medallion prices neared $500,000 in 2006.

    ‘Snoozing and napping’

    Under Mr. Bloomberg, the New York City Taxi and Limousine Commission began selling 1,000 new medallions.

    Another agency was also supposed to be keeping an eye on lending practices. New York State banking regulators are required to inspect all financial institutions chartered in the state. But after 2008, they were forced to focus their attention on the banks most affected by the global economic meltdown, according to former employees.

    As a result, some industry veterans said, the state stopped examining medallion loans closely.

    “The state banking department would come in, and they’d be doing the exam in one room, and the N.C.U.A. would be in another room,” said Larry Fisher, who was then the medallion lending supervisor at Melrose Credit Union, one of the biggest lenders. “And you could catch the state banking department snoozing and napping and going on the internet and not doing much at all.”

    The state banking department, which is now called the New York Department of Financial Services, disputed that characterization and said it had acted consistently and appropriately.

    Former federal regulators described a similar trend at their agencies after the recession.

    Some former employees of the N.C.U.A., the Federal Deposit Insurance Corporation and the Office of the Comptroller of the Currency said that as medallion prices climbed, they tried to raise issues with loans and were told not to worry. The Securities and Exchange Commission and the Federal Reserve Board also oversaw some lenders and did not intervene.

    A spokesman for the Federal Reserve said the agency was not a primary regulator of the taxi lending industry. The rest of the agencies declined to comment.

    “It was obvious that the loans were unusual and risky,” said Patrick Collins, a former N.C.U.A. examiner. But, he said, there was a belief inside his agency that the loans would be fine because the industry had been stable for decades.

    Meanwhile, in New York City, the taxi commission reduced oversight.

    For years, it had made medallion purchasers file forms describing how they came up with the money, including details on all loans. It also had required industry participants to submit annual disclosures on their finances, loans and conflicts of interest.

    But officials never analyzed the forms filed by buyers, and in the 2000s, they stopped requiring the annual disclosures altogether.

    “Reviewing these disclosures was an onerous lift for us,” the commission’s communications office said in a recent email.

    By 2008, the price of a medallion rose to $600,000.

    At around the same time, the commission began focusing on new priorities. It started developing the “Taxi of Tomorrow,” a model for future cabs.

    The agency’s main enforcement activities targeted drivers who cheated passengers or discriminated against people of color. “Nobody really scrutinized medallion transfers,” said Charles Tortorici, a former commission lawyer.

    A spokesman for Mr. Bloomberg said in a statement that during the mayor’s tenure, the city improved the industry by installing credit card machines and GPS devices, making fleets more environmentally efficient and creating green taxis for boroughs outside Manhattan.

    “The industry was always its own worst enemy, fighting every reform tooth and nail,” said the spokesman, Marc La Vorgna. “We put our energy and political capital into the reforms that most directly and immediately impacted the riding public.”

    Records show that since 2008, the taxi commission has not taken a single enforcement action against brokers, the powerful players who arrange medallion sales and loans.

    Alex Korenkov, a broker, suggested in an interview that he and other brokers took notice of the city’s hands-off approach.

    “Let’s put it this way,” he said. “If governing body does not care, then free-for-all.”

    By the time that Mr. Roth wrote his report at the Taxi and Limousine Commission in 2010, it was clear that something strange was happening in the medallion market.

    Mr. Daus gave a speech that year that mentioned the unusual lending practices. During the speech, he said banks were letting medallion buyers obtain loans without any down payment. Experts have since said that should have raised red flags. But at the time, Mr. Daus seemed pleased.

    “Some of these folks were offering zero percent down,” he said. “You tell me what bank walks around asking for zero percent down on a loan? It’s just really amazing.”

    In interviews, Mr. Daus acknowledged that the practice was unusual but said the taxi commission had no authority over lending.

    Inside the commission, at least four employees raised concerns about the medallion prices and lending practices, according to the employees, who described their own unease as well as Mr. Roth’s report.

    David S. Yassky, a former city councilman who succeeded Mr. Daus as commission chairman in 2010, said in an interview that he never saw Mr. Roth’s report.

    Mr. Yassky said the medallion prices puzzled him, but he could not determine if they were inflated, in part because people were still eager to buy. Medallions may have been undervalued for decades, and the price spike could have been the market recognizing the true value, he suggested.

    Meera Joshi, who became chairwoman in 2014, said in an interview that she was worried about medallion costs and lending practices but was pushed to prioritize other responsibilities. Dominic Williams, Mr. de Blasio’s chief policy adviser, said the city focused on initiatives such as improving accessibility because no one was complaining about loans.

    Worries about the taxi industry also emerged at the National Credit Union Administration. In late 2011, as the price of some medallions reached $800,000, a group of agency examiners wrote a paper on the risks in the industry, according to a recent report by the agency’s inspector general.

    In 2012, 2013 and 2014, inspectors routinely documented instances of credit unions violating lending rules, the inspector general’s report said.

    David S. Yassky, the former chairman of the New York City Taxi and Limousine Commission.

    The N.C.U.A. chose not to penalize medallion lenders or impose extra oversight. It did not take any wide industry action until April 2014, when it sent a letter reminding the credit unions in the taxi market to act responsibly.

    Former staffers said the agency was still focused on the fallout from the recession.

    A spokesman for the N.C.U.A. disputed that characterization and said the agency conducted appropriate enforcement.

    He added the agency took actions to ensure the credit unions remained solvent, which was its mission. He said Congress allowed the lenders to concentrate heavily on medallion loans, which left them vulnerable when Uber and Lyft arrived.

    At the New York Department of Financial Services, bank examiners noticed risky practices and interest-only loans and repeatedly wrote warnings starting in 2010, according to the state. At least one report expressed concern of a potential market bubble, the state said.

    Eventually, examiners became so concerned that they made a PowerPoint presentation and called a meeting in 2014 to show it to a dozen top officials.

    “Since 2001, individual medallion has risen 455%,” the presentation warned, according to a copy obtained by The Times. The presentation suggested state action, such as sending a letter to the industry or revoking charters from some lenders.

    The state did neither. The department had recently merged with the insurance department, and former employees said it was finding its footing.

    The department superintendent at the time, Benjamin M. Lawsky, a former aide to Gov. Andrew M. Cuomo, said he did not, as a rule, discuss his tenure at the department.

    In an emailed statement, the department denied it struggled after the merger and said it took action to stop the collapse of the medallion market. A department spokesman provided a long list of warnings, suggestions and guidelines that it said examiners had issued to lenders. He said that starting in 2012, the department downgraded some of its own internal ratings of the lenders.

    The list did not include any instances of the department formally penalizing a medallion lender, or making any public statement about the industry before it collapsed.

    Between 2010 and 2014, as officials at every level of government failed to rein in the risky lending practices, records show that roughly 1,500 people bought taxi medallions. Over all, including refinancings of old loans and extensions required by banks, medallion owners signed at least 10,000 loans in that time.

    Several regulators who tried to raise alarms said they believed the government stood aside because of the industry’s connections.

    Many pointed to one company — Medallion Financial, run by the Murstein family. Former Gov. Mario M. Cuomo, the current governor’s father, was a paid member of its board from 1996 until he died in 2015.

    Others noted that Mr. de Blasio has long been close to the industry. When he ran for mayor in 2013, an industry lobbyist, Michael Woloz, was a top fund-raiser, records show. And Evgeny Freidman, a major fleet owner who has admitted to artificially inflating medallion prices, has said he is close to the mayor.

    Some people, including Mr. Dollar, the former N.C.U.A. chairman, said Congress excepted the taxi trade from rules because the industry was supported by former United States Senator Alfonse D’Amato of New York, who was then the chairman of the Senate Banking Committee.

    “The taxi industry is one of the most politically connected industries in the city,” said Fidel Del Valle, who was the chairman of the taxi commission from 1991 to 1994. He later worked as a lawyer for drivers and a consultant to an owner association run by Mr. Freidman. “It’s been that way for decades, and they’ve used that influence to push back on regulation, with a lot of success.”

    A spokesman for Mr. Cuomo said Medallion Financial was not regulated by the state, so the elder Mr. Cuomo’s position on the board was irrelevant. A spokeswoman for Mr. de Blasio said the industry’s connections did not influence the city.

    Mr. Murstein, Mr. Woloz, Mr. Freidman and Mr. D’Amato all declined to comment.

    The aftermath
    “I think city will help me,” Mohammad Hossain, who is in deep debt from a taxi medallion loan, said at his family’s home in the Bronx.

    New York held its final independent medallion auction in February 2014. By then, concerns about medallion prices were common in the news media and government offices, and Uber had established itself. Still, the city sold medallions to more than 150 bidders. (“It’s better than the stock market,” one ad said.)

    Forty percent of the people who bought medallions at that auction have filed for bankruptcy, according to a Times analysis of court records.

    Mohammad Hossain, 47, from Bangladesh, who purchased a medallion for $853,000 at the auction, said he could barely make his monthly payments and was getting squeezed by his lender. “I bought medallion from the city,” he said through tears. “I think city will help me, you know. I assume that.”

    The de Blasio administration’s only major response to the crisis has been to push for a cap on ride-hail cars. The City Council at first rejected a cap in 2015 before approving it last year.

    Taxi industry veterans said the cap did not address the cause of the crisis: the lending practices.

    Richard Weinberg, a taxi commission hearing officer from 1988 to 2002 and a lawyer for drivers since then, said that when the medallion bubble began to burst, the city should have frozen prices, adjusted fares and fees and convinced banks to be flexible with drivers. That could have allowed prices to fall slowly. “That could’ve saved a lot of people,” he said.

    In an interview, Dean Fuleihan, the first deputy mayor, said the city did help taxi owners, including by reducing some fees, taxes and inspection mandates, and by talking to banks about loans. He said that if the City Council had passed the cap in 2015, it would have helped.

    “We do care about those drivers, we care about those families. We attempted throughout this period to take actions,” he said.

    Federal regulators also have not significantly helped medallion owners.

    In 2017 and 2018, the N.C.U.A. closed or merged several credit unions for “unsafe business practices” in medallion lending. It took over many of the loans, but did not soften terms, according to borrowers. Instead, it tried to get money out as quickly as possible.

    The failure of the credit unions has cost the national credit union insurance fund more than $750 million, which will hurt all credit union members.

    In August 2018, the N.C.U.A. closed Melrose in what it said was the biggest credit union liquidation in United States history. The agency barred Melrose’s general counsel from working for credit unions and brought civil charges against its former C.E.O., Alan Kaufman, saying he used company funds to help industry partners in exchange for gifts.

    The general counsel, Mitchell Reiver, declined to answer questions but said he did nothing wrong. Mr. Kaufman said in an interview that the N.C.U.A. made up the charges to distract from its role in the crisis.

    “I’m definitely a scapegoat,” Mr. Kaufman said. “There’s no doubt about it.”

    Glamour, then poverty
    After he struggled to repay his taxi medallion loan, Abel Vela left his family in New York and moved back to Peru, where living costs were cheaper. 

    During the medallion bubble, the city produced a television commercial to promote the permits. In the ad, which aired in 2004, four cabbies stood around a taxi discussing the perks of the job. One said buying a medallion was the best decision he had ever made. They all smiled. Then Mr. Daus appeared on screen to announce an auction.

    Fifteen years later, the cabbies remember the ad with scorn. Three of the four were eventually enticed to refinance their original loans under far riskier terms that left them in heavy debt.

    One of the cabbies, Abel Vela, had to leave his wife and children and return to his home country, Peru, because living costs were lower there. He is now 74 and still working to survive.

    The city aired a commercial in 2004 to promote an upcoming auction of taxi medallions. The ad featured real cab drivers, but three of them eventually took on risky loans and suffered financial blows.
    The only woman in the ad, Marie Applyrs, a Haitian immigrant, fell behind on her loan payments and filed for bankruptcy in November 2017. She lost her cab, and her home. She now lives with her children, switching from home to home every few months.

    “When the ad happened, the taxi was in vogue. I think I still have the tape somewhere. It was glamorous,” she said. “Now, I’m in the poorhouse.”

    Today, the only person from the television commercial still active in the industry is Mr. Daus. He works as a lawyer for lenders.

    [Read Part 1 of The Times’s investigation: How Reckless Loans Devastated a Generation of Taxi Drivers]

    Madeline Rosenberg contributed reporting. Doris Burke contributed research. Produced by Jeffrey Furticella and Meghan Louttit.

    #USA #New_York #Taxi #Betrug #Ausbeutung

  • How a Movement That Never Killed Anyone Became the FBI’s No. 1 Domestic Terrorism Threat
    https://theintercept.com/2019/03/23/ecoterrorism-fbi-animal-rights

    While the arsons, which never hurt or killed anyone, largely took place in the late 1990s, the wave of arrests known as the “Green Scare” came in the post-9/11 era, when terrorism was the FBI’s prevailing obsession. The fur and biomedical industries had spent years lobbying the Justice Department and lawmakers to go after eco-activists, who had damaged their property, held audacious demonstrations decrying their business activities, and cost them millions of dollars. When the planes hit the twin towers, industry groups seized on the opportunity to push legislation, and federal law enforcement ramped up pursuit of radical activists in the name of counterterrorism.

    Photo: FBI
    So-called eco-terrorism became the Justice Department’s No. 1 domestic terror concern — “over the likes of white supremacists, militias, and anti-abortion groups,” as one senator pointed out at the time. Operation Backfire, which sent Dibee running, was the climax of the crackdown. “There was money, there was administrative support, there was management support,” said Jane Quimby, a retired FBI agent who worked on Backfire. The results were “an affirmation that given the resources that you need, and the support that you need, you can really make these things work.”

  • Video: Cerrado farmer shot amid escalating conflict with agribusiness
    https://news.mongabay.com/2019/02/video-cerrado-farmer-shot-amid-escalating-conflict-with-agribusiness

    This recent violent episode, recorded on a January 31 mobile phone video and made available exclusively by Mongabay, is a scene from an ongoing conflict between geraizeiro traditional communities and the large scale Agronegocio Estrondo plantation in Formosa do Rio Preto, Western Bahia state, Brazil.

    The ancestors of these geraizeiros came to this region – part of the vast Cerrado biome savanna ­– and settling here up to two centuries ago. Many are descendants of indigenous people and former slaves who arrived at the end of the 19th century. Their traditional settlements and the lands on which they raise small cattle herds, though often lacking deeds, are protected under federal law.

    #agro-industrie #Brésil #violences #terres

  • Why Signal and not Threema ? : signal
    https://www.reddit.com/r/signal/comments/852qor/why_signal_and_not_threema

    Signal is open source, Threema is not, so that disqualifies Threema as a secure app in my opinion. You could as well continue using WhatsApp since it’s also end to end encrypted but closed source. Wire is another great alternative, and it’s German.

    Hacker erklären, welche Messenger-App am sichersten ist - Motherboard
    https://motherboard.vice.com/de/article/7xea4z/hacker-erklaren-welche-messenger-app-am-sichersten-ist


    C’est en allemand, mais c’est valable sans égard de la langue que vous utilisez pour votre communication.
    – La communication sécurisée en ligne doit obligatoirement passer par une app et un prootocole open source.
    – Il vous faut un système qui exclue ou rend très difficile la collection de métatdonnées par des tiers.
    – Votre système de communication « voice » et « chat » doit fonctionner avec des clients smartphome et desktop si vous voulez entretenir un fil de commmunication indépendamment du type d’appareil à votre disposition.

    Passons sur les exigences plus poussées, je ne vois que Signal qui satisfait tous ces besoins. Après on peut toujours utiliser plusieurs « messenger apps » afin de rester au courant des « updates » de tout le monde - à l’exception des apps de Facebook (Whatsapp), Wechat et Google parce que leur utilistion constitue une menace de votre vie privée simplement par l’installation sur votre portable.

    Roland Schilling (33) und Frieder Steinmetz (28) haben vor sechs Jahren begonnen, an der TU Hamburg unter anderem zu dieser Frage zu forschen. In einer Zeit, als noch niemand den Namen Edward Snowden auch nur gehört hatte, brüteten Schilling und Steinmetz bereits über die Vor- und Nachteile verschiedener Verschlüsselungsprotokolle und Messenger-Apps. So haben sie beispielsweise im vergangenen Jahr geschafft, die Verschlüsselung von Threema per Reverse Engineering nachzuvollziehen.

    Ihre Forschung ist mittlerweile zu einer Art Aktivismus und Hobby geworden, sagen die beiden: Sie wollen Menschen außerhalb von Fachkreisen vermitteln, wie elementar die Privatsphäre in einer Demokratie ist. Im Interview erklären sie, auf was man bei der Wahl des Messengers achten soll, welche App in punkto Sicherheit nicht unbedingt hält, was sie verspricht und warum Kreditinstitute sich über datenhungrige Messenger freuen.
    ...
    Roland Schilling: Bei mir ist es anders. Ich bringe die Leute einfach dazu, die Apps zu benutzen, die ich auch nutze. Das sind ausschließlich Threema, Signal und Wire. Wenn Leute mit mir reden wollen, dann klappt das eigentlich immer auf einer von den Dreien.
    ...
    Frieder: ... Signal und WhatsApp etwa setzen auf die gleiche technische Grundlage, das Signal-Protokoll, unterscheiden sich aber in Nuancen. Threema hat ein eigenes, nicht ganz schlechtes Protokoll, das aber beispielsweise keine ‘Perfect Forward Secrecy’ garantiert. Die Technik verhindert, dass jemand mir in der Zukunft meinen geheimen Schlüssel vom Handy klaut und damit meine gesamte verschlüsselte Kommunikation entschlüsseln kann, die ich über das Handy geführt habe. Signal und WhatsApp haben das.
    ...
    Roland: Ein gutes Messenger-Protokoll ist Open Source und ermöglicht damit Forschern und der Öffentlichkeit, eventuell bestehende Schwachstellen zu entdecken und das Protokoll zu verbessern. Leider gibt es auf dem Messenger-Markt auch viele Angebote, die ihre vorgebliche „Verschlüsselung“ diesem Prozess entziehen und geheim halten, oder das Protokoll zwar veröffentlichen, aber auf Kritik nicht eingehen.

    Secure WhatsApp Alternatives – Messenger Comparison
    https://www.boxcryptor.com/en/blog/post/encryption-comparison-secure-messaging-apps

    Threema and Telegram under Control of Russia’s Government ?
    https://medium.com/@vadiman/threema-and-telegram-under-control-of-russias-government-f81f8e28714b

    WhatsApp Exploited by NSA and US Secret Services?
    Go to the profile of Vadim An
    Vadim An
    Mar 7, 2018
    This is the end of era centralized communication!

    The 2017/2018 years are hot and saturated with cybersecurity challenges. Almost every week, a major media source reported hacking incidents or backdoor exploits in popular communication and messaging services. Some of which granted government agents unauthorized access to private and confidential information from within the communications industry.

    According to mass-media reports, one of the most popular Swiss secure messaging apps Threema moved under the control of the Russian government and has been listed in the official registry with a view to controlling user communications.

    This can be seen on regulatory public website https://97-fz.rkn.gov.ru/organizer-dissemination/viewregistry/#searchform

    This knockout news was commented by Crypviser — innovative German developer of the most secure instant communication platform based on Blockchain technologies, of the point of view, what does it mean for millions of Threema users?

    To answer this question, let’s understand the requirements for getting listed in this registry as an “information-dissemination organizers” according to a new Russian federal law, beginning from 01 June 2018.

    The law requires that all companies listed in internet regulator’s registry must store all users’ metadata (“information about the arrival, transmission, delivery, and processing of voice data, written text, images, sounds, or other kinds of action”), along with content of correspondence, voice call records and make it accessible to the Russian authorities. Websites can avoid the hassle of setting aside this information by granting Russian officials unfettered, constant access to their entire data stream.

    This is very bad news for Threema users. Threema officials have reported that they are not aware of any requirements to store, collect, or provide information. Maybe not yet though since there is still some time until 01 June 2018 when the new law kicks in and Threema will be obligated to provide direct access to sensitive user’s data.

    It’s possible that Threema is fully aware of this despite claiming otherwise. They may realize that the most popular messenger in Russia, Telegram, has been under pressure since refusing to officially cooperate with Russian secret services. If Russia takes steps to block Telegram as a result, then Threema would become the next best alternative service. That is assuming they’re willing to violating the security and privacy rights of its users by giving in to the new law’s requirements.

    Based on the reports of Financial Time magazine, the Telegram founder agreed to register their app with Russian censors by the end of June 2017. This, however; is not a big loss for Telegram community because of the lack of security in Telegram to date. During the last 2 years, its security protocol has been criticized many times and many security issues were found by researchers. Although there is no direct evidence showing that Telegram has already cooperated with the Russian government or other governments, these exploitable bugs and poor security models make Telegram users vulnerable victims to hackers and secret services of different countries.

    The same security benchmark issues have been explored in the biggest communication app WhatsApp. The security model of WhatsApp has been recognized as vulnerable by the most reputed cryptographic experts and researchers worldwide. According to the Guardian, a serious “backdoor” was found in encryption. More specifically, the key exchange algorithm.

    A common security practice in encrypted messaging services involves the generation and store of a private encryption key offline on the user’s device. And only the public key gets broadcasted to other users through the company’s server. In the case of WhatsApp, we have to trust the company that it will not alter public key exchange mechanism between the sender and receiver to perform man-in-the-middle attack for snooping of users encrypted private communication.

    Tobias Boelter, security researcher from the University of California, has reported that WhatsApp’s end-to-end encryption, based on Signal protocol, has been implemented in a way that if WhatsApp or any hacker intercepts your chats, by exploiting trust-based key exchange mechanism, you will never come to know if any change in encryption key has occurred in the background.

    The Guardian reports, “WhatsApp has implemented a backdoor into the Signal protocol, giving itself the ability to force the generation of new encryption keys for offline users and to make the sender re-encrypt messages with new keys and send them again for any messages that have not been marked as delivered. The recipient is not made aware of this change in encryption.”

    But on the other hand, the developer of Signal messaging app Open Whisper Systems says, ”There is no WhatsApp backdoor”, “it is how cryptography works,” and the MITM attack “is endemic to public key cryptography, not just WhatsApp.”

    It’s worth noting that none of the security experts or the company itself have denied the fact that, if required by the government, WhatsApp can intercept your chats. They do say; however, WhatsApp is designed to be simple, and users should not lose access to messages sent to them when their encryption key is changed. With this statement, agrees on a cybersecurity expert and CTO of Crypviser, Vadim Andryan.

    “The Man-in-the-Middle attack threat is the biggest and historical challenge of asymmetric cryptography, which is the base of end-to-end encryption model. It’s hard to say, is this “backdoor” admitted intentionally or its became on front due lack of reliable public — key authentication model. But it definitely one of the huge disadvantages of current cryptographic models used for secure instant communication networks, and one of the main advantage of Crypviser platform.”

    Crypviser has introduced a new era of cryptography based on Blockchain technologies. It utilizes Blockchain to eliminate all threats of Man-in-the-Middle attack and solves the historical public key encryption issue by using decentralized encryption keys, exchanges, and authorization algorithms. The authentication model of Crypviser provides public key distribution and authorization in peer-to-peer or automated mode through Blockchain.

    After commercial launch of Crypviser unified app, ”messenger” for secure social communication will be available on the market in free and premium plans. The free plan in peer-to-peer authentication mode requires user interaction to check security codes for every new chat and call. The full-featured premium plan offers Blockchain based automated encryption model and powerful professional security features on all levels.

    You can see the comperisation table of Crypviser with centralized alternatives in the below table

    #internet #communication #sécurité #vie_privée

  • The Border Patrol Has Been a Cult of Brutality Since 1924
    https://theintercept.com/2019/01/12/border-patrol-history

    Since its founding in the early 20th century, the U.S. Border Patrol has operated with near-complete impunity, arguably serving as the most politicized and abusive branch of federal law enforcement — even more so than the FBI during J. Edgar Hoover’s directorship. The 1924 Immigration Act tapped into a xenophobia with deep roots in the U.S. history. The law effectively eliminated immigration from Asia and sharply reduced arrivals from southern and eastern Europe. Most countries were now (...)

    #ICE #migration #frontières #surveillance

  • Betting on #blockchain
    https://hackernoon.com/blockchain-startups-betting-prediction-markets-mass-adoption-6790b100549

    How blockchain startups are using online betting and prediction markets to drive mass adoption and power the next generation of blockchain development.Betting on BlockchainThe recent drop in cryptocurrency prices might be discouraging to some traders, but those who are passionate about the underlying technology of the blockchain are more excited than ever as more blockchain projects turn into real-world applications.Online betting and prediction markets are an astute entry point for blockchain startups. First, there are lots of ways the decentralized, immutable, and transparent qualities of blockchain technology could improve upon existing online betting/prediction market options. Second, on May 14, 2018, the Supreme Court of the United States struck down a federal law that banned (...)

    #betting-on-blockchain #cryptocurrency-betting #startup #blockchain-betting

  • Trump Inaugural Fund and Super PAC Said to Be Scrutinized for Illegal Foreign #Donations - The New York Times
    https://www.nytimes.com/2018/12/13/us/politics/trump-inauguration-investigation.html

    Aux #Etats-Unis se faire corrompre est légalisé jusqu’à un certain point,

    The inquiry focuses on whether people from Middle Eastern nations — including Qatar, Saudi Arabia and the United Arab Emirates — used straw donors to disguise their donations to the two funds. Federal law prohibits foreign contributions to federal campaigns, political action committees and inaugural funds.

    #corrompus#modérés

  • Arizona border residents speak out against Donald Trump’s deployment of troops

    Residents from Arizona borderland towns gathered Thursday outside the Arizona State Capitol to denounce President Donald Trump’s deployment of at least 5,200 U.S. troops to the U.S.-Mexico border.

    The group of about a dozen traveled to Phoenix to hold the event on the Arizona State Capitol lawn. The press conference took place as a caravan of migrants seeking asylum continues to move north through Mexico toward the United States.

    “The U.S. government response to asylum seekers has turned to military confrontation,” said Amy Juan, a member of the Tohono O’odham Nation, who spoke at the event on the Arizona State Capitol lawn.

    “We demand an end to the rhetoric of dehumanization and the full protection of human rights for all migrants and refugees in our borderlands.”

    Juan and her group said many refugees confronted by military at the border will circumvent them by way of “dangerous foot crossings through remote areas.”

    “Already this year, hundreds of remains of migrants and refugees have been recovered in U.S. deserts,” Juan said. “As front-line border communities, we witness and respond to this tragedy firsthand.”

    While she spoke at a lectern, others held a sign saying, “Troops out now. Our communities are not war zones.”

    As the press conference unfolded, the Trump administration announced a plan to cut back immigrants’ ability to request asylum in the United States.

    Those from Arizona borderland towns are also concerned that border communities, such as Ajo, the Tohono O’odham Nation, Arivaca and others, may see an increased military presence.

    “I didn’t spend two years in Vietnam to be stopped every time I come and go in my own community,” said Dan Kelly, who lives in Arivaca, an unincorporated community in Pima County, 11 miles north of the U.S.-Mexico border.

    A major daily hiccup

    Many border-community residents complain the current law enforcement presence, absent the new U.S. troops, creates a major hiccup in everyday life.

    “Residents of Arivaca, Ajo, the Tohono O’odham Nation, they are surrounded on all sides by checkpoints. They are surrounded on all sides by border patrol stations. Every time they go to the grocery store, they pass a border patrol vehicle,” said Billy Peard, an attorney for ACLU Arizona.

    Juan says she gets anxiety from these checkpoints because she has been stopped and forced to get out of her car while federal agents and a dog search for signs of drugs or human smuggling.

    Juan calls the fear of these type of situations “checkpoint trauma.”

    “It’s really based upon their suspicions,” she said of authorities at checkpoints. “Even though we are not doing anything wrong, there’s still that fear.”

    Many of those speaking at Thursday’s event accused the federal government of racial profiling, targeting Latino and tribal members. They said they are often subjected to prolonged questioning, searches, and at times, harassment.

    “A lot of people can sway this as a political thing,” Juan said. “But, ultimately, it’s about our quality of life.”


    https://eu.azcentral.com/story/news/politics/border-issues/2018/11/08/arizona-border-residents-speak-out-against-trumps-troop-deployment/1934976002
    #murs #barrières_frontalières #résistance #asile #migrations #réfugiés #frontières #USA #Etats-Unis

    • In South Texas, the Catholic Church vs. Trump’s Border Wall

      A charismatic priest and the local diocese hope to save a 120-year-old chapel near the Rio Grande.

      Around the Texas border town of Mission, Father Roy Snipes is known for his love of Lone Star beer, a propensity to swear freely and the menagerie of rescue dogs he’s rarely seen without. At 73, Father Roy, as he’s universally known, stays busy. He says around five masses a week at Our Lady of Guadalupe Church in downtown Mission, and fields endless requests to preside over weddings and funerals. Lately, he’s taken on a side gig: a face of the resistance to Trump’s “big, beautiful” border wall.

      “It’ll be ugly as hell,” said Snipes. “And besides that, it’s a sick symbol, a countervalue. We don’t believe in hiding behind Neanderthal walls.”

      For Snipes, Trump’s wall is no abstraction. It’s set to steal something dear from him. Snipes is the priest in charge of the La Lomita chapel, a humble sandstone church that has stood for 120 years just a few hundred yards from the Rio Grande, at the southern outskirts of Mission. Inside its walls, votive candles burn, and guestbooks fill up with Spanish and English messages left by worshippers.

      Snipes belongs to the Oblates of Mary Immaculate, the congregation of priests that built the chapel in 1899. Nearly 40 years ago, he took his final vows at La Lomita, which was named for a nearby hillock. At sunset, he said, he often piles a couple canines into his van and drives the gravel levee road that leads to the chapel, where he prays and walks the dogs. Local residents worship at La Lomita every day, and as a state historical landmark, it draws tourists from around Texas. For Snipes, the diminutive sanctuary serves as a call to humility. “We come from a long line of hospitable, humble and kind people, and La Lomita is a reminder of that,” he said. “It’s the chapel of the people.”

      If Trump has his way, the people’s chapel will soon languish on the wrong side of a 30-foot border wall, or be destroyed entirely. Already, Border Patrol agents hover day and night at the entrance to the 8-acre La Lomita property, but Snipes thinks a wall would be another matter. Even if the chapel survives, and even if it remains accessible via an electronic gate in the wall, he thinks almost all use of the chapel would end. To prevent that, the Roman Catholic Diocese of Brownsville, which owns La Lomita, is fighting in court to keep federal agents off the land — but it’s a Hail Mary effort. Border residents have tried, and failed, to halt the wall before.

      Here’s what the La Lomita stretch of wall would look like: As in other parts of Hidalgo County, the structure would be built on an existing earthen river levee. First, federal contractors working for Customs and Border Protection (CBP) and the U.S. Army Corps of Engineers would cut away the levee’s sloped south half and replace it with a sheer concrete wall, about 15 feet high, then top the wall with 18-foot steel bollards. In total, the levee wall and metal fencing would reach more than three stories high. Longtime border activist Scott Nicol has called the proposed structure a “concrete and steel monstrosity.”

      And it doesn’t end there. The contractors would also clear a 150-foot “enforcement zone” to the south, a barren strip of land for patrol roads, sensors, camera towers and flood lights. Because La Lomita stands well within 150 feet of the existing levee, activists fear the historic structure could be razed. In an October online question-and-answer session, CBP responded vaguely: “It has not yet been decided how the La Lomita chapel will be accommodated.” The agency declined to answer questions for this story.

      This month, Congressional Democrats and Trump are feuding over further funding for the wall, but the administration already has the money it needs to build through La Lomita: $641 million was appropriated in March for 33 miles of wall in the Rio Grande Valley. In October, the Department of Homeland security also invoked its anti-terrorism authority to waive a raft of pesky environmental and historic preservation regulations for a portion of that mileage, including La Lomita’s segment. No contract has been awarded for the stretch that would endanger the chapel yet, so there’s no certain start date, but CBP plans to start construction elsewhere in Hidalgo County as soon as February.

      Unlike in Arizona and California, the land along the Rio Grande — Texas’ riverine border — is almost entirely owned by a collection of farmers, hobbyist ranchers, entrepreneurs and deeply rooted Hispanic families who can truly say the border crossed them. Ninety-five percent of Texas borderland is private. That includes #La_Lomita, whose owner, the diocese in #Brownsville, has decided to fight back.

      Multiple times this year, court filings show, federal agents pressed the diocese to let them access the property so they could survey it, a necessary step before using eminent domain to take land for the wall. But the diocese has repeatedly said “no,” forcing the government to file a lawsuit in October seeking access to the property. The diocese shot back with a public statement, declaring that “church property should not be used for the purposes of building a border wall” and calling the wall “a sign contrary to the Church’s mission.”

      The diocese is also challenging the government in court. In a pair of recent court filings responding to the lawsuit, the diocese argues that federal agents should not be allowed to enter its property, much less construct the border wall, because doing so would violate both federal law and the First Amendment. It’s a legalistic version of Snipes’ claim that the wall would deter worshippers.

      “The wall would have a chilling effect on people going there and using the chapel, so in fact, it’s infringing or denying them their right to freedom of religion,” said David Garza, the Brownsville attorney representing the diocese. “We also don’t believe the government has a compelling interest to put the wall there; if they wanted to put technology or sensors, that might be a different story.”

      It’s a long-shot challenge, to be sure. Bush and Obama already built 110 miles of wall in Texas between 2008 and 2010, over the protests of numerous landowners. But this may be the first time anyone’s challenged the border wall on freedom-of-religion grounds. “I’ve been looking for the needle in the haystack, but a case of this nature, I’m not aware of,” Garza said. A hearing in the case is set for early January.

      When I visited the Mission area in November, Father Snipes insisted that we conduct our interview out on the Rio Grande at sunset. Two of his dogs joined us in the motorboat.

      As we dawdled upriver, watching the sky bleed from to red to purple, Snipes told me the story behind something I’d seen earlier that day: a trio of wooden crosses protruding from the ground between La Lomita and the levee. There, he said, he’d buried a llama and a pair of donkeys, animals who’d participated in Palm Sunday processions from his downtown church to La Lomita, reenactments of Christ’s entry into Jerusalem. The animals had carried Jesus. So close to the levee, the gravesites would likely be destroyed during wall construction.

      As the day’s last light faded, Snipes turned wistful. “I thought the government was supposed to protect our freedom to promote goodness and truth and beauty,” he lamented. “Even if they won’t promote it themselves.”

      https://www.texasobserver.org/in-south-texas-the-catholic-church-vs-trumps-border-wall
      #Eglise #Eglise_catholique

  • How #technology is revolutionizing the #cannabis market
    https://hackernoon.com/how-technology-is-revolutionizing-the-cannabis-market-2dc04c15d965?sourc

    (Source)There is a growing demand for cannabis in North America and growers are struggling to keep up. Those in the retailing business in Alberta, Canada are already having trouble keeping up and it has only been days since the legalization of recreational #marijuana. Those in the U.S. are not facing the same problem yet but if the Senate makes progress towards amending the federal law on cannabis substances, then growers and retailers will be put on the same spot.Since the industry is going through massive changes, technological advancements are beginning to play an important role in the daily operations of growers and retailers. Technology is being used for an array of purposes including supply chain management, e-commerce guidance and even artificial intelligence in the production (...)

    #innovation #emerging-technology

  • Kaczynski’s comments on McVeigh
    http://www.3-3-3.org/docs/Kaczynski%27s+comments%20on%20McVeigh.htm
    La psychologie d’un terroriste étatsunien décrite par un autre terroriste étatsunien

    The following is from Appendix B, pages 398 - 402 of the book American Terrorist: Timothy McVeigh & the Oklahoma city bombing by Lou Michel and Dan Herbeck.
    On April 25, 2000, convicted Unabomber Theodore Kaczynski sent a letter to the authors of this book detailing his impressions of Timothy McVeigh. Its text---eleven pages in the handwritten original---is reproduced here in full.

    I should begin by noting that the validity of my comments about McVeigh is limited by the fact that I didn’t know him terribly well. We were often put in the outdoor rec yard together in separate wire-mesh cages, but I always spent most of the rec period running in a small oval, because of the restricted area of the cages and consequently I had only about 15 or 20 minutes of each rec period for talking with other inmates. Also, I was at first reluctant to become friendly with McVeigh because I thought (correctly) that any friendly relations between McVeigh and me would be reported to the media and I also thought (incorrectly, it seems) that such reports would lose me many supporters. But my reluctance very soon passed away: When you’re confined with other people under the conditions that exist on this range of cells, you develop a sense of solidarity with them regardless of any differences or misgivings.

    On a personal level I like McVeigh and I imagine that most people would like him. He was easily the most outgoing of all the inmates on our range of cells and had excellent social skills. He was considerate of others and knew how to deal with people effectively. He communicated somehow even with the inmates on the range of cells above ours, and, because he talked with more people, he always knew more about what was going on than anyone else on our range.

    Another reason why he knew more about what was going on was that he was very observant. Up to a point, I can identify with this trait of McVeigh’s. When you’ve lived in the woods for a while you get so that your senses are far more alert than those of a city person; you will hardly miss a footprint, or even a fragment of one, and the slightest sound, if it deviates from the pattern of sounds that you’re expecting to hear at a given time and place, will catch your attention. But when I was away from the woods, or even when I was in my cabin or absorbed in some task, my senses tended to turn inward, so to speak, and the observant alertness was shut off. Here at the ADX, my senses and my mind are turned inward most of the time, so it struck me as remarkable that even in prison McVeigh remained alert and consistently took an interest in his surroundings.

    It is my impression that McVeigh is very intelligent. He thinks seriously about the problems of our society, especially as they relate to the issue of individual freedom, and to the extent that he expressed his ideas to me they seemed rational and sensible. However, he discussed these matters with me only to a limited extent and I have no way of being sure that he does not have other ideas that he did not express to me and that I would not consider rational or sensible. I know almost nothing about McVeigh’s opinions concerning the U.S. government or the events at Waco and Ruby Ridge. Someone sent me a transcript of his interview with 60 Minutes, but I haven’t read it yet. Consequently, I have no way of knowing whether I would consider his opinion on these subjects to be rational or sensible.

    McVeigh is considered to belong to the far right, and for that reason some people apparently assume that he has racist tendencies. But I saw no indication of this. On the contrary, he was on very friendly terms with the African-American inmates here and I never heard him make any remark that could have been considered even remotely racist. I do recall his mentioning that prior to the Gulf War, he and other soldiers were subjected to propaganda designed to make them hate the people they were going to fight, but when he arrived in the Persian Gulf area he discovered that the “enemies” he was supposed to kill were human beings just like himself, and he learned to respect their culture.

    McVeigh told me of his idea (which I think may have significant merit) that certain rebellious elements on the American right and left respectively had more in common with one another than is commonly realized, and that the two groups ought to join forces. This led us to discuss, though only briefly, the question of what constitutes the “right.” I pointed out that the word “right,” in the political sense, was originally associated with authoritarianism, and I raised the question of why certain radically anti-authoritarian groups (such as the Montana Freemen) were lumped together with authoritarian factions as the “right.” McVeigh explained that the American far right could be roughly divided into two branches, the fascist/racist branch, and the individualistic or freedom-loving branch which generally was not racist. He did not know why these two branches were lumped together as the “right,” but he did suggest a criterion that could be used to distinguish left from right: the left (in America today) generally dislikes firearms, while the right tends to be attracted to firearms.

    By this criterion McVeigh himself would have to be assigned to the right. He once asked me what kind of rifle I’d used for hunting in Montana, and I said I’d had a .22 and a .30-06. On a later occasion McVeigh mentioned that one of the advantages of a .30-06 was that one could get armor-piercing ammunition for it. I said, “So what would I need armor-piercing ammunition for?” In reply, McVeigh indicated that I might some day want to shoot at a tank. I didn’t bother to argue with him, but if I’d considered it worth the trouble I could have given the obvious answer: that the chances that I would ever have occasion to shoot at a tank were very remote. I think McVeigh knew well that there was little likelihood that I would ever need to shoot at a tank---or that he would either, unless he rejoined the Army. My speculative interpretation is that McVeigh resembles many people on the right who are attracted to powerful weapons for their own sake and independently of any likelihood that they will ever have a practical use for them. Such people tend to invent excuses, often far-fetched ones, for acquiring weapons for which they have no real need.

    But McVeigh did not fit the stereotype of the extreme right-wingers. I’ve already indicated that he spoke of respect for other people’s cultures, and in doing so he sounded like a liberal. He certainly was not a mean or hostile person, and I wasn’t aware of any indication that he was super patriotic. I suspect that he is an adventurer by nature, and America since the closing of the frontier has had little room for adventurers.

    McVeigh never discussed the Oklahoma City bombing with me, nor did he ever make any admissions in my hearing. I know nothing about that case except what the media have said, so I’m not going to offer any opinion about whether McVeigh did what they say he did. However, assuming that the Oklahoma City bombing was intended as a protest against the U.S. government in general and against the government’s actions at Waco in particular, I will say that I think the bombing was a bad action because it was unnecessarily inhumane.

    A more effective protest could have been made with far less harm to innocent people. Most of the people who died at Oklahoma City were, I imagine, lower-level government employees---office help and the like---who were not even remotely responsible for objectionable government policies or for the events at Waco. If violence were to be used to express protest, it could have been used far more humanely, and at the same time more effectively, by being directed at the relatively small number of people who were personally responsible for the policies or actions to which the protesters objected. Such protest would have attracted just as much national attention as the Oklahoma City bombing and would have involved relatively little risk to innocent people. Moreover, the protest would have earned far more sympathy than the Oklahoma City bombing did, because it is safe to assume that many anti-government people who might have accepted violence that was more limited and carefully directed were repelled by the large loss of innocent life at Oklahoma City.

    The media teach us to be horrified at the Oklahoma City bombing, but I won’t have time to be horrified at it as long as there are greater horrors in the world that make it seem insignificant by comparison. Moreover, our politicians and our military kill people in far larger numbers than was done at Oklahoma City, and they do so for motives that are far more cold blooded and calculating. On orders from the president, a general will kill some thousands of people (usually including many civilians regardless of efforts to avoid such losses) without bothering to ask himself whether the killing is justified. He has to follow orders because his only other alternative would be to resign his commission, and naturally he would rather kill a few thousand people than spoil his career. The politicians and the media justify these actions with propaganda about “defending freedom.” However, even if America were a free society (which it is not), most U.S. military action during at least the last couple of decades has not been necessary for the survival of American society but has been designed to protect relatively narrow economic or political interests or to boost the president’s approval rating in the public-opinion polls.

    The media portray the killing at Oklahoma City as a ghastly atrocity, but I remember how they cheered the U.S. action in the Gulf War just as they might have cheered for their favorite football team. The whole thing was treated as if it were a big game. I didn’t see any sob stories about the death agonies of Iraqi soldiers or about their grieving families. It’s easy to see the reason for the difference: America’s little wars are designed to promote the interests of “the system,” but violence at home is dangerous to the system, so the system’s propaganda has to teach us the correspondingly correct attitudes toward such events. Yet I am much less repelled by powerless dissidents who kill a couple hundred because they think they have no other way to effectively state their protest, than I am by politicians and generals---people in positions of great power---who kill hundreds or thousands for the sake of cold calculated political and economic advantages.

    You asked for my thoughts on the behavior of federal law enforcement officers. My personal experience suggests that federal law enforcement officers are neither honest nor competent, and that they often disobey their own rules.

    I’ve found by experience that any communication with journalists is risky for one in my position. I’m taking the risk in this case mainly because I think that McVeigh would want me to help you in the way that I have. As I indicated near the beginning of this letter, when you’re locked up with other people you develop a sense of solidarity with them in spite of any differences.

    Sincerely yours, Ted Kaczynski.

    #USA #terrorisme #psychologie

  • Sales of “Ghost Guns” Are Spiking After the Parkland Shooting

    http://www.slate.com/blogs/the_vault/2014/01/06/child_labor_history_maps_showing_regulation_of_kids_work_in_the_1930s.html

    ... Attendance to school « affecting » employement...

    These maps, which come from a 1933 Department of Labor report on child labor, document the uneven effects of state laws regulating the employment of children and teenagers.

    During the first decades of the 20th century, progressives sought to regulate what they saw as exploitative employment of poor and immigrant children. Photographers such as Lewis Hine documented impossibly tiny newsboys, textile workers, and field hands, making a visual appeal to middle-class Americans, who were properly horrified.

    When Congress tried to regulate child labor on the federal level by passing the Keating-Owen Act of 1916, the Supreme Court ruled the effort unconstitutional. Advocates stepped in and passed a patchwork of laws on the state level. (The Fair Labor Standards Act, passed in 1938, was the first successful federal law to regulate child labor.)

    #travail_des_enfants #états-unis #cartographie #visualisation #sémiologie #esclavage_moderne

  • About-Face Tweet on Florida Drilling May Backfire on U.S. Agency - Bloomberg
    https://www.bloomberg.com/news/articles/2018-01-10/about-face-tweet-on-florida-drilling-may-backfire-on-u-s-agency

    Interior Secretary Ryan Zinke just handed offshore drilling foes ammunition for lawsuits by declaring the Florida coast off limits.

    Zinke declared he would dial back a proposal to auction drilling rights in as much as 90 percent of U.S. coastal waters less than a week after the plan was unveiled. The decision, announced Tuesday in a tweet, appeared to circumvent a detailed process laid out in federal law and came without any detailed explanation to justify the changes.

    It’s politically unwise and legally unwise,” said Michael Livermore, an administrative law professor at the University of Virginia. "They have a draft out there, and there is a formal process for making changes to the draft. And they’re circumventing that."

    Zinke’s declaration followed a meeting with one of the plan’s top Republican opponents, Florida Governor Rick Scott.
    […]
    At least 11 governors have asked the Interior Department to leave their states out of any new leasing plan. Some of them responded to Zinke’s pronouncement by demanding meetings with the Interior secretary to argue against new offshore drilling near their shores.

    New York doesn’t want drilling off our coast either,” the state’s governor, Andrew Cuomo, said on Twitter. “Where do we sign up for a waiver?

    Representative Ted Lieu, a Democrat from California, said Zinke did “not justify discriminatory agency action in favor of Florida over other states” and offered “no evidence other governors can’t be trusted.

    Il y a 23 états côtiers aux É.-U. (dont 4 (hors Floride) sur le Golfe du Mexique pour lequel l’appel d’offres pour les permis d’exploration à déjà été publié.

    • Waters Near Florida Still Being Considered for Oil Drilling - Bloomberg
      https://www.bloomberg.com/news/articles/2018-01-19/waters-near-florida-still-being-considered-for-oil-drilling

      Despite Interior Secretary Ryan Zinke’s Jan. 9 declaration that Florida is “off the table” for offshore oil drilling, that activity is actually still on the table.

      The acting director of the Bureau of Ocean Energy Management made clear Friday that Zinke’s decision, announced on Twitter and described to reporters in the Tallahassee airport, doesn’t stop a formal process of considering whether to sell drilling rights in waters near the Florida coast.

      It is not a formal action,” Walter Cruickshank told a House subcommittee. That means waters around Florida, including the south Atlantic and eastern Gulf of Mexico, remain under consideration. “They are still part of the analysis until the secretary gives us an official decision otherwise.

      Une chose est sure, la bataille de lobbies bat son plein.

      Et cette déclaration ressemble bien à une tentative de désamorçage des recours auxquels la déclaration de R. Zinke a ouvert un boulevard.

  • Foreign Lobbyists Contributed More Than $4.5 Million to Candidates in 2016 Elections
    http://www.ibtimes.com/political-capital/foreign-lobbyists-contributed-more-45-million-candidates-2016-elections-262

    Because the donations come from foreign governments’ U.S.-based lobbyists, they effectively circumvent American laws designed to bar direct foreign donations. Under federal law, foreign nationals are prohibited from donating to any federal, state, or local campaigns, or political parties. But foreign governments frequently hire U.S. citizens to represent their interests, and those people face no such contribution ban.

    [...]

    Top recipients of foreign lobbyist money
    Hillary Clinton (D)
    [...]

    [...]

    Few foreign governments wield as much influence in Washington as Saudi Arabia. The Gulf monarchy employed about 20 lobbying firms during 2016 cycle. Employees of four of those firms — the Podesta Group, BGR Government Affairs, Brownstein Hyatt Farber Schreck, and the Glover Park Group — gave more than $580,000 to federal candidates.

    #lobbying #démocratie #états-unis #entourloupes

  • Facebook Lets Advertisers Exclude Users by Race — ProPublica
    https://www.propublica.org/article/facebook-lets-advertisers-exclude-users-by-race

    Imagine if, during the Jim Crow era, a newspaper offered advertisers the option of placing ads only in copies that went to white readers.

    That’s basically what Facebook is doing nowadays.

    The ubiquitous social network not only allows advertisers to target users by their interests or background, it also gives advertisers the ability to exclude specific groups it calls “Ethnic Affinities.” Ads that exclude people based on race, gender and other sensitive factors are prohibited by federal law in housing and employment.

    Machine Bias

    Investigating Algorithmic Injustice

    Imagine if, during the Jim Crow era, a newspaper offered advertisers the option of placing ads only in copies that went to white readers.

    That’s basically what Facebook is doing nowadays.

    The ubiquitous social network not only allows advertisers to target users by their interests or background, it also gives advertisers the ability to exclude specific groups it calls “Ethnic Affinities.” Ads that exclude people based on race, gender and other sensitive factors are prohibited by federal law in housing and employment.

    Here is a screenshot of an ad we purchased in Facebook’s housing categories via the company’s advertising portal:

    The ad we purchased was targeted to Facebook members who were house hunting and excluded anyone with an “affinity” for African-American, Asian-American or Hispanic people. (Here’s the ad itself.)

    When we showed Facebook’s racial exclusion options to a prominent civil rights lawyer John Relman, he gasped and said, “This is horrifying. This is massively illegal. This is about as blatant a violation of the federal Fair Housing Act as one can find.”

    La réponse “langue de bois en béton” de Facebook :

    Facebook says its policies prohibit advertisers from using the targeting options for discrimination, harassment, disparagement or predatory advertising practices.

    “We take a strong stand against advertisers misusing our platform: Our policies prohibit using our targeting options to discriminate, and they require compliance with the law,” said Steve Satterfield, privacy and public policy manager at Facebook. “We take prompt enforcement action when we determine that ads violate our policies."

    Satterfield said it’s important for advertisers to have the ability to both include and exclude groups as they test how their marketing performs. For instance, he said, an advertiser “might run one campaign in English that excludes the Hispanic affinity group to see how well the campaign performs against running that ad campaign in Spanish. This is a common practice in the industry.”

    He said Facebook began offering the “Ethnic Affinity” categories within the past two years as part of a “multicultural advertising” effort.

    La réponse sur le sens à donner à “Ethnic affinity” est intéressante, en ce qu’elle ne s’appuie pas sur une déclaration d’origine ethnique, mais sur l’analyse des affinités (amitiés + comportement), ce que le média social sait très bien faire tout seul.
    Satterfield added that the “Ethnic Affinity” is not the same as race — which Facebook does not ask its members about. Facebook assigns members an “Ethnic Affinity” based on pages and posts they have liked or engaged with on Facebook.

    When we asked why “Ethnic Affinity” was included in the “Demographics” category of its ad-targeting tool if it’s not a representation of demographics, Facebook responded that it plans to move “Ethnic Affinity” to another section.

    Bon, l’article date de 2016... voir si c’est encore d’actualité. Mais le processus est intéressant à suivre.

    #Facebook #Publicité #Racisme

  • Uber Pushed the Limits of the Law. Now Comes the Reckoning - Bloomberg
    https://www.bloomberg.com/news/features/2017-10-11/uber-pushed-the-limits-of-the-law-now-comes-the-reckoning

    The ride-hailing company faces at least five U.S. probes, two more than previously reported, and the new CEO will need to dig the company out of trouble.

    Illustration: Maria Nguyen
    By Eric Newcomer
    October 11, 2017, 10:11 AM GMT+2

    Shortly after taking over Uber Technologies Inc. in September, Dara Khosrowshahi told employees to brace for a painful six months. U.S. officials are looking into possible bribes, illicit software, questionable pricing schemes and theft of a competitor’s intellectual property. The very attributes that, for years, set the company on a rocket-ship trajectory—a tendency to ignore rules, to compete with a mix of ferocity and paranoia—have unleashed forces that are now dragging Uber back down to earth.

    Uber faces at least five criminal probes from the Justice Department—two more than previously reported. Bloomberg has learned that authorities are asking questions about whether Uber violated price-transparency laws, and officials are separately looking into the company’s role in the alleged theft of schematics and other documents outlining Alphabet Inc.’s autonomous-driving technology. Uber is also defending itself against dozens of civil suits, including one brought by Alphabet that’s scheduled to go to trial in December.

    “There are real political risks for playing the bad guy”
    Some governments, sensing weakness, are moving toward possible bans of the ride-hailing app. London, one of Uber’s most profitable cities, took steps to outlaw the service, citing “a lack of corporate responsibility” and specifically, company software known as Greyball, which is the subject of yet another U.S. probe. (Uber said it didn’t use the program to target officials in London, as it had elsewhere, and will continue to operate there while it appeals a ban.) Brazil is weighing legislation that could make the service illegal—or at least treat it more like a taxi company, which is nearly as offensive in the eyes of Uber.

    Interviews with more than a dozen current and former employees, including several senior executives, describe a widely held view inside the company of the law as something to be tested. Travis Kalanick, the co-founder and former CEO, set up a legal department with that mandate early in his tenure. The approach created a spirit of rule-breaking that has now swamped the company in litigation and federal inquisition, said the people, who asked not to be identified discussing sensitive matters.

    Kalanick took pride in his skills as a micromanager. When he was dissatisfied with performance in one of the hundreds of cities where Uber operates, Kalanick would dive in by texting local managers to up their game, set extraordinary growth targets or attack the competition. His interventions sometimes put the company at greater legal risk, a group of major investors claimed when they ousted him as CEO in June. Khosrowshahi has been on an apology tour on behalf of his predecessor since starting. Spokespeople for Kalanick, Uber and the Justice Department declined to comment.

    Kalanick also defined Uber’s culture by hiring deputies who were, in many instances, either willing to push legal boundaries or look the other way. Chief Security Officer Joe Sullivan, who previously held the same title at Facebook, runs a unit where Uber devised some of the most controversial weapons in its arsenal. Uber’s own board is now looking at Sullivan’s team, with the help of an outside law firm.

    Salle Yoo, the longtime legal chief who will soon leave the company, encouraged her staff to embrace Kalanick’s unique corporate temperament. “I tell my team, ‘We’re not here to solve legal problems. We’re here to solve business problems. Legal is our tool,’” Yoo said on a podcast early this year. “I am going to be supportive of innovation.”

    From Uber’s inception, the app drew the ire of officials. After a couple years of constant sparring with authorities, Kalanick recognized he needed help and hired Yoo as the first general counsel in 2012. Yoo, an avid tennis player, had spent 13 years at the corporate law firm Davis Wright Tremaine and rose to become partner. One of her first tasks at Uber, according to colleagues, was to help Kalanick answer a crucial question: Should the company ignore taxi regulations?

    Around that time, a pair of upstarts in San Francisco, Lyft Inc. and Sidecar, had begun allowing regular people to make money by driving strangers in their cars, but Uber was still exclusively for professionally licensed drivers, primarily behind the wheel of black cars. Kalanick railed against the model publicly, arguing that these new hometown rivals were breaking the law. But no one was shutting them down. Kalanick, a fiercely competitive entrepreneur, asked Yoo to help draft a legal framework to get on the road.

    By January 2013, Kalanick’s view of the law changed. “Uber will roll out ridesharing on its existing platform in any market where the regulators have tacitly approved doing so,” Kalanick wrote in a since-deleted blog post outlining the company’s position. Uber faced some regulatory blowback but was able to expand rapidly, armed with the CEO’s permission to operate where rules weren’t being actively enforced. Venture capitalists rewarded Uber with a $17 billion valuation in 2014. Meanwhile, other ride-hailing startups at home and around the world were raising hundreds of millions apiece. Kalanick was determined to clobber them.

    One way to get more drivers working for Uber was to have employees “slog.” This was corporate speak for booking a car on a competitor’s app and trying to convince the driver to switch to Uber. It became common practice all over the world, five people familiar with the process said.

    Staff eventually found a more efficient way to undermine its competitors: software. A breakthrough came in 2015 from Uber’s office in Sydney. A program called Surfcam, two people familiar with the project said, scraped data published online by competitors to figure out how many drivers were on their systems in real-time and where they were. The tool was primarily used on Grab, the main competitor in Southeast Asia. Surfcam, which hasn’t been previously reported, was named after the popular webcams in Australia and elsewhere that are pointed at beaches to help surfers monitor swells and identify the best times to ride them.

    Surfcam raised alarms with at least one member of Uber’s legal team, who questioned whether it could be legally operated in Singapore because it may run afoul of Grab’s terms of service or the country’s strict computer-crime laws, a person familiar with the matter said. Its creator, who had been working out of Singapore after leaving Sydney, eventually moved to Uber’s European headquarters in Amsterdam. He’s still employed by the company.

    “This is the first time as a lawyer that I’ve been asked to be innovative.”
    Staff at home base in San Francisco had created a similar piece of software called Hell. It was a tongue-in-cheek reference to the Heaven program, which allows employees to see where Uber drivers are in a city at a given moment. With Hell, Uber scraped Lyft data for a view of where its rival’s drivers were. The legal team decided the law was unclear on such tactics and approved Hell in the U.S., a program first reported by technology website the Information.

    Now as federal authorities investigate the program, they may need to get creative in how to prosecute the company. “You look at what categories of law you can work with,” said Yochai Benkler, co-director of Harvard University’s Berkman Klein Center for Internet and Society. “None of this fits comfortably into any explicit prohibitions.”

    Uber’s lawyers had a hard time keeping track of all the programs in use around the world that, in hindsight, carried significant risks. They signed off on Greyball, a tool that could tag select customers and show them a different version of the app. Workers used Greyball to obscure the actual locations of Uber drivers from customers who might inflict harm on them. They also aimed the software at Lyft employees to thwart any slog attempts.

    The company realized it could apply the same approach with law enforcement to help Uber drivers avoid tickets. Greyball, which was first covered by the New York Times, was deployed widely in and outside the U.S. without much legal oversight. Katherine Tassi, a former attorney at Uber, was listed as Greyball supervisor on an internal document early this year, months after decamping for Snap Inc. in 2016. Greyball is under review by the Justice Department. In another case, Uber settled with the Federal Trade Commission in August over privacy concerns with a tool called God View.

    Uber is the world’s most valuable technology startup, but it hardly fits the conventional definition of a tech company. Thousands of employees are scattered around the world helping tailor Uber’s service for each city. The company tries to apply a Silicon Valley touch to the old-fashioned business of taxis and black cars, while inserting itself firmly into gray areas of the law, said Benkler.

    “There are real political risks for playing the bad guy, and it looks like they overplayed their hand in ways that were stupid or ultimately counterproductive,” he said. “Maybe they’ll bounce back and survive it, but they’ve given competitors an opening.”

    Kalanick indicated from the beginning that what he wanted to achieve with Yoo was legally ambitious. In her first performance review, Kalanick told her that she needed to be more “innovative.” She stewed over the feedback and unloaded on her husband that night over a game of tennis, she recalled in the podcast on Legal Talk Network. “I was fuming. I said to my husband, who is also a lawyer: ‘Look, I have such a myriad of legal issues that have not been dealt with. I have constant regulatory pressures, and I’m trying to grow a team at the rate of growth of this company.’”

    By the end of the match, Yoo said she felt liberated. “This is the first time as a lawyer that I’ve been asked to be innovative. What I’m hearing from this is I actually don’t have to do things like any other legal department. I don’t have to go to best practices. I have to go to what is best for my company, what is best for my legal department. And I should view this as, actually, freedom to do things the way I think things should be done, rather than the way other people do it.”

    Prosecutors may not agree with Yoo’s assumptions about how things should be done. Even when Yoo had differences of opinion with Kalanick, she at times failed to challenge him or his deputies, or to raise objections to the board.

    After a woman in Delhi was raped by an Uber driver, the woman sued the company. Yoo was doing her best to try to manage the fallout by asking law firm Khaitan & Co. to help assess a settlement. Meanwhile, Kalanick stepped in to help craft the company’s response, privately entertaining bizarre conspiracy theories that the incident had been staged by Indian rival Ola, people familiar with the interactions have said. Eric Alexander, an Uber executive in Asia, somehow got a copy of the victim’s medical report in 2015. Kalanick and Yoo were aware but didn’t take action against him, the people said. Yoo didn’t respond to requests for comment.

    The mishandling of the medical document led to a second lawsuit from the woman this year. The Justice Department is now carrying out a criminal bribery probe at Uber, which includes questions about how Alexander obtained the report, two people said. Alexander declined to comment through a spokesman.

    In 2015, Kalanick hired Sullivan, the former chief security officer at Facebook. Sullivan started his career as a federal prosecutor in computer hacking and intellectual property law. He’s been a quiet fixture of Silicon Valley for more than a decade, with stints at PayPal and EBay Inc. before joining Facebook in 2008.

    It appears Sullivan was the keeper of some of Uber’s darkest secrets. He oversees a team formerly known as Competitive Intelligence. COIN, as it was referred to internally, was the caretaker of Hell and other opposition research, a sort of corporate spy agency. A few months after joining Uber, Sullivan shut down Hell, though other data-scraping programs continued. Another Sullivan division was called the Strategic Services Group. The SSG has hired contractors to surveil competitors and conducts extensive vetting on potential hires, two people said.

    Last year, Uber hired private investigators to monitor at least one employee, three people said. They watched China strategy chief Liu Zhen, whose cousin Jean Liu is president of local ride-hailing startup Didi Chuxing, as the companies were negotiating a sale. Liu Zhen couldn’t be reached for comment.

    Sullivan wasn’t just security chief at Uber. Unknown to the outside world, he also took the title of deputy general counsel, four people said. The designation could allow him to assert attorney-client privilege on his communications with colleagues and make his e-mails more difficult for a prosecutor to subpoena.

    Sullivan’s work is largely a mystery to the company’s board. Bloomberg learned the board recently hired a law firm to question security staff and investigate activities under Sullivan’s watch, including COIN. Sullivan declined to comment. COIN now goes by a different but similarly obscure name: Marketplace Analytics.

    As Uber became a global powerhouse, the balance between innovation and compliance took on more importance. An Uber attorney asked Kalanick during a company-wide meeting in late 2015 whether employees always needed to follow local ride-hailing laws, according to three people who attended the meeting. Kalanick repeated an old mantra, saying it depended on whether the law was being enforced.

    A few hours later, Yoo sent Kalanick an email recommending “a stronger, clearer message of compliance,” according to two people who saw the message. The company needed to adhere to the law no matter what, because Uber would need to demonstrate a culture of legal compliance if it ever had to defend itself in a criminal investigation, she argued in the email.

    Kalanick continued to encourage experimentation. In June 2016, Uber changed the way it calculated fares. It told customers it would estimate prices before booking but provided few details.

    Using one tool, called Cascade, the company set fares for drivers using a longstanding formula of mileage, time and demand. Another tool called Firehouse let Uber charge passengers a fixed, upfront rate, relying partly on computer-generated assumptions of what people traveling on a particular route would be willing to pay.

    Drivers began to notice a discrepancy, and Uber was slow to fully explain what was going on. In the background, employees were using Firehouse to run large-scale experiments offering discounts to some passengers but not to others.

    “Lawyers don’t realize that once they let the client cross that line, they are prisoners of each other from that point on”
    While Uber’s lawyers eventually looked at the pricing software, many of the early experiments were run without direct supervision. As with Greyball and other programs, attorneys failed to ensure Firehouse was used within the parameters approved in legal review. Some cities require commercial fares to be calculated based on time and distance, and federal law prohibits price discrimination. Uber was sued in New York over pricing inconsistencies in May, and the case is seeking class-action status. The Justice Department has also opened a criminal probe into questions about pricing, two people familiar with the inquiry said.

    As the summer of 2016 dragged on, Yoo became more critical of Kalanick, said three former employees. Kalanick wanted to purchase a startup called Otto to accelerate the company’s ambitions in self-driving cars. In the process, Otto co-founder Anthony Levandowski told the company he had files from his former employer, Alphabet, the people said. Yoo expressed reservations about the deal, although accounts vary on whether those were conveyed to Kalanick. He wanted to move forward anyway. Yoo and her team then determined that Uber should hire cyber-forensics firm Stroz Friedberg in an attempt to wall off any potentially misbegotten information.

    Alphabet’s Waymo sued Uber this February, claiming it benefited from stolen trade secrets. Uber’s board wasn’t aware of the Stroz report’s findings or that Levandowski allegedly had Alphabet files before the acquisition, according to testimony from Bill Gurley, a venture capitalist and former board member, as part of the Waymo litigation. The judge in that case referred the matter to U.S. Attorneys. The Justice Department is now looking into Uber’s role as part of a criminal probe, two people said.

    As scandal swirled, Kalanick started preaching the virtues of following the law. Uber distributed a video to employees on March 31 in which Kalanick discussed the importance of compliance. A few weeks later, Kalanick spoke about the same topic at an all-hands meeting.

    Despite their quarrels and mounting legal pressure, Kalanick told employees in May that he was promoting Yoo to chief legal officer. Kalanick’s true intention was to sideline her from daily decisions overseen by a general counsel, two employees who worked closely with them said. Kalanick wrote in a staff email that he planned to bring in Yoo’s replacement to “lead day to day direction and operation of the legal and regulatory teams.” This would leave Yoo to focus on equal-pay, workforce-diversity and culture initiatives, he wrote.

    Before Kalanick could find a new general counsel, he resigned under pressure from investors. Yoo told colleagues last month that she would leave, too, after helping Khosrowshahi find her replacement. He’s currently interviewing candidates. Yoo said she welcomed a break from the constant pressures of the job. “The idea of having dinner without my phone on the table or a day that stays unplugged certainly sounded appealing,” she wrote in an email to her team.

    The next legal chief won’t be able to easily shed the weight of Uber’s past. “Lawyers don’t realize that once they let the client cross that line, they are prisoners of each other from that point on,” said Marianne Jennings, professor of legal and ethical studies in business at Arizona State University. “It’s like chalk. There’s a chalk line: It’s white; it’s bright; you can see it. But once you cross over it a few times, it gets dusted up and spread around. So it’s not clear anymore, and it just keeps moving. By the time you realize what’s happening, if you say anything, you’re complicit. So the questions start coming to you: ‘How did you let this go?’”

    #Uber #USA #Recht

  • Facebook & Russian election meddling: The FEC’s Ann Ravel sounded the alarm in 2015 — Quartz
    https://qz.com/1076964/this-us-official-warned-about-russia-using-the-internet-to-skew-us-elections-yea
    https://qzprod.files.wordpress.com/2017/10/ap_358110062825-e1508362801776.jpg?quality=80&strip=all&w=16

    In October 2014, vice commissioner Ann M. Ravel wrote a statement (pdf) accusing the FEC of turning a “blind eye” to the growing force of the internet in politics, and explaining the reason she and two of her co-commissioners, all Democrats, had voted for more disclosure of funding of political material on the web:

    Some of my colleagues seem to believe that the same political message that would require disclosure if run on television should be categorically exempt from the same requirements when placed on the internet alone. As a matter of policy, this simply does not make sense. … This effort to protect individual bloggers and online commentators has been stretched to cover slickly produced ads aired solely on the internet but paid for by the same organizations and the same large contributors as the actual ads aired on TV.

    The FEC had just undertaken a vote on the topic that ended in a deadlock, with three Republicans voting against their Democratic colleagues, a common impasse in the increasingly dysfunctional agency tasked with keeping US elections fair and transparent. Nonetheless, Ravel’s statement sparked outcry and anger, especially from conservatives who equated money spent on political advertising on the internet to “free speech”—the same argument that won the landmark 2010 “Citizens United” Supreme Court case, sending a torrent of cash into political elections.

    A day after Ravel published her statement, co-commissioner Lee Goodman, a Republican, appeared on Fox & Friends (video) to warn that the three Democrats wanted to censor free speech online, and set up a “regulatory regime” that would reach deep into the internet. “Boy, I thought Democrats were for free speech,” commentated the Fox anchor interviewing him, Tucker Carlson. “That was obviously an earlier species.”

    Ravel says Goodman’s Fox appearance unleashed a torrent of abuse. The issue was picked up by Drudge Report, Breitbart, and other right-wing news sites, which singled her out. Responses poured in from Twitter and e-mail, ranging from death threats to misogyny, everything from “stick it up your c-nt,” she recalled this week, to “You’re the kind of person the Second Amendment was made for.” They also included “Hope you have a heart attack,” and “You will more than likely find the ‘Nazi’ scenario showing its ugly head,” the Center for Public Integrity, a nonpartisan group that investigates democracy, reported (Ravel is Jewish).

    Despite the backlash to her 2014 push to get Facebook and other internet companies to be more transparent about where their ad revenue was coming from, Ravel kept pursuing the issue. In 2015, the FEC grappled with the topic of how to make sure foreign money wasn’t being used to pay for political advertisements on the internet, a clear violation of a federal law.

    In doing so, Ravel even anticipated Putin’s influence. “I mean, think of it, do we want Vladimir Putin or drug cartels to be influencing American elections?” Ravel asked in an October of 2015 meeting, while pushing for the commission to require state and local campaigns to declare foreign contributions. The commission tried once again to hash out what was “local” or “national” given the internet’s global reach.

    #Publicité #Politique #USA #Régulation #Menaces

  • She’s Fighting to Empower Saudi Women Through Sports

    It was a good week. On July 11 — a decade and a half into Lina Al Maeena’s fight for women’s sports in Saudi Arabia — the Education Ministry announced that physical education classes in public schools will begin this fall. “It’s a big, big deal,” Al Maeena tells OZY. “It’s like your Title IX,” she adds, referring to the 1972 federal law prohibiting U.S. high schools and colleges from discriminating on the basis of gender in any activity, including sports.


    http://www.ozy.com/the-huddle/shes-fighting-to-empower-saudi-women-through-sports/79889
    #arabie_saoudite #femmes #sport #empowerment #Al_Maeena #Jeddah_United_team

  • “Guns Down” Project To Fight Back Against Firearm-Related Voter Intimidation On Election Day

    http://mediamatters.org/blog/2016/11/03/guns-down-project-fight-back-against-firearm-related-voter-intimidation-election-day/214271

    Il faudrait envoyer des observateurs internationaux pour aider cette #démocratie balbutiante dans ses #élections

    Amid heightened concerns about voter intimidation involving the open carrying of firearms at polling locations on Election Day, a project called Guns Down is providing a resource for voters to report intimidation to voter protection advocates and to share their experiences on social media.

    According to The Washington Post, “many election officials across the country are, for the very first time, bracing for intimidation or even violence on Election Day,” and these fears are compounded given that “most states have no laws regarding guns in polling places.”

    Under federal law it is illegal to intimidate people trying to vote with guns or by other means.

    Yet the Post reports that “state laws about guns and voter intimidation are a patchwork of wildly varying regulations,” and determinations of violations of voter intimidation laws can be difficult to ascertain because each one is “a fact-sensitive, context-based decision,” according to UCLA law professor Adam Winkler.(Further complicating determinations are discordant federal appeals courts rulings on what behavior constitutes voter intimidation).

    #armes

  • Facebook Lets Advertisers Exclude Users by Race [ProPublica, 28/10/16]

    https://www.propublica.org/article/facebook-lets-advertisers-exclude-users-by-race

    Facebook’s system allows advertisers to exclude black, Hispanic, and other “ethnic affinities” from seeing ads.

    Imagine if, during the Jim Crow era, a newspaper offered advertisers the option of placing ads only in copies that went to white readers.

    That’s basically what Facebook is doing nowadays.

    The ubiquitous social network not only allows advertisers to target users by their interests or background, it also gives advertisers the ability to exclude specific groups it calls “Ethnic Affinities.” Ads that exclude people based on race, gender and other sensitive factors are prohibited by federal law in housing and employment.

    Here is a screenshot of an ad we purchased in Facebook’s housing categories via the company’s advertising portal:

    The ad we purchased was targeted to Facebook members who were house hunting and excluded anyone with an “affinity” for African-American, Asian-American or Hispanic people. (Here’s the ad itself.)

    When we showed Facebook’s racial exclusion options to a prominent civil rights lawyer John Relman, he gasped and said, “This is horrifying. This is massively illegal. This is about as blatant a violation of the federal Fair Housing Act as one can find.”

    #Facebook #racisme #publicité #réseaux_sociaux #dip

  • Facebook Lets Advertisers Exclude Users by Race
    https://www.propublica.org/article/facebook-lets-advertisers-exclude-users-by-race

    Imagine if, during the Jim Crow era, a newspaper offered advertisers the option of placing ads only in copies that went to white readers.

    That’s basically what Facebook is doing nowadays.

    The ubiquitous social network not only allows advertisers to target users by their interests or background, it also gives advertisers the ability to exclude specific groups it calls “Ethnic Affinities.” Ads that exclude people based on race, gender and other sensitive factors are prohibited by federal law in housing and employment.

  • Judge blocks Mississippi law defunding Planned Parenthood | TheHill
    http://thehill.com/policy/healthcare/302226-judge-blocks-mississippi-law-defunding-planned-parenthood

    A federal judge handed a victory to Planned Parenthood on Thursday in blocking a Mississippi law that banned the state’s Medicaid program from spending money on healthcare providers that offer abortions.

    Mississippi was one of around two dozen states to pass legislation restricting funding for Planned Parenthood in the wake of controversy last year over viral videos targeting the group. The law went into effect in July.

    Planned Parenthood alleged in a lawsuit filed against the state this summer that Mississippi was violating federal law because Medicaid enrollees are legally allowed to seek care from a provider of their choice.

    Gov. Phil Bryant (R) expressed disappointment with the Thursday ruling, saying, “I believe the law was the right thing to do and I will continue to stand with the legislature and people of Mississippi who do not want their hard-earned money going to the largest abortion provider in the nation."

    Bryant and other Republicans cited Planned Parenthood’s role in abortions, though neither of the group’s two affiliates in Mississippi perform abortions.

  • Manafort out amid scrutiny of covert lobbying campaign | Daily Mail Online
    http://www.dailymail.co.uk/wires/ap/article-3749518/Manafort-amid-scrutiny-covert-lobbying-campaign.html

    The sudden resignation Friday of Donald Trump’s campaign chairman put renewed emphasis on revelations about his past work on behalf of Ukraine’s pro-Russian political leaders, including his firm’s role directing a covert Washington lobbying operation that would have required him under federal law to disclose his efforts to the Justice Department.

    Manafort resigned from the Trump campaign amid scrutiny of his Ukrainian work — but others involved in the once-secret influence campaign remain working for Trump in senior roles, including Manafort’s deputy Rick Gates.

    The Associated Press reported Manafort’s connection to the lobbying effort Wednesday. On Thursday, the AP reported that it had obtained emails revealing further details: Gates directed an unregistered influence campaign that included attempts to gain positive press coverage for Ukrainian officials, sway U.S. legislators, gather political intelligence and undercut American public sympathy for the imprisoned rival of Ukraine’s then-president.
    […]
    Under the foreign agents law, people who lobby on behalf of foreign political leaders or political parties must provide detailed reports about their actions to the Justice Department. A violation is a felony and can result in up to five years in prison and a fine of up to $250,000.

    None of the firms, nor Manafort or Gates, disclosed their work to the Justice Department counterespionage division responsible for tracking lobbying by foreign governments.

  • Court Rules Companies Cannot Impose Illegal Arbitration Clauses
    http://www.nytimes.com/2016/05/27/business/dealbook/court-rules-companies-cannot-impose-illegal-arbitration-clauses.html

    A federal appeals court on Thursday ruled that companies cannot force their employees to sign away their right to band together in legal actions, delivering a major victory for American workers and opening an opportunity for the Supreme Court to weigh in.

    The United States Court of Appeals for the Seventh Circuit in Chicago struck down an arbitration clause that banned employees from joining together as a class and required workers to battle the employer one by one outside of court.

    [...]

    The decision announced on Thursday, in Lewis v. Epic Systems, will almost certainly prove controversial because it directly conflicts with an earlier decision by an appeals court in Louisiana, a split that could prompt the Supreme Court to wade back into the fray. Similar cases are pending across the country.

    In a pair of decisions in 2011 and 2013, the Supreme Court blessed the widespread use of arbitration in a case pushed by a group of credit card companies. The credit card companies turned to a 1925 federal law that formalized arbitration as a means for companies to hash out their disputes with one another.

    Arbitration clauses have proliferated over the last 10 years. Companies have added them to tens of millions of contracts for things as diverse as cellphone service and nursing home care.

  • Federal​ marijuana smuggling is declining in the era of legal weed - The Washington Post
    https://www.washingtonpost.com/news/wonk/wp/2016/05/26/federal-marijuana-smuggling-is-declining-in-the-era-of-legal-weed

    It’s become a familiar lament in the age of legal marijuana: Weed from places like Colorado and Washington is making its way all over the country, creating headaches for law enforcement.

    Nebraska and Oklahoma recently sued Colorado over the state’s legal marijuana market (the Supreme Court declined to take up the case). Sheriffs in neighboring states have been complaining about the strain that Colorado weed is putting on tight law enforcement budgets. A recent USA Today story described a “flow of high-quality marijuana out of Colorado” and into other states.
    […]
    The United States Sentencing Commission (USSC), which compiles data on federal law enforcement efforts, recently released its latest drug trafficking statistics. And they show that federal marijuana trafficking offenses have fallen sharply since 2012, the year that Colorado and Washington residents voted to legalize marijuana. The decline continues through 2015, the most recent year for which data is available.