Inside the fight to reclaim AI from Big Techs control – MIT Technology Review

Among the worlds richest and most powerful companies, Google, Facebook, Amazon, Microsoft, and Apple have made AI core parts of their business. Advances over the last decade, particularly in an AI technique called deep learning, have allowed them to monitor users behavior; recommend news, information, and products to them; and most of all, target them with ads. Last year Googles advertising apparatus generated over $140 billion in revenue. Facebooks generated $84 billion.

The companies have invested heavily in the technology that has brought them such vast wealth. Googles parent company, Alphabet, acquired the London-based AI lab DeepMind for $600 million in 2014 and spends hundreds of millions a year to support its research. Microsoft signed a $1 billion deal with OpenAI in 2019 for commercialization rights to its algorithms.

At the same time, tech giants have become large investors in university-based AI research, heavily influencing its scientific priorities. Over the years, more and more ambitious scientists have transitioned to working for tech giants full time or adopted a dual affiliation. From 2018 to 2019, 58% of the most cited papers at the top two AI conferences had at least one author affiliated with a tech giant, compared with only 11% a decade earlier, according to a study by researchers in the Radical AI Network, a group that seeks to challenge power dynamics in AI.

The problem is that the corporate agenda for AI has focused on techniques with commercial potential, largely ignoring research that could help address challenges like economic inequality and climate change. In fact, it has made these challenges worse. The drive to automate tasks has cost jobs and led to the rise of tedious labor like data cleaning and content moderation. The push to create ever larger models has caused AIs energy consumption to explode. Deep learning has also created a culture in which our data is constantly scraped, often without consent, to train products like facial recognition systems. And recommendation algorithms have exacerbated political polarization, while large language models have failed to clean up misinformation.

Its this situation that Gebru and a growing movement of like-minded scholars want to change. Over the last five years, theyve sought to shift the fields priorities away from simply enriching tech companies, by expanding who gets to participate in developing the technology. Their goal is not only to mitigate the harms caused by existing systems but to create a new, more equitable and democratic AI.

In December 2015, Gebru sat down to pen an open letter. Halfway through her PhD at Stanford, shed attended the Neural Information Processing Systems conference, the largest annual AI research gathering. Of the more than 3,700 researchers there, Gebru counted only a handful who were Black.

Once a small meeting about a niche academic subject, NeurIPS (as its now known) was quickly becoming the biggest annual AI job bonanza. The worlds wealthiest companies were coming to show off demos, throw extravagant parties, and write hefty checks for the rarest people in Silicon Valley: skillful AI researchers.

That year Elon Musk arrived to announce the nonprofit venture OpenAI. He, Y Combinators then president Sam Altman, and PayPal cofounder Peter Thiel had put up $1 billion to solve what they believed to be an existential problem: the prospect that a superintelligence could one day take over the world. Their solution: build an even better superintelligence. Of the 14 advisors or technical team members he anointed, 11 were white men.

RICARDO SANTOS | COURTESY PHOTO

While Musk was being lionized, Gebru was dealing with humiliation and harassment. At a conference party, a group of drunk guys in Google Research T-shirts circled her and subjected her to unwanted hugs, a kiss on the cheek, and a photo.

Gebru typed out a scathing critique of what she had observed: the spectacle, the cult-like worship of AI celebrities, and most of all, the overwhelming homogeneity. This boys club culture, she wrote, had already pushed talented women out of the field. It was also leading the entire community toward a dangerously narrow conception of artificial intelligence and its impact on the world.

Google had already deployed a computer-vision algorithm that classified Black people as gorillas, she noted. And the increasing sophistication of unmanned drones was putting the US military on a path toward lethal autonomous weapons. But there was no mention of these issues in Musks grand plan to stop AI from taking over the world in some theoretical future scenario. We dont have to project into the future to see AIs potential adverse effects, Gebru wrote. It is already happening.

Gebru never published her reflection. But she realized that something needed to change. On January 28, 2016, she sent an email with the subject line Hello from Timnit to five other Black AI researchers. Ive always been sad by the lack of color in AI, she wrote. But now I have seen 5 of you 🙂 and thought that it would be cool if we started a black in AI group or at least know of each other.

The email prompted a discussion. What was it about being Black that informed their research? For Gebru, her work was very much a product of her identity; for others, it was not. But after meeting they agreed: If AI was going to play a bigger role in society, they needed more Black researchers. Otherwise, the field would produce weaker scienceand its adverse consequences could get far worse.

As Black in AI was just beginning to coalesce, AI was hitting its commercial stride. That year, 2016, tech giants spent an estimated $20 to $30 billion on developing the technology, according to the McKinsey Global Institute.

Heated by corporate investment, the field warped. Thousands more researchers began studying AI, but they mostly wanted to work on deep-learning algorithms, such as the ones behind large language models. As a young PhD student who wants to get a job at a tech company, you realize that tech companies are all about deep learning, says Suresh Venkatasubramanian, a computer science professor who now serves at the White House Office of Science and Technology Policy. So you shift all your research to deep learning. Then the next PhD student coming in looks around and says, Everyones doing deep learning. I should probably do it too.

But deep learning isnt the only technique in the field. Before its boom, there was a different AI approach known as symbolic reasoning. Whereas deep learning uses massive amounts of data to teach algorithms about meaningful relationships in information, symbolic reasoning focuses on explicitly encoding knowledge and logic based on human expertise.

Some researchers now believe those techniques should be combined. The hybrid approach would make AI more efficient in its use of data and energy, and give it the knowledge and reasoning abilities of an expert as well as the capacity to update itself with new information. But companies have little incentive to explore alternative approaches when the surest way to maximize their profits is to build ever bigger models.

Continued here:

Inside the fight to reclaim AI from Big Techs control - MIT Technology Review

What Data About You Can the Government Get From Big Tech? – The New York Times

Law enforcement authorities can also use warrants in other ways. Police have issued warrants to Google for any devices that were near where a crime was committed.

The companies say they sometimes work with law enforcement officials to narrow their requests so the companies turn over only information that is relevant to a case.

Apple said that in the first half of 2020, the latest period available, it received more than 5,850 requests from U.S. authorities for data related to 18,600 accounts. It turned over basic data in 43 percent of those requests and actual content data, such as emails or photos, in 44 percent of requests.

Microsoft said that it received 5,500 requests from U.S. law enforcement over the same period, covering 17,700 accounts, and that it turned over basic data to 54 percent of requests and content to 15 percent of requests.

Google said that it received 39,500 requests in the United States over that period, covering nearly 84,700 accounts, and that it turned over some data in 83 percent of the cases. Google did not break down the percentage of requests in which it turned over basic data versus content, but it said that 39 percent of the requests were subpoenas while half were search warrants.

Facebook said that it received 61,500 requests in the United States over the period, covering 106,100 accounts, and that it turned over some data to 88 percent of the requests. The company said it received 38,850 warrants and complied with 89 percent of them over the period, and 10,250 subpoenas and complied with 85 percent.

In these cases, U.S. authorities include any federal, state or local law enforcement office.

Yes. The companies say they sometimes push back on subpoenas, court orders and warrants if they believe the officials lack appropriate legal authority or if the requests are too broad.

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What Data About You Can the Government Get From Big Tech? - The New York Times

Top senator fears Big Tech at home as Alexa, Nest dominate – Reuters

WASHINGTON, June 15 (Reuters) - The U.S. Congress takes up the issue on Tuesday of yet another area where big tech firms -- in this case, Amazon.com (AMZN.O) and Alphabets (GOOGL.O) Google -- dominate, this time in smart home devices where they battle smaller companies like speaker maker Sonos Inc (SONO.O).

The hearing takes place at a time of extraordinary interest in tougher antitrust enforcement, much of it focused on the biggest U.S. technology companies. One result has been a series of investigations and several federal and state lawsuits filed against Google and Facebook as well as a long list of antitrust bills.

Senator Amy Klobuchar, who chairs the antitrust subcommittee, is hoping to act before the existing tech giants, in this case Amazon and Google, establish themselves as unassailable.

In the smart speaker market, she cited data that showed that Amazon was at 53 percent market share while Google was at 31 percent.

"This is an area where we can look forward and see around the corner and not just respond years later," she said, noting that people are buying everything from smart speakers to smart door locks and more. "We know that this is a growing market."

Smart home technology can be smart speakers like Amazon's Echo or Google's Nest, security systems or televisions.

Witnesses will include Ryan McCrate, Amazon's associate general counsel, and Google Senior Public Policy Director Wilson White, along with Sonos Chief Legal Officer Eddie Lazarus.

Last year, Sonos CEO Patrick Spence told a congressional committee that Google and Amazon used their dominance of search and online retail, respectively, to subsidize the smart speaker market and, potentially, dominate the market for other smart home devices.

Reporting by Diane Bartz; Editing by Nick Zieminski

Our Standards: The Thomson Reuters Trust Principles.

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Top senator fears Big Tech at home as Alexa, Nest dominate - Reuters

Some Big Tech companies may ‘do better if they’re not connected at the hip,’ says $9.5 billion fund manager – MarketWatch

Change can be hard to embrace, particularly when it means breaking with traditions formed over decades.

But technologies adopted by corporations, governments and households out of necessity during the pandemic likely wont be tossed on the scrap heap when the threat of COVID-19 fades.

So says Jonathan Curtis, portfolio manager at Franklin Equity Group, who thinks spending on technologies that help corporations boost productivity and businesses reach more customers have more room to rise.

The world remains in the early days of tech infusing itself in every industry, much deeper, said Curtis, who co-manages the roughly $9.5 billion Franklin Technology Fund, in an interview with MarketWatch. Experimentation during the crisis is going to stick, because it drives massive productivity gains.

High-flying technology stocks soared to dizzying heights last year as investors and regular people all clearly realized the growing role of technology in our lives, Curtis said. But a look under the covers also shows several categories of tech that struggled from an downturn in spending.

He pointed to a pullback in back-office software spending as companies looked to cut costs and in the cyclical semiconductor sector, but also initially across payment networks as fewer people ventured out to swipe their cards at restaurants, shops and on entertainment in the early months of the pandemic.

Global payments revenues fell an estimated 22% in the first six months of last year compared with the same stretch in 2019, according to a McKinsey report.

And after combing through a year of pandemic corporate results, Curtis sees evidence of ramped-up spending in areas that lagged at first, but can help companies better digitally engage with staff, clients and customers.

Spending also needs to increase on cybersecurity and backup data services to help businesses manage the attack-of-the-day problem, he said, which currently centers around ransomware attacks. That really highlights, with this digitalization, there is clearly a flip side.

Read: Ransomware boom comes from gangs that operate like cloud-software unicorns a truly incredible business model

Some Wall Street analysts worry that antitrust intervention may pose the biggest risk to the S&P 500s five largest stocks, namely Apple Inc. AAPL, -0.64%, Facebook Inc. FB, -0.01%, Amazon.com Inc. AMZN, -0.02%, Microsoft Corp. MSFT, -0.59% and Google parent Alphabet Inc. GOOGL, -0.84% GOOG, -0.25%.

Curtis isnt convinced, even though the U.S. has gone from being more light-touch in its initial regulatory approach than China and Europe to being more concerned about how best to manage far-reaching technology giants, he said.

House lawmakers were expected to soon propose legislation that could require Amazon.com and other tech giants to effectively split into two companies or shed their private-label products, the Wall Street Journalreported Friday, citing people familiar with the matter.

Shares of big tech companies were mixed Friday. The S&P 500 index SPX, -0.20% was flat, but the information technology component was up 0.3%, while the Dow DJIA, -0.27% was modestly lower and the Nasdaq Composite Index COMP, -0.71% was slightly higher.

If Big Techs wings get clipped he said, the worst case might be a company like Amazon getting broken up into two companies. But then, Curtis said he would end up owning a cloud-computing giant and an e-commerce behemoth.

In some cases, there may be companies that do better if theyre not connected at the hip, he said.

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Some Big Tech companies may 'do better if they're not connected at the hip,' says $9.5 billion fund manager - MarketWatch

Experts Disagree Over Effectiveness of Amy Klobuchar’s Antitrust Bill – BroadbandBreakfast.com

June 15, 2021 Legal experts and policy makers were split in opinion over an expansive antitrust bill introduced in February by Sen. Amy Klobuchar, D-Minnesota, at an online seminar hosted by the Federal Communications Bar Association.

Klobuchars proposed bill would modify the laws regulating mergers and acquisitions to block certain anticompetitive conduct by larger firms, shift the burden of proof from investigators to the businesses themselves to prove anticompetitive practices have not been undertaken, and authorizes an increase in funding for federal antitrust enforcement.

Some of the panelists called Klobuchars bill an all out mistake. Others endorsed it, while also arguing that antitrust legislation would not be the only tool necessary to check Big Techs power.

Charlotte Slaiman, the competition policy director at Public Knowledge, believes that the danger of Big Tech is not just in the power they can accumulate through unregulated business practices, but in the power tech firms hold by virtue of the industrys ability. She endorses Klobuchars bill, but believes that antitrust legislation is not the only tool that should be employed to reign in Big Techs power.

Bilal Sayyed, director of the Office of Policy Planning at the Federal Trade Commission under the Trump Administration, says that Klobuchars bill targets specific companies, and primarily takes issue merely at the companies size, without focusing on the harmful practices they may or may not be employing.

Slaiman says consumers usually help keep business practices in check because businesses are dependent on keeping their consumers happy in order to attract their business. She says that technology firms are similar in this way at their genesis, but this changes as the firms become more powerful. Eventually, the customers need you [the tech firm] more than you need the customers, she says. The calculus completely changes.

She said she believes the unique relationship of firms to customers in the big technology industry allows firms to employ practices that harm consumers, but in ways that antitrust laws wont necessarily address.

In an interview with Harvard Kennedy School, Jason Furman, former chairman of the Council of Economic Advisers under the Obama administration, said pro-competition regulation is not, however, the way to solve all of the social problems of Big Tech, of which the biggest is the contribution many believe they are making to spreading fake news and reinforcing politization. Additional approaches are needed to address those issues.

Slaiman said, Were really concerned about the power itself. These companies should not be this powerful. And so its not just about relying on antitrust to address our problem. We need additional laws and rules on top of antitrust for Bit Tech.

Adam Kovacevich, founder and CEO of the Chamber of Progress, notes that while many take issue with the size of Big Tech, a companys size is not enough to file antitrust complaints against them. He says that there can also be virtues associated with Big Techs size.

Theres also an argument that their bigness allows them to do things that are pro-social, that are beneficial to consumers, he says. What you see is that everyone can agreeI have anxiety about their bignessbut I think theres not as much agreement as to whether theyre using their bigness to disadvantage people.

Kovacevich says that while many people are concerned with the size of Amazon, many people relied on it as a lifeline for their groceries and other essential living utilities during the pandemic.

Kovacevich counters the argument that the massive quantity of data Big Tech has collected makes them a monopoly power by saying that innovation on the side of smaller firms would lead a collection of higher quality data, which would allow them to compete with Big Tech in new ways.

On Friday, a package of five new bills were introduced in Congress that aim to limit the power of Big Tech. The bills come as a response to the completion of a 16-month long investigation by the Antitrust Subcommittee completed last year, which scrutinized the business practices of Amazon, Apple, Google, and Facebook, which led to a report that accused the tech giants of harming consumer welfare and employing anti-competitive practices.

In October, the Department of Justice sued Google over anticompetitive practices used to preserve their alleged monopoly power, and in December, the Federal Trade Commission sued Facebook for similar reasons.

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Experts Disagree Over Effectiveness of Amy Klobuchar's Antitrust Bill - BroadbandBreakfast.com

Opinion | Meet Big Techs Tormenter in Chief – The New York Times

^singer*

When you walk in a room, do you have sway?

Im Kara Swisher and youre listening to Sway. Theres one name that gets all the tech bros shaking in their Allbirds no, not Kara Swisher, but thanks for thinking of me. Im talking about Margrethe Vestager, the European Unions top antitrust enforcer. Shes a regulator with a knack for hitting tech giants where it hurts, their profits. In 2019, she slapped Apple

The European Commission ruled today that Ireland must collect $14 and 1/2 billion in back taxes from Apple.

And then, a year later

Facebook has been fined 110 million euros by European regulators.

And in the last few years, shes gone after Amazon.

The company faces a possible fine of up to 10% of its annual worldwide revenue.

And her work is far from over. Her office is proposing new legislation that could force big tech to change the way it operates, legislation that could come into force next year. So where is Silicon Valleys, quote, tormentor in chief going next? Margrethe Vestager, welcome to Sway.

How are you doing?

Great, really good.

Wonderful.

Youve had a lot of big political wins over your many years as commissioner. And you and I have talked about them for a long time, and the fines against Apple and Google got a lot of attention. But lets start with a recent loss. The European Commission ordered Amazon to pay $303 million in back taxes to Luxembourg, but Amazon won the appeal last month. Did the court get it wrong, or is there some issue with the way you charged them?

Well, as we speak, its actually difficult to say. We think it may be some of the same reasons as to why we lost the Apple case. So right now, were analyzing it to see if we have good grounds to appeal. So far, it seems that some of the same issues as in the Apple judgment that we appealed to the general court of justice.

All right, let me explain. The European Union court sided with Apple last year in a fight over a $15 billion Irish tax bill. These are different cases. Why do you think the courts are ruling against you in these cases? Has it made you reevaluate your approach, particularly on the issue of taxes?

Well, two things. First thing is that it was always obvious that for real tax justice you need a change of legislation. You need not only European but also different global approach. And fingers crossed, it may actually come now, almost literally as we speak. And the second thing is that in every case, both the cases that we have won with Engie and Fiat, and the cases we have lost, Apple and Amazon, the court says you are fine to use your instruments. You are absolutely welcome to say, well, no state aid also come in the form of a tax credit. And also, member states, while theyre in their good right to design their own tax legislation, they must at the same time fulfill European laws. So as a matter of principle, the court has said you go ahead. But in these specific cases, you have laws, we disagree with you on some of the issues. And this is why we have been appealing.

Now, you said this you just said this may change right now. I think youre referring to the big news of the win scored on the idea of a global corporate tax. Treasury Secretary Janet Yellen, she scored a big win by getting the G7 nations to agree to a 15% global tax rate minimum, but the deal is nonbinding right now. Is this just political theater? Do you really think its going to have an impact on companies trying to relocate to tax havens?

Well, first and foremost, progress are way too slow for sort of my line of temper. But it is progress, and the fact that G7 agrees may pave the way for G20 to agree, may pave the way for an OECD agreement. But everything is in the implementation. If tax authorities are given the right resources and member states actually changing their legislation, then wed see real change on ground, because part of the work that we have been doing is realizing that complexity is part of what helps some businesses not to pay taxes as any other business. Because the first thing you feel once you open such a tax case is let me just close it again, because its crazy complex. And tax authorities, they need to have the resources to go into this in full, because otherwise it will not be possible to get the right taxation.

Do you think you were too aggressive in attacking Apple, because this was seen as a huge win, and then it didnt hold up. Do you think thats been damaging to authorities like yours that are trying to call attention to this, for one, and the second thing, to try to actually get companies not to do sweetheart tax deals, which is essentially what this is?

Of course, Ive been wondering that myself quite a lot. I think you have to do that when you lose a case in court. But I think the case in itself have given attention to the issue at hand. It has also given attention to the fact that you need to change legislation in order to get better results. And last but not least, we dont know what the European Court of Justice will say once they rule over our appeal.

Did you think about re-figuring your strategy, because taxes were an important part of, and its one of your main tools that youve been using here.

Well, its one of many tools. And the question of taxes is a very specific question, because there are so many other things that you should not do in the marketplace either to make it difficult for your competitors to compete against you. And I think its important to use every tool in the toolbox to make sure that we have fair competition, because if we do not have fair competition, we lose the most important drivers for innovation, for renewal in the marketplace, and obviously for affordable products for customers.

Yeah. Do you feel like when youre pushing on these deals, if you lose this a ability to attack them on taxes, that youll lose an important tool?

No, we will continue to do the casework that we do. State aid can come in many forms, but it can also come in the form of a tax benefit. So we can continue using our tools. I would, of course, prefer that it was not the case, and that I would on behalf of the huge majority of businesses who pay their taxes. Because I think that is one thing that should not be forgotten in the discussion about corporate taxation the majority of companies, they work very hard to make a profit. From that profit, they pay their taxes.

And how do you characterize these companies doing this? What do you say to them when they take advantage of laws that are just written to help them?

Well, I would not do the soul searching of the motives. I think there are lines where things may develop from tax planning into aggressive tax planning into tax avoidance. In a busy life, I dont think it makes much sense to try to search other peoples souls. I think my own is complicated enough.

OK, all right, low tax countries like Ireland arent happy about this. What are the chances of a global tax system actually succeeding?

I think the chances of success is probably better now than what they have been for a very, very long time, because of the fact that the Biden administration had a completely different approach to this compared to the previous administration. That was a key to unlock the situation. And the European members, they have been pretty much together in the discussions before. And that position, of course, is maintained. So the fact that the U.S. is changing you saw at the G7 how that changed the approach. So if it can happen, I think its more or less now. The momentum is there.

The momentum is there to do that. Will global taxation make global regulation easier?

Well, the tricky thing is, of course, that we do not have a global taxman. We have all these many, many jurisdictions. And same goes for competition law enforcement. We have global companies, but we do not have a global jurisdiction. And only now is there an alignment of minds, and that may allow us to see the same sorts of legislation passed in multiple jurisdictions, so that you get a regulation that has the same direction, even though you dont have a global authority.

Would you like there to be a global authority on regulation on issues like this, given that these are global companies?

From a pragmatic point of view, it would take so long for that to be effective. And you need competition law enforcement now, because it is as we speak that businesses are being closed out of the marketplace because of the behavior of other businesses.

Right, absolutely. So when this happened, you were saying you dont soul search other people. Did you soul search yourself and say, oh, its like pushing a rock up a hill and then down it goes again.

Yes. And unfortunately, I think the soul search is deeper when you lose than when you win, because on the same day as we lost the Amazon case, we won the Engie case. And I havent had a single question about that. But one of the things that Im still really motivated by is the fact that fair competition is one of the most important drivers also out of this crisis that were in right now, because it drives you to be innovative. It drives you to treat your consumers better. And taxes, they are part of this. And businesses, they should contribute to the society where they do their business.

Well, that would be nice. All right, but taxation is one way youre getting them to pay. I want to talk to you about how youre regulating. Lets start with antitrust. We can start with your latest antitrust case. Just last week, the European Commission announced a formal antitrust inquiry into Facebook, taking aim at its Facebook Marketplace service, which is sort of like an eBay. Explain why this case matters.

The Facebook case, we do that actually in a very close coordination with the U.K. competition authorities. It is a specific case on part of the Facebook advertising, but its a data case, so its about the use of data for these advertising purposes. Why it matters is that if we as consumers do not get competition in advertising, eventually the ads we get, they will be poor in quality. And we may not get the offers that we really want to see. And the advertising market used to be a market with quite a lot of competition, where you could place your ads with different ad providers, and if all of a sudden its not possible for those who place ads actually to do this because of the use of data on the platform, well then, eventually, we as customers, we would be losing out.

So I want to also know whats going on with the Spotify case. Youve accused Apples App Store of antitrust violations, basically alleging the App Store gives preferential treatment to Apples music streaming service. If Apple loses, it could face a fine of up to 10% of its annual turnover. Fines make good headlines, but are fines the right remedy when its really needed is to change bad behaviors? Talk a little bit about this case.

Yeah, the Apple music streaming case is about the way Apple treats competitors to their own products. Here, you have Apple Music. Then you have Spotify, Deezer, SoundCloud those will be familiar European names, at least. And here, if you want to subscribe, you will have to pay a 30% commission fee. And also, if for instance, youre then Spotify, you cannot tell your subscribers that you can get it without the commission fee if you sign up via the Spotify website. And that lack of communication that is simply forbidden of course makes it really difficult, because if you sign up for Apple music, youre not paying the commission fee. So even though you could avoid the commission fee signing up via the website, youre not being told that this is possible. And that squeezes, of course, the margins for the other music streaming providers, and it makes the competition unfair. For most things, if you subscribe to it, and you stop subscribing, they would come back and, say, why were you not happy, is there something we can do for you. Not even that can you do. And that, of course, makes it very difficult.

What are your chances of succeeding here?

Well, I think its really important, because what we see is also that in Europe, Apple would hold like 30% of the marketplace. But the thing is that once you have an iPhone, they hold a de facto monopoly of you getting apps on your phone. And of course, its really important, because its a case about what should be the acceptable de facto monopoly behavior in these markets. And the second thing is that, hopefully, it can also pave the way for a proposal we have tabled that if you are in such a position as Apple are, they should allow for another app store on their phone. If Im not happy in the supermarket with the prices or the choices, I just go to the next one. This, we have accepted not to be the case in app stores for a really, really long time.

What do you make of their argument that theyre providing safety, security, theyre vetting apps and things like that.

Of course, thats a really important argument, because we want things to be safe. We want them to be tested. But we dont want safety and testing to be something that you can use to make life difficult for your competitors. And in the Apple Music streaming case, well, you see very different conditions depending on what kind of apps youre dealing with. So I think its an important argument, but neither safety and security nor privacy should be used as a dike against competitors.

So what do you think of the current Apple Epic case here in the US? Thats another case that goes after Apple on antitrust concerning the App Store. Are you talking with their lawyers? Or do you just hope that theres all kinds of lines of attack on the same issue?

No, we follow, for instance, the hearings on the Epics case very close, because there are a lot of similarities. And I think part of the Epics complaint could be solved by allowing a second App Store, because then they are looking for some specificities in how they engage with their customers.

So when youre looking at cases like this, when youre saying a second App Store, Apple could say, look, why should we let another company take advantage of our platform that we built and let them run wild on it? That would be their argument. We believe in privacy. How do we know theyre going to be private? How do we know theyre going to be safe? We paid all this money to create this thing and are taking economic advantage from that

But its its fair enough. But on the App Store, as you see it by now, well, here you see the different treatment of different apps. Some apps you dont pay for, theres no commission fee. Other apps you pay for, theres a very high commission fee that Apple do not pay themselves for where they compete against. And I think every one of us, we would expect if we were to place another app store on our phone, that the people responsible for that app store, well, they would, of course, deliver us a safe place to do our business. But there is a thing when you are in a dominant position, as you are when you provide an operating system, and you put your own products in that rein of that operating system. And that, of course, is what is at stake here, because if we do not have a marketplace that gives room for that kind of innovation, well, then were kind of stuck in the situation that were in right now.

Is there any other solution besides the second app store? Could you regulate them, or regulate the commission fees? Or is there any other way to deal with this and not have a second app store or you think thats the only way?

Now, I think a second app store, that is in the future. That will take time, because its in a legislative proposal that we have tabled in front of the European Parliament. But I would hope that we could conclude this case in good time. And then wed see how to remedy this. Depends, of course, very much on the Apple answer to our concerns. Some of the music streaming services, the smaller ones, theyre not doing too good. And no one can judge what would actually be the market performance of those who are still doing quite well. We have seen in other cases how damaging it can be if things takes a lot of time then the market moves on. So obviously, we never compromise on the quality of our case work and on due process, but we need speed, because a digital marketplace and a digital world is a world where things are moving fast.

One of the themes youve had here is how long it takes and how much power and really teeth you have to actually enforce these laws. Tech moves fast, regulators and courts move slowly. The European Commission slapped Intel with a $1.45 billion fine back in 2009. Intel appealed and then lost. Then in 2017, the European Court of Justice ordered a new trial. They still havent paid the fine. In the meantime, tech companies can keep up with their behaviors. How do you get it to work faster? Because it feels like a giant game of whack-a-mole with what youre doing.

Yeah, this is exactly why we call in the cavalry. This is why we table proposed regulation. And one of the things that takes quite a lot of time in our work is to prove that a company is dominant. Only if youre dominant, you have these responsibilities. And what we have tabled now as proposed legislation is to say, well, if you buy these objective criteria, qualitative and quantitative, will be designated as a gatekeeper, then from the very first day these are the things that you cannot do. These are the things that you have to do. Have to do could be make room for a second app store. Have to do could be share data. Cannot do could be that you cannot lean into a neighboring market in order to promote yourself if you cannot compete on the merits.

All right, so you have a reputation of being tough, but not everybody agrees. The finance and economic ministers from Germany, France, and the Netherlands recently said the EU isnt doing enough to crack down on a flurry of mergers and acquisitions. Facebook, Amazon, Microsoft, Google, and Apple acquired over 800 companies in the last 30 years. Are you doing enough to crack down on mergers, which also gives them a huge advantage given they can come in and scoop up these companies, not just control the platforms, but control innovation going forward.

We just intensified our work with the national competition authorities of the European Union in order to see are you actually buying your future competitor. Because we have seen that in a very innovative start up scene in Europe, we have a lot of acquisitions from big tech. And that, of course, is of our interests to see why this is happening.

So have you made enough aggressive moves here to crack down on them?

Well, I dont think just as well as panic is never a good response to anything, I dont think aggression is the point here either. But I think to be really targeted in the work we do, both regulation wise to pass regulation that regulate what you can do and what you cannot do if you are a gatekeeper and at the same time vigilantly enforcing our competition rules so that we make sure that you cannot just destroy future competition, that you cannot lean on a neighboring market to your own benefit. And we do need both.

But just as with taxes, they dont have to do it. Theyre not going to do it. This is part of their imperative to be bigger businesses. Its your imperative to slow them down, but its not their imperative to be smaller.

No, our point is not to say that they should be smaller. Our point is to say that when in the marketplace, they should take the responsibility that comes with the kind of power you have when you are this size.

So the big argument tech is making is that regulation stifles their ability to innovate. They point out how few multibillion dollar and trillion companies are coming out of Europe in recent decades versus the US, where regulations are lighter. How do you respond to that argument?

Well, the only thing that regulation and competition law enforcement stifles is innovative attempts to break that regulation and antitrust law enforcement, because I think that, indeed, its about time that democracy catches up and get a bit ahead of technology, because its not by our publicly elected representatives that our society is being shaped. It is by corporate business. But it is 100% legitimate for our elected representatives to say, this is the framework within which youll have to go compete. And yes, that puts a brake on something, but then its democratically decided. And I think that is perfectly fine. [MUSIC PLAYING]

Well be back in a minute. If you like this interview and want to hear others, follow us on your favorite podcast app. Youll be able to catch up on Sway episodes you may have missed, like my conversation with Senator Amy Klobuchar. And youll get new ones delivered directly to you. More with Margrethe Vestager after the break. [MUSIC PLAYING]

So lets move on to privacy. Back in 2018, the commission got a lot of praise for enacting the General Data Protection Regulation, or GDPR. It was aimed at stopping companies from exploiting EU citizens personal data. Three years later, one of the only big tech companies that got fined was Google, which was fined about 50 million, which is like pocket change to them. How are you thinking about GDPR three years hence.

Im a bit disappointed in the marketplace, that it has taken so long to have a market response let these new services help you enforce your rights when it comes to privacy. That has been really slow. And obviously, authorities in member states, theyre still working together to find the right level of enforcement when it comes to privacy, because privacy regulation and the citizens rights here, they are not just for bigger companies. Theyre for all companies. So we still have work to do in order to get the enforcement right and for people to feel that they have the power of their data.

So the European Commission is proposing whats coming up next, the Digital Services Act and the Digital Markets Act. Explain to me whats in these acts and why the commission wants to update the rule books to reign in. Explain exactly whats in them.

Well, the regulation Ive been talking about is the Digital Markets Act. Its the one that will harness what we call gatekeepers. Second, Digital Services Act, will basically make sure that what you get offline is also what you get online, for instance, that products are safe, and that platforms, they know the merchants doing business via that platform so well that they knew that these merchants will actually live up to that kind of responsibility. For instance, as an importer, that you can complain about your products, that the products are safe. And the second thing is about the services. If your post, if your profile is taken down, that there is somewhere where you can go complain about it in order to sort of maintain freedom of expression while at the same time being much stricter on the obligations to take down what is considered illegal in a member state. That could be incitement to violence, child abuse, bomb recipes, that sort of things.

So the Digital Service Act is more about content moderation. The Europeans have a different view on that than the Americans. How far should governments go to spelling exactly what amounts to acceptable and unacceptable speech? In the United States, its impossible because of the First Amendment. Facebook has a First Amendment right, for example. How do you balance free expression with the open internet?

So also here is a balancing act, because obviously freedom of expression is of the essence. But its really needed that we get more aggressive on all the illegal content out there. Our proposal does not say anything about what you say. It says something about how should you process that what is illegal is taken down, but what may be hurting or harmful or somewhat damaging, but which is not illegal, can actually stay up. And that, of course, is a really tricky thing to do. And this is why we are suggesting a more, I think for the platform, cumbersome procedure, that if something is taken down and people complain about it, that they have somewhere to go complain about it and they have a fair chance of getting their post back up again if what they have said is actually not illegal, even though it may be harmful to someone or hurting to someone, but not illegal.

Well, should that be the government doing that, or should it be the private companies.

It should be an independent body to assess this, so that things can be aligned.

All right, so thats a very difficult process, given the amount of data that comes across these companies all the time. Now, should private companies be held liable for actions like January 6th, for example?

Well, were very careful when it comes to liability. And to a very large degree, we sort of maintain the basics here, that you are a platform, and as such, youre not liable as to what happens there if it is obvious who is the sender. If people would make the obvious mistake that its actually you, a platform, who is responsible for this, then you may fall into a different category, but were still working on the question of liability. And we will come back to that later this year.

Do you think they should that companies like Facebook and others should be liable for January 6?

I think this is really tricky. What we think is that you should lift your responsibility away before it gets to that, because that kind of incitement to violence would be illegal, I think, in every EU member state.

So Facebook just announced last week its banning Trump for two years and it had to do with January 6. What do you make of the decision?

Well, I kind of understand the decision and why they felt the need to do something. What we would want is that that is not just a decision that they unilaterally take, but that you have a system so that you can actually discuss that and you also have some rights. That, of course, should be held up against the terms and conditions that you have signed up to.

But they tried to do that. They tried to give it over to their oversight board. What did you make of the board that theyve created that is allegedly independent, and this is what its supposed to do it shoved the decision back to Facebook, saying youve got to make laws about someone like Trump.

Well, I think its important that these processes, they are bound in legislation, so that people know what are their rights. If its a body set up by a private company within sort of the rein of that private company, of course, its a different thing then something that is guarded in legislation.

And do you imagine that would be workable in any sense?

Well, youre completely right to say that this is troublesome. And it will take a lot of resources. But the problem is that the alternative can be really undermining freedom of expression. But youre right to say that, obviously, this is so much more troublesome than just sort of a blanket, say, you take down what you think is illegal and well leave it at that.

Do you agree with their decision to remove President Trump from the platform?

That I have not thought about.

Come on. Really?

No, because Im not myself an active Facebook user. And I dont know what would be the ups and downs. I dont know what they have been considering. I dont know what are the details.

How do you look at his behavior online?

Well, I myself was surprised that one could express oneself as the former president did without any consequences until the very last minutes, so to speak, when you look at the terms and conditions that everyone signs up for.

I see. I think thats a yes. By the way, Donald Trump called you Europes tax lady. He also accused you of hating America. Trump told Fox Business, She hates the United States, perhaps worse than any person Ive ever met. Do you recall that?

Yes, I recall it. And it was really strange, because Ive never met President Trump.

Yeah. Well, anyway, President Biden is traveling to Brussels this month. How much of digital and tech is going to be on the agenda if you meet with him? And what would you like from the Biden administration?

First and foremost, I think its really, really good what the Biden administration is doing on taxation. The fact that there is now a G7 agreement may pave the way for a real global agreement when it comes to taxation. So obviously, I would encourage continuation of this line. But also, it will be really interesting were trying to create what we call a trade and technology council in order to have such a high level format to discuss everything from AI to standard setting. And hopefully, from that starting point, creating maybe a larger coalition of democracies to deal with some of these issues, because your take on technology also becomes your take on democracy.

I have to ask about your political future. You were once going to try to be the President of the European Commission. Are you still eyeing that post?

I have three and a half years left of this mandate, so I have not considered that for a second. When I didnt make it the last time, I spent between 15 and 20 seconds considering if I should be bitter and contesting for the next five years. And I figured out that that would be pretty harmful for me, but the rest of the world probably wouldnt care. So I took the choice to engage fully in my job and I really enjoy it. And I admire and respect the president that we have.

If the global tax authority or global regulatory authority emerges, would you want that job, to be the global tax cop?

Well, yes, if I can make it to 150, because I think thats the kind of age it would take to get to a global tax authority.

Just so you know, Jeff Bezos just announced hes going to space, so maybe global tax policy wont work for him if hes not literally on the globe. But perhaps you can extend it to Mars.

Well, first things first, now were working on space traffic management. I think its a good thing to get started. And that should be global as well.

OK, all right. I think thats perfect. [MUSIC PLAYING]

Sway is a production of New York Times Opinion. Its produced by Nayeema Raza, Blakeney Schick, Heba Elorbany, Matt Kwong, and Daphne Chen. Edited by Nayeema Raza and Paula Szuchman, with original music by Isaac Jones, mixing by Eric Gomez, and fact checking by Kate Sinclair. Special thanks to Shannon Busta, Kristen Lin, and Liriel Higa. If youre on a podcast app already, you know how to get your podcasts, so follow this one. If youre listening on The Times website and want to get each new episode of Sway delivered to you by a tax lady who loves Americans, download any podcast app and search for Sway and follow the show. We release every Monday and Thursday. Thanks for listening.

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Opinion | Meet Big Techs Tormenter in Chief - The New York Times

The S&P 500 now is top-heavy in 5 big tech stocks but that alone won’t end this bull market – MarketWatch

A top-heavy market may not be a warning sign, after all. Im referring to the outsized share of the U.S. market reflected in a handful of megacap stocks. The combined market valuation of just five stocks Apple AAPL, -0.64%, Microsoft MSFT, -0.59%, Amazon.com AMZN, -0.02%, Alphabet (Google) GOOGL, -0.84% and Facebook FB, -0.01% currently represent more than 20% of the total of all companies in the S&P 500 index SPX, -0.20%.

Many believe that such a lopsided market isnt healthy. They point out that, prior to the past couple of years, the peak of internet bubble held the record for when the five largest companies commanded the greatest share of the S&P 500s market cap. That was when their share hit 17%, according to data from Morgan Stanley Research.

Any parallel to the top of the internet bubble is certainly alarming. But what is overlooked when drawing this parallel is that the world has changed in fundamental ways over the past two decades. What previously was a danger sign may now be the new normal.

Thats because the markets are evolving along with whats known as a winner take all economy. Im referring to a prediction made in 2005 in the Journal of Economics & Management Strategy by Thomas Noe of Oxford University and Geoffrey Parker of Dartmouth College. The researchers predicted that, because of so-called network effects in an internet-based economy, industries will become increasingly dominated by their largest companies.

Their prediction has been remarkably prescient. As I pointed out in a late April column, the percentage of total corporate profits coming from the 100 biggest earners has skyrocketed over the past three decades. In 1975, the profit share of the top 100 was 48.5%, and in 1995 was 52.8%. But by 2015 it had jumped to 84.2%. (These percentages come from research conducted by Kathleen Kahle of the University of Arizona and Rene Stulz of Ohio State University.)

With the recent earnings season now behind us, I decided to see what the comparable percentage was in 2020. It was higher still, at 91.8% as you can see from the chart below. One third of the S&P 1500 companies lost money. The rest more or less were competing for the crumbs falling off the table from the profit feast of the top 100 companies.

In light of this, the lopsided U.S. market appears to be far less concrning. In fact, given how much the biggest companies are earning relative to the rest of the market, they deserve to have outsized market caps. According to FactSet data, for example, the five largest U.S. stocks as of June 7 represented 21.5% of the total market cap of the S&P 500, and their latest fiscal years net income represents 22.6% of the total net income of all 500 companies in that index.

Relative to earnings, in other words, the top five companies are slightly cheaper than the other 400 companies in the S&P 500. This is far different than the situation that prevailed at the top of the internet bubble, when some of the stocks with the biggest market caps were producing paltry earnings.

Dartmouths Parker said in an interview that its not particularly surprising that profits and market caps are currently correlated. It would be more surprising if they were not, as was the case at the top of the internet bubble. Absent such a disconnect, he said, the concentration of market cap in the largest companies is not a signal of a top-heavy market.

This doesnt mean that the stock market isnt vulnerable to a big decline, Parker added. The point instead is that, if indeed the market does decline, it will be for other reasons than the concentration of market cap among the largest companies.

Mark Hulbert is a regular contributor to MarketWatch. His Hulbert Ratings tracks investment newsletters that pay a flat fee to be audited. He can be reached at mark@hulbertratings.com

More: Dont get too optimistic about a stock market rally theyve been fizzling out

Also read: Never short a dull market? What stock traders need to know about a popular adage

Originally posted here:

The S&P 500 now is top-heavy in 5 big tech stocks but that alone won't end this bull market - MarketWatch

How Mars Used Technology to Center Purpose During the Pandemic – Triple Pundit

Mars operates under its purpose statement, The world we want tomorrow starts with how we do business today. In 2020, the companys bold ambitions were put to the test as the world was faced with an unprecedented level of uncertainty and change.

At the onset, Mars prioritized keeping its global employees, who it calls associates, safe and healthy both physically and mentally across its offices, factories, veterinary hospitals and clinics/labs, retail and field sales. The multinational consumer goods company leaned into its purpose to navigate the crisis and embraced technology to enable connections while ensuring safety, Angela Mangiapane, president of Mars Global Services, told TriplePundit.

Mars, a family-owned company, has long operated as a principles-led business, first codifying its Five Principles which include mutual benefit for all stakeholders in the early 1980s.

About a year before the COVID-19 pandemic, Mars embarked on what it calls a digital transformation, with the aim of gathering timely and more relevant data about customer and associate experiences. This digital transformation was critical in helping Mars implement purpose-driven adaptations to support its associate wellbeing and care for the people and pets of its global communities.

These two factors a focus on purpose and a turn toward technology proved invaluable as the company looked to pivot in the early months of the pandemic, Mangiapane said.Mars has always been and will continue to be a purpose-driven, principles-led business. These two factors have helped guide our ongoing digital journey, but the COVID-19 pandemic accelerated things, she told us. Large organizations tend to be more risk averse. The pandemic gave us the sense of, we have to act now its sink or swim, which led us to prioritize pace over perfection.

Mars has more than 130,000 associates in 80 countries worldwide. Like all companies, the organization needed to implement changes throughout the business to ensure everyone who could work remotely was able to do so, while ensuring frontline workers were protected. That included a suite of enhanced benefits, chief among them a global pay protection policy, increased sick pay, and support for child and family care.

But as the initial response phase passed, the company wanted to do more to help associates stay connected, safe and well, Mangiapane said. Thanks to the efforts of our essential and frontline workers, we were able to sustain our business and provide our consumers, customers, clients and pets with the products and services they need and love. We really established that COVID-19 wasnt going to define who we were. We were still going to make sure that we defined who we were which is, first and foremost, Mars associates, she told us.

As questions arose, including how to manage day-to-day workflows, onboard new hires remotely or maintain mentoring programs from afar, leadership looked to its associates for the answers.

COVID-19 challenged our core limiting beliefs, Mangiapane said. It empowered associates to ask: What can we do? By teaming up, they were able to come up with solutions.

One of those solutions was the implementation of accessible digital health tools, which helped their associates better connect people to resources including the global expansion of the companys Associate Assistance Program (AAP).

Teams met for virtual workshops to learn new skills for working remotely while avoiding burnout, and they moved to different ways of working, including through Meet Smarter, a proprietary Mars tool that shortens default meeting times to provide five- to 10-minute breaks each hour. At a company-sponsored no-code hackathon, more than 1,000 associates (many with no coding or tech experience) teamed up to develop apps including mentoring and conference room booking with a focus on upskilling.

We don't want to limit digital: You dont need to know how to code or be a computer scientist in order to use these tools, Mangiapane said. You could say, Ill only take people who already have the skills to work on digital, but then youre limiting the potential of the wonderful associates you already have.

Known for producing everything from candy to cat food, Mars is the parent company to a host of brands across its Mars Petcare, Mars Wrigley and Mars Food business segments from iconic brands like M&MS and Skittles to pet food labels like Iams and Pedigree and food favorites such as Bens Original. When it comes down to it, these are products that make people happy, so beyond their own workflows, associates also looked to create new ways to brighten peoples days in a dark and difficult time, Mangiapane said.

Ethel M Chocolates offered virtual tastings so families could meet over something sweet even when they couldnt be together physically, and M&MS launched 3D remote tours of its fantastical retail stores in Disney Springs and the Mall of America to bring that forever-young feeling into customers living rooms. We wanted to help customers keep that social connection even if they couldnt be physically together. We just wanted to find ways to make people smile, Mangiapane said.

Meanwhile, Mars Petcare looked to follow through on its purpose to create a better world for pets.

It's really humbling to see the focus on purpose that Petcare had during the pandemic, Mangiapane told us. It wasn't about maintaining our numbers. It was very much about how to take care of our pets. They were at the center of everything we did, and we wanted to understand what pet parents were going through.

In the Petcare business, the company worked with digital professionals and human health experts to help pet owners navigate the unknowns of the pandemic, while strengthening the human animal bond amidst the pandemic. Mars Petcare conducted science-based research to better understand the impact of COVID on pets, helped connect new pet parents with adoptable pets, and ensured food and treats were supplied in retail stores worldwide. On top of this, veterinary professionals around the world working for Mars offered curbside pick-up and drop-off and pioneered telehealth vet visits. The Iams brand even created the worlds first nose-scanning app, called NOSEiD, which can identify lost dogs by their nose prints and reunite them with their families. (Surprisingly, nose prints are to dogs what fingerprints are to humans each one is unique. Who knew?)

(Video: Mars brand Pedigree's Dogs on Zoom campaign helped shelter dogs get adopted even when in-person meetings weren't possible.)

Mars is not the only company to embrace technology amidst the pandemic recent research indicates that companies accelerated digitization by three to four years on average in 2020, and many of those changes could be here to stay. But Mars approach to leveraging the power of purpose with the connection of technology makes this a case study worthy of attention.

If you follow your North Star, you cant go wrong, Mangiapane said, and then everything else becomes an enabler for that.

This article series is sponsored by Marsand produced by the TriplePundit editorial team.

Image and videocourtesy of Mars

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How Mars Used Technology to Center Purpose During the Pandemic - Triple Pundit

Chinese Rover on Mars Ushers In New Space Race – Voice of America

CHICAGO - Geophysical sciences professor Edwin Kite pores over a steady stream of data and images originating from U.S. and Chinese rovers and crafts simultaneously exploring Mars.

"I am interested in solar system and exoplanet habitability, Kite explained to VOA from his University of Chicago laboratory. His field of study has traditionally been accomplished using telescopes and analyzing meteors in addition to the few moon rocks returned to Earth by U.S. astronauts who landed there in the 1960s and 70s.

But todays on-the-ground missions exploring Mars are helping him and his colleagues obtain a more direct and complete understanding of the red planet.

You can quickly go through a loop of making a discovery, forming a hypothesis based on that discovery and sending a new spacecraft to test it, Kite told VOA. Weve only scratched the surface of what there is to discover. We dont know which countrys investigation is going to stumble over something that unlocks the next stage of exploration. The more countries doing that exploration, the better, for everyone.

Testifying remotely at a recent U.S. congressional hearing, NASA Administrator Bill Nelson, a former astronaut and former U.S. senator from Florida, signaled alarm at the recent success of the Chinese space program, which he said wasnt confined to Mars exploration.

They want to send three big landers to the south pole of the moon. And thats where the water is, he said. And we are still a year or two away from a much smaller lander going there.

Artemis program

Nelson is urging lawmakers to support NASAs Artemis program, which plans to return humans including the first woman to the moon, with Mars as an eventual destination.

Nelson said China is on a similar path.

I think thats adding a new element as to whether or not we want to get serious and get a lot of activity going on landing humans back on the surface of the moon, he said.

China is gaining rapidly on the U.S., and the Europeans are also in this space race, said Rocky Kolb, a professor of astronomy and astrophysics at the University of Chicago who believes a new space race could be mutually beneficial. Competition brings out the best in everyone. It pushes people, and theres a lot to explore in space.

Kolb would like to see the U.S. and Chinese space programs collaborate as well as compete.

I think it would be great in the future if the U.S. could cooperate with China in the same way that now we cooperate with the European Space Agency," he said. "It adds a lot to the table. Theres a lot of talent in China that we could make use of and a lot of resources in China, and they have a lot of money to explore space. And I think this is something that mankind should do together.

But both Kite and Kolb acknowledged there was a limit to how much cooperation could realistically occur between the United States and China.

The technology involved in the peaceful exploration of space can also be transported to military uses, Kolb told VOA.

Different ways to cooperate

Kite said that while there are legal and political barriers that prevent NASA and the Chinese space agency from working together, those dont apply to non-NASA-funded work by academic institutions such as his own.

For now, Kite, Kolb and the global scientific community continue to examine tantalizing data and images relayed from Mars that could yield clues about the origin of life on Earth. Kolb noted that human curiosity and the thirst for knowledge transcend national borders.

Mars is a big planet and there are many places to explore and many unanswered questions," he said. "Every rover is doing something different, and the total of what we learn is important. There is only one Mars. It doesnt belong to the U.S. and it doesnt belong to China."

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Chinese Rover on Mars Ushers In New Space Race - Voice of America

Take A Look Around Mars With This 360-Degree Video Captured By NASAs Perseverance Rover – Mashable India

Theres some exciting news for all space nerds out there! The National Aeronautics and Space Administration (NASA) recently released a 360-degree panorama of Mars captured by its Perseverance rovers Mastcam-Z stereo imaging system. NASA has also released a 360-degree video of the red planet.

SEE ALSO: Earth Resembles Mars In This Stunning Shot Captured By French Astronaut From ISS

The panorama images and the videos released by NASA are super cool as they let you have a look around the red planet as you desire. You can also zoom in to a particular spot on the image if you want to observe it more clearly. In the case of the video, you can use the arrows in the top left or click and drag your cursor or mouse, to move the view up/down and right/left. Exciting, right?

NASA states that Perseverance captured this 360-degree view at Van Zyl Overlook, where the rover was parked for 13 days as the Ingenuity helicopter performed its first flights. Talking about the details of the image, the 2.4-billion-pixel panorama is made up of 992 individual right-eye Mastcam-Z images combined together. The images were taken between April 15 and 26, 2021, or the 53rd and 64th Martian days, or sols, of the mission. Check it out:

SEE ALSO: See Pic: NASA Perseverance Rover Spots Funny-Looking Rocks On The Red Planet!

NASA further explains that a few small patches of near-field sand were covered by parts of Perseverance when the right-eye Mastcam-Z images were taken. To fill these gaps, images of the same sandy patches captured by Mastcam-Z left-eye camera were used. Moreover, imaging coverage of the sky has been digitally smoothed and expanded to match the actual sky color observed as the panorama was being acquired on Mars. Click here to view the panorama images.

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Take A Look Around Mars With This 360-Degree Video Captured By NASAs Perseverance Rover - Mashable India

Northern Ireland row mars final day of G7 summit – The Times

President Biden privately warned Boris Johnson not to allow disputes over Brexit to undermine the Northern Ireland peace process, the White House has disclosed.

The American president has yet to comment publicly on what he said to Johnson when the two men met for the first time on Thursday.

Jake Sullivan, the US national security adviser, told American reporters that Biden had held a candid discussion with the prime minister about Northern Ireland during the course of the G7 summit in Cornwall.

Raab: EU "offensive" for not treating Northern Ireland as part of the UK

All Im going to say: they did discuss this issue. They had a candid discussion of it in private, Sullivan said. The president naturally, and with deep sincerity, encouraged the prime minister to protect the Good Friday agreement and the progress made under

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Northern Ireland row mars final day of G7 summit - The Times

Kyle Busch’s car will be wrapped in photos of adoptable dogs in Charlotte for Sunday’s race – WCNC.com

Cutouts of additional furry friends will also appear at the track on Sunday, sitting in Buschs pit box where they will act as his honorary pit crew.

CHARLOTTE, N.C. Kyle Busch, 2X NASCAR Cup Series Champion, is heading to Nashville with a new car design that features seven adoptable dogs from the Charlotte and Nashville area.

According to a news release, cutouts of additional furry friends will also appear at the track on Sunday, sitting in Buschs pit box where they will act as his honorary pit crew, barking instructions at the driver.

As part of a collaboration, Mars Petcare's Better Cities for Pets program and Pedigree Foundation will host adoption events in Nashville and Charlotte during the race weekend and cover all adoption fees at participating shelters for any pets that find loving homes from June 18-20.

To drive awareness for the events, Kyle Busch will visit the Humane Society of Charlotte to meet some adoptable pets before heading to Nashville for the NASCAR Cup Series race.

"I'm a huge dog lover, so having Pedigree Foundation choose to feature shelter pets that are in need of homes on our No.18 Camry this weekend is really cool," Kyle Busch said. "This week I'll be meeting some of the dogs firsthand in Charlotte and have some special friends up on our pit box too. With the Better Cities for Pets program and Pedigree Foundation covering adoption fees in Charlotte and Nashville this weekend, our hope is that these pets are welcomed into the loving homes they deserve."

Participating shelters include Williamson County Animal Center and Nashville Humane Association in Nashville and the Humane Society ofCharlotte in Charlotte, home of NASCAR HQ.

"We're delighted to be working alongside NASCAR, Joe Gibbs Racing and Kyle Busch who support our goal of ending pet homelessness," said Kimberly Spina, President of Pedigree Foundation. "To celebrate the return of the NASCAR Cup Series to Nashville, we're thrilled to host adoption events with partner shelters in our hometown of Nashville and NASCAR's hometown of Charlotte, in an effort to make a real difference in both communities and give more pets the chance at loving homes."

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Kyle Busch's car will be wrapped in photos of adoptable dogs in Charlotte for Sunday's race - WCNC.com

Mars Petcare And PEDIGREE Foundation Partner With Kyle Busch To Help Shelter Pets Find Loving Homes – PRNewswire

As part of the collaboration, Mars Petcare's BETTER CITIES FOR PETS Program and PEDIGREE Foundation will host adoption events in Nashville and Charlotte during the race weekend and cover all adoption fees at participating shelters for any pets that find loving homes from June 18-20. To drive awareness for the events, Kyle Busch will visit the Humane Society of Charlotte to meet some adoptable pets before heading to Nashville for the NASCAR Cup Series race. Busch will also raise awareness for the need for pet adoptions by "hosting" life-size cutouts of adoptable dogs from local shelter partners on top of his pit box, acting as his honorary pit crew during Sunday's race.

"I'm a huge dog lover, so having PEDIGREE Foundation choose to feature shelter pets that are in need of homes on our No.18 Camry this weekend is really cool," said Kyle Busch. "This week I'll be meeting some of the dogs firsthand in Charlotte and have some special friends up on our pit box too. With the BETTER CITIES FOR PETS Program and PEDIGREE Foundation covering adoption fees in Charlotte and Nashville this weekend, our hope is that these pets are welcomed into the loving homes they deserve."

Participating shelters include Williamson County Animal Centerand Nashville Humane Associationin Nashville and the Humane Society of Charlottein Charlotte, home of NASCAR HQ. Courtesy of Mars Petcare and PEDIGREE Foundation, each adopter will receive a starter kit for their new furry family member that includes food from PEDIGREE, CESAR and IAMS brands, treats from DENTASTIX and TEMPTATIONS brands, as well as coupons and swag from BANFIELD Pet Hospital, VCA Animal Hospitals, WISDOM PANEL test kits, PEDIGREE Foundation and the BETTER CITIES FOR PETS Program.

"We're delighted to be working alongside NASCAR, Joe Gibbs Racing and Kyle Busch who support our goal of ending pet homelessness," said Kimberly Spina, President of PEDIGREE Foundation. "To celebrate the return of the NASCAR Cup Series to Nashville, we're thrilled to host adoption events with partner shelters in our hometown of Nashville and NASCAR's hometown of Charlotte, in an effort to make a real difference in both communities and give more pets the chance at loving homes."

The adoption events will follow local market COVID-19 guidelines. For more information about PEDIGREE Foundation and its mission to end pet homelessness, please visit http://www.pedigreefoundation.org

About the PEDIGREEBrandThe PEDIGREE Brand is the number one brand of dog food and treats in the world, feeding more dogs than any other brand. The PEDIGREE Brand offers a wide variety of products and formats for dogs at every life stage. The PEDIGREE Brand is built on an unwavering love for all dogs and a commitment to dog adoption. For more information, please visitwww.Pedigree.com.

About PEDIGREE FoundationWe believe every dog deserves a loving, forever home. PEDIGREE Foundation is an independent 501(c)(3) non-profit organization working to help end pet homelessness. Nearly 3.5 million dogs end up in shelters and rescues every year, and nearly half never find a home. The foundation was established in 2008 by Mars Petcare, maker of PEDIGREE food for dogs, to help increase dog adoption rates. We've awarded more than 5,700 grants and over $9 million to U.S. shelters and rescues that help dogs in need. At PEDIGREE Foundation, we're working toward a day when all dogs are safe, secure, cared for, fed well and loved. See how you can help at PedigreeFoundation.org.

About Mars PetcarePart of Mars, Incorporated, a family-owned business with more than a century of history making diverse products and offering services for people and the pets people love, the 85,000 Associates across 50+ countries in Mars Petcareare dedicated to one purpose: A BETTER WORLD FOR PETS. With 85 years of experience, our portfolio of almost 50 brands serves the health and nutrition needs of the world's pets including brands PEDIGREE, WHISKAS, ROYAL CANIN,NUTRO, GREENIES, SHEBA, CESAR, IAMS and EUKANUBA as well as the WALTHAM Petcare Science Institutewhich has advanced research in the nutrition and health of pets for over 50 years. Mars Petcare is also a leading veterinary health provider through an international network of over 2,000 pet hospitals and diagnostic services including BANFIELD, BLUEPEARL,VCA, Linnaeus, AniCuraand Antech. We're also active in innovation and technology for pets, with WISDOM PANEL genetic health screening and DNA testing for dogs, the WHISTLE GPS dog tracker, and LEAP VENTURE STUDIOaccelerator and COMPANION FUND programs that drive innovation and disruption in the pet care industry. As a family businessand guided by our principles, we are privileged with the flexibility to fight for what we believe in and we choose to fight for our Purpose: A BETTER WORLD FOR PETS.

SOURCE Mars Petcare

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Mars Petcare And PEDIGREE Foundation Partner With Kyle Busch To Help Shelter Pets Find Loving Homes - PRNewswire

A tiny Texas town might be the gateway to Mars – The Dallas Morning News

A few years ago, Boca Chica, Texas, was a forgettable little village at the point where the United States, Mexico and the ocean all meet. Now, its home to the worlds only private spaceport and the most ambitious project of maybe the most ambitious private company on the planet.

At its Boca Chica test site, Elon Musks SpaceX builds, launches and tries to land prototypes of its Starship, the vessel that the company hopes will transport people to the moon and to Mars and that could get you from New York to Shanghai in 40 minutes. If Musks ambitions are realized, Boca Chica wont be an unknown beach spot outside Brownsville for much longer. Itll be the gateway to Mars.

That could transform the area. At present, its hard to find statistics that flatter Brownsville. In the ZIP code that includes SpaceXs launch site, 36% of residents live below the federal poverty line, compared with 10.5% nationally. Median household income is $30,100, half the national figure, and 43% of residents didnt finish high school.

Early signs suggest, however, that SpaceX is making an impact. The company says it employs 3,000 people at the South Texas site, and hotels in South Padre, a few miles to the north, now do a steady trade in space tourism. Musk recently announced plans to donate $20 million to the areas schools and $10 million to downtown revitalization in Brownsville. Local leaders hope Brownsville will become Americas third space city, after Houston and Cape Canaveral, and perhaps one day overtake them in importance.

SpaceX is ramping up operations. The firm has bought two former oil rigs, which it will convert into offshore launch pads in Brownsvilles port, and it plans to drill for natural gas next door to the Boca Chica launch pad to create its own supply of rocket fuel and power. The launch site is expanding rapidly, and the company intends to turn Boca Chica into a 21st-century spaceport and develop SpaceXs first resort from inception to development. The company has a steady revenue source, and it plans to use that money to maintain its lead on the rest of the field. As SpaceX achieves breakthroughs at its Boca Chica site, its hard to see how the effects wont be felt in the local economy.

SpaceX is another good-news story for the Texas economy. Migration from California to Texas has entered warp speed in the last year or so because of the COVID-19 pandemic. Austin topped the list of cities that Americans moved to in 2020. According to census data, 687,000 Californians moved to the Lone Star State in the decade before the pandemic. Some of the most storied names in California tech, including Oracle and Hewlett-Packard Enterprises, have also moved their headquarters to Texas.

Commenting on what he called the tidal wave of businesses heading to Texas, Gov. Greg Abbott said, Cost of business means a lot. No income tax means a lot, but also the freedom to operate without the heavy hand of regulation means a lot.

Perhaps the most high-profile California transplant? Elon Musk, who announced his move late last year.

Texas pull factors are nothing new. It has had lower taxes, fewer rules, cheaper housing and other enticements for quite some time. What has changed is a progressive creep in California policymaking that treats free enterprise with ever more suspicion and, for all the West Coasts supposed emphasis on open-mindedness, fosters an increasingly intolerant intellectual and cultural climate. The California-versus-Texas debate is emblematic of the limitlessly ambitious, genuinely transformative form of innovation that these days feels a lot more Texan than Californian.

In The Decadent Society, New York Times columnist Ross Douthat ties the concept behind his books title, which he defines as a kind of cultural, economic and political stagnation that has plagued America for a generation, to a lack of extraterrestrial ambition. Where space once inspired awe, most Americans have, for decades, been decidedly indifferent toward the final frontier. Perhaps the progress being made by SpaceX, as well as the renewed interest in space travel more generally, is a sign that this is about to change.

Peter Thiel, a tech maverick like Musk, once famously complained that we wanted flying cars; instead we got 140 characters. But late in 2020, he told Forbes that COVID-19 was a giant watershed moment and that the pandemic year should be thought of as the first year of the 21st century. This is the year in which the new economy is actually replacing the old economy. Could it be that the 2010s were an underwhelming prelude to a roaring 2020s, built on real-world technological innovation?

If Thiel is right and an era of dynamism is just around the corner, men like Musk and companies like SpaceX will likely be at the heart of it. And, just as important, places like Brownsville, unlikely corners of the country with less to lose than Silicon Valley, could be the sites of a technological and industrial revolution.

Oliver Wiseman is an editor at The Critic. This piece was adapted for The Dallas Morning News from an essay that originally ran at City Journal.

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A tiny Texas town might be the gateway to Mars - The Dallas Morning News

Defending the First Amendment | News, Sports, Jobs – Williamsport Sun-Gazette

This is in response to the article about the Commissioners attempting to tell the Library how to do their job that appeared in the June 9 edition of the paper.

We want you to know that we stand with Mr. Mirabito. The Commissioners have no business telling the library what books they should or should not display. The library is a place where all should feel welcome, see themselves reflected in the pages of books, and know that their voice matters. Those books belong in the Childrens Department. They are, after all, childrens books, and they teach lessons in tolerance that it would behoove all of us, including adults, to emulate. If we believed, as our Declaration of Independence states, that all (people) are created equal, marginal groups would not be separated. And we would all be accepted for who we are.

NANCY E McCARTY

ALISSA DuBOIS

Williamsport

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Defending the First Amendment | News, Sports, Jobs - Williamsport Sun-Gazette

If Critical Race Theory Is Banned, Are Teachers Protected by the First Amendment? – Education Week

How much academic freedom do K-12 teachers actually have to teach what they want? How far does the First Amendment go in shielding them? And where would they stand in the face of new state laws taking aim at the use of critical race theory or the teaching of antiracist lessons?

Measures introduced in at least 20 state legislatures to rein in teaching about race and other controversial and divisive topics have thrust teachers into uncertainty over what they can discuss in the classroom and whether they would face discipline or other legal consequences if they overstep.

This would make me hesitate now on some lessons about race, said August Plock, a social studies teacher at Pflugerville High School, near Austin, Texas. It potentially puts a chill over teachers.

Texas is one of five states where legislators have passed proposals so far this year limiting how teachers may address race issues in the classroom, with laws already signed by governors in Idaho, Iowa, Oklahoma, and Tennessee.

These measures pose a host of legal questions. For example, John Rumel, a law professor at the University of Idaho, said the measure passed in his state raises First Amendment free speech issues.

If Im a K-12 teacher, Im not sure what I can do, said Rumel, a former general counsel to the Idaho Education Association. Can I mention there is a rubric known as critical race theory that exists? Im not espousing it. This measure would give me pause as a teacher and might chill my speech.

While its too early for any of the new laws to have been challenged, the wave of legislation has teachers wondering how much leeway they have to veer from approved curricula or to address issues proscribed by state laws.

The blunt answer: While K-12 teachers retain some protections for their comments on issues of public concern, they dont have much in the way of academic freedom to veer from the curriculum or infuse their own experiences and views into the classroom.

I am reluctant to come to this conclusion, but in the K-12 sector, teachers do not really have any academic freedom, said Richard Fossey, a recently retired professor who taught education law at the University of Louisiana at Lafayette and has co-written several journal articles on the topic.

Suzanne Eckes, an education professor at Indiana University-Bloomington who has also written about the issue, said that under a series of decisions from the U.S. Supreme Court and the federal courts of appeals, K-12 teachers do not have the type of academic freedom that courts have recognized for college professors.

You dont have a lot of leeway, Eckes said she tells teachers. If a teacher called me and said, I want to teach the 1619 Project or about the Tulsa race massacre but my supervisor has advised me not to, I would sympathize with them, but would add that they could get in trouble for teaching those concepts.

The laws passed or proposed so far generally prohibit schools from teaching that one race or sex is inherently superior, that any individual is consciously or unconsciously racist or sexist because of their race or sex, and that anyone should feel discomfort or guilt because of their race or sex.

Some adopted or pending measures specifically mention critical race theory, a decades-old academic framework that examines how racism has shaped the U.S. legal system and has become the crux of controversies across the country.

Richard Fossey, retired law professor, University of Louisiana at Lafayette

At least two proposals specifically singled out as a prohibited topic for the schools the 1619 Project, a long-term reporting effort by The New York Times that has been turned into a curriculum centered around the year that enslaved Africans were first brought to colonial America.

But it remains unclear to what degree the various pieces of legislation address specifics of whats actually being taught in the nations schools.

Very few school districts will say out loud, Were adopting critical race theory, said Daniel R. Suhr, a lawyer with the Chicago-based Liberty Justice Center, which has sued a Nevada charter school and a Virginia school district over some of their anti-racism curricula or policies. They might say, Were embracing equity.

Critics often cite critical race theory as the basis for many diversity and inclusion efforts, regardless of how much the framework has actually informed those programs.

Many teachers, of course, freely express their opinions in their classrooms and make instructional decisions that veer from the approved curriculum.

I was a high school teacher, and I was always giving my political opinion and nothing ever happened to me, said Eckes, the Indiana University education professor. But that was due more to the grace of school administrators than any legal protections.

The U.S. Supreme Court has recognized academic freedom for professors and institutions at the higher education level, with a 1967 decision calling the college classroom the marketplace of ideas.

When it comes to K-12 teachers, the high court has made some lofty pronouncements, such as its language in the landmark Tinker v. Des Moines Independent Community School District decision on student speech, which declared that neither students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.

Education law scholars also can point to a handful of cases in which K-12 teachers did win court rulings in support of their classroom expression. In the 1960s and 1970s, teachers won cases after being fired for uses of the F-word, for using a controversial role-playing method to teach about Reconstruction, and for distributing surveys to students about sex, drugs, and euthanasia.

But in 2006, the Supreme Court ruled in Garcetti v. Ceballos that public employees generally do not have First Amendment protection for their on-the-job speech.

In a friend-of-the-court brief submitted in the Garcetti case, the National Education Association had argued that to teach is to communicateoften on matters of the greatest public importance and controversy. A decision that failed to recognize First Amendment protection for job-related speech would have a devastating impact on teachers, the union said in its brief.

Garcetti involved an employee of a prosecutors office. In his majority opinion, Justice Anthony M. Kennedy said the court was not deciding whether its analysis would apply in the same manner to a case involving speech related to scholarship or teaching. The line was perhaps a response to a dissent by Justice David H. Souter, who expressed concerns about the effect of the majoritys principle on academic freedom in public colleges and universities.

Since Garcetti, numerous courts have ruled that the potential exception for scholarship and teaching did not apply to K-12 educators.

In a 2007 case, a federal appeals court upheld the non-renewal of an Indiana middle school teacher who had expressed her opposition to the U.S. war in Iraq to her students, which had led to parent complaints.

Another federal appeals court, in a 2016 decision, upheld the discipline of a Chicago 6th grade teacher whose principal overheard him teaching his students not to use the N-word. The teacher was suspended for five days for using verbally abusive language in front of students, even though the teacher was trying to explain why the word was offensive.

In a 2010 decision, a federal appeals court upheld the non-renewal of an Ohio high school teacher who had centered a lesson around banned books that included some selections parents considered inappropriate. The U.S. Court of Appeals for the 6th Circuit, in Cincinnati, analyzed the competing interests at stake in that case, Evans-Marshall v. Tipp City Exempted Village School District.

On the one side, doesnt a teacher have the First Amendment right to choose her own reading assignments, decide how they should be taught and above all be able to teach a unit on censorship without being censored or otherwise retaliated against? the court said. On the other side, doesnt a school board have the final say over what is taught, and how, in the public schools for which it is responsible? Who wins depends on which line of legal authority controls.

The appeals court sided with the school district, holding that Garcetti applied because the teacher was acting pursuant to her job duties and the First Amendment does not extend to the in-class curricular speech of teachers in primary and secondary schools.

Stuart Stuller, Colorado attorney representing school boards

The 6th Circuit court recently appeared to reaffirm the distinction on academic freedom between college professors and K-12 teachers. A 6th Circuit panel ruled in March that an Ohio college professor who refused to use the preferred pronouns of a transgender student because of the professors religious beliefs was protected by academic freedom.

The college had punished a professor for his speech on a hotly contested issue, in violation of the First Amendment, the court held. The court said in a footnote that its 2010 ruling in Evans-Marshall was limited to schoolteachers.

Fossey, the University of Louisiana professor, said the Supreme Courts Garcetti decision has been really hostile to the view that K-12 teachers have any control over the curriculum or even their teaching style.

Stuart Stuller, a veteran Colorado attorney representing school boards, said the rationale for districts supervision of teachers on-the-job speech is that when the teacher is standing in front of the classroom, that teacher is a representative of the state.

The First Amendment doesnt necessarily give subordinate employees the right to do something the supervisor has told him not to do, said Stuller, who is nonetheless sympathetic to academic freedom concerns of teachers and once wrote a law journal article on the subject.

Teachers and other public school personnel still have First Amendment protections for speaking out on matters of public concern outside of their job duties, even when those matters involve the operations of their employer.

That was underscored by another controversy this month in the 82,000-student Loudoun County, Va., district outside Washington, D.C. A state judge ordered the reinstatement of an elementary school teacher who was suspended after speaking up at a school board meeting against a proposed gender-equity policy that would include requiring teachers to address transgender students by names and pronouns used by those students. The district received several complaints about the teachers public comments and placed him on administrative leave because of the disruptive impact his remarks had on his school, court papers say.

The state judge on June 8 issued a temporary injunction in favor of the teacher after analyzing the case under Pickering v. Board of Education of Township High School District 205, a 1968 Supreme Court decision that a teachers speech on a matter of public concern is protected under the First Amendment if it outweighs the employers interests in workplace efficiency and lack of disruption.

Alice OBrien, the general counsel of NEA, said the new state laws limiting what teachers and schools may say about racism and other matters are certain to be challenged in court, though likely not on the grounds of teacher academic freedom.

These are situations where the state legislature is prohibiting the instruction of certain concepts in the schools, she said. These laws are aimed at instruction across a state, and that is a different context than that of an individual teacher right.

Such challenges will likely be based on the 14th Amendments equal-protection clause because the measures were enacted with racial animus, OBrien said. And they could be subject to challenge based on the First Amendment right of students to receive information, she said.

OBrien pointed to rulings that resulted in the invalidation of an Arizona law that barred public schools from instituting an ethnic studies curriculum, such as by holding classes or programs that promoted resentment toward a race or class of people, that were designed primarily for pupils of a particular ethnic group, or that advocated ethnic solidarity instead of treating students as individuals.

The law was pushed for by a Republican state superintendent of public education and was targeted at a Mexican American Studies program in the Tucson school district and challenged in court.

The U.S. Court of Appeals for the 9th Circuit, in San Francisco, in 2015 held that the law was not unconstitutional on its face, but allowed the challenge to proceed based on evidence of discriminatory purpose in the enactment and enforcement of the law. A federal district judge in 2017 struck down the Arizona law on equal protection and First Amendment grounds.

These statutes want schools to impart a particular view of America, said OBrien. They are intended, at the very least, to chill speech. And they seem to be having that impact.

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If Critical Race Theory Is Banned, Are Teachers Protected by the First Amendment? - Education Week

The PRO-SPEECH Act Is Anything but First Amendment-Friendly – Reason

It may be dubbed the "Promoting Rights and Online Speech Protections to Ensure Every Consumer is Heard" (PRO-SPEECH) Act, but a new bill from Mississippi Republican Sen. Roger Wicker is anything but First Amendment-friendly. Wicker's measure would ban huge swaths of online content moderation, forcing private internet forums to host speech that may currently violate their terms of service and be considered hateful, harassing, vulgar, or otherwise undesired.

The bill would also take aim at freedom of association and free markets, disallowing some tech servicessuch as app stores and cloud computing companiesfrom choosing what products they offer or what businesses they'll contract with.

Introduced Thursday, the so-called PRO-SPEECH Act strikes at the heart of First Amendment protections, compelling companies under threat of sanction from the government to platform messages they otherwise wouldn't.

Essentially, Wicker's bill is "net neutrality" legislationsomething that was vehemently opposed by Republicans of yorebut for online content platforms, search engines, and marketplaces rather than internet service providers. The bill would make it illegal for digital entities to block or impede access to "any lawful content, application, service, or device" that doesn't interfere with platform functionality or "pose a data privacy or data security risk to the user."

The bill would also explicitly ban taking action against a user based on "political affiliation." Tech companies could no longer choose to ban, for instance, Nazi content or decline to host web forums devoted to white supremacist political groups. Web forums couldn't choose to be exclusively for conservative users, or progressive users, or so on.

"Approximately zero people actually want" the Internet this bill would create, Daphne Keller of the Stanford Cyber Policy Center commented on Twitter.

Notably, the bill would exempt from some provisions any company that "publicly proclaims to be a publisher."

It has been a common conservative delusion that Section 230 of the Communications Decency Act already turns on some sort of vital legal distinction between "publishers" on one hand and "platforms" on the other, with platforms having a responsibility to remain neutral conduits for content and only publishers allowed to set any rules for what types of content they will carry. This is not actually the way that Section 230 works.

But "Senator Wicker is trying to make the ridiculous and nonsensical 'publisher/platform' distinction an actual thing, despite the fact that this is blatantly unconstitutional," writes Mike Masnick at Techdirt. "The end result is that this bill leans into the moderator's dilemma and creates two types of internet sites: complete garbage dumpswhere no moderation can take place, and Hollywood-backed squeaky clean productions. It wipes out the parts of the internet that most people actually like: the lightly moderated/curated user-generated aspects of social media that enable lots of people to have a voice and to connect with others, without being driven away by spammers, assholes, and abusers."

In addition, the bill also redefines anti-competitive behaviorthe backbone of antitrust law violationsto include any large company blocking, prohibiting, or discriminating against any platform that competes with any part of its own business. No matter how many of a company's rules the quasi-competitor violated, it would have to be allowed.

The Federal Trade Commission (FTC) would have broad discretion to enforce the law, making it ripe for politics-based abuse. Small internet businesses would be exemptexcept for when the FTC decides they are not.

Violations would be considered unfair and deceptive practices under the Federal Trade Commission Act. Anyone could register a complaint with the FTC alleging a violation, creating a massive new undertaking for the commission as internet moderation police and a massive new layer of bureaucracy for tech companies, which would be required to respond to every complaint.

In essence, the law would quite literally make a federal case out of every aggrieved YouTuber who gets demonetized, business that thinks its search results aren't high enough, troll who feels he deserves a right to say whatever he wants online, etc. If tech companies don't issue a reparation to the complainant, the FTC would be forced to open an investigation within five months.

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The PRO-SPEECH Act Is Anything but First Amendment-Friendly - Reason

Florida resident loses First Amendment appeal in suit over rejection of his mansion plans – ABA Journal

First Amendment

By Debra Cassens Weiss

June 9, 2021, 1:20 pm CDT

For the last 18 years, Florida resident Donald Burns has been living in his 10,000-square-foot mansionwhich he describes as a traditional homeon the Atlantic Ocean in Palm Beach, Florida. Photo from the 11th U.S. Circuit Court of Appeals at Atlantas June 8 decision.

A federal appeals court has rejected constitutional claims by a Florida resident who sued when a town rejected his plans for a new beachfront mansion that would be dissimilar to nearby homes.

The 11th U.S. Circuit Court of Appeals at Atlanta ruled against Donald Burns of Palm Beach, Florida, in a 2-1 decision Tuesday.

The court said the town did not violate Burns free speech rights under the First Amendment and did not violate his rights to due process and equal protection under the 14th Amendment.

Past news coverage from the Palm Beach Post described Burns as a telecommunications mogul. He sold his existing mansion for $28 million last year while the appeal was pending, according to the Real Deal.

Burns had sought to tear down his traditional beachfront mansion and to replace it with a mansion nearly twice the size in midcentury modern style. Burns said the new mansion would reflect his evolved philosophy of simplicity in lifestyle and living with an emphasis on fewer possessions.

The town of Palm Beachs architectural review commission had rejected Burns plans under a mandate to achieve comprehensive cohesiveness in development. Applying its criteria, the commission said the proposed mansion was not in harmony with proposed developments in the general area and was too dissimilar to nearby homes.

Judge Robert Luck, an appointee of former President Donald Trump, wrote the majority opinion, joined by Judge Edward Carnes, an appointee of former President George H.W. Bush. Judge Stanley Marcus, an appointee of former President Bill Clinton, dissented.

In my view, Marcus wrote in dissent, the First Amendmentthe most powerful commitment to think, speak and express in the history of the worlddoes not permit the government to impose its majoritarian aesthetic whims on Burns without a substantial reason.

The majority concluded that there was no First Amendment violation because there was no great likelihood that some sort of message would be understood by those who viewed Burns new beachfront mansion.

The majority also found no violation of Burns 14th Amendment rights because the commissions criteria were not unconstitutionally vague and were not applied differently to Burns.

The majority criticized Marcus dissent for discussing architectural styles and articles that werent part of the case record.

The majority said it was concluding that Burns new mansion was not expressive conduct protected by the First Amendment while saving for another day the harder issue of whether residential architecture can ever be expressive conduct.

We have not decided, as the dissenting opinion says, that Philip Johnsons Glass House isnt expressive conduct, but tattooing is; we have not decided that Jeffersons Monticello isnt protected under the First Amendment, but nude dancing is; and we have not decided that the Empire State Building doesnt meet the Johnson test [for protective expression], but elevator music does.

In U.S. Supreme Court cases protecting expressive conduct, the conduct could be viewed, the appeals majority said.

The conduct was not like the proverbial tree, which was out of view because it was deep in the forest, the majority wrote.

In Burns case, however, the message that Burns sought to convey through his proposed mansions simple lines and minimal decorative elements would be shielded from view by a limestone wall, a louvered gate and heavy landscaping.

A viewer cannot infer a message from something the viewer cannot view, the appeals court said. From Day One, Burns wanted to conceal from his neighbors what he now says is his message.

Even if viewers could see Burns new mansion through the landscaping, there is still no great likelihood that they would understand that the home conveyed some sort of message, the appellate majority said.

A reasonable observer would view Burns new mansion as a really big house but not as an expression of some sort of message, the court said.

The decision, Burns v. Town of Palm Beach, upheld a grant of summary judgment to Palm Beach, Florida.

Florida Politics had coverage of the opinion.

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Florida resident loses First Amendment appeal in suit over rejection of his mansion plans - ABA Journal

First Amendment arguments rejected in mansion fight – Florida Politics

A lot of people want to make statements with their homes.

But a sharply divided federal appeals court Tuesday rejected arguments that a property owners First Amendment rights were violated when plans for a mansion were rejected in tony Palm Beach.

The 2-1 decision by a panel of the 11th U.S. Circuit Court of Appeals stemmed from a 2013 decision by longtime Palm Beach resident Donald Burns to tear down a 10,063 square-foot oceanfront home and replace it with a larger mansion with a mid-century modern design, according to the ruling.

According to Burns, the mid-century modern design communicated that the new home was clean, fresh, independent, and modern a reflection of his evolved philosophy of simplicity in lifestyle and living with an emphasis on fewer personal possessions, the rulingsaid. It also communicated Burns message that he was unique and different from his neighbors.

But Palm Beachs architectural review commission rejected the plan in 2016, spurring Burns to take the dispute to federal court. He argued, in part, that the rejection violated his First Amendment rights.

A federal district judge sided with the town, prompting Burns to go to the Atlanta-based appeals court. And in a 70-page majority opinion and a 66-page dissent, appellate judges Tuesday sparred about Burns claims and First Amendment issues ranging from tattoos to Jeffersons Monticello home.

Judge Robert Luck, in a majority opinion shared by Judge Ed Carnes, wrote that the proposed mansion was not expressive conduct protected by the First Amendment and pointed to issues such as a wall and landscaping that would have blocked the home from public view.

One day, we may even find some residential architecture to be expressive conduct, Luck wrote. But Burns proposed new mansion is not Monticello or Versailles, no matter how much the dissenting opinion wants to compare it to those historic homes. Its just a really big beachfront house that cant be seen, located on a quiet residential street in Palm Beach, Florida.

But dissenting Judge Stanley Marcus referred to numerous famous architectural sites and drew contrasts with court precedents about protecting the First Amendment.

As I see it, the majoritys resolution of this case cannot easily be squared with well-settled law recognizing the First Amendments protection of artistic expression in all of its forms, Marcus wrote. An analysis of this kind would yield the odd conclusion that a tourists drunkenly obtained tattoo is art protected by the First Amendment, while Philip Johnsons Glass House is not; coin-operated devices by virtue of which a customer could sit in a booth, insert a coin and . . . watch a live dancer, usually nude, are protected, Monticello is not; anodyne elevator music is protected, the Empire State Building is not. These distinctions seem to me to be indefensible.

That statement drew a retort from Luck.

To dispel any lingering confusion, we emphasize again that we are not deciding whether residential architecture can ever be expressive conduct protected by the First Amendment, Luck wrote. We have not decided, as the dissenting opinion says, that Philip Johnsons Glass House isnt expressive conduct but tattooing is; we have not decided that Jeffersons Monticello isnt protected under the First Amendment but nude dancing is; and we have not decided that the Empire State Building doesnt meet (a test in a U.S. Supreme Court case known as Texas v. Johnson) but elevator music does. Not at all.

Marcus also asserted that the architectural review commission hated the proposed design of the mansion.

The question in this case is whether a government commission created by the Town of Palm Beach with the Orwellian moniker ARCOM may prevent Burns from expressing his philosophy and taste through the architecture of his home and create a work of art on land he owns solely because a majority of the members of the commission do not like the way it looks, Marcus wrote.

That also drew a retort from Luck in a footnote.

The dissenting opinion uses the name ARCOM for the architectural review commission and then calls the name it uses Orwellian, the footnote said. If by Orwellian the dissenting opinion means any government agency that administers regulations impacting our lives, then the architectural review commission is as Orwellian as the state board of therapeutic massage, the local dog catcher and every one of the alphabet soup of departments and agencies and bureaus in Washington, D.C.

The Palm Beach Daily News, citing a deed,reported in Octoberthat Burns, a telecommunications entrepreneur, sold his home for $28 million. That came six months after the appeals court heard arguments in the case, and Tuesdays ruling did not address a sale of the property.

___

Republished with permission from News Service of Florida.

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University employees have right to speak to student journalists, First Amendment expert says | Texas A&M University-San Antonio | TAMUSA – The…

An attorney who specializes in First Amendment litigation said mediation by a universitys public relations team can cause staff and student media censorship, but it may be necessary for the department to sit in during interviews depending on the sensitivity of the topic.

Greg Greubel is a staff attorney at the Philadelphia-based Foundation for Individual Rights and Education, a nonpartisan organization working to protect the rights of faculty and students across the U.S.

Greubel said requiring staffers to forward interview request from student media to Marcom can be discouraging to student journalists, and it also hampers the rights of university employees.

It is a violation of the employees First Amendment rights to have this buffer between speaking to journalists and the university, said Greubel, who spoke about student journalists rights at the virtual convention of the Society of Professional Journalists March 26 .

Greubel said employees are not legally obligated to speak to student journalists, but its necessary they do.

Employees have the right to speak out on matters of public concern, Greubel said. They have the right to talk about it, and its actually very important that they do talk about it.

Greubel said he believes employees should not go through Marcom before being interviewed by student media. He said its censorship on the employees end. As a result of that, its secondary censorship on student journalists, he said.

Because they cant speak to you, that means you cant do your work, Greubel said. Its a secondary effect but does it cause censorship? I think so.

Greubel also said having Marcom intervene is a common practice across the country, though it may be an obstacle for student journalists.

If you direct all the communications through some university department, then theyre not going to be able to speak, maybe at all. If they do, its going to be a tarnished version, Greubel said.

Going through department heads strains credibility from employees, he said.

Greubel said having to notify Marcom of an interview request puts the employee on notice that theyre being monitored, in some sense.

If what these communications departments are trying to do is actually facilitate truth-telling through employees views, thats one thing, Greubel said. But if what theyre trying to do is to act as a sort of buffer and require university employees to speak through the same voice, then its a problem.

Veronica Valdes, The Mesquites spring editor-in-chief, said she once experienced Marcom sitting-in during an interview with Mari Fuentes-Martin, vice president of student success and engagement, last fall. Valdes was working on a story about events being rescheduled because of a COVID-19 spike on campus.

Valdes said she was surprised Jeanette De Diemar, vice president for advancement and external relations, attended the interview since she had called De Diemar for guidance on who to contact. De Diemar had said Fuentes-Martin would be the best source.

Valdes was told Fuentes-Martin was a university spokesperson, she said those people shouldnt need to go through Marcom since theyre already a university spokesperson.

De Diemar said choosing if a member of Marcom should sit in depends on the complexity of the story and how helpful marcom can be.

There are occasions where theres an overlap because Im an official university spokesperson, its part of my role, De Diemar said. There are people who by the nature of their role they would have participated in an interview.

De Diemar said this is not a common practice. Determining if a member of the department should sit in depends on the complexity of the story.

Greubel acknowledged it may be appropriate for Marcom to monitor an interview, depending on the topic.

It is naive to say they should never sit in, Greubel said.

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University employees have right to speak to student journalists, First Amendment expert says | Texas A&M University-San Antonio | TAMUSA - The...