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SpaceX Launches Next-Gen Starlink Satellites Into Low Earth Orbit

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SpaceX Launches Next-Gen Starlink Satellites Into Low Earth Orbit

There has been some concern with more than a million “active subscribers” on the Starlink network that median download speeds are slowing. To solve this, Starlink has launched the first batch of next-generation satellites into orbit early Wednesday to add even more broadband capacity to the network. 

Around 0434 ET, a Falcon 9 rocket with 54 upgraded Starlink internet satellites was launched from Cape Canaveral Space Force Station in Florida. The payload was successfully delivered to low Earth orbit. 

“Under our new license, we are now able to deploy satellites to new orbits that will add even more capacity to the network.

“Ultimately, this enables us to add more customers and provide faster service, particularly in areas that are currently oversubscribed,” Jesse Anderson, a SpaceX production and engineering manager, said during live launch commentary. 

SpaceX’s Gen2 of Starlink will help expand bandwidth capacity for the already 3,330 first-generation satellites working to provide high-speed, low-latency internet to customers worldwide. This comes as the network faces congestion issues with many new customers. 

On Dec. 1, the Federal Communications Commission approved SpaceX to launch 7,500 upgraded satellites into low Earth orbit. This was only a partial approval of what SpaceX initially wanted of 30,000 of these satellites orbiting the planet. 

“Starlink Gen2 satellites will be capable of beaming service directly to smartphones, Elon Musk has said. SpaceX plans to launch most of these satellites using its huge Starship rocket, which is still in development,” Space.com wrote. 

Tyler Durden
Wed, 12/28/2022 – 15:40

MicroStrategy Adds 2,500 Bitcoin To Holdings Despite Tax-Loss Harvesting

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MicroStrategy Adds 2,500 Bitcoin To Holdings Despite Tax-Loss Harvesting

Authored by NAMCIOS via BitcoinMagazine.com,

The tech company led by Michael Saylor has increased its bitcoin holdings by 2,500 BTC despite selling bitcoin for the first time to generate a tax benefit.

  • Michael Saylor’s MicroStrategy bought 2,395 BTC for $42.8 million in cash between Nov. 1 and Dec. 21, 2022.

  • It then sold 704 BTC at a loss on Dec. 22 to offset previous capital gains.

  • MicroStrategy then bought 810 BTC on Dec. 24.

Software analytics company MicroStrategy has sold bitcoin for the first time since it first began adding the digital currency to its treasury in 2020.

The sale took place on December 22, 2022, according to a filing with the U.S. Securities and Exchange Commission (SEC).

The move was carried out in order to generate a net tax benefit, as the losses involved in the sale are able to offset previous capital gains, per the filing.

Two days later, MicroStrategy bought back more bitcoin than it sold, however at a higher price – $16,845 per BTC on the 810 bitcoin purchase vs. $16,776 on the 704 bitcoin sale.

A larger purchase preceded the sale.

MicroStrategy bought 2,395 bitcoin between November 1 and December 21, 2022, before embarking on the tax-loss harvesting strategy.

The purchase cost about $42.8 million, translating to an average price of $17,871 per bitcoin, inclusive of fees and expenses.

Ultimately, the transactions resulted in an increase of MicroStrategy’s bitcoin holdings by 2,500 BTC.

The company led by Michael Saylor now holds 132,500 BTC, acquired for about $4.03 billion at an average price of $30,397 per bitcoin. As a result, the Virginia-based firm currently faces an unrealized loss of over $1.8 billion.

Tyler Durden
Wed, 12/28/2022 – 15:24

US To Require Negative COVID Tests After “Extremely Irresponsible” China Reopens Borders

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US To Require Negative COVID Tests After “Extremely Irresponsible” China Reopens Borders

Update (1500ET): US federal officials have stated that the US will require travelers from China to submit a negative COVID-19 test beginning on January 5th.

Why not now?

Is the Biden administration xenophopbic for singling out the Chinese travelers?

As we detailed earlier, Bloomberg reports that Italian health authorities will begin testing all arrivals from China for Covid after almost half of the passengers on two flights to Milan were found to have the virus.

Additionally, in Germany, health authorities are “closely watching” the situation in China, according to Health Ministry spokesman Sebastian Guelde.

China’s National Health Commission announced on Dec. 26 that the country would end all quarantine requirements for inbound travelers from Jan. 8, 2023.

Travelers will need to obtain a negative PCR test within 48 hours of departure, it said. Currently, travelers entering China need to undergo five days of mandatory quarantine in an approved facility, followed by three days at home.

The health body added that outbound tourism, which plummeted to almost nothing during the pandemic, will resume in an “orderly” fashion.

It also removed the cap on the number of international flights to and from China.

Crucially for the rest of the world, as The Epoch Times reports, data from travel sites show that Chinese residents are rushing to book overseas trips.

Chinese travel platform Tongcheng Travel released data on Dec. 27, showing that the number of searches for visas to go abroad increased by 10 times, and the search volume of international air tickets soared by 850 percent.

Japan, Thailand, South Korea, the United States, Singapore, Malaysia, Australia, and the UK were among the most searched destinations.

Sean Lin, a virologist and former lab director at the viral disease branch of the Walter Reed Army Institute of Research, said that the Chinese Communist Party’s (CCP) opening up of the country is actually a strategy to get everyone infected not only within China, but around the world.

When they can’t control the outbreak, they push it to the whole world. Just like when COVID first broke out in Wuhan, people who had been infected in Wuhan were allowed to travel around the world. The strategy is the same now as before,” he said.

Lin pointed to the regime’s lack of transparency amid the latest outbreak, a consistent behavior over the past three years during the pandemic.

“The CCP is not sharing data, and the international community doesn’t know how many different virus variants are spreading in China, and whether there are other compound infections,” he said.

“Under such circumstances, it is extremely irresponsible for the CCP to let the people out of the country which is a huge epidemic area. Put another way, it has a very treacherous purpose and is very malicious.”

Bloomberg notes that Italy is now sequencing those tests to see if there are new variants coming from China, the Health Ministry said in a statement. If a new strain is found, officials may impose stricter curbs on travel from China.

“We have no indication that a more dangerous mutation has developed in China that would give rise to a declaration of a virus variant area, which would result in corresponding travel restrictions,” he added.

Finally, the critical question for the world’s liberal globalists – will it be xenophobic again to block Chinese visitors?

Tyler Durden
Wed, 12/28/2022 – 15:05

In 2023 The Lazy Analyst Won’t Keep Up With Geopolitics

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In 2023 The Lazy Analyst Won’t Keep Up With Geopolitics

Authored by Tom Luongo via Gold, Goats, ‘n Guns blog,

Before I took on my current persona as either a “Putin Stooge,” a “shill for the Fed,” or a naïve apologist for neoliberalism, I used to be a chemist specializing in process efficiency and root cause analysis.

While I learned many things during those twenty-plus years, the most startling conclusion I came to was that laziness has a real place in process improvement.

If you really want some industrial or bureaucratic process streamlined, give that job to the guy who most hates having his time wasted. He will invariably find a way to make that ‘work’ into something he only has to do sparingly.

It led to one of my first rules of organization, if you want something done right give it to the “lazy” guy.

That “lazy” guy isn’t really lazy.

What he is, is unmotivated, because all he sees is waste and waste offends his narcissism. Nothing is worse than wasting his time doing unnecessary tasks. So, give him some tedious thing to improve and he will find not only the fastest way to do it, but also very likely the best way because while he doesn’t want his time wasted, he also doesn’t want to be yelled at by someone he sees as inferior.

Only then will you get an honest day of work out of someone like him.

It’s not like I wouldn’t know this from personal experience or anything.

When I was a chemist, I was obsessed with doing everything I could to optimize internal processes, be it shaving a few seconds here or there off a temperature program to analyze heavy metals by atomic spectroscopy or optimizing the deposition rate of a plating bath.

For me, the goal was always the same, work hard now to generate free time later to devote myself to something more valuable.

I benefited from having a less stressful work environment, the company benefits from lower COGS and the goodwill you generate leaves you far less vulnerable to middle-management scrutiny.

It was this ‘laziness’ that afforded me hundreds of hours over the years to pursue my hobbies while at work. Those were, in short, board gaming, monetary theory and politics.

One could say y’all are now the ‘beneficiaries’ of all that ‘laziness.’ (sic)

While podcasts are all the rage now, and with good reason, during my last ‘corporate’ job (which is really stretching that definition) I consumed every internet radio show I could on gold, the 2008 financial crisis, and the Buffalo Sabres.

But simultaneously I also produced reams of data in service of putting strict process controls on a novel nickel-boron coating whose lack of such had the company hemorrhaging capital.

Respect the Order

What you learn in all of this is that “order of operations” matters.

Coders understand this explicitly. So do engineers. It’s especially true in chemistry, where for one reaction to take place another reaction has to happen before it. Do it in the wrong order and you get a mess at best, or blow up the building or poison yourself at worst.

Switching metaphors, in your typical “euro-style” board game, the order in which you take the actions necessary to fulfill your strategy matters greatly. In these games, where luck is minimized or removed completely, players fight for access to a limited number of places to ‘do a thing,’ be it play a card, place a worker, build a city or whatever.

The goal is to collect more of what you need to win while subtly denying your opponent what he needs.

Sometimes you have to make a sub-optimal move for yourself in order to block someone else getting to that thing that would benefit them more. It’s incredibly passive-aggressive, but it’s also instructive, because it is so unabashedly human.

Math has it’s order of operations as well, PEMDAS for short — Parentheses, Exponents, Multiplication/Division, Addition/Subtraction. We’ve all seen the quizzes on social media testing our knowledge of this.

It is this attention to the order of operations that is important in trying to make sense of what’s going on in the world today.

One of my most common complaints with my ‘libertarian brethren’ is that they are always jumping to ‘end-game’ while not thinking through the moves that get us there.

In monetary theory we can do the math and realize the system is doomed.

By taking that variable and adding it into the political mix we can solve the geopolitical equation and then make grand pronouncements about the where everything winds up.

While this is an important first step in waking people up, it’s also absolutely why, as a political force, ‘libertarians’ are spent. Ron Paul broke through into the popular zeitgeist in 2008 and 2012 with “End the Fed” and his critiques of foreign policy.

The problem was, however, the movement never grew up. It never engaged with the world that was versus still selling the world we’ll never get.

And rightly, people wandered away looking for those with real answers to today’s problems.

I’ve been there and made many a decision based on the equation I solved only to be frustrated like many others by the future not working out like the model I’d constructed.

The typical cope then is to scream, “Corruption!” and bitch about them rigging the gold price or trashing Bitcoin or whatever. And don’t get me wrong, I’m with y’all on that. They are rigging the markets, intervening at every turn, if not turning them into completely fake markets.

But that should have been expected. Because in the proper ‘order of operations’ those with power and money will always react to defend themselves against the growing realization that they are fucking us over.

Remember, they’re trying to ‘win’ this game as well.

And so, if they can get to that richer spot on the board before you do, they will. Don’t bitch about the game board being tilted against you, accept that it is part of that mini-game and widen your perspective on the larger game afoot.

And that’s the real problem. We have too many ‘lazy’ analysts who got red-pilled, saw the game for what it was and stopped at “anger” rather than doing the hard work of reaching ‘acceptance.’

This is where we are today and why, for many, the world is so hard to make sense of.

The Larger Bowl

When you realize that everyone’s incentives map to their own particular definitions of winning that’s when real headway can be made in understanding.

Because here’s the thing. Our insights into the world aren’t novel or unique. In fact, more often than not they are just our finally understanding the reality that’s always been in front of us. We’re latecomers to a geopolitical party that’s been going on for decades.

I know I feel like that on more days than I care to admit.

They’ve finally told us what their end game looks like. It speaks to a confidence of their making that real. If we ignore the order of operations of how we get to our preferred outcome — a decentralized world with private property and sound money that should maximize human dignity — the irony is we’ll have a lower probability of it occurring on any time line that matters to us or even our children.

This is why I’m willing to see The Fed and the NY Boys as our temporary allies in that fight for human dignity. They have their definitions of winning the game they’re playing and should act accordingly.

So, while we should all long for the day that these assholes are dead and buried by the natural forces of decentralization and entropy, there are a thousand interstitial steps that have to happen first.

And it won’t matter if bitcoin eventually wins if the world goes through a sixty year Dark Age in the meantime. That’s not leadership, that’s cowardice.

So, yes. Davos has their definitions of winning. The Russians have theirs. China theirs.

And we need to have ours.

It is this curious admixture of incentives, this coincidence of wants, that is the interesting part. It’s where the game actually lives.

And while we don’t have a crystal ball as to how well everyone in the game will respond to these pressures and counter-pressures, with an accurate map of their incentives we can, at least make some observations.

The problem for many is they checked out long before they’d even identified the players at the table, so the game seems incomprehensible and the players wiser and more powerful than they actually are.

That’s why I think this year is going to be one of the most interesting to analyze in real time and why we all have to up our game.

Laziness only gets you so far, it may get you to the root cause of the situation, but that’s when the real work begins.

*  *  *

Join my Patreon if you like doin’ work.

Tyler Durden
Wed, 12/28/2022 – 14:45

Sam Bankman-Fried’s ‘Nervous’ Parents Hire Armed Guards Amid Death Threats

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Sam Bankman-Fried’s ‘Nervous’ Parents Hire Armed Guards Amid Death Threats

Sam Bankman-Fried, the former CEO of FTX, was granted bail last week on the conditions of a $250 million bond that he would be on house arrest at his parent’s house in Palo Alto, California. His parents secured his bail with the equity in their house. Word has quickly spread of SBF’s location, prompting the family to fortify the home. 

NYPost reported the family had contracted a private security firm in the Bay Area to patrol the grounds for $10,000 per week to protect SBF from mounting death threats. 

One source told the Post, “They’re [family] nervous … there have been numerous death threats. They’re not taking any chances.”

Source: Daily Mail

Days ago, NYPost reported Bankman-Fried’s parents hired workers to construct a network of security cameras around the home on the edge of Stanford University’s campus. 

Source: Daily Mail

“Stanford officials have also taken steps to secure the area around the Bankman-Fried homestead, barricading both ends of their short block and stationing privately contracted security guards at the gates,” NYPost added. 

Source: Daily Mail

The fear is SBF has become a sitting duck at his parent’s home on Cooksey Lane. The NYPost published the location of the street in a picture of a private security guard in front of the house. 

There have been numerous incidents at Cooksey Lane. Visitors have stopped by, and at least one person who “lost everything” in the FTX collapse gazed upon SBF’s current lodgings. 

And here’s something that makes you go, hmm…

Tyler Durden
Wed, 12/28/2022 – 14:27

Texas Refineries Could Take Two Weeks To Fully Restore Operations After Storm

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Texas Refineries Could Take Two Weeks To Fully Restore Operations After Storm

Authored by Tsvetana Paraskova via OilPrice.com,

Most refineries on the U.S. Gulf Coast have begun procedures to restart operations that were disrupted by the massive winter storm late last week, but a full return to normal output of motor fuels could take up to two weeks for some facilities.   

The freezing temperatures affected refinery equipment and caused issues at the steam and co-generation units at some refineries, sources with knowledge of the situation told Reuters on Wednesday.

Pemex’s Deer Park refinery and Motiva Enterprises’ Port Arthur, the biggest refinery in the United States, could see their restart stretched out to the first or second week of January, sources familiar with the refineries’ operations and schedules told Reuters.

Winter Storm Elliott led to hard-freeze warnings issued for all the states along the U.S. Gulf Coast, where most of the U.S. refining capacity is located.   

As of Friday, December 23, as much as 1.5 million bpd of the Gulf Coast’s refining capacity was shut down due to the freezing temperatures, per Reuters estimates.

Refineries run by Motiva Enterprises, Marathon Petroleum, and TotalEnergies outside Houston were shut late last week. Operations at other refineries in Texas, run by ExxonMobil, Valero Energy, and LyondellBasell, were also disrupted by the severe winter storm.  

In total, the extreme winter weather affected some of the output at refineries along the Gulf Coast that process a combined 3.58 million barrels per day (bpd) and deliver around 20% of U.S. motor fuels.

Last week, the national average gasoline price dropped for a seventh consecutive week, but it’s not certain this week will bring another decline in gasoline prices, due to the rally in oil prices and the refinery outages due to the storm, according to fuel savings app GasBuddy.

“We’re still waiting for the national average to fall below $3 per gallon, something that is suddenly a bit less likely given the extreme cold weather, interrupting refining operations in the south, curbing gasoline production and potentially driving prices up slightly,” Patrick De Haan, head of petroleum analysis at GasBuddy, said on Tuesday. 

Tyler Durden
Wed, 12/28/2022 – 11:25

Traders Are Dumping Everything…

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Traders Are Dumping Everything…

An initial excited bid in US equities this morning ignited hopes that the Santa Claus rally could indeed make an appearance… but that’s all been decimated now as Nasdaq and Small Caps lead the puke lower…

Source: Bloomberg

The S&P is back below the critical JPM Collar 3835 level…

The market’s Fed rate expectations have risen hawkishly this week…

Source: Bloomberg

…and that has dragged bond yields higher (along with inflation and growth anxiety from China’s re-opening), with the 30Y getting close to 4.00% once again…

Source: Bloomberg

Meanwhile, China’s Yuan is being dumped too, back above 7/USD…

Source: Bloomberg

And gold is sliding back towards $1800…

As the USD spikes higher, and oil prices are tumbling amid very thing liquidity…

So it seems China re-opening is now ‘bad’ news, like Zero-COVID was ‘bad’ news?

Tyler Durden
Wed, 12/28/2022 – 11:11

Kari Lake Appeals Judge’s Ruling On Arizona Election Lawsuit

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Kari Lake Appeals Judge’s Ruling On Arizona Election Lawsuit

Authored by Caden Pearson via The Epoch Times,

Arizona Republican gubernatorial candidate Kari Lake has filed an appeal against a Maricopa County judge’s ruling to dismiss her lawsuit challenging the midterm election results.

Lake filed a notice of appeal with the same Arizona Superior Court judge on Tuesday to challenge the dismissal of her case. Lake will also seek a direct review by the Arizona Supreme Court, according to a court filing.

Arizona Superior Court Judge Peter Thompson first ruled against Lake’s election case on Dec. 24, confirming the election of Katie Hobbs as Arizona governor-elect. He ordered Hobbs’s side to file a statement of costs and motion for sanctions before Dec. 26.

On Dec. 27, Thompson found that there wasn’t enough evidence of misconduct by Maricopa County to overturn election results in the county. His ruling came days after Lake filed her lawsuit and after Thompson allowed two of 10 election claims to go to a short two-day trial.

According to election data, Lake lost to Hobbs by about 17,000 votes. Lake filed a lawsuit against Hobbs in her capacity as the current secretary of state, Maricopa County election officials, and other officials several weeks after the midterms.

I am standing up for the people of this state, the people who were done wrong on Election Day, and the millions of people who live outside of Maricopa County, whose vote was watered down by this bogus election in Maricopa County,” Lake told Steve Bannon’s “War Room” podcast.

An election worker gathers tabulated ballots to be boxed inside the Maricopa County Recorders Office in Phoenix. Ariz., on Nov. 10, 2022. (Matt York/AP Photo)

Judge Denies Request to Sanction Lake

On Dec. 27, Thompson denied a request from Hobbs and Maricopa County to sanction Lake and her legal team over her lawsuit challenging the results of the 2022 general election.

The judge ruled that while Lake didn’t meet the burden of providing evidence of her election-related claims, her lawsuit didn’t meet the standard for imposing sanctions. However, he ruled that Lake must reimburse Hobbs $33,040 for some expenses because she didn’t win her case.

Maricopa County officials filed the motion against Lake and her legal team on Dec. 26. Hobbs joined the motion in her capacity as secretary of state.

“Enough really is enough. It is past time to end unfounded attacks on elections and unwarranted accusations against elections officials,” Maricopa County Deputy Attorney Thomas P. Liddy wrote on Dec. 26 in a 15-page memo asking Thompson for the sanctions and attorneys fees.

“This matter was brought without any legitimate justification, let alone a substantial one.”

Courts “should not be used to harass political opponents and sow completely unfounded doubts about the integrity of elections,” the memo also stated.

 

Voters drop their ballot in a dropbox in the U.S. midterm election at the Maricopa County Tabulation and Election Center in Phoenix, Ariz., on Nov. 8, 2022. (Olivier Touron/AFP via Getty Images)

Lawsuit

After Hobbs was declared the winner, Lake filed two lawsuits. One sought information and records from Maricopa County, and the other aimed to declare overturn the results or redo the election in Maricopa.

Among other claims, Lake cited a news conference held by top Maricopa County officials in which they confirmed printer problems across polling locations on Election Day that her team said disenfranchised voters.

Thompson allowed two out of ten of Lake’s claims to go to trial, including a claim about intentional interference with ballot printers and chain-of-custody problems.

A witness at the trial who inspected ballots on behalf of Lake’s attorneys said that 14 of 15 duplicate ballots he inspected had 19-inch images of the ballot printed on 20-inch paper, meaning the ballots wouldn’t be read by a tabulator. The witness testified that such a change would’ve required a change to printer configurations, although election officials disputed those assertions.

The judge credited Lake’s key witnesses, Mark Sonnenklar and Heather Honey, but rejected the claims that intentional misconduct happened during the midterm election.

Read more here…

Tyler Durden
Wed, 12/28/2022 – 10:55

Serbia Puts Troops On ‘Full Combat Readiness’ As Main Kosovo Border Crossing Shut

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Serbia Puts Troops On ‘Full Combat Readiness’ As Main Kosovo Border Crossing Shut

Serbian officials announced this week that the national army has been put on the highest possible level of alert as border tensions with breakaway Kosovo have soared to boiling point, and after roadblocks were set up by the Serbian minority living within Kosovo, which they don’t recognize as a legitimate state.

Following weeks of at times tit-for-tat clashes between Serbian protesters and Kosovo police, Serbia said Monday its forces have been put on a “full state of combat readiness” – after President Aleksandar Vučić ordered that “all measures be taken to protect the Serbian people in Kosovo.”

Serbian Presidential Press Service/AP: Defense Minister Milos Vucevic (center) with Serbian army chief of staff Milan Mojsilovic (center left) in southern Serbia near the Kosovo border on December 26, 2022.

“Serbia’s president … ordered the Serbian army to be on the highest level of combat readiness, that is to the level of the use of armed force,” Serbia’s Defense Minister Milos Vucevic announced of the raised alert level.

The president also ordered a special Serbian security response unit to be beefed up, which is to result in thousands of elite troops being positioned near the restive border.

In response, on Wednesday Kosovo authorities closed its biggest border crossing. Serb protesters were already blocking it, including with large trucks, leaving only three entry points between the two sides open. Some entry points have been blocked since early December. 

As a result, thousands of Kosovars who work elsewhere in Europe have been unable to travel home, and are stuck at the border. On the other side, inside northern Kosovo, are some 50,000 ethnic Serbs who say they are persecuted by Pristina authorities, including an attempt to force Kosovo vehicle plates and state documentation on them

Ethnically divided town of Mitrovica, in northern Kosovo, via Reuters.

Serbs on the Serbian side have reportedly been assisting protesters on the Kosovo side of the border in establishing roadblocks, effectively preventing Kosovo border police from establishing control.

The catalyst for this latest flare-up in border tensions started early this month, with the arrest of a popular former Serb policeman Dejan Pantic by Kosovo. Kosovo has accused the Serbian ex-police officer who is now in detention is “of committing terrorist acts and attacking the constitutional order”; however, this enraged the ethnic Serb population there.

Meanwhile, as with many geopolitical flashpoints in eastern Europe and the Balkans, there are allegations of Russian attempts at a destabilization campaign, given its historic support for Belgrade:

Kosovo’s interior minister has accused Serbia, under the influence of Russia, of attempting to destabilize his country via the protests.

Serbia denies it is trying to destabilize its neighbor and says it only wants to protect the Serbian minority living in what is now Kosovan territory but is not recognized by Belgrade.

During a Serbian national security council held two weeks ago under President Vucic, he said he would mull a request for national forces to be sent to Kosovo to protect the Serb minority. While unlikely, such a confrontation would inevitably spark war.

Tyler Durden
Wed, 12/28/2022 – 10:35

Supreme Court To Take Up Trump-Backed Florida Social Media Censorship Appeal Next Week

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Supreme Court To Take Up Trump-Backed Florida Social Media Censorship Appeal Next Week

Authored by Matthew Vadum via The Epoch Times (emphasis ours),

The Supreme Court is scheduled next week to look at a case from Florida in which the state, 16 other states, and former President Donald Trump are urging the court to consider whether states have the power to regulate how social media companies moderate content on their platforms.

Then-President Donald Trump introduces Florida Gov. Ron DeSantis during a campaign rally at the BB&T Center in Sunrise, Fla., on Nov. 26, 2019. (Joe Raedle/Getty Images)

The case is in the public eye because it pits the right of individual Americans to freely express themselves online against the right of social media platforms to make editorial decisions about the content they host. Lawyers say both rights are protected by the First Amendment to the U.S. Constitution, so the Supreme Court needs to weigh in to resolve the conflict.

Republicans and conservatives have complained for years about being censored by the platforms. They were outraged when platforms acted in concert to ban Trump in January 2021, blocked a New York Post article about Hunter Biden’s laptop computer, and silenced dissenting opinions about the origins of the CCP (Chinese Communist Party) virus and on treatments for the disease it causes.

Democrats and liberals, by contrast, claim the platforms don’t do enough to suppress so-called hate speech and alleged misinformation. They have also been angered by new Twitter owner Elon Musk’s recent efforts to reform that platform’s censorship policies, which has led to the reinstatement of many banned conservatives’ accounts, including the page of Trump himself who has so far chosen not to return to posting at Twitter.

Many states are now looking at legislation that would regulate social media platforms to protect users’ free speech.

In the case at hand, Florida is appealing a ruling by the U.S. Court of Appeals for the 11th Circuit that blocked portions of Florida Senate Bill 7072, which requires policy transparency and protects user access to platforms.

Florida Gov. Ron DeSantis, a Republican, signed the law on May 24, 2021, stating that it makes sure “real Floridians across the Sunshine State—are guaranteed protection against the Silicon Valley elites.”

“Many in our state have experienced censorship and other tyrannical behavior firsthand in Cuba and Venezuela. If Big Tech censors enforce rules inconsistently, to discriminate in favor of the dominant Silicon Valley ideology, they will now be held accountable.”

Under the law, platforms are not allowed to ban political candidates and must make public and consistently apply their moderation rules. De-platforming candidates can lead to fines of up to $250,000 a day.

The Atlanta-based 11th Circuit struck down part of the statute, finding that “with minor exceptions, the government can’t tell a private person or entity what to say or how to say it.”

Even the “biggest” platforms are “private actors whose rights the First Amendment protects … [and] their so-called content-moderation decisions constitute protected exercises of editorial judgment.”

In September, the U.S. Court of Appeals for the 5th Circuit went in the other direction, finding that a Texas law known as HB 20 was constitutional, rejecting the “idea that corporations have a freewheeling First Amendment right to censor what people say.”

The Texas law imposes limitations on the ability of platforms to moderate speech and mandates that the companies provide disclosure to the public.

Trump filed a brief in October urging the court to grant oral argument in the Supreme Court case, Moody v. NetChoice LLC, court file 22-277, as The Epoch Times reported. NetChoice is a coalition of trade associations representing social media companies and e-commerce businesses.

“Recent experience has fostered a widespread and growing concern that behemoth social media platforms” are using their power to suppress political opposition, Trump’s brief states.

This concern is heightened because Platforms often shroud decisions to exclude certain users and viewpoints in secrecy, giving no meaningful explanation as to why certain users are excluded while others posting equivalent content are tolerated.”

Ohio, Arizona, Missouri, Texas, and 12 other states argue in a brief (pdf) that the internet is the modern-day public square and that social media platforms engaging in censorship “undermine the free exchange of ideas that free speech protections exist to facilitate.” Suppression of ideas threatens “the development of important insights and discoveries, many of which begin as fringe views.”

“[I]f social-media companies are absolutely entitled to censor unpopular views, what is the limiting principle?” the brief states. “The system cannot work if the public lacks access to the means by which citizens may engage with each other. Censorship by social-media companies thus poses a very real threat to effective self-governance.”

In a brief (pdf) urging the Supreme Court to leave the 11th Circuit ruling intact, NetChoice defended platforms’ content-moderation policies.

“[A]nonymity and pseudonymity enabled by the Internet, coupled with the virtually cost-free ability to broadcast all manner of content, has given rise to spam, trolling, and hecklers’ vetoes,” the brief states.

Read more here…

Tyler Durden
Wed, 12/28/2022 – 10:15