A bipartisan group of the most anti-internet Senators around have released their latest version of a plan to “sunset Section 230.” We went over this last year when they floated the same idea: they have no actual plan for how to make sure the open internet can continue. Instead, their “plan” is to put a gun to the head of the open internet and say they’re going to shoot it… unless Meta gives them a different alternative. Let’s bring back Eric Goldman’s meme:
There is no plan for how to protect speech on the internet. There’s just hostage-taking. And remarkably, the hostage-takers are saying the quiet part out loud. Here’s Senator Dick Durbin’s comment on releasing this bill:
“Children are being exploited and abused because Big Tech consistently prioritizes profits over people. Enough is enough.Sunsetting Section 230 will force Big Tech to come to the table take ownership over the harms it has wrought.And if Big Tech doesn’t, this bill will open the courtroom to victims of its platforms. Parents have been begging Congress to step in, and it’s time we do so. I’m proud to partner with Senator Graham on this effort, and we will push for it to become law,” said Durbin.
Read that bolded part again. Durbin is admitting—in a press release, for the record—that he wants Big Tech to write internet policy. He’s threatening to blow up the legal framework that allows everyday people to speak online unless Mark Zuckerberg comes to his office and tells him what laws to pass. This is Congress openly abdicating its responsibility to govern in favor of letting a handful of tech CEOs do it instead.
The problem? The people who benefit from Section 230 aren’t the big tech CEOs. They’re you. They’re me. They’re every small forum, every Discord server, every newsletter with comments, every community space online where people can actually talk to each other without first getting permission from a building full of lawyers.
They want “big tech” to come to the table, even though (as we’ve explained over and over and over again) the damage from repealing 230 is not to “big tech.” Hell, Meta has been calling for the removal of Section 230 for years.
Why? Because Meta (unlike Durbin) knows exactly what every 230 expert has been saying for years: its main benefit has fuck all to do with “big tech” and is very much about protecting you, me, and the everyday users of the internet, creating smaller spaces where they can speak, interact, build community and more.
Repealing Section 230 doesn’t hurt Meta at all. Because if you get rid of Section 230, Meta can afford the lawsuits. They have a building full of lawyers they’re already paying. They can pay them to take on the various lawsuits and win. Why will they win? Because the First Amendment is what actually protects most of the speech these dipshit Senators are mad about.
But winning on First Amendment grounds probably costs between $2 million and $5 million. Winning on 230 grounds happens at an earlier stage with much less work, and probably costs $100k. A small company can survive a few $100k lawsuits. But a few $5 million lawsuits puts them out of business.
We already know this. We can see it with the DMCA, which was always weaker than Section 230. A decade and a half ago, Veoh was poised to be a big competitor to YouTube. But it got sued. It won the lawsuit… but went out of business anyway, because the legal fees killed it before it won. And now YouTube dominates the space.
When you weaken intermediary protection laws, you help the big tech providers.
Separately, notice Durbin’s phrasing about children being exploited. Can some reporter please ask Dick Durbin to explain how removing Section 230 protects children? He won’t be able to answer, because it won’t help. Or maybe he’ll punt to Senator Graham, whose press release at least attempts an answer:
“Giant social media platforms are unregulated, immune from lawsuits and are making billions of dollars in advertising revenue off some of the most unsavory content and criminal activity imaginable.It is past time to allow those who have been harmed by these behemoths to have their day in court,”said Graham.
Day in court… for what? Most “unsavory content” is constitutionally protected speech. The rap sheet is mostly First-Amendment activity—Section-230 just spares hosting it; repeal means litigating over legal speech, one plaintiff at a time.
As for criminal activity, well, that’s a law enforcement issue, not related to Section 230. If you don’t think that criminal activity is being properly policed online, maybe that’s something you should focus on?
Section 230 gives companies the freedom to make changes to protect children. That was the entire point of it. Literally, Chris Cox and Ron Wyden wanted a structure that would create incentives for platforms to be able to protect their users (including children!) without having to face legal liability for any little mistake.
If you take away Section 230, you actually tie the hands of companies trying to protect children. Because, now, every single thing they do to try to make their site safer opens them up to legal liability. That means you no longer have trust & safety or child safety experts making decisions about what’s best: you have lawyers. Lawyers who just want to protect companies from liability.
So, what will they do? They’ll do the thing that won’t protect children (which is risky), the thing that avoids liability, which tends to be to putting your head in the sand. Avoiding knowledge gets you out of these lawsuits, because under existing distributor liability concepts, knowledge is key to holding a distributor liable.
The only benefits to killing Section 230 are (1) to the biggest tech companies who wipe out competitors, (2) to the trial lawyers who plan to get rich suing the biggest tech companies, and (3) to Donald Trump, who can use the new rules to put even more pressure on the internet to suppress speech he doesn’t like.
I know for a fact that Senator Wyden has tried to explain this to his colleagues in the Senate, and they just refuse to listen.
Reminding everyone for no particular reason that Section 230 is one of the last things standing between free speech online and Trump having control over everything you see and say on the internet
This is exactly why Techdirt needs your support. When the most powerful people in government are ignoring experts and pushing legislation based on lies, someone needs to keep explaining what’s actually happening. We’ve been doing that for over 25 years, and we’re going to keep doing it—but we need your help to make sure that continues.
Meanwhile, the actual users of the open internet—and the children Durbin claims to be protecting—come out worse off. Senator Durbin and his cosponsors (Senators Graham, Grassley, Whitehouse, Hawley, Klobuchar, Blackburn, Blumenthal, Moody, and Welch) know all this. They’ve been told all of this. Sometimes by Senator Wyden himself. But all of them (with the possible exception of Welch who I don’t know as much about) have a long and well-known history of simply hating the fact that the open internet exists.
The bill isn’t child protection, and it sure isn’t tech regulation. It’s a suicide pact drafted by people who’ve always despised an internet they don’t control. Zuckerberg gets handed the pen; we get handed the bill—and the bullet.
Rose Natabo needs to leave one of her starving sons behind. At dawn, she squeezes her firstborn goodbye, then wraps her youngest, Santo, to her back, his legs akimbo at her waist. Taking the hand of her middle child, James, she hurries away toward help, her pink plastic sandals clapping over the dry dirt.
A couple hours later, the trio are in the back of an ambulance speeding by soccer fields, slums and footpaths. They turn through an iron gate and into the only hospital in Kakuma, a sprawling refugee camp in Kenya’s northern desert. After running from wars and natural disasters, this camp, the third-largest in the world, is their home. They have nowhere else to go. Rose joins a crowd of other mothers checking into the pediatric malnutrition ward.
It is July 8. Rose ran out of food less than three weeks ago after the World Food Program cut rations across the camp. At the hospital, she learns why: WFP lost its funding from the United States, the program’s biggest donor. What she doesn’t know is that aid workers and government officials from both the U.S. and Kenya spent the previous months begging and warning Trump administration leaders that families like hers depended on that food to survive. But for months, nothing changed. So Rose and thousands of other mothers watched their children starve.
Trump’s aides say the funding cuts were necessary to reform America’s broken foreign aid system, and they’ve begun making new investments into Kenya. “What you’ve seen right now,” one senior official at the State Department explains, “is there’s always some period of disruption when you’re doing something that’s never been done before.”
For WFP, that disruption meant telling 300,000 refugees in Kakuma that a little more than half of them will receive a meager portion of rice, lentils and oil some time next month, in August. The rest will get nothing. Rose doesn’t know which group she’s in. And she doesn’t know if her sons will survive that long anyway, especially Santo, who is only 2 years old.
Under the fluorescent lights in the malnutrition ward, nurses try to get an IV into him. But Santo is so swollen with edema — a result of severe protein deficiency — they can only find a vein on his head. Drained of color, his skin peels off in patches like burns. They drip milk into his mouth because feeding too quickly can be fatal. “Their bodies have adapted to starvation,” a nurse explains.
At night, Rose and Santo lie on a small vinyl hospital bed surrounded by a mosquito net. The swelling abates after a few days, but the little boy shrinks to 14 pounds and disappears into a loose, unstrapped onesie meant for a 9-month-old. The nurses tell Rose that God has performed a miracle, but Santo is still a long way from recovery. This is not his first time in the malnutrition ward this year.
Days pass. On July 16, the hospital discharges James, her 5 year old with dark marble eyes. He has somehow overcome a bout of malaria, which can be nine times more likely to kill a severely malnourished child like him. Without other options, Rose decides to send him home to her eldest, 7-year-old Lino, who is still staying with neighbors and relatives, even though she knows they have little food to spare. She has to stay behind at the hospital just a little bit longer, she tells James. Santo needs her.
July turns to August, and Rose becomes a fixture in the clinic. Five-foot-nothing and soft-spoken, she often enters and leaves rooms without notice. Every day, she sees other panicked mothers come to the clinic with sick children, a dozen a day on average. Some leave alone, after their children die.
Rose does laundry, bathes Santo and tidies up around their bed to stay busy. She wonders who, if anyone, is looking after James and Lino and what, if anything, they are eating. She starts asking staff any chance she gets if today is the day they will discharge Santo.
Some of the other mothers are so desperate to check on their children they sneak out at night and walk hours back home. Others abscond altogether. At least one baby died this year after her mother took her from the clinic before she was ready.
Rose considers leaving, too. “I don’t want my kids to suffer alone,” she says as her fingers work over black and white beads of a necklace she’s making for Santo, a traditional charm popular in South Sudan. Rose separated from her husband, who she says abused her, and now raises her boys alone. She inflates her cheeks and presses her face nose-to-nose with Santo. She’s the only one who can make him laugh.
Rose fled her home for Kakuma as a teenager in 2018, after South Sudan’s civil war found her village and left few survivors. She’s now about 23 — she doesn’t know her exact birthday — but still feels like an orphan in need of help.
On Monday, Aug. 4, a young, gentle nurse named Mark Kipsang walks through the pediatric malnutrition ward with a clipboard. Medical staff had promised Rose before the weekend that she and Santo would be discharged soon.
When Kipsang reaches their bed, Rose sits the boy upright and encourages him to greet their visitor. Kipsang offers a hand for a high five, but Santo doesn’t budge. His little feet dangle from the bed, still swollen with edema. Kipsang is worried Santo’s condition will worsen at home and that he’d quickly end up back at the hospital. This year, Kipsang’s ward has seen about six relapses every week on average.
“Has he had diarrhea?” he asks, inspecting the loose skin on Santo’s backside.
“No,” Rose lies.
“Can he walk?”
Rose nods and places Santo on the cold concrete, his shirt slipping from his shoulders. When he stands motionless, Rose holds his hands above his head and wills him forward, his feet barely shuffling. Santo starts to wail, and Rose sighs and lifts him back into her lap.
Santo is not ready to leave. Just then, Kipsang looks at Rose sitting cross-legged and notices what she has kept to herself all this time. Rose is pregnant.
Kipsang sends her straight to the hospital prenatal offices. She pads across the courtyard clutching a worn purple book that shows her first and only checkup was months ago. Rose speaks three languages but cannot read or write. Staff take her blood and conduct other tests and then explain the results as they jot them down in the book. She is extremely anemic, which means she is at risk for fainting, strokes or a preterm birth.
A third of the women in the hospital’s maternity ward have life-threatening complications that could be treated simply with food. They suffer from anemia like Rose, as well as dangerously high blood pressure. Their babies are born early, weighing too little and with underdeveloped lungs.
Jane Atim, a solicitous nutrition counselor, tells Rose that in order to avoid a dangerous birth, she needs to address her iron deficiency. Rose nods but otherwise sits still on a plastic chair, her fingers laced together. Atim flips through a ledger of two dozen other pregnant women she had seen in recent weeks, all with the same problem. There’s a diagram of a balanced diet on her desk. “How many times a day do you eat?” Atim asks.
Three, Rose lies again. She wants to end the conversation and figures there’s not much point in being honest or complaining. Instead, she lists peas, greens and lentils as her typical daily fare.
Atim knows it isn’t true, but she doesn’t think it does much good to despair alongside the starving mothers. So she tells Rose what she tells everyone: “The best thing for you to do is eat.”
The next morning, three days shy of one month in the hospital, Rose comes apart. “I am leaving today,” she shouts to a group of hospital workers who had gathered around her. The other mothers turn on their beds to watch. Her face is wet with tears. She tells them she doesn’t know who’s taking care of her other kids.
Her doctor relents and signs the discharge papers. “This is not ideal,” he says. He’s worried Santo might have contracted tuberculosis as well. But he says it’s better to discharge Santo than let Rose leave against medical advice and risk her ignoring their recommendations for treatment at home.
Later, Rose collects all of their belongings into the plastic wash basin she’s been using for laundry: two dresses, blankets, soap in an empty powdered milk tin, the iron tablets the prenatal ward had given her and papers describing Santo’s treatment plan. She doesn’t know what the files say, but she organizes them into neat piles anyway. The hospital had prescribed Santo 11 ready-to-use therapeutic food bars, and Rose keeps the packaging of one he just finished. She saves the empty wrappers to prove Santo has eaten them. Some mothers resort to selling theirs.
Rose ties Santo to her back with a blanket printed with monkeys, balances the basin atop her head and cups her lower belly with her free hand. “God help you,” another mother says.
As Rose reaches her sister’s house, Lino and James bound around the corner, through an open gate and beneath a clothesline made of concertina wire. Flanked by a posse of other children all coated in a film of dust, the boys beeline for Santo. They coo over their little brother before liberating a nutritional supplement wrapper from his hands to lick it clean. Rose inspects Lino’s dirty fingernails and picks up James, his brittle arms reaching around her neck; his body feels like an empty bookbag. He has a bad cough.
They look rough, Rose thinks, but they are alive.
It takes more than an hour to walk back to their house. James lost his shoes at some point after leaving the hospital. He struggles to stand, much less walk under the blinding East African sun. “He became so thin this year,” says Rose, whose own sandals have broken. “He’s usually fat.”
Strapped to her back, Santo falls asleep. Rose agonizes over being a mother unable to feed her children, with a pain so deep that she feels something like remorse for having had them at all. “There’s no happiness in it,” she says later.
They walk past the occasional house stripped to a husk. Those families, Rose explains, sold their clothes, chairs and even roofs to afford a ride over the border to South Sudan — a place they had not long ago fled for their lives.
Kakuma once felt like her only possibility for a future. She hoped to go into business for herself, selling food of all things. She’d raise money in case she and the boys were ever granted asylum in the U.S., where her sons could receive a good education.
But she’s abandoned that plan. Now she instead imagines joining those returning to South Sudan instead. “This sickness that came upon her baby has broken her,” Rose’s sister Sunday says, using a camp colloquialism for malnutrition.
“The only time she scared me,” Sunday adds, “was when she told me she wanted to take her kids back to South Sudan.”
On the morning of Aug. 11, Rose disappears into a crowd of hundreds of refugees under a pavilion about the size of a basketball court. Children lie across concrete benches while their mothers crane their necks toward the front, struggling to hear over the din. There, a small team of Kenya Red Cross workers holding clipboards call names on a bullhorn. One at a time, the mothers come forward to lift their kids onto a scale.
This outdoor clinic is functionally a pediatric malnutrition referral center. Community health workers fan across Kakuma to measure the circumference of children’s arms. Any kids in the area with arms thinner than 13.5 centimeters below the shoulder are sent here. They’ve made almost 12,000 malnutrition referrals this year.
Rose sits with James and Santo on either side of her, both half asleep despite the noise. Behind a folding table at the front of the crowd is a harried young Red Cross nutritionist. He said on a previous visit that the turnout shows how far malnutrition has spread. “It’s worse than last year,” he added, “because the food has been cut.”
Rose plops Santo on the scale: about 15 pounds. James is 21. Both weigh more than they did last check up, but still far less than what healthy children would at their ages. Each of their arms measures less than 12 centimeters, meaning the aid workers should prescribe them both therapeutic food.
The nutritionist tells Rose to follow him. He unlocks a heavy steel door that opens into a vault typically filled with nutritional supplements. Now, save for a couple boxes torn open on pallets, the room is empty. “We don’t have Plumpy’Nut anymore,” he says. (U.S. funding cuts disrupted the global supply chain that moves therapeutic ready-to-use food all over the world, The New York Times reported, stranding it in warehouses and at shipping companies.) He hands Rose a few bars of what remains for Santo and a different, less dense, supplement for James. They head back home.
Rose gives birth to her first girl two months later, on Oct. 5. It’s a Sunday, which is what Rose names the baby.
Her family still struggles to get food, even though WFP has started giving out more rations after a recent grant from the U.S. She rests under a tree with the children outside their dark, squat home, watching them sit listless in the heat.
All three of her boys have backslid. Lino and James are even thinner. The color has again drained from Santo’s skin and the edema returned to his legs, arms and face. He has lost 1 pound since the August weigh-in with the Red Cross.
Still wearing the black-and-white necklace his mom made him, Santo can hardly open his eyes or sit upright. It’s clear he needs to go back to urgent care. But she’s afraid to risk bringing her newborn to the hospital, where she might catch an infection.
They’ll all stay at home for now. This time, Rose has to choose baby Sunday.
Dive into the world of robotics, programming, and electronics with the PiCar-X, an engaging and versatile smart car designed for learners from elementary school to advanced hobbyists. Combining powerful features, exceptional quality, and a cool design, this robot car kit delivers an engaging learning experience in robotics, AI, and programming. Beyond being an educational tool, its powerful Robot Hat provides abundant resources for you to design and bring to life your projects. Plus, it comes with 15 comprehensive video tutorials, guiding you through each step of discovery and innovation. Embark on a journey of discovery and creativity with Picar-X, where young learners become budding innovators. The Robot Car Kit without a board is on sale for $80. The kit with a Raspberry Pi Zero 2 W board and 32GB SD card is on sale for $110. There’s also the kit with a Raspberry Pi 4 2GB and 32GB SD Card available for $141.
Note: The Techdirt Deals Store is powered and curated by StackCommerce. A portion of all sales from Techdirt Deals helps support Techdirt. The products featured do not reflect endorsements by our editorial team.
If there’s anything the GOP/MAGA party can’t stand, it’s people who won’t fall in line. It openly courts fascism while still pretending its ultimate concern is the protection of (certain) civil liberties. It cheers on politically motivated prosecutions while still making mouth noises about “activist judges.” It’s a land of contrasts, to be sure. But the US — under this leadership — certainly isn’t “a place of honor.”
Today, Governor Larry Rhoden announced Operation: Prairie Thunder – a comprehensive, targeted public safety initiative to protect South Dakotans, especially in the Sioux Falls metro area.
“We are keeping South Dakotans strong, safe, and free. When it comes to safety, one of our biggest opportunities to move the needle is right here in Sioux Falls, and that’s where Operation: Prairie Thunder comes in,” said Governor Larry Rhoden. “We are taking decisive action to hold criminals accountable and protect our communities.”
Whew. Sounds like a lot. This July announcement claimed all kinds of good things would be happening in terms of crime prevention and enforcement. But it was actually just more of the usual “war on drugs” stuff: saturation patrols, a few more helicopters in the air, and a concentrated effort to round up anyone who may have given law enforcement the slip while paroled or on probation.
But the part that meant the most is this:
The comprehensive effort to support ICE’s work includes:
Equipping the South Dakota Highway Patrol to assist with ICE’s actions to keep America safe – a partnership that the Governor previously obtained;
Activating six SDNG soldiers to assist ICE with administrative functions; and
Enabling DOC to work with ICE to deport offenders and transfer violent offenders for federal incarceration and assist ICE with processing and transportation of illegal alien criminals.
In other words, it was just a convenient excuse to roll hard with local law enforcement while riding shotgun with Trump’s bigots-in-masks kidnappers.
Since this announcement, “Prairie Thunder” has moved past Sioux Falls and into other towns, including Yankton, Belle Fourche, and Huron. Press releases and appearances from Governor Rhoden claimed this saturation+ICE had been a huge success.
Troopers jailed 75 people in total across the two operations, according to the release — 42 on drug charges and 33 on non-drug charges — and 19 people were charged with drug offenses but not detained.
The patrol interviewed 25 people on behalf of ICE, the release said, 21 of whom were held for the federal agency.
But a lot of locals in a red-coded state weren’t convinced this had anything to do with real crime. The towns targeted by “Prairie Thunder” weren’t exactly hotbeds of criminal activity. Huron, in particular, is the state’s most diverse city, which raised obvious questions about why it was next on list after the Thunder had rolled through the state’s most-populous city, Sioux Falls.
[T]he November patrols raised concerns for the city’s Hispanic community, according to Republican state Rep.Kevin Van Diepen, who’s also a former police chief.
He said many residents believed that ICE — not state law enforcement — was behind the saturation patrols in the city of 14,000.
The governor had never announced this unexpected expansion of the program to other South Dakota cities. But it’s clear that Prairie Thunder is still an ongoing program. The city of Brookings (pop. 23,377) decided it wasn’t going to play nice with ICE or the governor’s desire to keep all of this under the radar. An extremely short post on the city’s official website let every resident know what was headed their way, as well as making it clear the city had no desire to pitch in with ICE’s deportation efforts:
The City of Brookings has been made aware that Operation Prairie Thunder, an anti-crime task force with the State of South Dakota, will be in the Brookings area Dec. 17-19. The City of Brookings will not be participating in these operations.
The governor voiced his disapproval with the city of Brookings Friday afternoon, suggesting that the broadcasting of when and where stings, saturations or any other temporary, concentrated policing will take place undermines law enforcement operations — and the men and women carrying out that work.
“For security reasons, we are not going to comment on operational specifics. It’s unfortunate that the City of Brookings would jeopardize an anti-crime operation and put the safety of our officers at risk by publishing this information,” he said in a statement provided to The Dakota Scout. “In South Dakota, we enforce the rule of law.”
This is dumb for several reasons. First, even the mayor of Sioux Falls issued statements distancing himself and his city’s police officers from ICE activity related to “Prairie Thunder.” So, even at the initial flash-point of the operation, politicians knew it would be bad for political business to be thought of as complicit in ICE raids.
Second, saturation patrols are often announced ahead of time by the cities and law enforcement agencies engaging in them. We hear radio announcements for these patrols ahead of every major holiday. Local cops also let people know ahead of time if they’re going to be running sobriety checkpoints. None of these notifications have ever been portrayed as “jeopardizing anti-crime operations” by local politicians.
Finally, go fuck yourself, Governor Rhoden. What ICE does has almost nothing to do with the “rule of law.” And the administration overseeing ICE only cares about the “rule of law” when it needs to get the Supreme Court to sign off on its latest constitutional violations. You’re nothing but a Kristi Noem understudy, which means you’re incapable (or unwilling) of doing anything that doesn’t align exactly with the New MAGA Order.
If ICE wants to perform a bunch of crimes of opportunity in Brookings, it should still be able to do so even if its officers are being filmed, insulted, or otherwise treated like the pariahs they are. You serve the state, not Donald Trump and his fleeting whims. If it won’t hurt your brain too much, try to remember that now and then.
There were rumblings about this for a while, but it looks like the Trump TikTok deal is done, and it’s somehow the worst of all possible outcomes, amazingly making all of the biggest criticisms about TikTok significantly worse. Quite an accomplishment.
The Chinese government has signed off on the deal, which involves offloading a large chunk of TikTok to billionaire right wing Trump ally Larry Ellison (fresh off his acquisition of CBS), the private equity firm Silver Lake (which has broad global investments in Chinese and Israeli hyper-surveillance), and MGX (Abu Dhabi’s state investment firm), while still somehow having large investment involvement by the Chinese:
“The new U.S. operations of TikTok will have three “managing investors” that will collectively own 45 percent of the company: Oracle Corporation, Silver Lake, and MGX. Another 5 percent will be owned by other new investors, 30.1 percent will be “held by affiliates of certain existing investors of ByteDance; and 19.9 percent will be retained by ByteDance.”
The deal purportedly involves “retraining the content recommendation algorithm on U.S. user data to ensure the content feed is free from outside manipulation,” but given you can’t trust any of the companies involved, the Trump administration, or what’s left of U.S. regulators, that means absolutely nothing. Oracle will be “overseeing data protection,” but that means nothing as well given Oracle is run by an authoritarian-enabling billionaire with a long history of his own privacy abuses.
Also, this seems to ignore that three years ago, during the Biden administration, it was already announced that Oracle was overseeing TikTok’s algorithms and data protection. It’s kinda weird that everyone seems to have forgotten that. This is all, more or less, what was already agreed to years ago. Just shifting around the ownership structure to give Trump and his friends a “win.”
It wasn’t subtle that the goal was always for Trump’s buddies to just basically steal a big ownership chunk of a Chinese short form video company that U.S. tech companies couldn’t out innovate. Offloading the company to his friends at Oracle and Walmart was Trump’s stated goal during the first administration, only thwarted because he lost the 2020 election. Everything else was decorative.
You might recall that Democrats made a point to join forces with Republicans during election season in support of a ban unless a big chunk of ownership was divested. Now that it’s happened, it’s basically shifting ownership of TikTok to a huge chunk of Trump’s authoritarian allies, while somehow still maintaining the supposed problematic tethers to the Chinese? Impressive. Great job.
You might also recall that folks like Brendan Carr spent literally years whining about the propaganda, privacy, and surveillance threats posed by TikTok. And their solution was ultimately just to shift a small part of ownership over to Trump’s autocratic buddies while still retaining Chinese involvement. Now, with the problem made worse, you can easily assume that Carr will probably never mention the threat again.
Republicans obviously take majority responsibility for this turd of a deal and the corrupt shifting of TikTok ownership to Trump’s buddies. But it can’t be overstated what an own-goal supporting this whole dumb thing was for Democrats, who not only helped Trump’s friends steal partial ownership of TikTok, they saber-rattled over a ban during an election season where they desperately needed young people to vote.
As I’ve spent years arguing, if these folks were all so concerned about U.S. consumer privacy, they should have passed a functional modern internet privacy law applying to all U.S. companies and their executives.
If they cared about propaganda, they could have fought media consolidation, backed creative media literacy reform in schools, or found new ways to fund independent journalism.
If they cared about national security, they wouldn’t have helped elect a New York City real estate conman sex pest President, and they certainly wouldn’t have actively aided his cronyism.
This was never about addressing privacy, propaganda, or national security. It was always about the U.S. stealing ownership of one of the most popular and successful short form video apps in history because companies like Facebook were too innovatively incompetent to dethrone them in the open market. Ultimately this bipartisan accomplishment not only makes everything worse, it demonstrates we’re absolutely no better than the countries we criticize.
As RFK Jr. continues to dismantle public health in this country policy brick by policy brick, there have fortunately been some consistent sources of sanity for the public to turn to. One of those sources has been the American Academy of Pediatrics, an important organization that provides guidance and dispenses funds to healthcare professionals and researchers to provide for the public health of American children writ large. Because the AAP is made up of medical professionals that are sane, it has been a vocal critic of many of Kennedy’s policy decisions, particularly when it comes to Kennedy’s war on childhood vaccines and his misinformation about autism.
While Kennedy used to fashion himself a liberal, he has become a remarkably quick learner when it comes to the finer points of facism from his boss. His latest move is downright Trumpian: HHS has yanked back millions in approved grants to the AAP.
The U.S. Department of Health and Human Services has canceled millions of dollars in grants awarded to the American Academy of Pediatrics, it said on Wednesday, including ones the group said were aimed at reducing sudden infant death and early detection of autism.
The move comes as the AAP, a vocal critic of HHS Secretary Robert F. Kennedy Jr., challenged vaccine policies enacted under his leadership in federal court. Kennedy, a longtime critic of vaccines, has accused the organization of accepting funding from drug and vaccine makers to further their interests.
“These grants, previously awarded to the American Academy of Pediatrics, were canceled along with a number of other grants to other organizations because they no longer align with the Department’s mission or priorities,” an HHS spokesperson said.
SID and autism detection are the headliners and for good reason. This is a cruel move that will likely result in some increase in the deaths of babies. It also takes away detection of Kennedy’s favorite hobbyhorse in autism spectrum diagnoses. Those are two things that Kennedy claims to very much care about, yet here we are.
But those aren’t the only things those grants funded. There are also things like mental health services and healthcare access in rural areas, the latter of which tend to be Trump territory. It seems that those who voted for Trump often times are his preferred victims.
CEO Mark Del Monte explains how bad this is and what they try to do about it.
“The sudden withdrawal of these funds will directly impact and potentially harm infants, children, youth, and their families in communities across the United States,” said Del Monte, adding that the group is assessing its options, including potential legal action.
No explanation I can find has been given for these clawbacks of previously approved grants. In lieu of such an explanation, we can but speculate, and the most reasonable speculation out there is that Kennedy is big mad that AAP has disagreed with him, and denounced him, at times. And so he punished American children and rural areas in desperate need of more access to healthcare.
He’s an egomaniac, in other words. And while that sure does make him fit in nice and comfy in the Trump administration, he remains likely the worst HHS Secretary in its nearly 50 years of existence.
In the last Ctrl-Alt-Speech of the year, Mike and Ben round up the latest news in online speech, content moderation and internet regulation with the following stories:
We filed our own comment with the USPTO regarding their attempt to weaken the important inter partes review (IPR) process that has been hugely helpful in getting rid of bad patents. Over at EFF, Joe Mullin wrote up an analysis of some of the comments to the USPTO, which we’re running here as well.
A massive wave of public comments just told the U.S. Patent and Trademark Office (USPTO): don’t shut the public out of patent review.
EFF submitted its own formal comment opposing the USPTO’s proposed rules, and more than 4,000 supporters added their voices—an extraordinary response for a technical, fast-moving rulemaking. We comprised more than one-third of the 11,442 comments submitted. The message is unmistakable: the public wants a meaningful way to challenge bad patents, and the USPTO should not take that away.
The Public Doesn’t Want To Bury Patent Challenges
These thousands of submissions do more than express frustration. They demonstrate overwhelming public interest in preserving inter partes review (IPR), and undermine any broad claim that the USPTO’s proposal reflects public sentiment.
Comments opposing the rulemaking include many small business owners who have been wrongly accused of patent infringement, by both patent trolls and patent-abusing competitors. They also include computer science experts, law professors, and everyday technology users who are simply tired of patent extortion—abusive assertions of low-quality patents—and the harm it inflicts on their work, their lives, and the broader U.S. economy.
The USPTO exists to serve the public. The volume and clarity of this response make that expectation impossible to ignore.
EFF’s Comment To USPTO
In our filing, we explained that the proposed rules would make it significantly harder for the public to challenge weak patents. That undercuts the very purpose of IPR. The proposed rules would pressure defendants to give up core legal defenses, allow early or incomplete decisions to block all future challenges, and create new opportunities for patent owners to game timing and shut down PTAB review entirely.
Congress created IPR to allow the Patent Office to correct its own mistakes in a fair, fast, expert forum. These changes would take the system backward.
A Broad Coalition Supports IPR
A wide range of groups told the USPTO the same thing: don’t cut off access to IPR.
Open Source and Developer Communities
The Linux Foundation submitted comments and warned that the proposed rules “would effectively remove IPRs as a viable mechanism for challenges to patent validity,” harming open-source developers and the users that rely on them. Github wrote that the USPTO proposal would increase “litigation risk and costs for developers, startups, and open source projects.” And dozensofindividualsoftware developers described how bad patents have burdened their work.
Patent Law Scholars
A group of 22 patent law professors from universities across the country said the proposed rule changes “would violate the law, increase the cost of innovation, and harm the quality of patents.”
Patient Advocates
Patients for Affordable Drugs warned in their filing that IPR is critical for invalidating wrongly granted pharmaceutical patents. When such patents are invalidated, studies have shown “cardiovascular medications have fallen 97% in price, cancer drugs dropping 80-98%, and treatments for opioid addiction becom[e] 50% more affordable.” In addition, “these cases involved patents that had evaded meaningful scrutiny in district court.”
Small Businesses
Hundreds of small businesses weighed in with a consistent message: these proposed rules would hit them hardest. Owners and engineers described being targeted with vague or overbroad patents they cannot afford to litigate in court, explaining that IPR is often the only realistic way for a small firm to defend itself. The proposed rules would leave them with an impossible choice—pay a patent troll, or spend money they don’t have fighting in federal court.
What Happens Next
The USPTO now has thousands of comments to review. It should listen. Public participation must be more than a box-checking exercise. It is central to how administrative rulemaking is supposed to work.
Congress created IPR so the public could help correct bad patents without spending millions of dollars in federal court. People across technical, academic, and patient-advocacy communities just reminded the agency why that matters.
We hope the USPTO reconsiders these proposed rules. Whatever happens, EFF will remain engaged and continue fighting to preserve the public’s ability to challenge bad patents.
On July 18, a mild, overcast night in Nairobi, Kenya, a team of President Donald Trump’s top foreign aid advisers ducked into a meeting room at the Tribe Hotel, their luxury accommodations in the city’s diplomatic quarter, for a private dinner.
The visitors from Washington included Marcus Thornton, a former Border Patrol agent known for a series of public lawsuits against the Biden administration’s COVID-19 vaccine mandate; Kenneth Jackson, a former oil executive who had done a stint in government under the first Trump administration; and Laken Rapier, who’d previously managed communications for the city of Fort Worth, Texas. This year, all had been appointed to leadership roles in the U.S. Agency for International Development, the premier government humanitarian agency in the world.
Five months earlier, some of the visiting aides had celebrated USAID’s destruction over cake and speeches in Washington. With that job done, they’d embarked on a world tour of half a dozen cities, including the Kenyan capital. They were granted special permission to fly business class “to help ensure maximum rest and comfort,” according to an internal memo. Thornton alone received authorization to expense more than $35,000 in taxpayer money for the trip. The plan was to conduct exit interviews with USAID’s top experts, who were being forced out of the agency amid the administration’s stated commitment to austerity.
When the U.S. embassy in Nairobi learned of the visit, officials there arranged the dinner with a goal in mind. It would be their last opportunity to explain, face-to-face, the catastrophic impact of Trump’s drastic cuts to foreign aid.
A top concern: the administration’s failure to fund the World Food Program’s operation in Kenya, where about 720,000 refugees, among the most vulnerable people on earth, relied on the organization to survive. After providing $112 million in 2024, the U.S. abruptly cut off money in January without warning, leaving the program with no time to find adequate support or import the food needed for the rest of the year.
For months afterward, U.S. government and humanitarian officials warned Washington that the cutoff had led to increasingly dire circumstances. They begged Trump’s political advisers, including Thornton, to renew WFP’s grant and give the money it needed to avert disaster. The embassy in Nairobi sent at least eight cables to the office of Secretary of State Marco Rubio, explaining the situation on the ground and projecting mass hunger, violence and regional instability.
Those warnings went unheeded. Rubio, facing pressure from lawmakers and humanitarian groups, nevertheless publicly asserted that the agency’s mass cuts had spared food programs — even as the administration failed to fund WFP in Kenya behind the scenes. “If it’s providing food or medicine or anything that is saving lives and is immediate and urgent, you’re not included in the freeze,” Rubio told reporters on Feb. 4. “I don’t know how much more clear we can be than that.”
By the spring, WFP still had not received funding, ran low on supplies and would be forced to stop feeding many of Kenya’s refugees. In Kakuma, the third-largest camp in the world, WFP cut rations to their lowest in history, trapping most of the 308,000 people in the camp with almost nothing to eat.
They began to starve, and many — mostly children — died because their malnourished bodies couldn’t fight off infections, ProPublica found while reporting in the camp. Mothers had to choose which of their kids to feed. Young men took to the streets in protests, some of which devolved into violent riots. Pregnant women with life-threatening anemia were so desperate for calories that they ate mud. Out of options and mortally afraid, refugees began fleeing the camp by foot and in overcramped cars, threatening a new migration crisis on the continent. They said they’d rather risk being shot or dying on the perilous route than slowly starving in Kakuma.
To press the urgency of the situation in East Africa at dinner, the embassy officials enlisted Dragica Pajevic, a WFP veteran of more than two decades. Pajevic arrived at the Tribe Hotel early. She brought props. The bag slung over her shoulder held a collection of Tupperware containers with different amounts of dry rice, lentils and oil.
As they ate, she placed each container on the table. The largest represented 2,100 daily calories, what humanitarians like her consider the minimum daily intake for an adult. The next container showed 840 calories. That is what a fifth of refugees in Kakuma were set to receive come August. Another third would get just over 400 calories. Then she showed an empty container. The rest — almost half of the people in Kakuma — would get nothing at all.
Pajevic ended her presentation by relaying a truism that she said a government official in Liberia had once told her: The only difference between life and death during a famine is WFP and the U.S. government, its largest donor.
“The one who’s not hungry cannot understand the beastly pain of hunger,” Pajevic said, “and what a person is willing to do just to tame that beastly pain.”
The response was muted, according to other people familiar with the dinner. Jackson, then USAID’s deputy administrator for management and resources, said the decision to renew WFP’s grant was now with the State Department, and gave no indication he would appeal on the organization’s behalf. Thornton, a foreign service officer who ascended to a leadership post under Trump, did not speak. Instead, he spent much of the meal looking at his cellphone.
The dinner plates were cleared and the visitors headed to the airport. “They just took zero responsibility for this,” one of the attendees said, “and zero responsibility for what’s going to happen.”
The details of this episode are drawn from accounts by six people familiar with the trip, as well as internal government records. Most people in this article spoke on the condition of anonymity for fear of reprisal. This year, ProPublica, The New Yorker and other outlets have documented violence and hunger due to the aid cuts in Kenya’s camps. But the scale of suffering throughout Kakuma — and the string of decisions by American officials that contributed to it — have not been previously reported.
The camp had seen similar spikes in pediatric malnutrition in recent years, but they were tied to natural causes, such as malaria outbreaks, extreme drought or COVID-19, according to staff of the International Rescue Committee, a U.S.-based nonprofit that operates Kakuma’s only hospital.
This was something different: an American-made hunger crisis. So far this year, community health workers have referred almost 12,000 malnourished children for immediate medical attention.
“What has come with Trump, I’ve never experienced anything like it,” said one aid worker who has been in Kakuma for decades. “It’s huge and brutal and traumatizing.”
In response to a detailed list of questions, a senior State Department official insisted that no one had died as a result of foreign aid cuts. The official also said that the U.S. still gives WFP hundreds of millions a year and the administration is shifting to investments that will better serve both the U.S. and key allies like Kenya over time. “We just signed a landmark health agreement with Kenya,” the official said, pointing to recent endorsements by government officials there. “That’s going to transform their ability to build their domestic capacity, to take care of their populations, to improve the quality of health care in Kenya.”
The day of the dinner, 370 miles from the Tribe Hotel, Mary Sunday sat on a vinyl bed in the pediatric malnutrition ward of Kakuma’s hospital, cradling her 7-month-old baby, Santina. The name means “little saint” in Italian, and Mary could only pray that God would save her baby’s life.
Slender, with close-cropped hair and arresting eyes, Sunday had rushed Santina to the hospital four days earlier after the infant developed severe diarrhea. Her husband, Juma Lotunya, had stayed behind to care for their 2-year-old, Grace.
Devout Christians in their early 20s, the couple fled to Kakuma together from South Sudan. They considered parenthood a sacred responsibility — especially Sunday, whose own mother died when she was young. As their family grew, Lotunya had hoped to start a small shop so he could afford to send their daughters to school. “I had that simple dream,” he said.
But in June, when Santina was 6 months old, WFP cut the camp’s food rations. Families like theirs were allotted just a small amount of rice and lentils — 630 daily calories per person — which they were expected to make last until August. Sunday and Lotunya stretched it as long as they could, eating one small meal per day. But the food ran out before the end of June. Sunday stopped producing enough breastmilk to feed Santina, and their chubby baby began to waste away. By the time they arrived at the hospital, Santina weighed only 11 pounds. Staff noted in her charts that she was severely malnourished, her eyes sunken.
Sunday watched helplessly under the clinic’s fluorescent lights as hospital staff pumped her baby with medicine and tried to reintroduce more calories.
On the clinic’s walls, next to decals of butterflies, monkeys and seahorses, loomed dry-erase boards with columns of data tracking how many children and babies had died in the room this year. Sunday spoke no English, but she knew what the numbers meant: One row listed admissions to the pediatric malnutrition ward — about 400 per month on average, including the highest number of edema cases, a key marker of severity, in years.
Another row on the whiteboards tallied those who never left the clinic: At least 54 children have died in the hospital with complications brought on by malnutrition in 2025 alone, including a surge in the spring when families first began rationing their food because of the USAID cuts. Worldwide, this year is the first in decades that early childhood deaths will increase, the Gates Foundation recently reported. Researchers said a key factor is the cuts to foreign aid.
In the hospital’s courtyard, another mother, 20-year-old Nyangoap Riek, leaned against a tree with her two children at her feet and said she was considering an extreme solution. “The thing I think about is committing suicide,” she told ProPublica, “because I heard the U.N. takes care of the kids when the parents are gone.”
Kakuma has been a sanctuary in East Africa since the United Nations and Kenyan government began accepting refugees there in 1992. People have come fleeing deadly violence in some two dozen countries — mainly from South Sudan like Sunday and Lotunya — but also as far away as Afghanistan. Covering an area about half the size of Manhattan, Kakuma is a loose constellation of head-high mud and thatch neighborhoods and corrugated metal slums, like a macabre oasis in a desert, stitched together by rutted motorcycle trails.
Its sheer scale has drawn political figures, Olympic gold medalists and Hollywood celebrities on humanitarian visits. Movies have been made, including a documentary about the “Lost Boys of Sudan,” a group of unaccompanied minors escaping war and conflict. Angelina Jolie opened a school there.
A high-ranking Republican-appointed diplomat from the U.S. once called Kakuma the hottest, driest land on earth, “a place that is very close to the edge of Hades.”
“We are sustaining life,” she said, “by helping fund the World Food Program.”
In the past, USAID gave WFP’s global operations billions every year, including the funds to feed refugees at camps in Kenya. The aid is one end of a bargain to bring stability to the region. Countries like Kenya take in refugees from a host of other countries fleeing violence, famine or natural disasters. In exchange, the U.S., along with other wealthy nations vested in saving lives, help foot the bill for essential services. Without food, experts say, refugees would likely spill out of Kenya into other countries. Conflicts may last longer, claim more lives and create new refugees.
USAID has been ubiquitous in Kakuma for so long that it’s a literal building block in the camp; millions of old cans of cooking oil bearing the agency’s letters have been flattened and repurposed as lattice fencing.
When the Trump administration froze thousands of USAID programs during a putative review of the agency’s operations in January, Rubio insisted food programs would be spared.
But then Rubio’s lieutenants failed to extend WFP’s Kenya funding, blowing up the typical timetable the organization needed in order to ship food to Kakuma by summer.
WFP was blindsided. The organization’s leaders had received no notice ahead of the cuts and no communication about whether the Trump administration would ever renew their grant. “There was zero plan, except causing pain,” said one U.N. official. “And that is not forgivable.”
Even before the second Trump administration, funding shortfalls in recent years had forced the organization to drop rations by around 20% to 40% throughout the camp. To adjust for the long term, WFP was planning to reform its model in Kenya to make sure the small minority of people with some income, like small-business owners, didn’t receive food.
Thousands of Refugee Families in Northwest Kenya Starved After USAID Funding Cuts
In August, food rations were cut to historic lows. Almost half the Kakuma camp got nothing at all.
Note: Rations and population sizes represent an Aug. 11 food distribution in Kakuma. ProPublica extrapolated the 100% ration amounts from the 20% ration. Amounts vary between distributions. Source: Documents obtained by ProPublica. Chris Alcantara/ProPublica
But this year, WFP’s leaders were forced to stretch their remaining supplies from last year. They made the drastic decision to cut rations to their lowest in Kakuma’s history. They also reduced distributions to once every other month instead of monthly.
In August, the handouts would become even more austere, as WFP rushed to prioritize families based on need. They determined only half the population would receive food. Most people learned which half they were in from a number stamped on the back of their ration card.
Across the world in Washington, the fate of places like Kakuma was in the hands of a select few political appointees, including Thornton, who was named the agency’s deputy chief of staff on March 18. Thornton first worked beneath Peter Marocco, Rubio’s head of foreign assistance, and later under Jeremy Lewin, initially an Elon Musk hire. Besides Rubio, none of them were subject to Senate confirmation.
As pleas poured in from government officials in Washington and abroad to restart aid operations in Africa, including WFP in Kenya, the appointees often failed to act, records and interviews show.
On March 18, USAID’s political leadership invited career government aid officials from the agency’s major bureaus to pitch the handful of programs they thought were most critical. It was the only time the agency’s Africa bureau had an opportunity to make a full-throated case for its development programs across the continent. They had just 45 minutes to do it.
In the room was Thornton, a member of the Ben Franklin Fellowship, an organization that champions “the primacy of American sovereignty.” Thornton said in podcast appearances that his campaign against President Joe Biden’s vaccine mandate for federal workers introduced him to a government bureaucracy “that is not reflective of the values of the people that it serves” and requires “fear and accountability” to come to heel, Mother Jones reported.
As part of the meeting, Brian Frantz, acting head of USAID’s Africa bureau and a diplomat with nearly 25 years of experience, pitched Kenya as an important trade and national security partner. At one point when discussing another country, Frantz mentioned the U.S. Trade and Development Agency, using the acronym TDA. Thornton perked up, according to two attendees. Then he asked: Was TDA a reference to the Venezuelan criminal organization Tren de Aragua?
The USAID officials were stunned. “That was the one thing he said in that meeting,” one of the attendees recalled. “There was just zero interest in the subject matter.”
In a blistering memo circulated around the agency before he was laid off in late summer, Frantz upbraided political leaders. He detailed how they had prevented lifesaving programs from coming back online by refusing to pay for services already rendered and restricting access to USAID’s payment systems. He said they had frequently changed the process for how to appeal program terminations, burying their subordinates in paperwork for months.
“We were given make-work to keep us spinning our wheels,” another former official recalled.
Months before the last-ditch appeal at the Tribe dinner, embassy staff in Nairobi had also tried unsuccessfully to get funding restored to WFP. In March, Marc Dillard, the acting U.S. ambassador, went to Kakuma for a tour of the hospital where Sunday and Santina would later check in.
After seeing the stakes firsthand, Dillard signed a series of cables to Washington documenting the chaos and death in Kakuma and other camps caused by the sudden funding cuts to WFP. On May 6, the embassy wrote that declining food assistance had “already contributed to several deaths and could result in escalating instability in Kenya.”
At one point, a group of teenagers and young men in Kakuma splintered off from a protest and set fire to WFP’s tents. Kenyan police responded by shooting at them, wounding at least two, including a teenager who was hospitalized with a gunshot wound to the head. Ordinarily considered among the most peaceful refugee camps in Africa, Kakuma went into lockdown. Aid workers hid inside their compounds.
Sexual assault, violent protests and other crimes would only increase without aid, Kenyan government officials warned the embassy, according to another cable. They predicted the cuts could destabilize one of America’s closest allies in Africa, “undermining Kenyan willingness to host thousands of refugees, many of whom would likely otherwise join the illegal migration flows bound for Europe and the United States.”
At a roadside staging area, some of those fleeing Kakuma hired smugglers to take them the 70 miles to the South Sudan border — the same country where they had escaped violence. As many as two dozen women, children and babies contorted inside cars with their belongings piled on the roof. “It’s hunger that chased us,” one woman said through the cracked window of a car about to depart. “It’s hunger that’s making us leave.”
In mid-May, USAID’s humanitarian assistance bureau in Washington delivered a memo again requesting the political appointees approve funding for WFP Kenya. “Without this additional assistance,” the appeal stated, “the WFP-provided food rations will reduce from normal levels of 60% to 20%, putting nearly 1 million people at risk of starvation and death and likely triggering additional insecurity within the refugee camps.”
Records show seven advisers in the chain of command signed off on more funding for WFP in Kenya. When the request got to Thornton, who by then had been promoted to USAID’s chief of staff, he did not. No money went through at that time. “Thornton became a real road block,” a former USAID official said.
Thornton did not respond to a request for comment. In response to questions about episodes like this, the senior State Department official said the Office of Management and Budget, not USAID or the State Department, has ultimate authority to approve new foreign aid money. They said they worked closely with OMB to review all of the funding requests. “In order to make an obligation like that,” the official said, “you need to have apportioned funds from OMB.”
When ProPublica asked about the funding delays and the State Department’s explanation, OMB’s communications director Rachel Cauley said in an email, “That’s absolutely false. And that’s not even how this process works.” She did not clarify what was false.
Santina declined rapidly in the days after arriving at the clinic. Hospital staff tried everything. They gave her IV fluids, put her on oxygen support and updated the diagnosis to marasmus, a severe form of malnutrition where the body starts to eat itself. Pneumonia gripped her lungs. Santina’s color faded and she struggled to breathe. She became unresponsive to pain.
Cradling her baby, Sunday thought about her oldest daughter back at home. Two-year-old Grace wore a little bell around her ankle because she was prone to wandering off. Sunday thought: What will Grace eat today? Tomorrow? Will she end up here too?
Just after 5 a.m. on July 21, hospital staff pronounced Santina dead.
A doctor and nutrition specialist with the International Rescue Committee said Santina almost certainly would have survived if she weren’t malnourished. To Lotunya, the cause was clear: After starving for weeks, his wife could no longer breastfeed, which is why Santina had become so tiny and weak. “That is why she died,” he said.
Santina was transferred to the hospital’s morgue, a squat concrete building at the edge of the compound. Lotunya borrowed $10 to bury his daughter in Kakuma’s cemetery, just on the other side of the hospital fence.
Once proud to be the mother she’d grown up missing, shame washed over Sunday. “I felt I wasn’t mother enough,” she said later, nearly in a whisper.
In early August, Sunday came home after helping to harvest the sallow greens a neighbor was growing out of dry, cracked earth. In exchange, they had given her a few handfuls of the vegetable wrapped in fabric. It was the family’s only food.
The August food distribution was supposed to come any day; the camp was tense. WFP’s new rankings determined that only half of Kakuma would receive food, a decision most refugees deeply opposed. Lotunya, Sunday and Grace were among those who would get nothing.
Someone had stolen the roof off the family’s single-room mud house, so Lotunya had used tarp and cardboard for a makeshift cover, which was disintegrating in the hot sun. Grace played on the dirt patio, the bell on her ankle chiming as she moved between her parents, clinging to their legs and crawling into their laps.
Doting on her, they said, was the only way to cope with losing Santina. They have just one picture of their youngest child: a fuzzy, black-and-white image on the family’s refugee registration. “But,” Sunday said, looking at her oldest daughter asleep on Lotunya’s shoulder, “I have Grace.”
In late September, the State Department signed an extension to WFP’s Kenya operation. This year, the U.S. gave $66 million, which is 40% less than it received last year and, critically, the funds arrived nine months into the year.
WFP has told refugees it plans to provide food through at least March. Even then, most families are set to receive between one-fifth and three-fifths of the recommended minimum daily calories.
Sunday, Lotunya and Grace would each get the equivalent of 420 calories a day.
But most of the day got hung up on a very simple question: is the FCC an independent agency, or is it dutifully bound to obediently do whatever the president wants without question? If you’re new to this, the answer is supposed to be the former, but Carr, ever the dutiful Donald Trump earlobe nibbler, really struggled with this line of questioning all day long:
LUHAN: Is the FCC an independent agency?CARR: I think th—L: Yes or noC: There's a test for this in the la—L: It's yes or no, Brendan! On your website, it simply says, man, 'the FCC is independent.' This isn't a trick questionC: The FCC is notL: So is your website lying?C: Possibly
This was apparently such a sensitive line of questioning for Carr and the Trump FCC that it actively changed its website during Carr’s testimony to falsely state the agency was no longer independent:
Just so people understand: Carr has always been shameless liar and opportunist, whose underpinning legal and “intellectual” logic for what he’s doing will just randomly change, at whim, to justify his actions. Republicans, and a lot of our press, will then work tirelessly to normalize this as serious adult policymaking.
Something important to note that highlights Carr’s hypocrisy: back during the net neutrality wars in 2014, Barack Obama publicly stated that he supported imposing some basic rules, which was perfectly normal and legal. At the time, Republicans positively freaked out, insisting that the president’s vocal support was among the greatest indignities ever conceived and violated FCC independence.
“President Obama’s one minute and 57 second video was the culmination of an unprecedented and coordinated effort by the Executive Branch to pressure an independent agency into grabbing power that the Legislative Branch never said it had delegated.”
That FCC independence had been somehow destroyed because Obama legally vocally supported net neutrality has been a central talking point for Republicans for years now. It was the centerpiece of phony Republican congressional inquiries and reports for the better part of a decade.
Yet here you have a Republican president openly ordering the FCC to censor critics, journalists, and entertainers. And Carr, shamelessly trying to now claim the FCC serves entirely at the whim of the president:
KIM: I want to read you a quote & see if you agree with it. 'Congress long ago determined that the FCC is an independent expert agency.' Is that correct? CARR: Senator, there has been a sea change in the law & approach since I wrote that sentenceKIM: Yes you did. You said it in front of Congress
This is who Carr is (and who modern Republicans are). For decades they’ve wanted to have their cake and eat it too. When it’s time to implement even modest oversight of predatory telecom monopolies or media giants, folks like Carr will insist the FCC is just a helpless puppy with no authority. When it comes time to offload TikTok to Trump’s billionaire friends, censor journalists critical of their mad king, or bully comedians, suddenly the FCC has all the authority in the world.
There’s absolutely zero legal coherence to any of it. It’s kakistocracy. It’s authoritarianism at the hands of the dimmest, least ethical people imaginable. It’s frequently illegal. And it’s embarrassing.
One downside of the day’s focus on FCC independence is that Congress didn’t really pressure Carr on any of the other ethically problematic and illegal things he’s been doing, whether it’s a fake “investigation” into public media, his abuses of the merger approval process to require that companies be more sexist and racist, or his complete decimation of FCC consumer protection and media consolidation limits.