1randomweirdo

[1randomweirdo]

Growing

New Crow Time 🎀🏅

#growing

[1randomweirdo]

New Crow Time 🎀🏅

[1randomweirdo]

HA! And now the DOJ is investigating McKinsey for their role in hawking opioids

Antitrust is a labor issue

I'm touring my new, nationally bestselling novel The Bezzle! Catch me SATURDAY (Apr 27) in MARIN COUNTY, then Winnipeg (May 2), Calgary (May 3), Vancouver (May 4), and beyond!

This is huge: yesterday, the FTC finalized a rule banning noncompete agreements for every American worker. That means that the person working the register at a Wendy's can switch to the fry-trap at McD's for an extra $0.25/hour, without their boss suing them:

https://www.ftc.gov/news-events/news/press-releases/2024/04/ftc-announces-rule-banning-noncompetes

The median worker laboring under a noncompete is a fast-food worker making close to minimum wage. You know who doesn't have to worry about noncompetes? High tech workers in Silicon Valley, because California already banned noncompetes, as did Colorado, Illinois, Maine, Maryland, New Hampshire, North Dakota, Oklahoma, Oregon, Rhode Island, Virginia and Washington.

The fact that the country's largest economies, encompassing the most "knowledge-intensive" industries, could operate without shitty bosses being able to shackle their best workers to their stupid workplaces for years after those workers told them to shove it shows you what a goddamned lie noncompetes are based on. The idea that companies can't raise capital or thrive if their know-how can walk out the door, secreted away in the skulls of their ungrateful workers, is bullshit:

https://pluralistic.net/2022/02/02/its-the-economy-stupid/#neofeudal

Remember when OpenAI's board briefly fired founder Sam Altman and Microsoft offered to hire him and 700 of his techies? If "noncompetes block investments" was true, you'd think they'd have a hard time raising money, but no, they're still pulling in billions in investor capital (primarily from Microsoft itself!). This is likewise true of Anthropic, the company's major rival, which was founded by (wait for it), two former OpenAI employees.

Indeed, Silicon Valley couldn't have come into existence without California's ban on noncompetes – the first silicon company, Shockley Semiconductors, was founded by a malignant, delusional eugenicist who also couldn't manage a lemonade stand. His eight most senior employees (the "Traitorous Eight") quit his shitty company to found Fairchild Semiconductor, a rather successful chip shop – but not nearly so successful as the company that two of Fairchild's top employees founded after they quit: Intel:

https://pluralistic.net/2021/10/24/the-traitorous-eight-and-the-battle-of-germanium-valley/

Likewise a lie: the tale that noncompetes raise wages. This theory – beloved of people whose skulls are so filled with Efficient Market Hypothesis Brain-Worms that they've got worms dangling out of their nostrils and eye-sockets – holds that the right to sign a noncompete is an asset that workers can trade to their employers in exchange for better pay. This is absolutely true, provided you ignore reality.

Remember: the median noncompete-bound worker is a fast food employee making near minimum wage. The major application of noncompetes is preventing that worker from getting a raise from a rival fast-food franchisee. Those workers are losing wages due to noncompetes. Meanwhile, the highest paid workers in the country are all clustered in a a couple of cities in northern California, pulling down sky-high salaries in a state where noncompetes have been illegal since the gold rush.

If a capitalist wants to retain their workers, they can compete. Offer your workers get better treatment and better wages. That's how capitalism's alchemy is supposed to work: competition transmogrifies the base metal of a capitalist's greed into the noble gold of public benefit by making success contingent on offering better products to your customers than your rivals – and better jobs to your workers than those rivals are willing to pay. However, capitalists hate capitalism:

https://pluralistic.net/2024/04/18/in-extremis-veritas/#the-winnah

Capitalists hate capitalism so much that they're suing the FTC, in MAGA's beloved Fifth Circuit, before a Trump-appointed judge. The case was brought by Trump's financial advisors, Ryan LLC, who are using it to drum up business from corporations that hate Biden's new taxes on the wealthy and stepped up IRS enforcement on rich tax-cheats.

Will they win? It's hard to say. Despite what you may have heard, the case against the FTC order is very weak, as Matt Stoller explains here:

https://www.thebignewsletter.com/p/ftc-enrages-corporate-america-by

The FTC's statutory authority to block noncompetes comes from Section 5 of the FTC Act, which bans "unfair methods of competition" (hard to imagine a less fair method than indenturing your workers). Section 6(g) of the Act lets the FTC make rules to enforce Section 5's ban on unfairness. Both are good law – 6(g) has been used many times (26 times in the five years from 1968-73 alone!).

The DC Circuit court upheld the FTC's right to "promulgate rules defining the meaning of the statutory standards of the illegality the Commission is empowered to prevent" in 1973, and in 1974, Congress changed the FTC Act, but left this rulemaking power intact.

The lawyer suing the FTC – Anton Scalia's larvum, a pismire named Eugene Scalia – has some wild theories as to why none of this matters. He says that because the law hasn't been enforced since the ancient days of the (checks notes) 1970s, it no longer applies. He says that the mountain of precedent supporting the FTC's authority "hasn't aged well." He says that other antitrust statutes don't work the same as the FTC Act. Finally, he says that this rule is a big economic move and that it should be up to Congress to make it.

Stoller makes short work of these arguments. The thing that tells you whether a law is good is its text and precedent, "not whether a lawyer thinks a precedent is old and bad." Likewise, the fact that other antitrust laws is irrelevant "because, well, they are other antitrust laws, not this antitrust law." And as to whether this is Congress's job because it's economically significant, "so what?" Congress gave the FTC this power.

Now, none of this matters if the Supreme Court strikes down the rule, and what's more, if they do, they might also neuter the FTC's rulemaking power in the bargain. But again: so what? How is it better for the FTC to do nothing, and preserve a power that it never uses, than it is for the Commission to free the 35-40 million American workers whose bosses get to use the US court system to force them to do a job they hate?

The FTC's rule doesn't just ban noncompetes – it also bans TRAPs ("training repayment agreement provisions"), which require employees to pay their bosses thousands of dollars if they quit, get laid off, or are fired:

https://pluralistic.net/2022/08/04/its-a-trap/#a-little-on-the-nose

The FTC's job is to protect Americans from businesses that cheat. This is them, doing their job. If the Supreme Court strikes this down, it further delegitimizes the court, and spells out exactly who the GOP works for.

This is part of the long history of antitrust and labor. From its earliest days, antitrust law was "aimed at dollars, not men" – in other words, antitrust law was always designed to smash corporate power in order to protect workers. But over and over again, the courts refused to believe that Congress truly wanted American workers to get legal protection from the wealthy predators who had fastened their mouth-parts on those workers' throats. So over and over – and over and over – Congress passed new antitrust laws that clarified the purpose of antitrust, using words so small that even federal judges could understand them:

https://pluralistic.net/2023/04/14/aiming-at-dollars/#not-men

After decades of comatose inaction, Biden's FTC has restored its role as a protector of labor, explicitly tackling competition through a worker protection lens. This week, the Commission blocked the merger of Capri Holdings and Tapestry Inc, a pair of giant conglomerates that have, between them, bought up nearly every "affordable luxury" brand (Versace, Jimmy Choo, Michael Kors, Kate Spade, Coach, Stuart Weitzman, etc).

You may not care about "affordable luxury" handbags, but you should care about the basis on which the FTC blocked this merger. As David Dayen explains for The American Prospect: 33,000 workers employed by these two companies would lose the wage-competition that drives them to pay skilled sales-clerks more to cross the mall floor and switch stores:

https://prospect.org/economy/2024-04-24-challenge-fashion-merger-new-antitrust-philosophy/

In other words, the FTC is blocking a $8.5b merger that would turn an oligopoly into a monopoly explicitly to protect workers from the power of bosses to suppress their wages. What's more, the vote was unanimous, include the Commission's freshly appointed (and frankly, pretty terrible) Republican commissioners:

https://www.ftc.gov/news-events/news/press-releases/2024/04/ftc-moves-block-tapestrys-acquisition-capri

A lot of people are (understandably) worried that if Biden doesn't survive the coming election that the raft of excellent rules enacted by his agencies will die along with his presidency. Here we have evidence that the Biden administration's anti-corporate agenda has become institutionalized, acquiring a bipartisan durability.

And while there hasn't been a lot of press about that anti-corporate agenda, it's pretty goddamned huge. Back in 2020, Tim Wu (then working in the White wrote an executive order on competition that identified 72 actions the agencies could take to blunt the power of corporations to harm everyday Americans:

https://www.eff.org/deeplinks/2021/08/party-its-1979-og-antitrust-back-baby

Biden's agency heads took that plan and ran with it, demonstrating the revolutionary power of technical administrative competence and proving that being good at your job is praxis:

https://pluralistic.net/2022/10/18/administrative-competence/#i-know-stuff

In just the past week, there's been a storm of astoundingly good new rules finalized by the agencies:

A minimum staffing ratio for nursing homes;

The founding of the American Climate Corps;

A guarantee of overtime benefits;

A ban on financial advisors cheating retirement savers;

Medical privacy rules that protect out-of-state abortions;

A ban on junk fees in mortgage servicing;

Conservation for 13m Arctic acres in Alaska;

Classifying "forever chemicals" as hazardous substances;

A requirement for federal agencies to buy sustainable products;

Closing the gun-show loophole.

That's just a partial list, and it's only Thursday.

Why the rush? As Gerard Edic writes for The American Prospect, finalizing these rules now protects them from the Congressional Review Act, a gimmick created by Newt Gingrich in 1996 that lets the next Senate wipe out administrative rules created in the months before a federal election:

https://prospect.org/politics/2024-04-23-biden-administration-regulations-congressional-review-act/

In other words, this is more dazzling administrative competence from the technically brilliant agencies that have labored quietly and effectively since 2020. Even laggards like Pete Buttigieg have gotten in on the act, despite a very poor showing in the early years of the Biden administration:

https://pluralistic.net/2023/02/11/dinah-wont-you-blow/#ecp

Despite those unpromising beginnings, the DOT has gotten onboard the trains it regulates, and passed a great rule that forces airlines to refund your money if they charge you for services they don't deliver:

https://www.whitehouse.gov/briefing-room/statements-releases/2024/04/24/fact-sheet-biden-harris-administration-announces-rules-to-deliver-automatic-refunds-and-protect-consumers-from-surprise-junk-fees-in-air-travel/

The rule also bans junk fees and forces airlines to compensate you for late flights, finally giving American travelers the same rights their European cousins have enjoyed for two decades.

It's the latest in a string of muscular actions taken by the DOT, a period that coincides with the transfer of Jen Howard from her role as chief of staff to FTC chair Lina Khan to a new gig as the DOT's chief of competition enforcement:

https://prospect.org/infrastructure/transportation/2024-04-25-transportation-departments-new-path/

Under Howard's stewardship, the DOT blocked the merger of Spirit and Jetblue, and presided over the lowest flight cancellation rate in more than decade:

https://www.transportation.gov/briefing-room/2023-numbers-more-flights-fewer-cancellations-more-consumer-protections

All that, along with a suite of protections for fliers, mark a huge turning point in the US aviation industry's long and worsening abusive relationship with the American public. There's more in the offing, too including a ban on charging families extra for adjacent seats, rules to make flying with wheelchairs easier, and a ban on airlines selling passenger's private information to data brokers.

There's plenty going on in the world – and in the Biden administration – that you have every right to be furious and/or depressed about. But these expert agencies, staffed by experts, have brought on a tsunami of rules that will make every working American better off in a myriad of ways. Those material improvements in our lives will, in turn, free us up to fight the bigger, existential fights for a livable planet, free from genocide.

It may not be a good time to be alive, but it's a much better time than it was just last week.

And it's only Thursday.

If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2024/04/25/capri-v-tapestry/#aiming-at-dollars-not-men

#doj #department of justice #justice department #cnn #news #mckinsey #mckinsey and company #cory doctorow #pluralistic

[1randomweirdo]

support trans people.

[1randomweirdo]

Greedflation, but for prisoners

I'm touring my new, nationally bestselling novel The Bezzle! Catch me TOMORROW (Apr 21) in TORINO, then Marin County (Apr 27), Winnipeg (May 2), Calgary (May 3), Vancouver (May 4), and beyond!

Today in "Capitalists Hate Capitalism" news: The Appeal has published the first-ever survey of national prison commissary prices, revealing just how badly the prison profiteer system gouges American's all-time, world-record-beating prison population:

https://theappeal.org/locked-in-priced-out-how-much-prison-commissary-prices/

Like every aspect of the prison contracting system, prison commissaries – the stores where prisoners are able to buy food, sundries, toiletries and other items – are dominated by private equity funds that have bought out all the smaller players. Private equity deals always involve gigantic amounts of debt (typically, the first thing PE companies do after acquiring a company is to borrow heavily against it and then pay themselves a hefty dividend).

The need to service this debt drives PE companies to cut quality, squeeze suppliers, and raise prices. That's why PE loves to buy up the kinds of businesses you must spend your money at: dialysis clinics, long-term care facilities, funeral homes, and prison services.

Prisoners, after all, are a literal captive market. Unlike capitalist ventures, which involve the risk that a customer will take their business elsewhere, prison commissary providers have the most airtight of monopolies over prisoners' shopping.

Not that prisoners have a lot of money to spend. The 13th Amendment specifically allows for the enslavement of convicted criminals, and so even though many prisoners are subject to forced labor, they aren't necessarily paid for it:

https://pluralistic.net/2024/04/02/captive-customers/#guillotine-watch

Six states ban paying prisoners anything. North Carolina caps prisoners' pay at one dollar per day. Nationally, prisoners earn $0.52/hour, while producing $11b/year in goods and services:

https://www.dollarsandsense.org/archives/2024/0324bowman.html

So there's a double cruelty to prison commissary price-gouging. Prisoners earn far less than any other kind of worker, and they pay vastly inflated prices for the necessities of life. There's also a triple cruelty: prisoners' families – deprived of an incarcerated breadwinner's earnings – are called upon to make up the difference for jacked up commissary prices out of their own strained finances.

So what does prison profiteering look like, in dollars and sense? Here's the first-of-its-kind database tracking the costs of food, hygiene items and religious items in 46 states:

https://theappeal.org/commissary-database/

Prisoners rely heavily on commissaries for food. Prisons serve spoiled, inedible food, and often there isn't enough to go around – prisoners who rely on the food provided by their institutions literally starve. This is worst in prisons where private equity funds have taken over the cafeteria, which is inevitable accompanied by swingeing cuts to food quality and portions:

https://theappeal.org/prison-food-virginia-fluvanna-correctional-center/

So you have one private equity fund starving prisoners, and another that's gouging them on food. Or sometimes it's the same company. Keefe Group, owned by HIG Capital, provides commissaries to prisons whose cafeterias are managed by other HIG Capital portfolio companies like Trinity Services Group. HIG also owns the prison health-care company Wellpath – so if they give you food poisoning, they get paid twice.

Wellpath delivers "grossly inadequate healthcare":

https://theappeal.org/massachusetts-prisons-wellpath-dentures-teeth/

And Trinity serves "meager portions of inedible food":

https://theappeal.org/clayton-county-jail-sheriff-election/

When prison commissaries gouge on food, no part of the inventory is spared, even the cheapest items. In Florida, a packet of ramen costs $1.06, 300% more inside the prison than it does at the Target down the street:

https://www.documentcloud.org/documents/24444312-fl_doc_combined_commissary_lists#document/p6/a2444049

America's prisoners aren't just hungry, they're also hot. The climate emergency is sending temperatures in America's largely un-air-conditioned prisons soaring to dangerous levels. Commissaries capitalize on this, too: an 8" fan costs $40 in Delaware's Sussex Correctional Institution. In Georgia, that fan goes for $32 (but prisoners are not paid for their labor in Georgia pens). And in scorching Texas, the commissary raised the price of water by 50% last summer:

https://www.tpr.org/criminal-justice/2023-07-20/texas-charges-prisoners-50-more-for-water-for-as-heat-wave-continues

Toiletries are also sold at prices that would make an airport gift-shop blush. Need denture adhesive? That's $12.28 in an Idaho pen, triple the retail price. 15% of America's prisoners are over 55. The Keefe Group – sister company to the "grossly inadequate" healthcare company Wellpath – operates that commissary. In Oregon, the commissary charges a 200% markup on hearing-aid batteries. Vermont charges a 500% markup on reading glasses. Imagine spending decades in prison: toothless, blind, and deaf.

Then there's the religious items. Bibles and Christmas cards are surprisingly reasonable, but a Qaran will run you $26 in Vermont, where a Bible is a mere $4.55. Kufi caps – which cost $3 or less in the free world – go for $12 in Indiana prisons. A Virginia prisoner needs to work for 8 hours to earn enough to buy a commissary Ramadan card (you can buy a Christmas card after three hours' labor).

Prison price-gougers are finally facing a comeuppance. California's new BASIC Act caps prison commissary markups at 35% (California commissaries used to charge 63-200% markups):

https://theappeal.org/price-gouging-in-california-prisons-newsom-signature/

Last year, Nevada banned any markup on hygiene items:

https://www.leg.state.nv.us/App/NELIS/REL/82nd2023/Bill/10425/Overview

And prison tech monopolist Securus has been driven to the brink of bankruptcy, thanks to the activism of Worth Rises and its coalition partners:

https://pluralistic.net/2024/04/08/money-talks/

When someone tells you who they are, believe them the first time. Prisons show us how businesses would treat us if they could get away with it.

If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2024/04/20/captive-market/#locked-in

[1randomweirdo]

some of my favourite sign fails <3

[1randomweirdo]

Source - style epretty.com

[1randomweirdo]

I was genuinely afraid to click; I thought I was about to get Rick Rolled! 😂

But it's really a poem! And it's really good!

(Tw/cw: an old word is used that is now considered a slur)

never let anyone tell you that trawling through mediocre victorian poetry isn't worth it. we just happened upon an absolute BANGER of a worm poem. go read it or else 🪱🪱🪱

[1randomweirdo]

JUSTICE VS. JUDGEMENT

When you hurt someone unfairly

Justice: “You will be punished for what you did.”

Judgement: “You will feel guilty and atone for your sins.”

When someone hurt you unfairly

Justice: “They are about to get what they deserve.”

Judgement: “This ordeal was meant to awaken your power.”

When you are asking about a potential lover

Justice: “A Libra is coming. Someone lovely and graceful.”

Judgement: “A Scorpio is coming. Someone dangerously beautiful.”

When you are asking about a current lover

Justice: “They will leave after they have taught you a lesson.”

Judgement: “They are the one you will spend forever with.”

When you are questioning someone’s loyalty

Justice: “This person is fair but not devoted.”

Judgement: “This person will kill and die for you.”

When you are asking about money

Justice: “The money you deserve will be handed to you.”

Judgement: “You will discover how to make the money you need.”

When you are asking about a career path

Justice: “This is the smart and safe choice.”

Judgement: “This is your true calling. Your life purpose.”

When you are asking about a legal matter

Justice: “Whatever is fair and truthful will prevail.”

Judgement: “Whatever happens will change your life forever.”

When you are asking about health

Justice: “Balance will be achieved, but full recovery is impossible.”

Judgement: “Your wellbeing and vitality will be reborn completely.”

As you can see, Justice is passive, while Judgement is active. If life is a game that we play, Justice simply declares the winners and the losers. Judgement, however, is the crowd that is cheering you on or booing you out.

[1randomweirdo]

Oh.

Shit.

Yeah, they're going to vote to restore Net Neutrality on April 25th... with some 'compromises'. Fucking fuck.

Mobile carriers could still throttle speeds for mobile internet and apps.

And they'll get away with it because *web* traffic won't be throttled - but websites are trying to force us to use apps. It's effectively more of the same.

(And reminder: you can install ad blockers and privacy blockers for web pages; you can't on apps. It's literally illegal)

Damn it all.

Forgot to share this yesterday!

Hey my fellow Americans, remember Net Neutrality? (Remember the douche with the comically oversized 'reese's pieces' coffee mug, Ajit Pai?) Quick rehash: Pai repealed it, and lacking Net Neutrality means Big Tech/Phone companies can hinder, slow, or block access to any sites they want for any reason (perhaps some of you recall Verizon throttling service of firefighters out west *while they were battling wildfires* - or how ads now just say internet speeds may decrease during peak hours? Net Neutrality makes it so that can't happen)

Well now that the aforementioned douche is not there, the FCC is considering restoring it! This is *huge*, and there's an easy way to submit comments to both the FCC *and* your members of Congress, below.

It's a pre-made form letter; all you have to do is enter your info (though I recommend adding something to the letter, just to prove to the recipients that they're not getting bot comments. Even just adding your name and saying "I agree with the comments below" or something is fine)

An action we can all take, that just takes a few moments (just be sure to uncheck the boxes at the bottom if you don't want to be added to email lists)

Link to send comments to FCC:

#net neutrality #broadband #internet #free and open internet #mobile #mobile apps #mobile internet

[1randomweirdo]

[1randomweirdo]

Broke:

Belle has Stockholm syndrome because she falls in love with the Beast, her kidnapper.

Woke:

Stockholm syndrome was coined to slander a woman who had been in a hostage situation but openly criticized the poor police response which recklessly put her in more danger and escalated the violence. She was then belittled and discredited publically by the police for this.

So. Yeah. Maybe Belle does have Stockholm syndrome actually.

[1randomweirdo]

Shark and octopus tiles

[1randomweirdo]

[1randomweirdo]

[1randomweirdo]

EEEEEEEEEEE!! 🤩

https://www.reuters.com/technology/fcc-vote-restore-net-neutrality-rules-reversing-trump-2024-04-02/

Forgot to share this yesterday!

Hey my fellow Americans, remember Net Neutrality? (Remember the douche with the comically oversized 'reese's pieces' coffee mug, Ajit Pai?) Quick rehash: Pai repealed it, and lacking Net Neutrality means Big Tech/Phone companies can hinder, slow, or block access to any sites they want for any reason (perhaps some of you recall Verizon throttling service of firefighters out west *while they were battling wildfires* - or how ads now just say internet speeds may decrease during peak hours? Net Neutrality makes it so that can't happen)

Well now that the aforementioned douche is not there, the FCC is considering restoring it! This is *huge*, and there's an easy way to submit comments to both the FCC *and* your members of Congress, below.

It's a pre-made form letter; all you have to do is enter your info (though I recommend adding something to the letter, just to prove to the recipients that they're not getting bot comments. Even just adding your name and saying "I agree with the comments below" or something is fine)

An action we can all take, that just takes a few moments (just be sure to uncheck the boxes at the bottom if you don't want to be added to email lists)

Link to send comments to FCC:

#fcc #net neutrality #computers #telecommunication #telecommunications #change for the better #YESSS #good news

[1randomweirdo]

Okay, so, looks like Google Docs might actually start implementing their rule about not sharing explicit content. (This includes writing.) How in the ever loving fuck am I supposed to back up 1,000+ stories that equate to 3 million+ words into fucking Microsoft Word????? And efficiently, for that matter?! HELP.