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  • West’s oil price cap fails to empty Russian war chest

    West’s oil price cap fails to empty Russian war chest

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    Western efforts to undermine the Kremlin’s war in Ukraine through a price cap on Russia’s all-important oil income are falling short. Hopes that Moscow could run out of cash for weapons and soldiers’ salaries are fading, industry insiders warn, as Russia sells its oil exports well above a $60-per-barrel price cap imposed by the G7+ nations, boosted by strong Chinese and Indian demand.

    Russia’s main crude blend, Urals, broke through the cap imposed by G7+ countries on the open market in June, and has since pushed above $80 per barrel last month. It is currently trading at around $75 a barrel.

    That means Russian President Vladimir Putin can keep the war going for longer: Strong oil revenues allow Moscow to purchase more arms and bolster the civilian economy. Isolating Russia from global markets has been a key pillar of the U.S. and EU strategy to counter the invasion, along with supplying weapons to Ukraine. Russian spending plans reveal that it will allocate a third of its annual budget to defense next year, indicating its top brass are confident they can outlast and outspend the West.

    Besides higher prices, Russia is also selling more crude by volume, with seaborne exports rising 10 percent last month to 3.37 million barrels a day — well above the pre-war average of 3.1 million, according to data from commodities giant S&P.

    “The price cap has absolutely failed,” Fotios Katsoulas, lead analyst for tanker shipping at S&P, told POLITICO from London. “Across the market we expect that all of the cargoes of Russian barrels are now trading above the price cap.”

    The high prices are driven by a strong global market, he said, with benchmark Brent crude flirting with $100 a barrel in recent weeks. With benchmarks so high, Russian crude offers a tempting discount even at $80 or more.

    Russia has been working to actively subvert the sanctions, taking advantage of a “shadow fleet” of aging tankers willing to carry oil in violation of the sanctions — often obscuring their ownership and even hiding the true origin of their cargo.

    “New companies have been established in the [United Arab] Emirates, India, China and so on, increasing the tonnage they control, buying older vessels, not operating under Western insurance providers,” said Katsoulas, arguing the move means they’re effectively immune to the consequences of violating the price cap. China and India are now the largest destinations for Russian seaborne crude, followed by Turkey.

    A senior economist at one major trading firm, granted anonymity to speak frankly on sensitive regulatory issues, warned there is little Western policymakers can do to enforce the rules without overheating an already frothy market.

    “The U.S. administration probably will prefer to not penalize freight and insurance companies involved in breaking the $60 limit because that would risk even higher crude oil prices,” the trader said.

    You can leave your cap on

    A spokesperson for the European Commission acknowledged that there had been “recent fluctuations in oil prices above the G7+ price cap level,” but insisted “this does not mean that the price cap is not working.”

    “To continue the successful enforcement of the oil price caps across the international coalition, it is indeed vital to counter Russian attempts to undermine its functioning,” the official added, pointing out that the bloc has sought to target rogue ship operators in its 11th package of sanctions against Moscow in May.

    Strong oil revenues allow Moscow to purchase more arms and bolster the civilian economy | Matthew Stockman/Getty Images

    Maria Shagina, a sanctions researcher at the International Institute for Strategic Studies, cautioned against giving up on the price cap. Instead, “we now need to make sure the cap is watertight, that the mechanism is more robust than it is now.”

    “Tighter enforcement would make a difference to the Russian budget — when there was more compliance from January through to August we saw Russian revenues drop 50 percent year on year and they struggled to cope with social spending and war-related spending,” Shagina said. “Now the cap is failing, but it hasn’t ultimately failed. If we tighten the screws we can bring it back to life.”

    That could be difficult without the U.S. Last month, five diplomats from EU countries told POLITICO that despite growing awareness that the restrictions aren’t functioning properly, there is little appetite among the bloc’s governments to change it. “The Americans have said from their point of view that it’s working,” said one envoy, with another pointing out that little would change without U.S. support for tighter rules.

    Ukrainian President Volodymyr Zelenskyy’s top economic adviser, Oleg Ustenko, used an interview with POLITICO in August to urge the West to both tighten the cap to just $30, and to close a “loophole” that allows countries like India, Turkey and China to export fuel refined from Russian crude to the global market without restrictions.

    Responding to a request for comment, the U.S. State Department said that “the coalition continues to watch market conditions closely” and argued that current measures have already “rendered the Russian military-industrial complex unable to produce and maintain critical equipment for operations in Ukraine.”

    Victor Jack contributed reporting.

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    October 5, 2023
  • John Oliver returns to his HBO show, urging more workers to unionize | CNN Business

    John Oliver returns to his HBO show, urging more workers to unionize | CNN Business

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    New York
    CNN
     — 

    Comedian John Oliver returned to his HBO show “Last Week Tonight” on Sunday, becoming the latest late night host to air a new program following the end of the writers’ strike.

    “We missed so much that it would take a whole new version of Billy Joel’s ‘We Didn’t Start the Fire’ to cover it,” Oliver joked following a 15-minute recap of everything his show missed since going off air in April. (Oliver’s show airs on HBO, which like CNN, is owned by Warner Bros. Discovery.)

    “I wish so much that I could have told you these jokes at the time, but I couldn’t because our writers — the people who wrote those jokes — were forced to strike for a fair contract for the last five months, and it was an immensely difficult time,” he said. “Not just for them, but for everyone else working on this show and many others who could no longer do their jobs.”

    Oliver said that the strike happened for “good reasons” and said the writers “thankfully won” after being “severely squeezed in recent years” referencing reports that some writers don’t make enough for health insurance.

    “So the writers’ guild went on strike and thankfully won, but it took a lot of sacrifices from a lot of people to achieve that, and while I am happy that they eventually got a deal, and I’m proud of what our union accomplished, I’m also furious that it took the studios 148 days to achieve a deal that they could have offered on day f–king one.”

    He continued that he hopes the success of the writers strike encourages others, including auto workers and Starbucks employees, to “find power in each other.” Oliver said that actors, who are also currently on strike, are “able to take what the writers achieved and leverage it to win fair contracts too because the truth is it takes many people working really hard to make film and TV, all of whom deserve a piece of the pie.”

    “For the actors guild, in particular, they can not come back to work soon enough, especially as we’ve all now seen what happens when non-professionals are trusted with the written word,” he said.

    Last week, the Writers Guild of America unanimously voted to authorize its members to return to work following a 148-day strike with the Alliance of Motion Picture and Television Producers (AMPTP) that paralyzed the industry and halted production of several shows, including Oliver’s. Bill Maher returned to his show last Friday and the network hosts, such as Jimmy Kimmel and Jimmy Fallon, will air new programs Monday.

    The contract, which will expire in May 2026, includes pay increases, better benefits, protections against the studios’ use of artificial intelligence, guarantees for streaming compensation, longer-duration employment terms and other perks.

    Now the focus turns to negotiations between SAG-AFTRA, the union representing about 160,000 actors, and the AMPTP. The two sides are expected to begin negotiating again Monday and hopefully get closer to ending their strike, which has been happening since mid-July.

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    October 2, 2023
  • Stock Plays for October: 3 to Watch, According to J.P. Morgan

    Stock Plays for October: 3 to Watch, According to J.P. Morgan

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    The stock market is entering October a little battered and bruised after September’s selloff. However, that also offers opportunities and


    J.P. Morgan


    analysts have some ideas for where to invest at the start of t…

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    October 2, 2023
  • Tesla Delivery Numbers Are Coming. Here’s What To Expect.

    Tesla Delivery Numbers Are Coming. Here’s What To Expect.

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    This copy is for your personal, non-commercial use only. To order presentation-ready copies for distribution to your colleagues, clients or customers visit http://www.djreprints.com.

    https://www.barrons.com/articles/tesla-delivery-numbers-are-coming-221f59d7



    Oct. 1, 2023 11:43 am ET

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    October 1, 2023
  • Detained WSJ reporter Evan Gershkovich’s parents describe what it was like seeing him in Russia | CNN Business

    Detained WSJ reporter Evan Gershkovich’s parents describe what it was like seeing him in Russia | CNN Business

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    New York
    CNN
     — 

    Wall Street Journal reporter Evan Gershkovich remains “defiant” six months after he was detained in Russia on spying charges, which he and the Journal strenuously deny, his mother told CNN’s Anderson Cooper Thursday night.

    “He’s smiling. He understands what’s going on,” Ella Milman said. “And I have to say, under all the circumstances, he’s doing really well.”

    Gershkovich’s parents have been able to go to Russia twice. They saw him in June and were able to talk to him, though Cooper noted he was essentially in a glass box.

    “Being there, it was like having him back,” his father, Mikhail Gershkovich, said. “Just the physical presence and his voice made you very happy.”

    Gershkovich was arrested in March during a reporting trip. The FSB, Russia’s main security service, accused him of trying to obtain state secrets — a charge Gershkovich and his employer have extensively denied.

    If convicted, he faces up to 20 years in prison.

    Gershkovich’s parents left the Soviet Union to come to the United States. Evan’s initial reporting trips in the country didn’t worry the two of them.

    “He came to Russia in 2017. Things were a lot different at the time,” Milman said.

    The family keeps in touch with Gershkovich through letters, which are up to 10 pages long and include printed pictures. His sister, Danielle Gershkovich, says they can hear his voice through his writing — fitting, Cooper noted, as he’s a print journalist.

    “It’s like sitting on the couch,” Milman said. “The only thing is that the answer comes the following week.”

    Those who want to help need to keep the focus on Evan, Danielle said, whether it’s people posting on social media or reading his reporting.

    From a young age, Gershkovich was curious and easily connected with people, Milman said.

    “He always would come home after his fancy trips and wanted to have a hamburger and buffalo wings and watch baseball and watch American football,” Milman said. “He’s an American boy who has roots in Russian culture.”

    The journalist’s detention is a source of tension between Washington and Moscow.

    “The US position remains unwavering. The charges against Evan are baseless. The Russian government locked Evan up for simply doing his job. Journalism is not a crime,” US ambassador to Russia Lynne Tracy said to reporters earlier this month.

    In September, a Moscow court refused to hear an appeal against his pre-trial detention, leaving Gershkovich behind bars. His pre-trial detention has been extended twice since his arrest, once in May and again in August. An appeal against his first pre-trial detention was also denied.

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    September 28, 2023
  • 5 takeaways from America’s landmark lawsuit against Amazon | CNN Business

    5 takeaways from America’s landmark lawsuit against Amazon | CNN Business

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    Washington
    CNN
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    An antitrust lawsuit from 17 states and the Federal Trade Commission this week against Amazon represents the US government’s biggest regulatory challenge yet against the e-commerce juggernaut.

    The landmark case targets Amazon’s retail platform, alleging that it’s harmed shoppers and sellers alike on a massive scale.

    Through an alleged “self-reinforcing cycle of dominance and harm,” the plaintiffs claim, Amazon has run an illegal monopoly in ways that are “paying off for Amazon, but at great cost to tens of millions of American households and hundreds of thousands of sellers.”

    In response, Amazon has argued the case is “wrong on the facts and the law” and warned that a victory for the FTC would lead to slower shipping times or higher prices, including perhaps for Amazon’s Prime subscription service.

    Here are five of the biggest highlights and takeaways from the plaintiffs’ 172-page lawsuit.

    The plaintiffs’ central claim is that Amazon has used a variety of tactics to lure shoppers and sellers onto its platform and then to trap them there, preventing other online retailers like Walmart, Target or eBay from attracting those same consumers and vendors to their own sites.

    Walmart, Target and eBay are not parties to the suit.

    Not only has that lock-in effect hurt competition between the likes of Amazon and Walmart, the lawsuit claims, but it has also given Amazon confidence it can exploit its sellers and shoppers with impunity — allowing the company to extract ever more value from them without fear those people will leave for a rival platform.

    The complaint portrays Amazon as offering a kind of Faustian bargain — first enticing sellers with the ability to access tens of millions of potential customers and drawing in shoppers with low prices and numerous Prime benefits, such as Amazon Music and Prime Video, that other e-commerce platforms can’t hope to match.

    Then, in the plaintiffs’ narrative, Amazon takes advantage of sellers’ and shoppers’ dependence by increasing platform fees; bloating its search results with advertising that sellers are forced to buy if they want any hope of reaching shoppers; requiring sellers to use Amazon’s in-house fulfillment services if they want the best seller benefits, including the coveted “Prime” badge; and punishing sellers who try to sell their goods elsewhere online at a lower price than on Amazon.

    The overall result, the plaintiffs claim, is a worse experience for Amazon users and artificially high prices for everyone, including on non-Amazon platforms.

    “There are internet-wide effects here,” FTC Chair Lina Khan told reporters on a conference call Tuesday.

    Amazon has responded that the lawsuit “reveals the Commission’s fundamental misunderstanding of retail.” Amazon’s general counsel, David Zapolsky, wrote in a blog post that the company’s pricing programs for sellers are meant to “help them offer competitive prices,” that consumers “love Prime because it’s such a great experience,” and that the claim “that we somehow force sellers to use our optional services is simply not true.”

    A big, swirling question is whether Amazon could be broken up as a result of this suit.

    Officially, the FTC is saying that talk of a breakup is premature.

    “At this stage, the complaint is really focused on the issue of liability,” Khan said at an event hosted by Bloomberg News on Tuesday, hours after the lawsuit was filed.

    If the courts find that Amazon did violate the law, then there could be a separate remedies phase to consider potential penalties.

    A breakup is not off the table. The plaintiffs’ complaint, filed in Seattle federal court, suggests that any court order to address the issue could include “structural relief,” a legal term referring to a potential breakup of Amazon.

    Khan also left open the possibility that Amazon executives could be held personally liable and added to the case if there is sufficient evidence of their responsibility for Amazon’s alleged misconduct.

    “We want to make sure that we are bringing cases against the right defendants,” Khan said in response to a question from CNN about whether the FTC considered naming specific executives in Tuesday’s case. “If we think that there is a basis for doing so, we won’t hesitate to do that.”

    Those remarks echo what Khan has said elsewhere about her willingness to name individuals in FTC enforcement actions. Just this month, the FTC added three Amazon officials to a separate consumer protection case dealing with Amazon Prime.

    An entire section of the complaint is devoted to a mysterious algorithm Amazon has developed named Project Nessie. Virtually every detail surrounding Project Nessie is heavily redacted from the complaint, but what little is revealed about the program suggests it is an “algorithmic tool” and “pricing system” that has allegedly helped Amazon “extract” an undisclosed amount of “excess profit” from Amazon shoppers.

    Amazon did not respond to CNN’s questions about Project Nessie. And Project Nessie isn’t the only matter subject to redactions in the lawsuit; black bars obscuring key business numbers, executive testimony and other evidence are strewn throughout the complaint.

    In response to public questioning about the redactions, FTC spokesperson Douglas Farrar said in a statement: “We share the frustration that much of the data and quotes by Amazon executives … is redacted,” and that “we do not believe that there are compelling reasons to keep much of this information secret from the public.”

    Farrar added that Amazon has a limited procedural window in which to file arguments for why many of the redacted details should remain sealed.

    Whether the FTC can prove in court that Amazon’s actions are illegal will hinge, to a large degree, on showing that Amazon has monopolized certain specific markets.

    The exercise is not as simple as pointing to Amazon’s sales figures or the percentage of online shopping that happens on Amazon’s platform. Instead, the plaintiffs have to show that Amazon is part of a well-defined geographic and economic market that it dominates.

    The complaint tries to define two such markets in the United States: a market the plaintiffs label as “online superstores” — essentially describing large retail websites that offer many different types of goods, with convenient search, checkout and shipping features for consumers — and a seller-focused “online marketplace services” market that grants third-party vendors access to customers, provides them with sales tools like data analytics and listing services, and a review or product ratings system, among other things.

    Expect Amazon to try to challenge how the plaintiffs draw their market boundaries. Zapolsky’s blog post argues that the plaintiffs have attempted to “gerrymander” their proposed markets to make it look like Amazon is more dominant than it is.

    Whether that argument succeeds will be up to the court, but it is clear the plaintiffs have carefully crafted their market definitions. For example, they claim that in this case, Amazon can’t be said to compete with online grocery delivery services such as FreshDirect or Instacart because of the unique and often hyper-local constraints of shipping perishable goods. The FTC also wants to exclude medium-sized or interest-specific retail sites that don’t offer a wide variety of products. Presumably this might exclude websites belonging to companies like the pet care retailer Chewy, or the electronics seller Best Buy.

    FreshDirect, Instacart, Chewy and Best Buy are not parties to the suit.

    Excluding those types of companies allows the plaintiffs to make claims such as that “Amazon’s share of the overall value of goods sold by online superstores is well above 60% — and rising.”

    Even as the lawsuit takes on some of the most important parts of Amazon’s retail business, there is much that the suit doesn’t cover.

    In recent years, critics of Amazon have lobbed a kitchen sink of antitrust allegations at the company, including that it snoops on seller data to figure out what products it should sell under its own brand; that the fact Amazon sells its own products alongside third-party sellers creates an anticompetitive conflict of interest; that Amazon has used predatory pricing to weaken rivals and to ultimately acquire them; and that Amazon wields enormous power in labor markets. Many of these observations were included as part of a 450-page congressional report that Khan helped author while working as a House Judiciary Committee staffer prior to being appointed to the FTC.

    Amazon founder Jeff Bezos has acknowledged in congressional testimony the possibility that employees may have inappropriately accessed seller data in violation of company policy, but Amazon has broadly disputed most of the other allegations.

    Virtually none of those claims, however, are reflected in this week’s lawsuit. The complaint does allege that Amazon biases its search results to rank its own products higher than those sold by third parties, but largely as a byproduct of Amazon’s main moves to protect its dominance.

    The complaint doesn’t articulate how regulators came to select some allegations and not others.

    When a reporter asked Khan to reflect on her past criticism of how narrowly courts have focused on the issue of consumer prices, in contrast to Tuesday’s Amazon suit that mentions the word “price” some 223 times, not including any redacted parts, Khan said her job was to present the case that stood the best chance of winning.

    “As enforcers, we want to both follow the facts where they take us and also look at how the law applies to the facts,” Khan said. “You want to bring the strongest case that you can.”

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    September 28, 2023
  • France, Germany pave the way to making weapons in Ukraine

    France, Germany pave the way to making weapons in Ukraine

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    PARIS — French and German defense companies are setting up local shops in Ukraine for arms maintenance — a first step toward manufacturing weapons in the country. 

    This week, Germany’s Federal Cartel Office gave the green light to a proposed joint venture between Rheinmetall, a German arms maker, and the Ukrainian Defense Industry, a Ukrainian state-owned defense group.

    France’s Armed Forces Minister Sébastien Lecornu traveled to Kyiv this week with about 20 French defense contractors — reportedly including Thales, MBDA, Nexter and Arquus — to facilitate partnerships with Ukrainian officials. 

    On Friday, the Ukrainian capital hosted the Defense Industries Forum, an arms fair attended by 165 defense companies from 26 countries.

    At the event, Ukrainian officials met directly with defense companies to sign contracts without going through Western governments, explore joint production opportunities and provide specific input about their needs on the ground in the fight against Russian President Vladimir Putin’s full-scale invasion.

    The goal is to “boost co-production and cooperation to strengthen Ukraine and our partners,” Ukrainian Foreign Minister Dmytro Kuleba said earlier this week. 

    The arms fair is taking place as Western armies, especially in Europe, are reaching the limit of what they can give to Ukraine from their own stocks. For the past few months, Ukraine has sought to ramp up its own arms industry, in part because U.S. elections in 2024 could mean a return of Donald Trump as president. The former leader has hinted at not providing much support to Kyiv if he wins a second term.

    As Kyiv prepares for a long war, capitals such as Paris are seeking to shift from donations to contracts and cooperation with the private sector.

    French pivot

    In the past week, French officials have started to hammer home a new message: France can no longer sustain giving weapons to Ukraine and will instead plug Ukrainian officials into the country’s defense industry.

    According to a government report, France delivered €640.5 million worth of weapons to Ukraine in 2022, including 704 missile launchers and portable anti-tank rocket launchers, 562 12.7mm machine guns, 118 missiles and missile launchers, and 60 armored fighting vehicles for free. 

    “We can’t continue to take resources from our armed forces indefinitely, otherwise we’ll be damaging our own defense capabilities and the training levels of our troops,” Lecornu told French TV Sunday.

    Ukrainian servicemen ride on a T-64 tank during a military training exercise in Kyiv region | Genya Savilov/AFP via Getty Images

    Creating bridges between Ukrainian officials and French companies will “create long-term solidity, a more contractual relationship for ammunition and maintenance,” he told lawmakers two days later.

    In Kyiv this week, French defense contractors did ink deals with Ukraine for artillery, armored vehicles, drones and mine clearance — including for cooperation in the war-torn country.

    According to Le Figaro, French firm Arquus signed a letter of intent Thursday to ensure the maintenance of armored personnel carriers on the ground, and could install a production facility in the future. Nexter CEO Nicolas Chamussy — the manufacturer of the Caesar self-propelled howitzer — also told the French outlet it was looking for a local partner to create a joint venture for maintenance. 

    French startup Vistory will build two 3D-printing factories to make spare parts, according to La Croix.  

    Germany, Sweden and UK

    France’s shift comes on the heels of similar plans with British arms manufacturer BAE Systems and the Swedish government. 

    In August, Kyiv and Stockholm signed a statement of intent to deepen cooperation “in production, operation, training, and servicing” of the Combat Vehicle 90 (CV90) platform, manufactured by a Swedish branch of BAE Systems. A few days later, BAE Systems announced it would set up a local entity to ramp up production of 105mm light artillery guns.

    The German competition authority’s decision this week to green-light Rheinmetall’s joint venture with the Ukrainian Defense Industry — which will be based in Kyiv and operate exclusively in Ukraine — paves the way for a partnership designed to maintain and service military vehicles. It will also include “assembly, production and development of military vehicles.”

    Both parties also hope to eventually develop military systems jointly, “including for subsequent export from Ukraine.”

    Rheinmetall CEO Armin Papperger expressed a desire to manufacture the company’s next generation Panther tank in Ukraine — up to 400 per year. Although still a prototype, the new tank would be the successor of the company’s Leopard 2 main battle tank.

    Laura Kayali reported from Paris. Caleb Larson reported from Berlin.

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    Laura Kayali

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    September 28, 2023
  • Paris bedbugs ‘hell’: Don’t panic, health chief urges

    Paris bedbugs ‘hell’: Don’t panic, health chief urges

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    French Health Minister Aurélien Rousseau wants the public to stay calm over bedbugs in Paris.

    In an interview with France Inter on Tuesday, Rousseau reassured citizens that there is “no reason for a general panic” and that France has not been “invaded by bedbugs.”

    The tiny insects have been spotted on public transport in the French capital over the past few weeks, raising alarm among residents and public officials.

    Last week, Paris Deputy Mayor Emmanuel Grégoire asked the government to take action to fight the “scourge” of bedbugs ahead of the 2024 Olympics, set to take place in the city next summer and bring a huge influx of tourists.

    Despite inviting the public to relax, Rousseau did add Tuesday that “when you have bedbugs, it’s hell.”

    In recent weeks, videos of bedbugs in trains and on the Paris metro have circulated on the internet. According to French news, bedbugs disappeared from France around 1950 before making a comeback in the 1990s due to increased international travel.

    France might not be the only country set for a bedbug battle: Belgian pest-control companies have reported a spike in calls about infestations in recent months.

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    Claudia Chiappa

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    September 28, 2023
  • PlayStation head Jim Ryan is stepping down | CNN Business

    PlayStation head Jim Ryan is stepping down | CNN Business

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    New York
    CNN
     — 

    PlayStation boss Jim Ryan is stepping down from the company, Sony announced Wednesday.

    The Sony Interactive Entertainment President and CEO will be retiring in March 2024 after 30 years in the PlayStation business.

    Sony Group Corporation president, COO and CFO Hiroki Totoki will assume the role of SIE chairman next month to “support” the transition, and will take over as interim CEO once Ryan retires.

    Ryan joined SIE in 1994 and was appointed CEO in 2019. He had previously held senior positions at the company including president of SIE Europe, head of global sales and marketing at SIE and deputy president of SIE.

    Ryan led the launch of the PlayStation 5, which the company said is PlayStation’s most successful platform.

    “I’ve found it increasingly difficult to reconcile living in Europe and working in North America,” Ryan said in a statement. “I will leave having been privileged to work on products that have touched millions of lives across the world.”

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    September 27, 2023
  • 3M agrees to pay almost $10 million to settle apparent Iran sanctions violations | CNN Business

    3M agrees to pay almost $10 million to settle apparent Iran sanctions violations | CNN Business

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    CNN
     — 

    3M has agreed to pay almost $10 million to settle apparent violations of Iranian sanctions, the US Office of Foreign Assets Control said last week.

    The agency said 3M had 54 apparent violations of OFAC sanctions on Iran. It said between 2016 and 2018, a 3M subsidiary in Switzerland allegedly knowingly sold reflective license plate sheeting through a German reseller to Bonyad Taavon Naja, an entity which is under Iranian law enforcement control.

    It’s the latest of a stream of high-publicity and high-dollar settlements that 3M — which makes Post-It notes, Scotch Tape, N95 masks and other industrial products — has made this year.

    3M has not replied to a request for comment regarding last week’s settlement announcement.

    One US person employed by 3M Gulf, a subsidiary in Dubai, was “closely involved” in the sale, OFAC said.

    The alleged sales occurred after an outside due diligence report, which flagged connections to Iran’s Law Enforcement Forces.

    OFAC notes Iranian law enforcement stands accused of human rights violations both in Iran and Syria.

    The Switzerland subsidiary, known as 3M East, sent 43 shipments to the German reseller even though it knew the products would be resold to the Iranian entity, according to the OFAC.

    OFAC said senior managers at 3M Gulf “willfully violated” sanctions laws and that other employees were “reckless in their handling” of the sales.

    “These employees had reason to know that these sales would violate U.S. sanctions, but ignored ample evidence that would have alerted them to this fact,” OFAC wrote.

    3M voluntarily self-disclosed the apparent violations after discovering the sale hadn’t been authorized, according to OFAC. It said it fired or reprimanded “culpable” employees involved, hired new trade compliance counsel, revamped sanctions trainings and stopped doing business with the German reseller.

    In June, 3M agreed to pay up to $10.3 billion over 13 years to fund public water suppliers in the United States that have detected toxic “forever chemicals” in drinking water.

    3M has faced thousands of lawsuits through the last two decades over its manufacturing of products containing polyfluoroalkyl and perfluoroalkyl substances (PFAS), which have been found in hundreds of household products.

    3M said that the multi-billion-dollar settlement over PFAS is not an admission of liability.

    A few months later, in August, the company agreed to pay $6 billion to resolve roughly 300,000 lawsuits alleging that the manufacturing company supplied faulty combat earplugs to the military that resulted in significant injuries, such as hearing loss.

    3M also said its earplug agreement was not an admission of liability.

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    September 25, 2023
  • Burgers and tacos don’t look like they do in ads. Lawsuits are trying to change that | CNN Business

    Burgers and tacos don’t look like they do in ads. Lawsuits are trying to change that | CNN Business

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    New York
    CNN
     — 

    When it comes to food advertising, what you see is rarely what you get. A flurry of recent lawsuits wants to change that.

    Over the past few years, lawyers have been bringing class action suits against fast food companies, alleging that they’re misrepresenting food in their marketing.

    Lawyers James Kelly and Anthony Russo, in particular, have been leading the charge, bringing cases against Taco Bell, Wendy’s, McDonald’s, Burger King and Arby’s. These companies use ads that don’t match up with their actual food, the suits allege.

    As evidence, the complaints feature images of food marketing alongside shots of their real-life counterparts. In the ads, burgers look tall, heaped with meat and cheese, topped with golden, rounded buns. But in the photos of burgers bought from a real fast food location, they’re flat, with meat and cheese barely peeking out of limp, white buns. Tacos are no different: In Taco Bell’s ads, Crunchwraps look hearty and plump. In photos in the lawsuit, they look flat and nearly empty. The suits are ongoing.

    “We saw a record number of food litigation lawsuits filed from 2020 to 2023, with hundreds of new suits every year,” said Tommy Tobin, a lawyer at Perkins Coie and Lecturer at UCLA Law, adding that “food litigation is a fast-growing area of law.”

    The explosion has been largely driven by the efforts of a handful of lawyers, including Russo and Kelly, said Bonnie Patten, executive director of Truth in Advertising, a nonprofit organization that focuses on protecting consumers from false advertising.

    Their cases focus on quantity, she said, essentially arguing that food in ads appears more bountiful than what customers actually get. Other lawyers, like Spencer Sheehan, focus on how food is described. Sheehan, a New York lawyer, has filed hundreds of class action suits focusing on misleading words on packaged foods — like use of the word “vanilla” on foods made with little or no actual vanilla.

    Major chains have also been targeted for how they describe food. Last year a class action suit was brought against Starbucks claiming that the chain is misleading buyers of its “Refreshers” beverages by naming them for ingredients they don’t have. The complaint states that, for example, “the Mango Dragonfruit and Mango Dragonfruit Lemonade Refreshers contain no mango,” and that in fact “all of the products are predominantly made with water, grape juice concentrate, and sugar.” Starbucks argued, among other things, that the fruits mentioned indicate a flavor rather than an ingredient.

    “The allegations in the complaint are inaccurate and without merit,” a Starbucks spokesperson said in a statement, adding, “we look forward to defending ourselves against these claims.”

    For a judge or jury to side with the plaintiffs in false advertising claims, lawyers have to successfully make the case that the ads would trick a “reasonable consumer,” Tobin, explained.

    “Under this standard, a court asks whether a reasonable consumer would be misled by the product’s marketing or labeling,” he said.

    The courts will have to draw the line between false advertising and just, well, advertising — which might be trickier than it sounds.

    Burger King, in a bid to dismiss the lawsuit against it, argued that its ads are fair.

    “Reasonable consumers viewing food advertising know” that food in ads “has been styled to make it look as appetizing as possible,” Burger King argued in a recent filing. That “innate” knowledge, plus the fact that a Whopper patty is always made with a quarter pound of beef, as promised, means that the ads are fine, according to Burger King.

    “The plaintiffs’ claims are false,” a Burger King spokesperson said in a statement about the lawsuit. “The flame-grilled beef patties portrayed in our advertising are the same patties used in the millions of Whopper sandwiches we serve to guests nationwide.” Arby’s, McDonald’s, and Taco Bell did not respond to requests for comment. Wendy’s declined to comment, citing the ongoing litigation.

    Lawsuits claim that burgers from McDonald's, Burger King and Wendy's don't look as they appear in ads.

    For Russo, that argument doesn’t cut it. He’s more concerned with what he calls the “common-sense eyeball test.” The fast food chains targeted in his suit, he said, are failing.

    “If you look at what their advertisements are showing, and you look at what on a regular basis, every consumer is getting … [there’s] a glaring disparity,” he said. “You could talk about weight … you could talk about volume, those are all the things the experts get into,” he said. But if the image is drastically different from the product, he argues, those details don’t matter.

    In the Burger King case, a judge recently agreed to punt the question of what is “reasonable” to a jury, refusing to dismiss the case in full as Burger King requested.

    Starbucks will also have to face many of the claims brought against it in the class action. “Plaintiffs have adequately alleged that a significant portion of the general consuming public could be misled by the names of the at-issue beverages,” a recent order states.

    For Patten, a reasonable consumer is an “average consumer.” The legal system, she said, often expect more from a reasonable consumer than she would from an average one.

    “Trial courts tend to have a very high opinion of who the reasonable consumer is,” she said. “And I think as a result of that, will dismiss a lot of these types of class actions, taking the position that the reasonable consumer of course knows that this type of advertising exaggerates the quality and quantity of food.”

    But Patten has heard from many complaining about this specific discrepancy, between how much food they expect due to advertising, and how much food they actually get.

    “We get it for burgers, we’ve gotten it for buckets of chicken, all sorts of different kinds of fast food,” she said.

    When it comes to allegations of false advertising, there are more egregious questions than whether a taco on the screen matches a taco in the hand. And Patten’s not convinced that class actions are the way to go — if they’re not dismissed, they often get settled, offering the defendant certain protections and giving consumers a small sum of cash, while their lawyers walk away with a larger bundle.

    But with people watching their budgets, it’s worth examining whether customers are getting as much food as they expect from major fast food chains.

    When people are “using their limited resources to purchase this, and then they’re not being provided with the quantity of food they’re expecting — that is an issue, no doubt.”

    The suits, and the attention they’ve received, can help inform the public of what to really expect, Patten said.

    They “can help educate consumers and make more savvy purchasers of their dinners,” she said. “The best defense against deceptive marketing is an educated consumer.”

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    September 23, 2023
  • China relaxes capital controls to entice badly needed foreign investment | CNN Business

    China relaxes capital controls to entice badly needed foreign investment | CNN Business

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    Editor’s Note: Sign up for CNN’s Meanwhile in China newsletter which explores what you need to know about the country’s rise and how it impacts the world.


    Hong Kong
    CNN
     — 

    China is allowing foreigners in Shanghai and Beijing to move their money freely into and out of the country, in a significant move toward relaxing its strict capital controls as it tries to woo overseas investors.

    The news was announced just weeks after official data showed foreign direct investment (FDI) in the country had hit a record quarterly low amid a slump in business confidence.

    Foreign investors — either individuals or companies — at the Shanghai pilot free trade zone, where tens of thousands of firms are located, can remit their funds without any restriction or delay, according to a statement from the city government posted Thursday.

    The funds need be “real and [legally] compliant” and related to their investments in China, it said. The rules, which do not apply to mainland Chinese nationals, took effect on September 1.

    Shanghai’s free trade zone is one of China’s largest and is slightly bigger than the city of Seattle.

    It’s home to Tesla’s Gigafactory as well as the country headquarters of hundreds of multinationals, including HP, AstraZeneca and BlackRock.

    On the same day, the Beijing city government proposed similar regulations, pledging to facilitate cross-border fund flows for foreign businesses. It’s seeking public feedback on the proposal.

    The policies are aimed at attracting foreign investment to build an open economy, the government said.

    China maintains a “closed” capital account, which means companies and individuals can’t move money in or out of the country except in accordance with strict rules.

    The Chinese currency has weakened more than 6% against the US dollar since the start of April, as economic growth lost momentum and its central bank eased monetary policy more aggressively than its Western peers. A weak currency could further reduce a country’s investment appeal and accelerate the outflow of capital.

    Thursday’s measures are the latest effort by Chinese leader Xi Jinping’s government to woo foreign capital and stabilize ties with the West.

    A gauge of FDI in China plunged in the second quarter, hitting its lowest level since 1998, when records began, according to data published by the State Administration of Foreign Exchange last month.

    Separate statistics published by the commerce ministry Sunday showed that its measure of FDI dropped more than 5% during the first eight months of 2023, compared with a year earlier.

    Business confidence among American firms in China appears to have plummeted.

    On Tuesday, a survey by the American Chamber of Commerce in Shanghai showed that only 52% of respondents were optimistic about their five-year business outlook, the lowest level since the survey began in 1999. That compares with 55% in 2022 and 78% in 2021.

    Foreign companies and investors have grown wary of rising risks in the world’s second largest economy, including a slowdown marked by weak domestic demand and a housing crisis, Beijing’s desire to prioritize national security over economic growth and deteriorating relations between China and many Western countries.

    China has made a series of moves recently to stabilize foreign trade and investment, including cutting a tax on stock trading for the first time since 2008.

    On Monday, the People’s Bank of China met with a number of top Western companies, including JP Morgan, Tesla and HSBC, pledging to further open up the financial industry and “optimize” the operating environment for overseas companies.

    The latest relaxation in capital controls is part of a policy package announced by Beijing and Shanghai, the country’s two biggest cities, to facilitate foreign trade and investment.

    Expatriates working at foreign enterprises in the Shanghai free trade zone — including employees from Hong Kong, Macao and Taiwan — can transfer their income abroad without restriction, according to the rules.

    Beijing’s policy contains similar measures. It also promised to make it easier for foreign companies to transfer data overseas with “fast-track” channels and encouraged them to invest in the city’s high-end manufacturing, services and green industries.

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    September 21, 2023
  • WhatsApp adds rival in-app payment options in India commerce push | CNN Business

    WhatsApp adds rival in-app payment options in India commerce push | CNN Business

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    New Delhi/New York
    Reuters
     — 

    WhatsApp said on Wednesday that it will offer credit card payments and services from rival digital payment providers within its app in India, the latest bet by the Meta-owned service to boost commerce offerings in its biggest market.

    WhatsApp has more than 500 million users in India, though regulators there have capped its in-app WhatsApp Pay service to only 100 million people.

    People shopping on WhatsApp could also pay using popular services like Alphabet Inc’s Google Pay, Paytm and Walmart’s PhonePe but only after being redirected outside WhatsApp.

    Payments via those rival services -— and any others that run on India’s instant money transfer system UPI — will now be possible directly within WhatsApp, Meta said in a blog post. New in-app options for credit and debit cards will also be offered.

    The additions bolster Meta CEO Mark Zuckerberg’s plan for business messaging to become the “next major pillar” of the company’s sales growth, an agenda that has assumed greater urgency as Meta’s core ads business and metaverse project have come under pressure.

    While WhatsApp Pay users will remain capped in India, there is no such limit on the number of users permitted to transact with businesses on WhatsApp using the other methods, a Meta spokesperson said.

    With some 300 million people spending about $180 billion via India’s UPI each month, the new transaction options could serve as a powerful lure to attract businesses to pay Meta for access to WhatsApp users.

    To date, WhatsApp has limited its end-to-end shopping experiences in India to pilot programs like that with online grocery service JioMart, run by India’s richest person, billionaire Mukesh Ambani, and the metro systems in the cities of Chennai and Bengaluru.

    Moving forward, the new payment tools will be available to any company in India that uses WhatsApp’s business platform, which mainly serves large companies, according to the blog post.

    Meta is also expanding its Meta Verified subscription program to businesses globally, giving companies a mechanism to validate authenticity and elevate their content in users’ feeds, a separate blog post said.

    Monthly subscriptions will be available on Instagram and Facebook in a handful of countries to start and will expand to WhatsApp at a later date, costing $21.99 per Facebook page or Instagram account or $34.99 for both, according to the post.

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    September 20, 2023
  • Starbucks bets on China with $220 million roasting and distribution center | CNN Business

    Starbucks bets on China with $220 million roasting and distribution center | CNN Business

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    Editor’s Note: Sign up for CNN’s Meanwhile in China newsletter which explores what you need to know about the country’s rise and how it impacts the world.


    Hong Kong
    CNN
     — 

    Starbucks says it has poured more than $200 million into a new campus in China, in a sign of how the Chinese consumer remains crucial to the global coffee chain despite a major economic slowdown.

    The beverage giant opened the massive facility in eastern China on Tuesday that will serve as its main production and distribution center nationwide, supplying fresh coffee to thousands of Chinese stores, it said in a statement. The site is home to a large coffee roasting facility and an area that lets visitors see how drinks are made.

    Starbucks (SBUX) says it has committed a whopping 1.5 billion yuan or about $220 million to the project, the largest investment it has ever made for a coffee manufacturing and distribution center outside the United States.

    That’s nearly 50% more than the $150 million it had previously allocated in 2020, which was already higher than the $130 million announced earlier that year.

    Asked why the amount was raised twice, a company spokesperson told CNN that “additional capital investments were made to further elevate the advanced technologies and equipment used.”

    The opening of the 80,000 square-foot (7,400 square-meter) “innovation park,” located in the city of Kunshan, about an hour from Shanghai, comes after a year-long delay.

    Starbucks had previously said the facility would be “operational in summer 2022,” though the timeline was given in November 2020, as China grappled with disruptive pandemic-related restrictions. The company did not immediately respond to a request for comment Tuesday on reasons for the delay.

    China has long been one of the most important growth drivers for Starbucks, serving as its second-biggest market worldwide and top overseas market.

    But CEO Laxman Narasimhan says the company is “still in our early days in China,” noting that coffee consumption in the historically tea-drinking nation remains relatively low.

    On an earnings call last month, he pointed to how revenue in China had rebounded earlier this year after the company’s sales in the country were dented by Covid-19 restrictions, which were lifted late last year.

    China’s economic growth is set to slow this year as it continues to reel from the effects of a crisis-hit property sector and choppy consumer confidence. But new data on Friday suggested the downturn was stabilizing.

    “As one of the largest consumer markets in the world, China presents tremendous opportunities for Starbucks,” Narasimhan said in the statement.

    He said the new space would improve its supply chain and sustainability goals, particularly as the facility is set to become the company’s most energy-efficient coffee manufacturing plant in the world.

    “I couldn’t be prouder of the China team’s visionary thinking,” Narasimhan added. “As Starbucks’ largest and fastest-growing international market, we will continue to deepen our investment and reinforce our unwavering long-term commitment to the China market.”

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    September 19, 2023
  • Cleveland Browns running back Nick Chubb carted off the field after knee injury | CNN

    Cleveland Browns running back Nick Chubb carted off the field after knee injury | CNN

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    CNN
     — 

    Cleveland Browns running back Nick Chubb suffered a knee injury that required him to be transported off the field in the second quarter of his team’s Monday Night Football game against the Pittsburgh Steelers.

    On a first and goal run from the 8-yard line, Chubb carried the ball for 5 yards before being hit awkwardly on the knee by Steelers safety Minkah Fitzpatrick.

    The crowd let out an audible groan as a replay was shown on the video board in Pittsburgh’s Acrisure Stadium, according to a video broadcast.

    ABC opted not to show a replay of the injury in its broadcast of the game, with commentator Troy Aikman saying: “It’s as bad as you can imagine.”

    The best photos from the 2023 NFL season

    Chubb was given a warm round of applause from the rival Steelers’ fans as he was taken off the field on a medical cart.

    Fitzpatrick was also shaken up on the play but remained in the game.

    The Browns quickly announced that Chubb would miss the remainder of the game. The full extent of his injury is still unknown.

    Chubb had 10 carries for 64 yards in the game prior to the injury.

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    September 18, 2023
  • That jet the Marines lost? Taxpayers will pay $1.7 trillion for the F-35 program | CNN Politics

    That jet the Marines lost? Taxpayers will pay $1.7 trillion for the F-35 program | CNN Politics

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    CNN
     — 

    The military losing a fighter jet near Charleston, South Carolina, and asking the public to help find it is a plotline in which “Top Gun” (fighter jets) meets “The Hunt for Red October” (country can’t find its weapons system).

    But the larger story of the F-35 Lightning II stealth fighter is like tax dollars meet “The Blob” (unstoppable force consumes everything in its path).

    “How in the hell do you lose an F-35?” wondered Rep. Nancy Mace, the South Carolina Republican, in a post on social media that speaks for everyone who read the headline about the state-of-the-art military plane that went missing Sunday after its pilot ejected and parachuted to safety.

    “How is there not a tracking device and we’re asking the public to what, find a jet and turn it in?” she continued.

    A more general and important question could be asked of the F-35 program writ large: How in the heck can you spend so much money on a plane that doesn’t work the way it’s supposed to?

    The exact amount of money for a single aircraft like the one that went missing is somewhere around $100 million.

    The entire F-35 program is on track to cost $1.7 trillion over the lifetime of the plane. Trillion. With a “t.”

    CNN’s Oren Liebermann reported the facts of what we know about the missing aircraft on CNN on Monday:

    • The pilot ejected safely and was taken to a hospital.
    • Joint Base Charleston posted a social media plea for information from anyone who might have seen the jet or its remains.
    • The search is focused northwest of Charleston near Lakes Marion and Moultrie.

    But we’re left with so many questions, he told CNN’s Jim Sciutto.

    “Was the transponder working? If not, why wasn’t it working? Why, maybe, had it been switched off? What was the mission it was on? All of this is either under investigation or a question we haven’t gotten an answer to yet.”

    When I asked Liebermann by email how to generally explain the F-35 program, he noted it is the most expensive weapons program in US history.

    For a country that spends a good portion of its income on its military and is known to have the most advanced fighting force on Earth, that’s saying something.

    The F-35 is what’s known as a “stealth” fighter, which means it is supposed to be able to avoid detection by enemies. Maybe a little too stealth.

    But if you watch the glossy Lockheed Martin video at F35.com, the jet is also supposed to be able to communicate with rest of the military, “sharing its operational picture with the ground, sea and air assets.” The video shows the jet beaming information to the ground and satellites.

    The New York Times’ editorial board used the word “boondoggle” to describe the F-35 program in 2021. But it added that the US is essentially stuck with the program.

    Or as CNN’s Zachary Cohen wrote back in 2015, “Is the world’s most expensive weapons program worth it?” Eight years later, the question still applies.

    Many US allies – Canada, Germany, Japan and others – also buy F-35s from Lockheed.

    The F-35, as developed by Lockheed at the request of the US military, was supposed to be the jack-of-all-jets, with versions to do different jobs for the Air Force, the Navy and the Marines.

    The version that went missing over South Carolina – the F-35B – is used by the US Marine Corps and meant to be able to “land vertically like a helicopter and take-off in very short distances,” according to a fact sheet from Lockheed. Another F-35B crashed in 2018, also in South Carolina.

    The Project on Government Oversight, a nonpartisan watchdog group, has written extensively on the F-35 and its cost overruns. I asked Dan Grazier, an F-35 expert for POGO, what has gone wrong.

    It all boils down to “failure at the conceptual level,” he told me in an email.

    “The architects of the program attempted to build a single aircraft to meet multiple mission requirements for not just three separate services but also those of multiple countries,” Grazier said, noting the difference between a small and nimble fighter jet and a long-range jet.

    “When someone attempts to design a single aircraft to perform all of these roles, they have to make numerous design tradeoffs that generally results in an aircraft that can sort of do it all, but doesn’t do anything particularly well.”

    The jet has never reached its full operational capability and already needs updates and tweaks, including a new engine. “Every F-35 built until now is nothing more than a very expensive prototype,” Grazier told me.

    “All of them will have to go through an expensive retrograde process in the future when the design is complete to bring them up to something approaching full combat standards.”

    I asked a spokesperson for Lockheed Martin if the company is confident the jets perform as they should considering the taxpayer investment.

    They provided this statement:

    The global F-35 fleet has surpassed more than 721,000 cumulative flight hours and spans 17 nations and three U.S. military services. Since F-35s began flying 17 years ago, there has been one pilot fatality and less than 10 confirmed destroyed aircraft. More than 965 F-35s have been delivered and more than 430,000 sorties completed.

    Diana Maurer is director of defense capabilities and management at the Government Accountability Office, the government’s own watchdog that earlier this year described the F-35 program as “more than a decade behind schedule and $183 billion over original cost estimates.”

    She said pilots frequently report being impressed by the plane’s capabilities. But they also report not being able to fly it often enough.

    Problems getting spare parts, issues with repairs and a reliance on contractors all contribute to the F-35 having a substandard readiness and frequent groundings of the fleet.

    “There’s a variety of reasons why they can’t get these aircraft up in the air as often as they would like,” Maurer said. “And that’s really frustrating from a taxpayer perspective for something that already costs hundreds of millions of dollars a year; cost many, many multiple billions already; and will cost nearly $2 trillion over the life cycle of the program.”

    Grazier said officials at the Pentagon have acknowledged problems with the F-35 that can be applied to the design process in the future. But this is a program that evolved over successive presidencies and with a rotating cast of characters in charge both in Congress and at the Pentagon.

    The system is supposed to have safeguards against extreme cost overruns, but when those warnings were triggered in previous decades, the F-35 program was allowed to barrel forward. And here we are.

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    September 18, 2023
  • UK dials up fight with Meta over encryption

    UK dials up fight with Meta over encryption

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    Voiced by artificial intelligence.

    LONDON — The gloves are off in the U.K. government’s deepening spat with tech giant Meta.

    On Wednesday, Britain’s Home Secretary Suella Braverman unveiled a fresh campaign aimed at making the Mark Zuckerberg-led tech giant rethink its plan to roll out end-to-end encryption on Facebook and Instagram — a move she says will hamper the police’s ability to catch pedophiles.

    At a background briefing for reporters on Tuesday, Home Office officials used graphic language to describe the types of child sexual abuse material that they say risks going undetected if Meta goes ahead with its plans. A video put together as part of the campaign features a victim of child sex abuse appealing directly to Meta chief Mark Zuckerberg to rethink plans to roll out encryption.

    The National Crime Agency has estimated that making messages on Facebook Messenger and Instagram end-to-end encrypted will wipe out more than 85 percent of the platforms’ reports of online child sexual abuse material.

    Meta, which aims to finalize the encryption rollout by the end of the year, has said it plan to continue policing its platforms for grooming and the sharing of child abuse content. It will do this by, for example, watching for suspicious behavior from accounts and providing a range of controls to help kids avoid harm.

    But Braverman said she’s not yet been convinced that these measures will make up for the shortfall in reports that the encryption changes are expected to bring about, prompting her to write to the tech giant in July asking it to stop its encryption rollout if it can’t give stronger assurances.

    “Meta has failed to provide assurances that they will keep their platforms safe from sickening abusers,” Braverman said in a press release. “They must develop appropriate safeguards to sit alongside their plans for end-to-end encryption.”

    “We don’t think people want us reading their private messages so have spent the last five years developing robust safety measures to prevent, detect and combat abuse while maintaining online security,” said a Meta spokesperson.

    The company on Wednesday also published an updated report setting out these measures, such as restricting people over 19 from messaging teens who don’t follow them and using technology to identify and take action against malicious behaviour.

    A new front in the encryption fight

    The campaign, which is also backed by a slew of child protection groups and law enforcement bodies, is just the latest round of a bruising battle between U.S. tech companies and the U.K. government over encryption that has largely centered on Britain’s new draft internet rulebook, the Online Safety Bill.

    The bill, which passed its final parliamentary hurdle Tuesday, would empower Britain’s comms regulator Ofcom to force tech companies to monitor messenger apps for illegal child abuse content. That’s proven controversial, with dozens of cryptography experts saying that the powers would effectively undermine end-to-end encryption — tech that enables only the sender and receiver to view messages.

    Tech execs like Signal’s Meredith Whittaker and WhatsApp’s Will Cathcart have suggested they’d rather have their encrypted services blocked in the U.K. than undermine privacy for millions of users on their apps. 

    But Ofcom officials have previously said there’d be a high bar for them to mandate monitoring on encrypted apps, while any order for Meta to scan its messenger apps for content would prove highly contentious for the regulator. 

    That’s what’s prompted the U.K. government to lobby for Meta to rethink its plans in the first place.

    “We urge companies looking to introduce end-to-end encryption to their services to think carefully about the impact on younger, vulnerable users,” said Susie Hargreaves, chief executive of child protection group the Internet Watch Foundation in a statement. 

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    Vincent Manancourt

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    September 18, 2023
  • Where the Strike Stands. What Auto Makers and UAW Say.

    Where the Strike Stands. What Auto Makers and UAW Say.

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    UAW workers went on strike in the early morning hours on Friday at the GM Wentzville Assembly plant in Wentzville, Mo.


    Photograph by Nick Schnelle

    The United Auto Workers’ strike against the three auto makers with roots in Detroit starts the week with pl…

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    September 17, 2023
  • Generac recalls around 64,000 portable generators amid hurricane season | CNN

    Generac recalls around 64,000 portable generators amid hurricane season | CNN

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    CNN
     — 

    Amid this year’s damaging hurricane season, with generators in demand, Generac Power Systems has recalled about 64,000 of its portable generators after more than two dozen reports of overheating, some of which resulted in severe burns, the Consumer Product Safety Commission said in a statement.

    The Wisconsin company received more than two dozen reports, “of the generators overheating and pressurizing or expelling fuel when opened. At least three incidents resulted in severe burn injuries, the commission said.

    The “recalled generators’ fuel tank can fail to vent adequately from the rollover valve, causing the gas tank to build up excess pressure and expel fuel when opened, posing fire and burn hazards,” the commission said. The group is advising people to immediately stop using the recalled generators and contact Generac for a free repair kit.

    CNN has reached out to Generac for comment.

    The generators in question were sold “from April 2011 through June 2023 for between $3,300 and $3,650,” at most home improvement stores, the commission said.

    The Thursday recall comes during hurricane season, when many people turn to generators in the aftermath of a storm to provide their homes with electricity.

    This year’s hurricane season across the Atlantic Ocean, Gulf of Mexico and the Caribbean Sea runs from June 1 to November 30. Tens of thousands of people are currently without power as post-tropical cyclone Lee continues to bring rain, wind and flooding to parts of Canada’s Atlantic provinces.

    When Hurricane Idalia made landfall in Florida at the end of August, hundreds of thousands of people were left without power.

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    September 17, 2023
  • The Real Issue in the UAW Strike

    The Real Issue in the UAW Strike

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    The United Automobile Workers’ strike against the Big Three manufacturers that began earlier today is exacerbating the most significant political vulnerability of President Joe Biden’s drive to build a clean-energy economy.

    A trio of bills Biden passed through Congress during his first two years in the Oval Office has generated a torrent of private-sector investment into clean-energy projects. But so far most of that green investment and the jobs it will create are flowing into red-leaning communities that are generally hostile to both the Democratic Party and labor unions.

    Congressional Democrats provided all the votes for the legislation that is catalyzing the rapid growth of the new green economy. But with so many of the new energy projects benefiting red places, many people in progressive circles worry that this historic transformation will fail to generate either sufficient political rewards for the president and congressional Democrats, or as many good-paying, blue-collar jobs as Biden has repeatedly promised.

    Steven Greenhouse: Biden’s labor-climate dilemma

    Fear that the shift to electric vehicles will reduce the number of quality jobs in the auto industry is the backdrop for the strike the UAW launched at midnight today. In both public and private, union officials have made clear their belief that the auto industry is using the technological transition to mask a second, economic, transition. They worry that the companies are using the shift from internal-combustion engines to carbon-free electric vehicles to simultaneously shift more of their operations from high-paying union jobs mostly in northern states to lower-paying, nonunion jobs mostly in southern states.

    Moreover, the union and its allies worry that the massive federal subsidies Biden’s agenda is providing the companies for the EV transition is inadvertently underwriting that transition toward lower-wage and nonunion plants. As Shawn Fain, the UAW’s new president, put it earlier this week: “There’s a lot with the EV transition that has to happen, and there’s … hundreds of billions of our taxpayer dollars that are helping fund this, and workers cannot continue to be left behind in that equation.”

    As the strike approached, the Biden administration took conspicuous steps to respond to those concerns by announcing a suite of multibillion-dollar Department of Energy loans and grants designed to  incentivize the auto companies to convert existing, unionized plants to EV production.

    “The president’s policy position is absolutely clear: He’s pro-union,” one senior White House official, who asked not to be identified while describing internal discussions, told me. “He thinks that companies that are receiving the benefits should respect the right to organize, should not interfere with workers’ ability to exercise that right, and he wants to see these jobs be good union jobs. From a policy perspective there is no daylight between the president’s policy preferences and where the UAW is, or the other unions are.”

    The challenge for the Biden administration in delivering on that pledge is the decisions that the auto companies and other industries are making in response to the bills he signed to promote more domestic investment: the bipartisan infrastructure law, a measure to encourage more U.S. production of semiconductors, and the Inflation Reduction Act, which contains federal assistance for the domestic manufacture and deployment of low-carbon energy sources.

    The tax subsidies and federal grants and loans in those bills have triggered a towering wave of new domestic investments across a broad range of industries producing clean energy. The big auto manufacturers alone have announced nearly $90 billion in spending on manufacturing facilities to produce EVs in just the past two years, according to the Center for Automotive Research, a nonpartisan Michigan-based think tank. Suppliers to the companies, including firms producing semiconductors for automotive use, are investing billions more in the EV transition. Brookings Metro, a nonpartisan think tank, calculated that total private-sector investment in EV manufacturing under Biden has reached nearly $140 billion. This building surge dwarfs the typical amount of annual investment in the auto industry over the past quarter century, but still likely represents only a down payment on what’s ahead. “There’s a lot of innovation that is going to happen over the next 20 years, in terms of product, process, technology,” Alan Amici, the center’s president and CEO, told me.

    For Democrats, the rub is how much of this capital is flowing into red places hostile to unions and represented by House and Senate Republicans who voted against the legislation that triggered the investments. (Every House Republican this spring also voted to repeal all of the Inflation Reduction Act’s incentives for clean-energy production.) The biggest recipients of the new investments include more red states than blue ones, Brookings has determined.

    Red states are receiving so many of the new projects partly because they have lower tax rates and electricity costs. But most analysts agree that companies have also channeled so much of their new investments toward red states because most of them have “right to work” laws that make it more difficult for unions to organize.

    In the auto industry, this preference for states resistant to unions has translated into a surge of investment in the South. Brookings Metro calculated that the South has attracted 55 percent of the total private investment in electric vehicles and batteries under Biden. That’s more than double the portion of the new clean-vehicle investment that has flowed into the Midwest, whose existing auto plants are largely unionized. That torrent of new money includes plans to build EVs or their batteries by Hyundai and Rivian in Georgia, Toyota in North Carolina, Tesla in Texas, BMW in South Carolina, Mercedes-Benz in Alabama, General Motors in Tennessee, and Ford in Tennessee and Kentucky.

    The EV investments announced so far are projected to generate at least 65,000 jobs across the region, Stan Cross, the electric-transportation-policy director for the Southern Alliance for Clean Energy, told me. Far more job growth is virtually certain in the years ahead, Cross said, largely because such investment patterns are self-reinforcing: Companies that provide parts for the big manufacturers are already locating around their new southern plants, such as the $1 billion in investment announced by suppliers near Hyundai’s Georgia facility.

    This southern EV boom is reinforcing a long-term shift in the auto industry’s center of gravity that has weakened the UAW’s position. Heavily unionized, Democratic-leaning Michigan still employs many more people in the industry than any other state. But starting in the mid-1990s in plants by Mercedes in Alabama and BMW in South Carolina, the industry’s employment has steadily shifted to the South. Since the early ’90s, the South’s share of total auto-industry employment has roughly doubled from 15 to about 30 percent, while the Midwest’s share has fallen, from 60 to about 45 percent, Karl Kuykendall, a regional economist at S&P Global Market Intelligence, told me. Kuykendall said he “would not be surprised” if the pace of this regional transition accelerates as the companies move deeper into the technological transition to electric vehicles.

    Hardly any of the auto plants in the South are unionized. And wages even for manufacturing workers are much lower in the region and in other red states than in the Midwest, as Michael Podhorzer, a former political director for the AFL-CIO, has calculated. The disparity between largely union and nonunion regions across the U.S. creates an enormous challenge for the UAW. In the strike that began this morning, it is seeking a raise of about 40 percent over the next four years, and the restoration of automatic pay increases for inflation, as well as health and retirement benefits that it surrendered when the companies faced bankruptcy amid the 2008 financial crisis. But even if the union succeeds at winning a favorable contract, that could just increase the incentive for the auto industry to shift more jobs to nonunion plants across the South.

    While foreign automakers have invested heavily in the South, the fabled Big Three domestic auto manufacturers (General Motors, Ford, and Stellantis) still mostly rely on facilities across the industrial Midwest. But the announcements by Ford and GM that they plan to build battery plants in Kentucky and Tennessee may signal a shift in that strategy. As important to the UAW, Ford, GM, and Stellantis are structuring their EV-battery plants, in the North and the South, as joint ventures with foreign partners that are not subject to the national labor agreement the companies are now negotiating. The union has to negotiate separate contracts with those plants—where the companies are offering much lower wages than in their unionized facilities.

    “From all evidence, automakers appear to be utilizing the shift to electric vehicles to do everything in their power to lower job quality for the very workers they are relying on to make this transition happen,” Jason Walsh, an executive director of the BlueGreen Alliance, a coalition of labor unions and environmentalists, told me. Those concerns have prompted the UAW to demand in the contract talks that the auto companies guarantee that workers now building internal-combustion-engine vehicles will be assured jobs as the companies switch toward manufacturing more EVs.

    Early on, the Biden administration appeared somewhat obtuse to these concerns, even though Biden has sympathized more overtly with organized labor than any other Democratic president in decades. Speaking before a Silicon Valley industry group in early June, Energy Secretary Jennifer Granholm turned heads among labor leaders when she said the administration was “agnostic” about where companies choose to site their clean-energy investments.

    Her department, perhaps reflecting that perspective, a few weeks later approved more than $9 billion in federal loan guarantees to Ford and a Korean partner to build their EV-battery plants in Kentucky and Tennessee, two right-to-work states. Fain, the union president, immediately issued a statement condemning the loan guarantees and declaring that the administration was “actively funding” a “race to the bottom” in wages and benefits “with billions in public money.”

    Fain’s message appears to have been received. The administration’s tone was different in late August, when the Energy Department announced that it was making available $2 billion in grants and $10 billion in loan guarantees under the Inflation Reduction Act (as well as another $3.5 billion in grants under the infrastructure bill) to subsidize the conversion of existing plants to make electric vehicles and their batteries. “We are going to focus on financing projects that are in long-standing automaking communities, that keep folks already working on the payroll, projects that advance collective bargaining agreements, that create high-paying, long-lasting jobs,” Granholm told reporters at the time.

    That message reflected Biden’s own priorities, the senior White House official told me this week: “All I would say is, the president is not ‘agnostic’” about where the clean-energy investments are flowing. “He’s the president for all of America. But all of America ought to respect the right to organize. He is trying to move the system toward good-paying jobs and more union density.”

    Labor allies agree the administration is now focusing more on the potential challenges for workers in the EV transition than it did earlier in Biden’s presidency. The late-August Energy Department announcement “is a very clear indication that the Biden administration is hearing what union workers are saying and is trying their best to be responsive to that,” Walsh said.

    The problem for the administration is that it has limited tools to shape how the auto companies make their investments. Generally, under the kind of federal loan and grant programs that Granholm made available in August, the administration can encourage companies to preserve existing plants and also to remain neutral in labor organizing campaigns when the firms open new clean-vehicle facilities. All indications point to Biden using that leverage more aggressively than he did earlier in his presidency. Over time, the senior White House official said, the administration “has strengthened its negotiating posture” to demand “stronger community benefits” from companies seeking the loans or grants.

    But the Inflation Reduction Act’s biggest incentives for building electric vehicles are generous tax credits for both producers and consumers. And those credits are available to companies that build and source a specified share of their materials for EVs domestically whether or not they use union labor. When the House passed its version of the Inflation Reduction Act in 2021, it included another $4,500 tax credit to consumers for EVs built largely with union labor, but Senator Joe Manchin of West Virginia, a Democrat, insisted on the removal of that provision as one price for his vote that allowed the overall package to pass the Senate.

    Andrew Moseman: The inconvenient truth about electric vehicles

    That now looks like an extraordinarily consequential concession. “This is happening because Joe Manchin pulled the union requirements out of the IRA and that really opened the door to this perverse situation where, by law, the administration has constraints about how far it can push to ensure that there are going to be good quality jobs in this transition,” says Adam Hersh, a senior economist at the Economist Policy Institute, a left-leaning think tank.

    Looming over all these maneuvers is former President Donald Trump’s relentless attack on Biden’s clean-energy agenda. In speeches, Trump has repeatedly declared that Biden’s intertwined proposals to promote EVs will “kill countless union autoworker jobs forever, especially in Michigan and the Midwest.” Trump, and some of the other 2024 GOP candidates, have pledged to repeal the IRA’s clean-energy incentives as well as Biden’s proposed fuel-economy standards for cars and light trucks, which would require the companies to massively shift their sales toward EVs over the next decade. In effect, Trump is presenting the transition to EVs as another example in his broader claim that the left is seeking to uproot and transform America as his supporters know and understand it.

    While many labor leaders have endorsed Biden for a second term, Fain has pointedly withheld the UAW’s endorsement. And Fain has publicly warned that Trump’s denunciation of the EV transition could find a receptive audience among his members if the union can’t win a generous contract and strong guarantees of job security. Given the importance of the industrial Midwest to the president’s reelection hopes, Biden may have nearly as much at stake as Fain in the outcome of this strike.

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    Ronald Brownstein

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    September 15, 2023
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