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Beryl Howell Held Elon Musk’s Xitter in Contempt

One of my favorite lines in the Trump January 6 indictment described how, when everyone left Donald Trump alone in the dining room on January 6, he tweeted out a tweet that might have gotten Mike Pence killed.

At 2:24 p.m., after advisors had left the Defendant alone in his dining room, the Defendant issued a Tweet intended to further delay and obstruct the certification: “Mike Pence didn’t have the courage to do what should have been done to protect our Country and our Constitution, giving States a chance to certify a corrected set of facts, not the fraudulent or inaccurate ones which they were asked to previously certify. USA demands the truth!”

It’s just one of 19 Tweets included in the indictment:

  1. On November 25, anticipating Sidney Powell’s lawsuit invoking Dominion voting machines
  2. On December 3, magnifying Rudy’s false claims about Georgia
  3. A Tweet from Gabriel Sterling on December 4 debunking Rudy’s attack on Ruby Freeman
  4. A December 4 attack on PA’s GOP legislative leaders after they refused to reject the popular vote
  5. The December 19 Tweet announcing the January 6 protest that launched the insurrection
  6. A December 21 Tweet falsely claiming vote fraud in WI
  7. A December 23 Tweet attacking Cobb County officials verifying signatures
  8. Trump’s December 23 retweet of Ivan Raiklin Operation Pence Card Tweet
  9. Trump’s January 1 reminder about the January 6 event
  10. A January 5, 11:06 AM Tweet claiming Pence could reject the vote certifications
  11. A January 5, 5:05PM Tweet announcing “we hear you (and love you) from the Oval Office
  12. A January 5, 5:43PM Tweet reminding that the rally opened at 11AM the next day
  13. A January 6, 1AM Tweet claiming that Pence could “send it back”
  14. A January 6, 8:17AM Tweet repeating that all Pence had to do was “send them back to the States, AND WE WIN.”
  15. The famous 2:24PM Tweet targeting Pence
  16. The January 6, 2:38PM Tweet calling on rioters to “Stay peaceful!”
  17. The January 6, 3:13PM Tweet calling for “No violence!”
  18. The January 6, 4:17PM Tweet releasing the video asking people to leave the Capitol
  19. Trump’s January 6, 6:01PM Tweet about a victory “viciously stripped away”

Before DOJ could unroll the indictment in its current form, it had to have proof about who actually Tweeted out each of these.

Aside from the dining room Tweet, it’s not entirely clear he did: Several times the indictment describes Trump “issuing” a Tweet, which might involve others.

That’s probably just one of the reasons why, on January 17, Jack Smith’s team obtained a warrant to provide, “data and records related to the ‘@realDonaldTrump’ Twitter account,” with a nondisclosure order.

Elon Musk’s Twitter not only didn’t have any lawyers home to accept the request, but they balked at providing the data, which was originally due on January 27, because they wanted to tell Trump about it first.

Ultimately, then Chief Judge Beryl Howell had to hold Twitter in contempt for 3 days before it turned over all the requested data on February 9. The DC Circuit just upheld Howell on all counts — the imposition of the gag, the contempt and the fine.

We shall see, going forward, whether DOJ asked for more than that — including any DMs that Trump might have sent to the Stop the Steal crowd, whose efforts were exploding on Twitter at the time.

Update: The warrant may also have asked for information that would be useful to measure Trump’s fundraising; that’s one thing DOJ was focused on in that period (and remains focused on). The warrant also came close to the beginning of the Proud Boys trial, which DOJ kicked off with Trump’s “Stand Back and Stand By” comment.

I Did Nazi Crustpunk Bar Fail, Redux [UPDATE-1]

[NB: Check the byline, thanks. Updates to appear at bottom of post. /~Rayne]

Because you people will NOT stop whining about the bird-logoed crustpunk Nazi bar sinking even further below the waterline, I am putting up a dedicated post for that subject.

RULE NUMBER ONE: Nothing but Twitter and social media related comments allowed in this thread.

RULE NUMBER TWO: Do NOT take your comments about Twitter and other social media platforms to other threads.

RULE NUMBER THREE: See the first two rules, and don’t expect this site to have any power to do anything to change the crustpunk Nazi bar or other similarly centralized social media failures like Reddit and that scofflaw Meta (home of Facebook, Instagram, and WhatsApp).

~ ~ ~

UPDATE-1 — 8:30 P.M. ET —

Here’s a rough tick-tock leading to today’s huge uptick in new Mastodon account sign-ups —

Wednesday, May 24 — Ron DeSantis’ live campaign launch via Twitter Spaces was an utter disaster; DeSantis’ supporters try desperately to put a positive spin on it.

Thursday, May 25 — Twitter’s chief engineer resigned.

Friday, May 26 — Apparently Twitter had not paid the software company which provided service for live video feeds used in Twitter Spaces.

Sunday, June 11 — Engadget reports there may be problems ahead for Twitter:

More platform instability could be in Twitter’s near future. In 2018, Twitter signed a $1 billion contract with Google to host some of its services on the company’s Google Cloud servers. Platformer reports Twitter recently refused to pay the search giant ahead of the contract’s June 30th renewal date. Twitter is reportedly rushing to move as many services off of Google’s infrastructure before the contract expires, but the effort is “running behind schedule,” putting some tools, including Smyte, a platform the company acquired in 2018 to bolster its moderation capabilities, in danger of going offline.

Thursday, June 29 — Some folks observe difficult sporadically with accessing Twitter links.

The New York Times reported new Twitter CEO Linda Yaccarino ordered Google to be paid after she spoke with the head of Google’s Cloud division.

Friday, June 30 — Persons attempting to access any Twitter page are unable to do so unless they are a logged-in registered user.

Elon Musk later confirmed access has been deliberately cut off for all outside users, claiming Twitter is being scraped aggressively.

There is a lot of speculation the service is degrading because Twitter didn’t pay Google, but NYT’s report suggested otherwise.

Saturday, July 1 — Twitter users note Twitter is down. Musk also tweets that users will be rate limited on the amount of tweets they can read each day.

Before the widespread outage, observers noted Twitter had been DDoS-ing itself:

Twitter and Mastodon user Sheldon Chang offered more detail:

Sheldon Chang 🇺🇸 @[email protected]
This is hilarious. It appears that Twitter is DDOSing itself.

The Twitter home feed’s been down for most of this morning. Even though nothing loads, the Twitter website never stops trying and trying.

In the first video, notice the error message that I’m being rate limited. Then notice the jiggling scrollbar on the right.

The second video shows why it’s jiggling. Twitter is firing off about 10 requests a second to itself to try and fetch content that never arrives because Elon’s latest genius innovation is to block people from being able to read Twitter without logging in.

This likely created some hellish conditions that the engineers never envisioned and so we get this comedy of errors resulting in the most epic of self-owns, the self-DDOS.

Unbelievable. It’s amateur hour.

#TwitterDown #MastodonMigration #DDOS #TwitterFail #SelfDDOS

Jul 01, 2023, 11:03 · Edited Jul 01, 13:02

You can see the videos he shared at the link above.

Techdirt’s Mike Masnick offered his opinion about the rate limiting:

I don’t have words for this clusterfuck except to say I expected this level of fail and worse to come, even with a new CEO on board. Good luck, Yaccarino. I hope you got a guaranteed payout.

~ ~ ~

Meanwhile, at Mastodon:

Mastodon Users @[email protected]

12,916,975 accounts
+4,614 in the last hour
+34,484 in the last day
+108,119 in the last week

[Graphic alt text: Four time-based charts

Upper blue area: Number of Mastodon users
Upper cyan area: Hourly increases of number of users
Lower orange area: Number of active instances
Lower yellow area: Thousand toots per hour

For current figures please read the text of this post]
Jul 01, 2023, 19:00

~ ~ ~

If there is more news in the next 12-24 hours about Twitter, I will update this post.

Three Things: Crustpunk Nazi Bar Update, $42K Extortion Edition

[NB: Check the byline, thanks. /~Rayne]

It’s been a while since we had a chat about the crustpunk Nazi bar known as Twitter. The dead-ending bird decided press the issue for us.

~ 3 ~

Community members have been asking in comments about the now-empty widget in the right-hand vertical navigation zone.

It’s dead, Jim.

The widget in the right-hand navigation column which featured latest tweets by emptywheel contributors no longer works because Elon Musk changed the business model at Twitter yet again, requiring users of Twitter’s API to pay $42,000 to continue to do so.

That kind of money can buy a lot of original reporting as well as platform updates and hosting.

The original developers of that widget also stopped servicing it years ago.

It will be replaced at some time in the near future with a Mastodon or Fediverse-friendly widget though we don’t have an estimated time to completion.

Bear with us on this matter, please and thanks.

You can continue to follow Marcy, bmaz, Ed Walker, and Jim White on the bird app without having to log in –- just click on the embedded links. Unfortunately this will also count as engagement at the crustpunk Nazi bar which Musk will use to continue to claim the bird app is a going concern.

Whenever the major news outlets and U.S. officials both elected and appointed – yes, taxpayer-funded persons are using the crustpunk Nazi bar – get their heads out of their asses and migrate from the Nazi bar, more of Team emptywheel will move as well. But as long as the media and government entities continue to use the Saudi-funded right-wing mouthpiece the bird app has become, some of the team will tweet there.

As for the exorbitant and extortive fee Musk wants for API access, the damage is not just emptywheel readers being unable to read tweets through this site.

Now academic researchers and NGO monitors of hate speech, illegal activity, disinformation, and foreign influence may no longer be able to access bird app content. That’s not a bug but a feature.

~ 2 ~

Speaking of hate speech and illegal activity and other content typically moderated by reputable social media platforms, Mike Masnick at Techdirt created and shared an excellent game in which players can experience what moderators must do to boot crap out of comments and still keep their jobs:

(Side note: Techdirt left the bird app this past week because of the $42K fee. Good for them.)

Moderation here at emptywheel is not as strenuous as Masnick’s Moderator Mayhem game because this site’s traffic simply isn’t a big factor 95% of the time. We can also predict most traffic spikes which lead to trolling upticks based on news events and specific posts as well, unlike most Big Tech social media platforms.

But the fuzzy nature of some comments which moderators must screen can be challenging and is likely to be more so over time here and at the big platforms as influence operations incorporate AI to weasel around moderation.

Unlike the Big Tech social media platforms this site doesn’t demand community members provide a cell phone number or verifiable email address or other personal data which links them personally to content they share in comments. It’s a careful balancing act between recognizing legitimate human participants commenting in good faith and assuring them privacy. Moderation at Big Tech socmed platforms compromises privacy to eliminate the necessity of validating legitimate community members.

Balancing community members’ privacy and site security means we spend a bit more obvious effort asking community members who want to comment to create and maintain a username which can be readily recognized over the history of their comments. The emergence of AI will make this more important to prevent spoofing of established community members.

All of which means emptywheel community members will continue to be nagged for a unique username consisting of a minimum 8 letters which they will use every time they comment, or risk moderation.

For more perspective on moderation, it’s worth reading Vanity Fair’s article about new socmed platform Bluesky’s problematic approach (or lack thereof) to moderation. You’d think Jack Dorsey would have had this nailed down before launch given his experience at Twitter but no – he’s proven he’s another “free speech absolutist” which is just code for crustpunk Nazi bar owner/operator.

~ 1 ~

Aside from how the bird app and moderation affects emptywheel’s site, the bird app continues to find out about its fucking around.

Or rather, certain persons foolish enough to trust Elmo and the bird app after he fired ~85% of its employees are finding out about Elmo’s fuckery.

In a debacle rivaling SpaceX’s 4/20 Starship launch explosion, we’ve all heard by now about Florida’s Gov. Ron DeSantis’ spectacular implosion on soft launch last Wednesday when Twitter Spaces failed to work as expected during his presidential campaign launch announcement.

One of Twitter’s top engineers, Foad Dabiri, quit on Thursday, amid much speculation the exit was due to the Twitter Spaces failure and not a resignation but a separation.

You’ll note the first comments at that Yahoo News piece are Elmo fanboi trolls who blame the Twitter Spaces’ failure on sabotage.

The other shoe dropped Friday: it seems Elmo didn’t pay the bill for the Redis Labs software which handled audio streaming traffic.

The best engineers in the world can’t turn a deadbeat into a viable production platform. No wonder the engineer left; one might wonder if Dabiri was a green card employee who had no choice to stay until it was obvious it would damage his personal cred.

The failure reflected badly not only on Elmo and Twitter but on DeSantis. Why would any sentient being risk their next desired job on a platform which has been riddled with problems since Elmo bought it, let alone a platform run by a guy who has twice tweeted supportive comments about a rival candidate Sen. Tim Scott and is in part funded by another major campaign contributor, Larry Ellison?

That’s just begging for an opportunity to find out.

~ 0 ~

As with all social media platforms, your mileage may vary. Engage wisely.

All Around the Chancery Court Elmo Chased to Weasel [UPDATE-1]

[NB: check the byline, thanks! Update(s) will appear at bottom of post. /~Rayne]

This isn’t going to be a very long post because others have already covered the news that Twitter, Inc. is no more having been subsumed by its successor, X Corporation.

See Slate’s coverage which has one of the earliest and more thorough reports, or TechCrunch’s report.

Elmo has been stuck on name X for decades; he named his online bank business launched in 1999 x.com. That business merged in 2000 with rival Confinity, an online bank founded by Peter Thiel and others. The merged entity became PayPal.

Before Elmo closed on the purchase of Twitter, he’d said that Twitter was a path toward a new online business based on an application.

The intention was to create an “everything app” as popular as TikTok and as encompassing as WeChat — both of which are Chinese apps.

The X naming convention is in head-to-head competition with Google’s X company founded in 2010 — “X, the moonshot company” as Google styles and tags the entity. Funny, that; both Musk and Google wanting off-world exploration.

It’s possible the move to dissolve Twitter, Inc. and reconstitute it under X corp is merely consolidation of Musk-helmed businesses in Nevada where parent organization X Holdings is already incorporated. Twitter was already a subset of a Special Purpose Acquisition Company (SPAC) under the April 25, 2022 terms of sale.

The dissolution of Twitter as a Delaware corporation is merely the next step of the acquisition process.

However it’s an open question why Musk moved the entire corporation to Nevada instead of leaving Twitter in Delaware as Tesla, Inc. remains.

Could it be that Elmo is so afraid of Delaware’s Chancery Court and discovery should a lawsuit be filed against Twitter that he chose to weasel the corporation into Nevada to avoid it?

Here’s a list of advantages to incorporating a business in Nevada as compared to other states:

• Nevada law protects both directors and officers from individual liability for any acts committed by or on behalf of the business (with the exception of fraud).
• Jurisdiction for legal suits is in the state where the business incorporated.
• Nevada has significant privacy rights and doesn’t share any company information with the IRS. Therefore, no one will know the owner’s name of the corporation.
• You don’t have to identify the shareholders of the corporation.
• Unlimited stock is allowed.
• Nominee shareholders are allowed.

Could it be that Elmo is so concerned about his own personal liability that he moved the corporation to Nevada to avail himself of protections for owners/principals?

Or is one of these other advantages paramount — like the privacy rights which may be extended to investors like Prince Al Waleed bin Talal Al Saud or Marc Andreesen‘s a16z?

How will we know if/when the microblogging platform formerly known as Twitter becomes the agent of a foreign government should ownership shift even more substantially to foreign entities through a combination of equity and debt?

Whatever Musk has up his sleeve he certainly didn’t tip in his interview this week with the BBC,  which the Beeb summarized in six points:

1. He denies hate speech on Twitter has spiked
2. He voted for Joe Biden
3. He says Twitter is beating the bots in war on disinfo
4. He’s against banning TikTok
5. He would turn down $44bn for Twitter
6. He will back down on how BBC is labelled

I don’t know about you but I don’t believe most of this; it reads like the Liar’s Paradox.

Whatever this corporate shell game is about, I know Elmo is still burning Twitter down a bit more each day, including his labeling NPR as a “state-affiliated media” outlet after the GOP has ensured for decades public broadcasting must be starved of funding. Receiving but 1% of its annual revenues from the federal government, NPR has now left Twitter.

The departure of NPR and its 52 feeds makes this revenue forecast appear more reliable:

Oops, I mean this forecast:

Though it still looks like gambling, yes?

~ ~ ~

UPDATE-1 — 2:30 P.M. ET 13-APR-2023 —

And there it is, the birth of X Corp’s “everything app.”

CNBC: Twitter partners with eToro to let users trade stocks, crypto as Musk pushes app into finance

Who in their right mind would trust their financial information to Elon Musk’s latest Rube Goldberg machine?

Knowing the exposure this business has to foreign investors located in countries which have questionable affinities with the U.S., why would anyone do this if they weren’t a crackpot Elmo fanboi?

When Techbros’ Circle Jerk Becomes a Circular Firing Squad

[NB: check the byline, thanks. /~Rayne]

I have been meaning to write a longer post about this topic but the events of the last 48 hours have forced me to stop snickering long enough to put up this post.

Here is a chart depicting Twitter’s current investors comparing their relative amount of commitment:

Here is a list of the investors’ names and the amount they’d committed at the time Elon Musk closed the deal to acquire Twitter.

In both graphics from Reuters above I’ve noted in red one name in particular — that of AH Capital Management, LLC.

A as in Andreesen, H as in Horowitz. As in the venture capital firm behind a16z.com.

As in the venture capital firm behind Substack.

Elmo is pissing on one of his investors because his investor’s investment decided to launch a competing platform.

Let that sink in, as Elmo so eloquently tweeted as he dragged a bathroom fixture into Twitter’s offices last October.

~ ~ ~

Axios beat me to making the observation about the financial relationship between Elmo’s Twitter and AH Capital in their article yesterday about Substack’s recent fundraising effort relying on crowdfunding.

Substack announced the offer to sell equity to writers on March 28, with its own writers’ investments prioritized over others who might choose to participate.

The fundraising effort followed an aborted fundraising attempt last year.

As Axios’ Dan Primack noted, the crowdfunding prospectus didn’t report this year’s financials, only the previous two years as required by law.

Substack’s founder Chris Best apparently believes Substack “doesn’t actually need the money,” forecasting profitability ahead.

This makes little sense to me.

What does make sense, though, is that the VC funding well may have run dry.

Take a look at the Form ADV – Uniform Application for Investment Adviser Registration and Report by Exempt Reporting Advisers, filed on March 31 this year with the Securities and Exchange Commission by AH Capital Management (hereafter a16z).

Caveat: it’s more than 400 pages long, might take a bit to browse.

I regret not downloading a copy when I first read this document in mid-March. I’d lost count as I scrolled through the form back then while counting the number of times SILICON VALLEY BANK and SVB appeared in the document as a second custodian for private funds.

You’ll recall SVB collapsed on March 10 this year.

The version of a16z’s Form ADV now shows SILICON VALLEY BANK, A DIVISION OF FIRST CITIZENS BANK reflecting the post-crash acquisition of SVB as part of a rescue plan. This new identity appears 84 times, with other financial management firms like J.P. Morgan, Merrill Lynch, and Raymond James each appearing in tandem but fewer times as fund custodians. None of the others appear as frequently as SVB.

While these financial managers are custodians, the frequency with which SVB is mentioned in a16z’s filing suggests a repeated relationship with SVB apart from fund custodian.

Is Substack’s renewed fundraising effort due to tightening of a16z’s financing capacity, possibly due to losses at SVB?

The Substack financials provided to potential crowdfunding investors certainly won’t shed light on their funders’ conditions.

~ ~ ~

What’s much more obvious about Substack’s recent launch of a microblogging platform “Notes” to complement its blog/newsletter format is its potential to draw down users from Twitter.

Substack Notes must also have cost some cash to develop and now going forward to administer.

It’s not clear whether the new microblogging platform will eventually offer an alternative source of monetization. It’s possible that Substack longform could remain subscription based as one revenue stream while Substack shortform could sell promoted Notes or advertisement space (Tumblr users will understand the advertising possibilities using scroll over content).

With advertisers abandoning Twitter causing its advertising revenue to tank by 89%, there’s money on the table out there somewhere waiting to be chased by a microblogging platform which isn’t a crustpunk Nazi bar. Is Substack positioning itself to sweep up some of the cash?

They may need to if Substack can’t go back to the VC well. Offering equity may be a way to ensure their longform writers stay on board with a change in business model since they may be happy to increase their earnings without having to hump more subscriptions.

There’s a limit to the subscription market, after all. How many subscriptions can the average reader afford?

~ ~ ~

It’s not just the possibility that the VC well has been affected by SVB’s crash; it’s the rolling damage to funding capacity caused by cryptocurrency ventures.

You’ll note in the Twitter financing graphics that cryptocurrency exchange Binance is a financier to Musk’s Twitter. Binance has been under investigation by the Internal Revenue Service and the Department of Justice; the latter has been split over whether to file criminal charges against Binance.

Fallout from the collapse of cryptocurrency exchange and hedge fund FTX also figures into the mix; it’s difficult for the public to readily determine which investment managers were exposed and how deeply unless the investment manager was so deeply over their heads in FTX that they are obviously failing — like Silvergate Bank which folded on March 9.

At that point it becomes an ourobouros eating itself since Silvergate’s collapse preceded and helped precipitate SVB’s collapse.

How much of Elmo’s desperate and sloppy flailing after cash through half-assed approaches like his new Twitter Blue is tied to the inability to seek more financing through non-traditional sources?

~ ~ ~

The stupidest part of all of this is that techbros did this to themselves through their own stupid hubris. Stupid, in that they didn’t bother to do their homework early enough to prevent this financial Jenga.

Hubris, in that they’ve acted like the rules don’t apply to them, as if they’ve got enough money they can throw it around endlessly without any concern they may be held accountable, as if rubbing their shoulders with people like themselves in their own circle is all they really need to assure their ongoing success.

Peter Thiel decided it was all about him and his immediate best buddies related to the Founders fund when he set off the bank run at SVB.

Never mind how this might affect the rest of the tech sector ecosystem, or the other non-technology businesses which had been persuaded to use SVB for their banking needs.

The PayPal Mafia-spawned techbro-hood finally failed its acolytes and the damage has yet to be fully realized.

I had $50m of my own money stuck in SVB,” Thiel told the Financial Times, omitting what you might imagine as the natural follow-on, “I can’t help it if I could run faster than the rest of you ahead of that grizzly bear gaining on us after I tweaked its nose.” But $50 million is loose change stuck in the cushions to a guy who made a billion on cryptocurrency, fortunately before the crypto-tulip mania began to crater.

Marc Andreesen and Ben Horowitz at a16z should have noticed much earlier that far too many of their investments overlapped either in the other financing on — like cryptocurrency exchanges — which they relied, or in the personalities of the techbros’ involved.

Did they buy into the hype about Elmo like so many Muskian fanbois? They could have done the legwork and discovered for themselves quite inexpensively what it is that Elmo didn’t want revealed in DE’s Chancery Court so badly that he scrambled out of exposure and simply closed on Twitter.

And then the others who have relied on a16z for funding like Chris Best at Substack, and all the writers who’ve signed up with Substack, all now hanging on to whatever it was that sold a16z about Elmo’s Twitter and the techbro ecosphere which banked at SVB…

Including Noam Bardin and Post.Media (Post Media, Inc.) which also received funding from a16z to launch as a Twitter competitor. The platform has not taken off as anticipated, its Terms of Service seen as stultifying and its flat excessively polished effect discouraging to building out social networking.

~ ~ ~

One other thing all these techbros who are pulling rugs out from under each other have in common: their age. The oldest are in their mid-50s and the youngest in their mid-40s. They’re old enough to have adult children, old enough not to want to sleep on the floor in their offices amidst pizza boxes and empty soda cans. Perhaps all of this bullshit circular firing squad among the techbros which leave us as collateral damage is really just a nasty mid-life crisis.

We should worry when they finally begin to clue into their mortality — one of them has already been eyeing the blood of teenagers for infusions as a fountain of youth, out of some sort of sick techbro vampirism. As if our social media environment and our nation’s economic welfare aren’t enough blood to siphon off.

The entire technology environment from social media to apps to network to cloud is ripe for a generational shift, a generation which won’t see the current techbros as the end-all-be-all of financing and development.

A generation used to being told to suck it up by guys who were born into wealth, hung out with wealthy tech dudes, and blinded by their own wealth, a generation used to screaming for relief while billionaire techbros blithely look to their own backsides is coming of age.

Elon Musk “Censors” Matt Taibbi’s Post about Twitter “Censoring” the “Hunter Biden” “Laptop” Story

Back in October 2020, #MattyDickPics Taibbi wrote a post on his Substack about the great scandal that Twitter throttled the dodgy NYPost story.

The incredible decision by Twitter and Facebook to block access to a New York Post story about a cache of emails reportedly belonging to Democratic nominee Joe Biden’s son Hunter, with Twitter going so far as to lock the 200 year-old newspaper out of its own account for over a week, continues to be a major underreported scandal.

The hypocrisy is mind-boggling. Imagine the reaction if that same set of facts involved the New York Times and any of its multitudinous unverifiable “exposes” from the last half-decade: from the similarly-leaked “black ledger” story implicating Paul Manafort, to its later-debunked “repeated contacts with Russian intelligence” story, to its mountain of articles about the far more dubious Steele dossier.

[snip]

The flow of information in the United States has become so politicized – bottlenecked by an increasingly brazen union of corporate press and tech platforms – that it’s become impossible for American audiences to see news about certain topics absent thickets of propagandistic contextualizing.

That makes the effect of Elon Musk’s decision yesterday to block links to Substack (as well as WordPress, on which this site is built) all the more tragicomic.

Here’s how that tragicomedy unfolded, in four five acts (note: Mehdi made the same joke I made yesterday at about the same time):

One:

Two:

Three:

Four:

Just days ago, as Mehdi Hasan shredded his false claims, #MattyDickPics squirmed as he explained that he had no criticism to make of authoritarian narcissist Elon Musk because he believed Musk intended to reverse what, #MattyDickPics claimed to believe, amounted to censorship from Twitter, including the throttling for 24-hours of one story from the NYPost.

Almost immediately after that, Elmo throttled not just #MattyDickPics’ own posts about “Hunter Biden’s” “laptop,” but scores of other such posts as well.

Update, Five:

Douglass Mackey’s Criminal Twitter Trolling

For the entire time since MattyDickPics started complaining about the fact he couldn’t see nonconsensual pictures of Hunter Biden’s dick, he and other apologists for disinformation have claimed there was nothing to the effort to suppress the vote using Twitter.

A jury in Brooklyn just decided otherwise. Douglass Mackey — who was indicted for attempting to suppress the Black and Latino vote in 2016 — was found guilty of conspiring to violate his targets’ right to vote.

As proven at trial, between September 2016 and November 2016, Mackey conspired with other influential Twitter users and with members of private online groups to use social media platforms, including Twitter, to disseminate fraudulent messages that encouraged supporters of presidential candidate Hillary Clinton to “vote” via text message or social media which, in reality, was legally invalid. For example, on November 1, 2016, in or around the same time that Mackey was sending tweets suggesting the importance of limiting “black turnout,” the defendant tweeted an image depicting an African American woman standing in front of an “African Americans for Hillary” sign. The ad stated: “Avoid the Line. Vote from Home,” “Text ‘Hillary’ to 59925,” and “Vote for Hillary and be a part of history.” The fine print at the bottom of the deceptive image stated: “Must be 18 or older to vote. One vote per person. Must be a legal citizen of the United States. Voting by text not available in Guam, Puerto Rico, Alaska or Hawaii. Paid for by Hillary For President 2016.” The tweet included the typed hashtag “#ImWithHer,” a slogan frequently used by Hillary Clinton. On or about and before Election Day 2016, at least 4,900 unique telephone numbers texted “Hillary” or some derivative to the 59925 text number, which had been used in multiple deceptive campaign images tweeted by Mackey and his co-conspirators.

Several hours after tweeting the first image, Mackey tweeted an image depicting a woman seated at a conference room typing a message on her cell phone. This deceptive image was written in Spanish and mimicked a font used by the Clinton campaign in authentic ads. The image also included a copy of the Clinton campaign’s logo and the “ImWithHer” hashtag.

The people with whom Mackey conspired are a collection of leading figures in the (Russian-backed) alt-Right.

I plan to return to this trial in weeks ahead.

But for the moment, this verdict says that all the disinformation that Matt Taibbi and Elon Musk are working to replatform on Twitter has been found to be potentially criminal.

Alleged DNC Hacker’s Co-Conspirator, Vladislav Klyushin, Convicted of Cheating Elon Musk and Others

One article of faith of “Russiagate” propagandists is that DOJ couldn’t convict any of the hackers involved in the 2016 Russian operation if one happened to wander into a friendly jurisdiction and get arrested.

Today in Boston, a jury convicted Vladislav Klyushin, the co-conspirator and boss of one of the men charged in the 2016 hack of the DNC. Klyushin was arrested and extradited from Switzerland two years ago.

The jury found Klyushin guilty on charges of hacking, wire fraud, securities fraud, and a conspiracy to hack.

Here’s how I described the hack-and-insider trade scheme after Klyushin’s extradition.

The insider trader scheme works like this: Klyushin (the guy in US custody) and Yermakov (a key person involved in the 2016 DNC hack, described in DOJ’s press release as a “former” GRU officer), along with one other guy from M-13, are[] accused of hacking at least two US filing agents to obtain earnings reports before they were officially released. They conducted trades for a handful of clients — along with Borodaev and Uryadov, Boris Varshavskiy is mentioned. Klyushin also conducted trades for himself.

As noted, one guy the jury found that Klyushin conspired with — in fact, the guy who hacked two US filing companies to obtain the information to use in insider trading — is Ivan Yermakov [Ermakov]. Before he went to work for Klyushin, he worked for Russian military intelligence, where he is alleged to have phished Democratic targets in 2016 and then exfiltrated data. Among other things, Mueller accused Yermakov of being one of two people who stole John Podesta’s emails.

According to court filings, the FBI didn’t get involved in this case until one of the filing companies that were targeted reported a hack in 2020. But the investigation relied on information that dated back years earlier.

Of particular note, Yermakov got a smart phone update on May 9, 2018 at the same IP address used to steal some earnings reports used in the insider trading scheme on that same day.

Based on a review of records obtained from a U.S.-based technology company (the “Tech Company”), I have learned that on or about May 9, 2018, at 3:44 a.m. (ET), an account linked to ERMAKOV received an update for three native applications associated to the Tech Company. Records show that the May 9, 2018 application updates were associated to IP address 119.204.194.11 (the “119 IP Address”).

Based on my review of a log file from FA 2, I learned that on or about that same day, May 9, 2018, starting at 3:46 a.m. (ET)–approximately two minutes after ERMAKOV received application updates from the Tech Company–the FA 2 employee’s compromised login credentials were used to gain unauthorized access to FA 2’s system from the same 119 IP Address, and to view and/or download earnings-related files of four companies: Cytomx Therapeutics, Horizon Therapeutics, Puma Biotechnology, and Synaptics.7 All four companies reported their quarterly earnings later that day.

Two months later, in July 2018, Mueller would charge Yermakov and others in the DNC hack.

Three months after that, on October 24, 2018, the co-conspirators targeted Tesla’s earnings announcement.

Klyushin bragged about knowing that Tesla would spike in value after its earnings statement. “Pay attention to shares of Tesla now and tomorrow after 16:30 and on how much they go up,” Klyushin advised some guys he let in on the racket. After the earning statement came out, Klyushin noted,

It was 288 but after the close it was already 308, and tomorrow will most likely hit 330 that’s 10. And with a shoulder 2-3 times its almost 25. But such deals don’t happen often in a quarter.

In precisely that time period, Elon Musk was consolidating his 20% ownership stake in Tesla. He bought $30 million in Tesla stock in the days and weeks after Klyushin and his co-conspirators front-loaded Tesla.

The following year, Klyushin and Yermakov would joke about how much cash they were accumulating by insider trading on companies like Tesla.

Below are photographs that the defendant shared with his co-defendant and employee, Ermakov, in August 2019. The pictures, taken at different times, show a single safe containing an increasing amount of U.S. one hundred dollar bills. Based on the amount of currency in the safe on the right, and a comment that the defendant made to Ermakov that the amount in the safe is about “3,” investigators believe that safe—whose exact location is unknown—may have contained as much as $3 million in cash

To add insult to injury, these are the cars that Klyushin and Yermkov bought with the proceeds they made from from insider trading on Tesla and other companies.

The picture was submitted at trial to prove the tie between Yermakov and Klyushin, demonstrated by the reference to their company incorporated into the vanity plates.

It’s absolutely the case that Ivan Yermakov is not going to arrive for prosecution in the United States any time soon. In fact, prosecutors found both WhatsApp chats between the two men, in 2019, describing Yermakov’s inability to leave Russia — and Klyushin’s promises to try to help — as well as a screen shot of the FBI wanted poster for Yermakov, taken in October 2020.

But a guy just convicted of conspiring with him did. And a jury found him guilty of hacking US targets.

Leaving Las Birdas

[NB: check the byline, thanks. /~Rayne]

Marcy asked Sunday about a checklist of actions:

It’d be useful for someone to put together a checklist for journalists to prepare for the inevitable banning: download archive, delete DMs and phone number, update Masto follows… What else?

I started drafting one but as I was doing so, Elmo was changing the rules. I had to toss some parts, rewrite others, do more research than I expected all because Elmo decided he was going to ban a journalist permanently (WaPo’s Taylor Lorenz) and ban all references to certain other social media platforms.

And then Musk did a 180-degree turn and deleted a bunch of the new rules late Sunday evening.

A flood of new users over the weekend combined with increased posting volume flooded Mastodon servers again, making everything a bit slow. It will speed up again once everything settles down into a new stasis.

Anyhow, here’s the list journalists probably could have used already.

1) Get your Archive — Do not pass go, do not collect $200 until you have requested an archive of your Twitter history which includes all your tweets, retweets, quote tweets, media, more.

— Select Settings and privacy.
— Choose Your account.
— Select Download an archive of your data.
— Confirm your password, then select Request archive.
— Watch for notice in your Settings within the next 2-5 days that your archive is ready to download. Don’t count on an email notification as those appear to be spotty.

This archive will not be readily readable to folks who don’t code, but there are tools to format it into readable structure.

2) Obtain 2FA backup passcodes — you need a way to access your account if Twitter’s 2FA service crashes. It has in Ukraine and India and spottily in the US since November 1.

Once you have your 2FA backup passcodes, make sure you have 2FA set up on your account. Next step will help a lot with 2FA.

3) Remove your phone number from your Twitter account. Lifehacker published a how-to. If you must keep a phone number attached, consider either switching it to a dedicated cheap burner or leave the existing number but get a new number wholly separate from Twitter for everything else.

Unauthorized use and sale of phone numbers may violate the FTC’s consent decree, but Musk has already proven repeatedly he doesn’t care what the FTC’s consent decree says, having violated it multiple times since taking control of Twitter. Don’t assume regulation can restrain him or that regulatory bodies in the U.S. or EU can act before the damage is done.

4) Leave contact information as to where else you can be found.

Musk is now suspending accounts for sharing Mastodon, Facebook, Instagram, Post, Tribel, TruthSocial, Nostr addresses and links. To ensure readers can still obtain addresses at these platforms, try these alternatives:

— There are three open source link shorteners available which can mask an underlying link. See https://opensource.com/article/17/3/url-link-shortener for information about Lessn More, Polr, and Yourls; or

— Use Glitch.com to cite all your social media addresses and identities in one link. You can ‘hide’ your Mastodon address in it and use the URL on your Twitter profile;

— Another approach is to collect your identities and put them in an image file and add it to a pinned tweet (do not include any text referring to the image’s content). So far I haven’t seen any indication Twitter is using OCR to detect ‘forbidden’ addresses except perhaps in profile header images;

— If you already have a blog, you can draft a post or a page with all your contact information in it and link to that page/post. (I’ve done this, it’s very easy.)

5) Delete your Direct Messages (DMs) — this may take some time if you haven’t had a practice of deleting them as you go along. In the future use Signal for private messages with auto-deletion so you don’t have this albatross to deal with if you need to leave another social media platform.

Protect your sources and ask them to make sure they’ve deleted on their end as well.

6) Delete your Tweets — this is not a necessity and may actually cause problems if others have relied on your tweets in their reporting. Unlike DMs, tweets are assigned a unique URL; deleting one can create a 404 error for anyone who cited one of your tweets. Think long and hard about doing this.

It may be difficult to delete more than your last 3200 tweets. I couldn’t; the service I used choked on the copy of my archive for one of my accounts. So I left it as it was.

If you have sensitive tweets which could end up deleted by Twitter’s current or future regime, consider archiving them in the Wayback Machine at the Internet Archive.

7) Pull a list of follows/followers if you’re headed to Mastodon — technically speaking, this information is in your archive copy but without the right tool it can be difficult for the non-coder to read. Use tools like Fedifinder or Twitodon to pull a list of follows/followers identifying those who’ve migrated to Mastodon already. Log into your Mastodon account and follow the emigres as desired.

8) Nuclear Options: a) Lock your account, or b) Deactivate/Delete your account.

a) Locking your account means it is only visible to your existing followers at the time it is locked. You won’t get spammed/trolled by non-following accounts while you’re locked. Other accounts may try to follow you but you’ll have to approve them and at this point most may be spammers or troll/bot accounts not worth your time to screen let alone approve.

b) Deactivating/Deleting your account will freeze your username for 30 days but after that the username is available for use by another new user. I do NOT recommend this; if your name is your brand, you don’t want someone misusing it. Just make sure the account is secured by 2FA and walk away.

Between my two accounts I have less than 3000 followers and I’d informed them the account was going on hiatus and left info on how to find me. I locked my accounts and haven’t logged back in.

9) Prep your other social media/future social media home — I’m not going to assume journalists are headed to Mastodon though many are. Some media figures are heading elsewhere.

— Make sure to update your other/new media accounts with new addresses as appropriate;

— Make sure you’ve activated 2FA or MFA secured logins on your other/new accounts;

— If you’re leaving Twitter, remove buttons and links from your social media accounts and — blog/website which take readers to your Twitter account;

— Share a post as soon as possible on your alternate platform(s) advising your status, and then make sure to sustain some level of consistency in posting there to develop audience.

10-a) If you are moving to Mastodon — find the circulating lists of journalists who’ve opened a Mastodon account. Follow your peeps from that list, have yourself added to that list.

an ongoing Google Doc of journalists prepared by Tim Chambers, administrator of indie.social (@[email protected]):

https://docs.google.com/spreadsheets/d/13No4yxY-oFrN8PigC2jBWXreFCHWwVRTftwP6HcREtA/htmlview

The list is at least 1280 entries long. When clicking through the link above, note the link at the top to a form to collect new entry’s personal information.

an ongoing active list of verified journalists prepared by Dave Lee of the Financial Times (@[email protected]):

https://www.presscheck.org/

Caveat: Dave is swamped, there’s a backlog of requests by new accounts.

10-b) If you are moving to Mastodon — you have a lot to learn in a short period of time; make sure you understand how Mastodon’s culture differs from Twitter’s, and how the lack of algorithms and nominal analytics may change your mode of operation.

— YouTube video introduction by Jeff Jarvis (@[email protected]), journalism prof at CUNY Newmark School:

https://www.youtube.com/watch?v=Xnbct41Sxnk

— Introduction to Mastodon at Washington Post:

A guide to getting started with Twitter alternative Mastodon (gift link)

There was another intro at Wall Street Journal this weekend as well — which says something interesting, doesn’t it? I don’t have a link to it, though, as I don’t have a subscription.

~ ~ ~

Now, a note about reporting on Elmo and Twitter going forward: ARCHIVE TWEETS BEFORE REPORTING ABOUT THEM. Make this an automatic practice.

I’ve run in to a number of situations where journalists have posted in Mastodon about Twitter rules and Elmo’s tweets, sharing links to the Twitter-based content. Because I refuse to give Twitter traffic I copy the URL of the tweet and check the Internet Archive first for an archived copy instead.

I can’t tell you how many times the shared tweet url had NOT been archived, even this Sunday during the height of Musk-ian confusion about the new rule regarding mentions of social media competitors.

Do not trust Elmo not to delete content whether tweets or administrative content under Help, Twitter Support, or other Twitter organization account. Take a screenshot, document the hell out of it. Add any links to the Wayback Machine at the Internet Archive.

Polititweet had been archiving Musk’s tweets including tracking those deleted, but I can’t be certain it’s up to date.

Just don’t trust him or the business he runs because it’s not the Twitter you once knew.

~ ~ ~

Go. Remember you’re supposed to afflict the comfortable and comfort the afflicted. Do it from a better place than the circus Twitter has become.

Held Hostage by the Barmy Bird

[NB: check the byline, thanks. /~Rayne]

Of all the journalists suspended by Elmo on the bird site, I was bothered most by that of Voice of America’s Steve Herman.

I mentioned before he’s a straight news kind of guy. I’d followed his account at Twitter so far back I can’t remember which of us had a Twitter account first. He was one of the few early Twitter sources I could rely on for news about earthquakes in Japan. His coverage of the Fukushima nuclear power plant in 2011 was invaluable.

But the most important factor about Herman’s suspension is that he is a U.S. government employee.

Herman works for us. He’s paid with our tax dollars.

And a single foreign-born billionaire offering weak excuses after the fact had OUR public employee suspended for doing their job.

Once again, I’ll point out that Elmo was exercising his own free speech rights by suspending journalists on the social media platform he owns.

Popehat said it better, of course:

Remember: Twitter is Elon’s company, he has the free speech and free association right to run it pretty much however he wants and to ban people for petty narcissistic reasons.

And we have the right to laugh and point at his ridiculousness and at the free-speech pretenses of his gullible fans.

But even Popehat said that on Mastodon.

Elmo may be within his rights to capriciously decide to suspend journalists, but in suspending VOA’s Herman it became crystal clear that the U.S. government should not allow its resources to be subject to the whim of a single individual when the entire country relies on those resources.

Thankfully, Herman was already on Mastodon before the suspension and has been ramping up posting on that open platform since he launched his account.

But it’s who else is NOT on Mastodon which is now a problem.

Every member of Congress who has an account on Twitter is vulnerable to suspension.

Every U.S. government department and agency still on Twitter is likewise at risk.

Let’s say Musk becomes annoyed with the Federal Aviation Administration because of its regulations on airspace and planes, commercial and private. Could he suspend the FAA’s account?

Or perhaps Musk gets his pants in a knot about National Aeronautics and Space Administration because he and NASA don’t see eye to eye about a SpaceX-related matter. Could he suspend NASA accounts (there are multiple for this agency).

One might say, “Surely Musk wouldn’t be stupid/crazed enough to do that.”

Except he’s already suspended one employee of a U.S. government agency, and holding that person’s account hostage until content is deleted from that person’s account.

Elmo might have the right to do this, but the U.S. should not be held hostage by a pasty excessively-monied git with an unmanaged ego.

Look at this situation from another angle: this is ransomware denying service to a user until a specific deliverable has been provided.

In VOA’s case, Musk by way of Twitter Safety has demanded Herman delete a tweet before service will be resumed.

How should a government agency respond to demands for ransom like this, when an open platform is ready and waiting to provide alternative service?

There’s no good reason why each department and agency is still on Twitter but not on Mastodon, nor is there any good reason why each member of Congress doesn’t have an account on Mastodon.

None of the work government departments, agencies, and employees do should be impeded by the private sector let alone by a single butt-hurt billionaire.

Contact your members of Congress and tell them this needs to be fixed going into the next session of Congress. Each of them and their caucuses need to have a non-commercialized open social media platform account.

Congressional switchboard: (202) 224-3121 or use Resist.bot (which has a Mastodon account, by the way).