To make the above statement. . . is to admit you are not even remotely doing the first job of every chat board — public safety. [I have debated about whether I would actually link Parler’s filing of this afternoon, but I think the world needs to know this is how the CEO and his lawyer think: leaving (for example) over 1,000 posts explaining to terrorists how to conduct another 9/11 attack, with specificity? No. Big. Deal. “We’ll just put it on our glitch list, for clean up in a few weeks….” Think of Dennis Nedry, the programmer in the original “Jurassic Park“, here — only a million times worse (at right).]
But this is exactly what Parler’s CEO is arguing in reply to the AWS filings. “Hey — so, we didn’t get around to deleting these last 1,000 credible death threats, and disclosures of ways to operationalize the threats — but we did delete at least 25,000 specific threats, after January 6, 2021….” No biggie, right?!:
…After Twitter banned President Trump on January 8, the increased new users and activity caused Parler to go down for seven hours, resulting in a backlog of 26,000 instances of content that potentially encouraged violence. Peikoff Dec., ¶ 13; Matze Dec., ¶ 9. However, over the next two days, Parler was able to systematically remove almost all of this content, which progress was reported to AWS, and within 48 hours by the end of Sunday — when AWS shut Parler down — Parler had removed all but some 1,000 problematic posts….
UPDATED — Hearing set: “…Telephone Conference via ZoomGov set for 1/14/2021 at 10:00 AM before Judge Barbara J. Rothstein.” End update.
The solo lawyer in Washington state, for Parler, ought to be more than a little concerned that he may soon have real blood on his hands.
I had said two weeks ago from Arizona that things would get worse before they got better — and I do not intend to cover all of the “worse”, here. . . but this much needs to be seen in public. Low information people making the argument that this is censoring good people ought to read all of this sworn pleading out of Seattle overnight.
In it, AWS seeks, and will be granted, the right to seal the identities of certain employees and executives, as well as other “triangulating” details, since Parler members are threatening repeatedly to kill them. Including the company’s outside trial counsel.
Disgusting — but they will not succeed. And, to see screen shots of the vile things these miscreants are threatening, click here. I won’t print it out in full, on this blog. But each person who authored one of those posts (and they are known, or knowable, via actual picture IDs — on the AWS servers’ archived copies of Parler’s member applications), will be picked up by local law enforcement for questioning, in pretty short order. The entirety of this ill-starred litigation will be dumped very shortly, by the able USDC Judge Rothstein in Seattle.
In a more positive vein, I think we need some Cynthia Ervio to remind us “where we are going. . .” — now, in just one week:
This eleven pager may not be the last status report, out of LA, to be sure — but we are nearing the point now where almost everything the advocates for asylum seekers and migrants at the Southern Border ask after, request or demand under existing law… will simply be told… “Okay, let’s do it the most humane and decent way possible” by ICE, DHS and BP agents, in court — in LA, San Diego and yes even Oakland, and DC. At the heart of Flores, afterall is a nearly 30 year old, long followed (until Baby-T’s four year term) remedial, restorative settlement order.
It will be the end of Sarah Fabian’s pedantic, cramped and often combative readings of clear remedial court orders, of clear appellate rulings, and of clear statutes on point. It may mean the opening of disciplinary proceedings at DC and California bar authorities — for failure to act when she very well knew the welfare of hundreds of very young, unaccompanied children — and, at least six times, not just “ordinary welfare“, but life-threatening conditions existed which led to the deaths of six children in federal custody.
The state and federal laws impose special duties on all lawyers, on both sides, for the welfare of children in matters in court that directly relate to the welfare of those same children. By my lights, at least, having volunteered for over a decade as a child advocate at a federally funded 501(c)(3), under Illinois law Ms. Fabian and several of her deputies could pretty readily be… disbarred.
Mr. Biden has said that as quickly as possible, after the 20th, he will order that the parents of all these children be found, and transportation and other accomadations be made — to reunite them all, and release them on personal recognizance bonds, into the interior of our nation, if hearings are still pending. That is a step toward justice. But only a step.
Many, many of these families and sponsors will have substantial claims for damages against the federal government, under Bivens, and its progeny. That will be another step toward justice, that all taxpayers will have to pay, on account of the Tangerine Musolini.
Ahem. This interim bad result won’t last very much longer. Mr. Biden’s administration will restore access to the “by mail” prescriptions.
After all, the regulations single out only family planning drugs, to the exclusion of all others, for this more burdensome and in-person requirement. That rings in as a non-medical, but more than impliedly religious expression of discrimination.
Various states will be back to allowing women to take control over their own family planning without risking COVID-19 exposure in a doctor’s office, just to go get a pill.
The CEO of Parler was apparently on Tucker Carlson’s show tonight (making endless false statements of law and fact) — there was zero chance I’d watch, and so here is reality: he will be bounced out of federal court, on his oafish ears, very shortly.
As I said last night (and AWS’s lawyers aver below), there is no duty, contractual or otherwise, for AWS to allow the raw sewage of sedition to be pushed through its very efficient servers’ pipes. And it is not a restraint of trade, when there are literally hundreds of other ways to get hosted on the big wide internet. And several of those don’t care about complying with the laws of host countries — so Parler will fit right in.
And those making such statements will find themselves in a conversation with FBI or Homeland Security (since Parler requires picture IDs — many will be subject to arrest, after FBI warrants are served on the existing Parler archived copies at AWS). Do read all 16 pages — but this is the executive summary of it all:
…This case is not about suppressing speech or stifling viewpoints. It is not about a conspiracy to restrain trade. Instead, this case is about Parler’s demonstrated unwillingness and inability to remove from the servers of Amazon Web Services (“AWS”) content that threatens the public safety, such as by inciting and planning the rape, torture, and assassination of named public officials and private citizens. There is no legal basis in AWS’s customer agreements or otherwise to compel AWS to host content of this nature. AWS notified Parler repeatedly that its content violated the parties’ agreement, requested removal, and reviewed Parler’s plan to address the problem, only to determine that Parler was both unwilling and unable to do so. AWS suspended Parler’s account as a last resort to prevent further access to such content, including plans for violence to disrupt the impending Presidential transition.
Despite Parler’s rhetoric, its lawsuit is no more than a meritless claim for breach of contract. But the facts are unequivocal: If there is any breach, it is Parler’s demonstrated failure and inability to identify and remove such content. AWS was well within its rights to suspend Parler immediately for those failures. Parler also cannot hold AWS liable in tort for enforcing the agreement’s express terms. And there is no antitrust claim where, as here, Parler cannot plausibly plead an agreement to cause it harm and the complained-of conduct is undeniably compatible with a legitimate purpose.
Compelling AWS to host content that plans, encourages, and incites violence would be unprecedented. Parler has no likelihood of prevailing on the merits, and the balance of equities and public interest strongly tip against an injunction. The motion for a temporary restraining order should be denied….
Many, many now self-proclaimed US seditionists who posted on Parler, previously should be prepared to apologize if they weren’t present in DC, and/or provide alibis if they were — explaining exactly where they were, and when they were standing “somewhere else” — while 60 or more officers were injured in and around the Rotunda, in the violent insurrection of the 6th. Finally — those inside the Rotunda may all be properly charged with felony murder. That’s up to a life sentence. But would certainly earn at least twenty years, if the rioter was near where the officer was beaten to death.
Trump has perhaps a plausibly real chance of jail, along with Rudy G., for inciting sedition as well. And that jail time is before we talk about tax fraud in New York, or bank fraud at Deutsche Bank. And, before theft of honest services fraud at all his clubs — by forcing our tax dollars to pay inflated prices for hotel nights in Scotland, and Florida and New Jersey. And on and on. It will all be. . . depressing, but critically vital work — bringing him and his crime family to justice.
With that, let’s spin the Nina Simone cut — anew. I am optimistic about America’s new day:
And… from my older brother:
UPDATE @ Midnight Eastern — I just posted this on the message board for the “Is It Down” website.
Okay kids, you may want to read this.
Everywhere they go, the Parler team’s management is likely to confront the same problem: No one wants them.
US law enforcement will now likely invoke the 9/11 Patriot Act Section 215 duties, against any ISP foolish enough to host this garbage. Track and Trace.
Prepare for an online life without Parler — and many of you should accept being banned from the mainstream social media sites. It is not censorship to prevent violent sedition, kids.
It is fairly preposterous on its face (but here is the ludicrous complaint, just the same). It will be bounced — and likely sooner rather than later — right out of the federal District Courts in Seattle.
Parler’s sole practitioner lawyer seems to think it is a Sherman Act violation to decline to host dangerous, seditious content, even where (as here) Amazon’s web services unit makes very clear that the service is a privilege not a right, and AWS may suspend it for rules violations, and may terminate the server hosting, after the suspension period (30 days) passes. That is where this is headed. But here is the able USDC Judge Barbara Jacobs Rothstein’s order, and a bit tonight. Parler didn’t serve AWS in a timely fashion, and given the request for a one sided TRO, this one will likely be dumped summarily out of court soon. [We mentioned the scant merits in passing, early this afternoon.]
…As noted above, Defendant AWS has apparently not been served either with the Complaint or the instant motion. Furthermore, Parler’s attorney has not “certifie[d] in writing any efforts made to give notice and the reasons why it should not be required.” The Western District of Washington Local Rules are exceedingly clear: “Motions for temporary restraining orders without notice to and an opportunity to be heard by the adverse party are disfavored and will rarely be granted.” LCR 65(b)(1). In the absence of the certification outlined in Fed. R. Civ. P. 65(b)(1)(B), Parler has the obligation to “serve all motion papers on the opposing party before or contemporaneously with the filing of the motion and include a certificate of service with the motion.” Id.
Therefore, the Court hereby orders Parler to “serve all motion papers,” including the Complaint, on AWS by no later than 5:00 p.m. PST today, January 11, 2021. AWS shall respond to the Motion for TRO no later than 5:00 p.m. PST, January 12, 2021. Parler may file any reply no later than 12:00 noon PST, January 13, 2021. The parties shall follow all rules for briefing, including page limits, set out in the Local Rules….
[Ed. Note: Tonight, AWS responded, as follows.] …As required by Local Civil Rule 65(b)(5), Defendant Amazon Web Services, Inc. (“AWS”) provides notice that it intends to oppose Plaintiff Parler LLC’s Motion for Temporary Restraining Order, which asks for an order “enjoining the defendant from suspending Parler’s account with AWS or terminating the Agreement.” Dkt. 2 at 2. Local Civil Rule 65(b) permits AWS to file a response within 48 hours of service of the Motion. AWS has not been served, and Parler’s account was terminated the day before it filed its Motion. AWS intends to respond to the Motion no later than 9 p.m. on January 12, 2021….
Why on Earth are all these jokers so… terribly incompetent? Wait. Wait. Don’t answer that. Grinning. . . .
It’s been filed in the Western District of Washington — US District courthouse, in Seattle.
It will be all but certainly… be bounced. It fails to account for violations of terms of service terminations in the contract. There is no vested right to force a host… to keep open networked sedition, and/or insurrection, on any network, in the USA. Especially after an actual overt, completed domestic terrorists’ assault on the US Capitol — by all the same actors.
The lithely graceful, long legged copper-hued Juno — periodically dipping in close to Jupiter, ever since July of 2016, will now extend its mission, and float weighlessly very close to three of the massive, whirring giant’s captive, and sheperded moons. So I am… thrilled, in a word. This is the sort of space science where we get a huge additional return on our investment, for nearly no new additional cap ex — as we only need spend for ground support teams and the dish time to stay in communication, as we adjust the smooth sailing beauty’s orbital paths, into 2025.
As you may imagine (if you’re a longer term reader), I am grinning widely — expectantly awaiting what we learn, about Europa, especially. Here is the latest, from Ars Technica:
…As part of a research plan submitted by Scott Bolton, Juno’s principal investigator, the spacecraft will fly to within 1,000km of the surface of Ganymede this summer to within 320km of Europa in late 2022 and to within 1,500km of the volcanically active Io twice in 2024….
With these flybys, Juno will be able to study surface changes on Ganymede since the Voyager and Galileo missions and investigate the 3-D structure of Ganymede’s magnetosphere. In coming so close to Europa, Juno should be able to identify regions where the moon’s ice shell is thick or thin and confirm the presence of subsurface liquid water. In making multiple close flybys of Io, Juno will monitor short-term changes in volcanic activity, which evolved dramatically between Voyager and Galileo over a matter of months….
Join me, please — in applauding the idea that even in a time of crisis for our system of ordered liberty, the best and brightest of us can keep their eyes fixed on these admittedly distant prizes, and the interplanetary / interstellar insights we may glean, glistening in the clear cold night skies… way… out there. We all sleep, afterall, under these same night skies. Onward.
I think it is fair to say that the more apt analogy — in his opening minute or so — might well be the burning of the Reichstag, as the Nazi Party used the fire as a pretext to claim that communists were plotting against the German government, which made the fire pivotal in the establishment of Nazi Germany. Moreover, Jews might correctly point out that six million haven’t died, here — so it is unfair, to invoke the holocaust — in the same breath as Wednesday’s sedition.
I will say though, Arnold’s more generally-made points are good ones.
Additionally, I do appreciate that he takes responsibility for the pathos that was post-war Austria. And he is right, that the slope is a very slippery one, from democracy, to chaos — on to totalitarianism. It is over seven minutes long, but well worth the watch time.
[He may be making a bid to be the 2024 candidate, in a “reformed” Republican party. But I’d never vote for him, based on his record as California Governor; even so, he does make solid points here.] And if it changes even one rabid Baby-T supporter’s view… it is a worthwhile effort.
As sad as the story of Arnold’s childhood is — and there still remain ten or so dark days ahead — I remain, in turn… filled with optimism, for America’s future, post the dotard.
I’ll likely not post on each incremental change, as they will come in waves now, likely in far less than 24-hour increments. The top line will remain that Baby T has at most eleven days left. Ivanka has told her staff the whole family (dad included) will leave the White House by the 19th, never to return (with Mar-A-Lago, as the reported destination). So perhaps ten.
Baby T will have to use the communication means 44 prior office-holders used, henceforth — as all his social accounts are permanently suspended, citing credible ongoing threats of inciting insurrection and sedition. He may open a Parler account, where concentrated far right hate holds sway at the moment — but he isn’t there yet. And both Google and Apple are in the throes of demanding more responsible policies of moderation against lawless activity there, in order to keep that app / download available in their online stores.
I do not think a self pardon will achieve anything (other than an additional count, in the eventual indictments) — and I am convinced Pence will not pardon Baby-T, if he indeed takes the seat for a few days, at the end (by whatever means).
That’s the chaos. And to be sure, Baby-T could do more damage in these last ten days. But the bright side of all of this is that Biden/Harris will repeal the pernicious Muslim banning / immigration orders, and likely the unconstitutional TikTok / WeChat orders, and those environmental protection gutting orders, and the EEOC anti-diversity orders, and the “required” America first mis-education orders… and on and on, in his first few days.
Also grin inducing are the reports that Sen. Murkowski (R., Alaska) may shortly switch parties, to become a Democrat — if Baby T doesn’t resign. That would make it 51-49, in the Senate.
So there is much to be hopeful for.
I for one, will choose… just that — hope, and cogent strategies, for real change. Kinda’ like a couple, and a guy I knew — in 2008. Smile.
To make the above statement. . . is to admit you are not even remotely doing the first job of every chat board — public safety. [I have debated about whether I would actually link Parler’s filing of this afternoon, but I think the world needs to know this is how the CEO and his lawyer think: leaving (for example) over 1,000 posts explaining to terrorists how to conduct another 9/11 attack, with specificity? No. Big. Deal. “We’ll just put it on our glitch list, for clean up in a few weeks….” Think of Dennis Nedry, the programmer in the original “Jurassic Park“, here — only a million times worse (at right).]
