October, 16 2017, 12:45pm EDT
Lawsuit Launched to Protect Endangered Rusty Patched Bumblebee
Illinois Highway Project Would Destroy Bee Habitat.
CHICAGO
The Center for Biological Diversity today filed a formal notice of intent to sue the Federal Highway Administration and Illinois Department of Transportation for failing to prevent harm to the endangered rusty patched bumblebee.
In awarding Endangered Species Act protection to the bee in March, the U.S. Fish and Wildlife Service acknowledged that all of the bee's remaining populations are important to its survival. The species has already declined by an estimated 91 percent, yet the agency recently signed off on a federal highway project in Illinois that will destroy bee habitat.
"Federal and state officials can't just walk away from their legal obligation to protect the rusty patched bumblebee," said Stephanie Parent, a senior attorney at the Center. "Like many Midwesterners, my childhood was filled with the buzzing of fuzzy bumblebees. It angers me that the agencies entrusted to protect this critically imperiled creature are refusing to do their jobs."
Rusty patched bumblebees are pollinators that are vital for healthy ecosystems and food security. They were once widely found across the upper Midwest and Northeast, but their numbers have plummeted dramatically since the 1990s, largely because of habitat destruction. They are the only mainland U.S. bee species to have obtained federal protection, and were sighted as recently as August in undeveloped land along the Fox River, slated to be bisected by the Longmeadow Parkway and toll bridge.
Rather than acknowledge the bee's presence and formally consult on the highway project's potential harm to the bee, as the law requires, the agencies conducted a cursory habitat survey only within the immediate footprint of the bridge that failed to fully assess threats to the bee.
"The Endangered Species Act is 99 percent effective at protecting our most imperiled wildlife, but it can only work when its mandates are followed," said Parent. "Since these agencies have ignored the bee's presence, we've got no choice but to take legal action to force officials to protect these important little animals."
If the agencies do not agree to enter into formal consultation within 60 days, the Center plans to sue them for violations of the Endangered Species Act.
At the Center for Biological Diversity, we believe that the welfare of human beings is deeply linked to nature — to the existence in our world of a vast diversity of wild animals and plants. Because diversity has intrinsic value, and because its loss impoverishes society, we work to secure a future for all species, great and small, hovering on the brink of extinction. We do so through science, law and creative media, with a focus on protecting the lands, waters and climate that species need to survive.
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Biden Signs TikTok Ban—Among the 'Stupidest and Most Authoritarian' Tech Bills
One critic said that "the bill doesn't touch the homegrown spyware U.S. companies churn out" and "also strikes at the First Amendment right to receive information."
Apr 24, 2024
Digital rights defenders on Wednesday slammed the passage of a U.S. foreign aid package containing a possible nationwide TikTok ban as unconstitutional, xenophobic, and ill-advised during an election year in which President Joe Biden desperately needs as many young votes as possible.
Biden signed the $95 billion bill late Wednesday morning after senators voted 79-18 the previous evening to approve the package, which includes tens of billions of dollars in U.S. military assistance for Ukraine, Taiwan, and Israel—which is waging a genocidal war against Palestinians in Gaza.
One of the bill's provisions would force ByteDance, TikTok's Chinese parent company, to sell the app to a non-Chinese company within a year or face a federal ban. Approximately 170 million Americans use TikTok, which is especially popular among members of Gen-Z and small-to-medium-sized businesses, and contributes tens of billions of dollars to the U.S. economy annually.
"Whether it's dressed up as a ban or a forced sale, the bill targeting TikTok is one of the stupidest and most authoritarian pieces of tech legislation we've seen in years," Fight for the Future director Evan Greer said in a statement.
Jenna Leventoff, senior policy counsel at the ACLU, called the provision "nothing more than an unconstitutional ban in disguise."
"Banning a social media platform that hundreds of millions of Americans use to express themselves would have devastating consequences for all of our First Amendment rights, and will almost certainly be struck down in court," she added.
Jameel Jaffer, executive director of the Knight First Amendment Institute at Columbia University, said:
The First Amendment means that the government can't restrict Americans' access to ideas, information, or media from abroad without a very good reason for it—and no such reason exists here. Repackaging the government's reasons for the ban in the language of "national security" does not change the analysis. There's no national security exception to the First Amendment, and creating such an exception would make the First Amendment a dead letter.
Proponents of the possible ban attempted to spin it as something else and pointed to precedents including the 2020 forced sale of the popular LGBTQ+ dating app Grindr, formerly owned by a Chinese company.
"I want to be very clear: This is not a 'TikTok ban,'" Sen. John Fetterman (D-Pa.), who voted to approve the bill, said in a statement. "I have no interest in banning TikTok. This bill will simply make TikTok safer by separating it from the Chinese Communist Party so that the data of 170 million Americans—many of whom are children—is protected."
Senate Commerce Committee Chair Maria Cantwell (D-Wash.) said before Tuesday's vote that "Congress is acting to prevent foreign adversaries from conducting espionage, surveillance, maligned operations, harming vulnerable Americans, our servicemen and women, and our U.S. government personnel."
"Banning TikTok without passing real tech regulation will just further entrench monopolies like Meta and Google, without doing anything to protect Americans from data harvesting or government propaganda."
However, Kate Ruane, who directs the Center for Democracy & Technology's Free Expression Project, asserted that "Congress shouldn't be in the business of banning platforms. They should be working to enact comprehensive privacy legislation that protects our private data no matter where we choose to engage online."
Greer said that "not only is this bill laughably unconstitutional and a blatant assault on free expression and human rights, it's also a perfect way to derail momentum toward more meaningful policies like privacy and antitrust legislation that would actually address the harms of Big Tech and surveillance capitalism."
Greer continued:
Banning TikTok without passing real tech regulation will just further entrench monopolies like Meta and Google, without doing anything to protect Americans from data harvesting or government propaganda.
We could be months away from another Trump administration, and top Democrats are busy expanding mass surveillance authority and setting the precedent that the government can ban an entire social media app based on vague 'national security' concerns that haven't been explained to the public.
Some critics questioned the wisdom of Biden signing off on a potential ban of the most popular social media app among many young users during an election year in which many younger voters are disappointed in the president's record on climate, student debt relief, the Gaza genocide, and more.
One user of X, the social platform formerly known as Twitter, said earlier this year that signing the bill would demonstrate a "comical level of political malpractice, the equivalent of seeing the rake on the ground and purposefully stepping on it."
Moments after Biden signed the bill, TikTok CEO Shou Zi Chew
vowed, "We aren't going anywhere."
"The facts and the Constitution are on our side and we expect to prevail again," he said, referring to the three times when federal judges blocked efforts to ban TikTok.
TikTok CEO Shou Chew responds to the bill that could ban the app: “Make no mistake, this is a ban, a ban of TikTok and a ban on you and your voice.”
“Rest assured, we aren’t going anywhere.”
pic.twitter.com/qElI8JvY0D
— philip lewis (@Phil_Lewis_) April 24, 2024
In the most recent case, U.S. District Court Judge Donald Molloy ruled last December that a Montana law that would have banned the app "violates the Constitution in more ways than one" and had a "pervasive undertone of anti-Chinese sentiment."
It is unclear who would buy TikTok. Analysts estimate the platform is worth upward of $100 billion, placing it out of reach for all but the biggest U.S. tech titans and, ironically, setting up possible antitrust challenges from the very administration that ultimately forced the sale.
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Israel's War on Gaza Has Helped Fuel 'Near Breakdown of International Law': Amnesty
"What we saw in 2023 confirms that many powerful states are abandoning the founding values of humanity and universality enshrined in the Universal Declaration of Human Rights," Amnesty's secretary-general said.
Apr 24, 2024
Government aggression and the rise of Big Tech are threatening the rules-based international order and global human rights, Amnesty International warned in its annual State of the World's Human Rights report, released Wednesday.
The organization expressed particular alarm over Israel's war on Gaza and the inability or unwillingness of its allies to rein in the government of Prime Minister Benjamin Netanyahu from bombing civilian populations, displacing more than 1.9 million people, and restricting the flow of aid into the besieged Gaza Strip. This and other conflicts, such as Russia's invasion of Ukraine, had led to a "near breakdown of international law," Amnesty said.
"For millions the world over, Gaza now symbolizes utter moral failure by many of the architects of the post-World War Two system; their failure to uphold the absolute commitment to universality, our common humanity, and to our 'never again' commitment," Amnesty International's secretary-general Agnès Callamard wrote in the preface to the report.
"One country, one government is allowed to annihilate international law, to put its middle finger in the eye of international law."
Amnesty wrote that Israel had made a "mockery" of some of the key tenants of international humanitarian law such as proportionality and distinction by targeting civilization populations and infrastructure such as refugee camps, hospitals, bakeries, and United Nations schools. As of the end of 2023, Israel had killed 21,600 Palestinians, a third of them children. At present, the death toll has surpassed 34,200, though that is likely an undercount as many remain buried beneath rubble.
Amnesty International researcher Budour Hassan toldDeutsche Welle that it was "utterly disappointing" that "one country, one government is allowed to annihilate international law, to put its middle finger in the eye of international law, and go on as if nothing has happened, normalizing the abnormal, normalizing the atrocities that have been happening, so that the crime that was an atrocity two days ago would become normal."
Hassan said there were things that the international community could do to try to stop the violence, such as cutting off weapons sales to Israel and Palestinian armed groups.
"It's just that the international community has proven desperately unwilling and incapable of upholding these norms," Hassan added, saying that, by failing to act, it could be "signing a death sentence to the whole international order."
In particular, Amnesty criticized the U.S. for spending months vetoing U.N. Security Council resolutions calling for a cease-fire, as well as European Union countries like Germany and the U.K. that called out their opponents' human rights abuses but continued to back Israel.
"What we saw in 2023 confirms that many powerful states are abandoning the founding values of humanity and universality enshrined in the Universal Declaration of Human Rights,” Callamard said.
In addition to Israel and its Western allies, Amnesty also pointed to Russia and its ongoing invasion of Ukraine, as well as China's human rights abuses against the Uyghur and financial backing of the Myanmar military, which killed at least 1,000 civilians in 2023.
"We have here three very large countries, superpowers in many ways, sitting on the Security Council that have emptied out the Security Council of its potentials, and that have emptied out international law of its ability to protect people," Callamard toldThe Associated Press of the U.S., Russia, and China.
In addition to state actors, Amnesty International sounded the alarm about the growing power of large technology companies, and, in particular, the rollout of artificial intelligence. The human rights group said that both new and existing technologies were making it easier for governments to target vulnerable groups like women, minorities, and members of the LGBTQ community. For example, the New York City Police Department informed Amnesty that it used facial recognition technology to keep tabs on Black Lives Matter activists, while Israel used it in the West Bank to help control Palestinian movement. The organization warned of how under-regulated technologies could exacerbate the scapegoating of marginalized groups as many countries hold elections in 2024.
"Big Tech's surveillance business model is pouring fuel on this fire of hate, enabling those with malintent to hound, dehumanize, and amplify dangerous narratives to consolidate power or polling," Callarmard said. "It's a chilling specter of what's to come as technological advances rapaciously outpace accountability."
Callarmard called for reforms to the U.N. Security Council so that no country could use its veto power to obstruct action and for better governmental regulation of developing technologies.
The silver lining is that ordinary people around the world continue to demonstrate for human rights, both their own and others. Amnesty cited the international movement for a cease-fire in Gaza; abortion rights protests in the U.S., El Salvador, and Poland; and the Fridays for Future youth movement to phase out fossil fuels and address the climate emergency.
"People have made it abundantly clear that they want human rights; the onus is on governments to show that they are listening," Callamard said.
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Chamber of Commerce Sues to Block FTC Ban on Anti-Worker Noncompete Agreements
"Why does the U.S. Chamber of Commerce hate dynamism in the American economy, where workers are free to move to the best opportunities, and companies are free to recruit the best talent?" asked one economist.
Apr 24, 2024
The powerful U.S. Chamber of Commerce sued the Federal Trade Commission on Wednesday in an effort to block the agency's widely celebrated new rule banning most noncompete clauses, pervasive contract agreements that restrict employees' ability to work for or start a competing business.
The Chamber filed its lawsuit alongside the Business Roundtable and other corporate lobbying groups in a federal court in Texas. The suit came shortly after Ryan LLC, a tax service firm, filed the first legal challenge to the FTC's rule in a separate Texas venue.
"The commission's categorical ban on virtually all non-competes amounts to a vast overhaul of the national economy," reads the Chamber's complaint against the rule, which the FTC finalized in a 3-2 vote on Tuesday.
The agency, led by Biden-appointed Commissioner Lina Khan, estimates that roughly 30 million U.S. workers are subject to a noncompete agreement, limiting their ability to start their own companies or switch jobs in pursuit of better wages and benefits.
"Noncompete clauses keep wages low, suppress new ideas, and rob the American economy of dynamism, including from the more than 8,500 new startups that would be created a year once noncompetes are banned," Khan said in a statement Tuesday. "The FTC's final rule to ban noncompetes will ensure Americans have the freedom to pursue a new job, start a new business, or bring a new idea to market."
"Noncompetes are about reducing competition, full stop. It's in their name."
The Chamber, the largest corporate lobbying organization in the United States, signaled its intent to sue the FTC immediately after the agency finalized its new rule on Tuesday.
"The Federal Trade Commission's decision to ban employer noncompete agreements across the economy is not only unlawful but also a blatant power grab that will undermine American businesses’ ability to remain competitive," Chamber president and CEO Suzanne Clark said in a statement following the FTC's vote.
While the organization claims to fight for the interests of businesses small and large, a Public Citizen report published earlier this year found that the majority of the Chamber's legal work supports big corporations.
The Chamber acknowledged in response to questioning from a pair of Democratic senators last year that its corporate members use noncompete clauses—though the group did not specify which members.
"Why does the U.S. Chamber of Commerce hate dynamism in the American economy, where workers are free to move to the best opportunities, and companies are free to recruit the best talent?" asked University of Massachusetts Amherst economics professor Arin Dube in response to the Chamber's pledge to sue over the FTC's rule.
According to the FTC, its ban would boost the average U.S. worker's earnings by $524 a year, increase new business formation by close to 3% annually, and lower national healthcare costs by nearly $200 billion over the next decade.
"Noncompetes are about reducing competition, full stop. It's in their name," Heidi Shierholz, president of the Economic Policy Institute, said Tuesday. "Noncompetes are bad for workers, bad for consumers, and bad for the broader economy. This rule is an important step in creating an economy that is not only strong but also works for working people."
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