A U.S. federal judge rolled back on a Department of Defense ban on investments in Chinese budget smartphone maker Xiaomi, citing insufficient evidence that the company posed a national security threat.
On Friday, U.S. District Judge Rudolph Contreras said that the court had found the Department of Defense (DoD) had “not made the case that the national security interests at stake here are compelling.”
According to the ruling, Contreras explained a preliminary injunction on the ban aimed to prevent Xiaomi from suffering “irreparable harm in the form of serious reputational and unrecoverable economic injuries.”
The judge added the ban deprived Xiaomi of its right to due process.
“Xiaomi is a publicly traded company that produces commercial products for civilian use, is controlled by its independent board and controlling shareholders, and is not effectively controlled or associated with others under the ownership or control of the People’s Republic of China or its security services,” the judge stated.
Xiaomi expressed joy toward the ruling in a statement noting it believes a designation of it as a Communist Chinese military company was “arbitrary and capricious.”
“We would like to emphasize once again that Xiaomi is a listed company with independent operation and management, decentralized equity and open stock trading. Our electronic products are for ordinary consumers. We believe that the inclusion of Xiaomi in the list of Chinese military related enterprises is an arbitrary and capricious decision, and the judge also agreed with it. We will continue to ask the court to finally rule that the decree is invalid for Xiaomi,” the company said in a statement released on Saturday.
The company stressed that it would continue to request the court to permanently remove the designation.
Earlier in January, during former president Donald Trump’s final days in office, he listed Xiaomi and eight other Chinese companies as one of several “Communist Chinese military companies (CCMC)” under the National Defense Authorization Act of 1999.
Investors with stakes in the listed companies were at that time required to sell their interests by a deadline set by the DoD.
Weeks later, Xiaomi sued the government and now, just two months after the blacklisting, citing the designation as “unconstitutional because it deprives Xiaomi of its liberty and property rights without due process of law” and therefore violates the Fifth Amendment of the U.S Constitution.
With that in mind, on the same day of the ruling, the Federal Communications Commission (FCC) issued a statement stressing the dangers that companies such as Huawei, ZTE, and three other Chinese companies pose toward national security.
An intentional move meant at chilling the water following Xiaomi’s removal from the CCMC designation.
“This list is a big step toward restoring trust in our communications networks,” said Acting Chairwoman Jessica Rosenworcel. “Americans are relying on our networks more than ever to work, go to school, or access healthcare, and we need to trust that these communications are safe and secure. This list provides meaningful guidance that will ensure that as next-generation networks are built across the country, they do not repeat the mistakes of the past or use equipment or services that will pose a threat to U.S. national security or the security and safety of Americans.”
For many Haitian migrants, journey to Texas started online
For the final leg of his journey from Chile to the United States, Haitian migrant Fabricio Jean followed detailed instructions sent to him via WhatsApp from his brother in New Jersey who had recently taken the route to the Texas border.
His brother wired him money for the trip, then meticulously mapped it out, warning him of areas heavy with Mexican immigration officials.
“You will need about 20,000 pesos (about $1,000 U.S. dollars) for the buses. You need to take this bus to this location and then take another bus,” recounted Jean, who spoke to The Associated Press after reaching the border town of Del Rio.
What Jean didn’t expect was to find thousands of Haitian migrants like himself crossing at the same remote spot. The 38-year-old, his wife and two young children earlier this month joined as many as 14,000 mostly Haitian migrants camped under a Del Rio bridge.
A confluence of factors caused the sudden sharp increase at the Texas town of about 35,000 residents. Interviews with dozens of Haitian migrants, immigration attorneys and advocates reveal a phenomenon produced partly by confusion over the Biden administration’s policies after authorities recently extended protections for the more than 100,000 Haitians living in the United States.
It also reflects the power of Facebook, YouTube and platforms like WhatsApp, which migrants use to share information that can get distorted as it speeds through immigrant communities, directing migration flows. That’s especially true for tight-knit groups like the Creole-and-French-speaking Haitians, many of whom left their homeland after its devastating 2010 earthquake and have been living in Latin America, drawn by Brazil and Chile’s once-booming economies.
In extending protections for Haitians this spring, the Biden administration cited security concerns and social unrest in the Western Hemisphere’s poorest country.
Homeland Security Secretary Alejandro Mayorkas said the temporary protections were limited to those residing in the U.S. before July 29 — but that condition was often missing in posts, leading Haitians outside the United States to believe they, too, were eligible.
Mayorkas acknowledged that this week, saying “we are very concerned that Haitians who are taking the irregular migration path are receiving misinformation that the border is open,” or that they qualify for protected status despite the expired deadline.
“I want to make sure it is known that this is not the way to come to the United States,” he said.
Thousands of Haitians have been stuck in Mexican border towns since 2016, when the Obama administration abruptly halted a policy that initially allowed them in on humanitarian grounds.
Online messages touting the Mexican town of Ciudad Acuña, across from Del Rio, started after President Joe Biden took office and began reversing some of the Trump administration’s immigration policies.
Ciudad Acuña has been spared the drug and gang violence seen elsewhere along the border. Some of the social media posts recommending it appear to have come from human smugglers seeking to drum up business, according to immigrant advocates.
Haitians began crossing there this year, but their numbers ballooned after a Biden administration program that briefly opened the door to some asylum seekers ended, said Nicole Phillips, of the San Diego-based Haitian Bridge Alliance, which advocates for Haitian migrants. The program allowed in a select number of people deemed by humanitarian groups to be at high risk in Mexico.
Once it ceased in August, people panicked, and the messages recommending Ciudad Acuña “went viral,” Phillips said.
“That’s why they rushed at this time to get in,” she said. “They realized they wouldn’t be able to get in legally through a port-of-entry like they were hoping.”
Del Rio is just one example of how technology that has put a smartphone in the hands of nearly every migrant is transforming migration flows, according to advocates. Migrants often monitor the news and share information on routes. The most popular platform is WhatsApp, which connects 2 billion people worldwide.
In 2020, after Turkey announced that the land border with Greece was open, thousands of migrants headed there – only to find the gates closed on the Greek side. Similar sudden mass migrations have happened elsewhere in Europe.
In 2018, social media posts and WhatsApp messages fueled caravans that swelled to 10,000 mostly Central American migrants who arrived at the U.S.-Mexico border.
Last week, in a Facebook group for Haitians in Chile with 26,000 members, one member posted specific instructions on routes through Mexico. It included paths to avoid and recommended certain bus companies.
“Good luck and be careful,” said the post, written in Haitian Creole.
Another member shared a different route in the comments. The group’s members have since relayed stories of horrific conditions in Del Rio and risks of being deported.
The International Organization for Migration found most of the 238 Haitians who were surveyed in March after passing through a 60-mile (100-kilometer) stretch of jungle between Colombia and Panama known as the Darien Gap received route information from family or friends who had made the dangerous trek.
About 15% said they saw instructions on the internet.
Agency spokesman Jorge Gallo said the instructions led the migrants to believe crossing the gap was “difficult but not impossible.”
But just as similar messages drew many Haitians to Del Rio, news of the Biden administration deporting hundreds on the Texas border caused some to change their plans.
A 32-year-old Haitian woman who made it to Del Rio with her two teenage children bought bus tickets to Mexico City after receiving a cousin’s audio message via WhatsApp. She previously lived in Chile for four years.
“Wait in Mexico until this month is over. They will pick up everyone under the bridge. After that, they will give me the contact to enter Miami,” said the recording in Creole, which she played for an AP reporter. The AP is withholding the woman’s name to protect her safety.
Facebook Inc., which owns WhatsApp, allows people to exchange information about crossing borders, even illegally, but its policy bars posts that ask for money for services that facilitate human smuggling.
Robins Exile said he and his pregnant wife, who left Brazil after he lost his job amid the pandemic-wracked economy, headed to Tijuana, Mexico, instead after seeing warnings via YouTube and WhatsApp from fellow Haitian migrants.
“A lot of Haitians are advising now not to come to Acuña. They say it’s no longer a good place,” he said.
On Wednesday, Antonio Pierre, 33, who was camped in Del Rio with his wife and daughter, listened to the news on his friend’s cellphone.
“The U.S. is releasing some but just a few,” he said, referring to U.S. officials who told the AP on Tuesday that thousands of Haitians in custody were being let go and ordered to report to an immigration office, contradicting the Biden administration’s announcement that all Haitians camped in the town would be expelled to Haiti.
Nelson Saintil and his wife and four children had been camped in Texas but moved back to Mexico as they awaited word on where to go next to avoid deportation.
“I do not want to be like mice who do not find out that they are falling into a trap,” he said. “Because returning to Haiti is to bury a person alive.”
DEL RIO, Texas (AP)
Facebook footed $13 billion bill on security since 2016, report finds
Facebook publicized that since 2016 the social network mogul invested over $13 billion by onboarding 40,000 new staffers to endorse the platform’s security and safety measures, following a series of leaks by the Wall Street Journal (WSJ).
Weeks after the Wall Street Journal’s “The Facebook Files” were published, the social media giant went back over to the same grounds and revealed in a blog post the extent it is willing to take to safeguard and maintain safety and security on its platform.
“In the past, we didn’t address safety and security challenged early enough in the product development process,” Facebook said.
“But we have fundamentally changed that approach. Today, we embed teams focusing specifically on safety and security issues directly into product development teams, allowing us to address these issues during our product development process, not after it,” the post added.
In its series of allegations, the WSJ averred that Facebook purposely postponed any action implementation during the COVID-19 period, even though the Big Tech giant was aware of the severity of the situation and the effects of spreading misinformation and misleading emotional burden on its userbase.
According to the newspaper, Facebook was aware of the affliction it was exposing its users to, and the platform refrained from dealing with or fixing these issues out of worry it might influence user engagement.
In a way to embellish the Big Tech giant’s public image, Facebook executive Nick Clegg issued a counterstatement accusing the publication of intentionally mislabeling what the company was trying to accomplish during the pandemic.
To highlight the Big Tech mogul’s efforts, the platform’s security teams executed a plan leading to a purge of more than 150 stealthy influence operations. Facebook’s sophisticated artificial intelligence (AI) played a major role in blocking 3 billion fake accounts in the first half of 2021 and has upgraded itself since then.
“Today, we embed teams focusing specifically on safety and security issues directly into product development teams, allowing us to address these issues during our product development process, not after it. Products also have to go through an Integrity Review process, similar to the Privacy Review process, so we can anticipate potential abuses and build in ways to mitigate them. Here are a few examples of how far we’ve come,” the post declared.
In parallel, the company proceeded to exonerate itself from The Facebook Files by revealing that it consciously removed content that represented a direct violation of its standards on hate speech, in addition to removing 15 times more of similar content from its platform and Instagram in 2017 alone.
This happened by implementing advanced technology that acts by learning from one language to apply the same tactics on all posts in various languages to augment its performance level.
New Discord feature will bring back YouTube music
Weeks after Discord users witnessed the decease of their favorite music bots due to copyright violations filed by Google, the multimedia communication platform is now integrating YouTube music in a small number of Discord servers as of today.
The feature, which is called “Watch Today” provides Discord users with the ability to watch YouTube videos together. Almost 10 months ago, a similar feature popped up for Discord users as a test before disappearing and resurfacing this time as Watch Today.
The company has made it its priority to add this particular feature after witnessing a crackdown on music bots from YouTube. The popular video calling platform made it clear in their legal cease and desist letter to Groovy Bot, a popular music bot, that it will shut down the channel within days. Low and behold, YouTube did exactly that, followed by the most popular Discord music bot, Rythm.
Watch Together seems eerily similar to the music bots that got shutdown, except no illegalities will occur this time. The button to launch it appears next to the video and screen sharing options. “It’s designed specifically with YouTube in mind, allowing Discord server members to create a playlist of YouTube videos by searching or pasting in YouTube links. You can even toggle a remote button that lets other Discord server members share the ability to control playback,” as stated by The Verge.
However, Discord warned users that when utilizing the Watch Together feature, users “may see ads during YouTube videos.”
While that may not be the best news for Discord users looking to enjoy listening parties, popping ads will be an extra addition and potential revenue opportunity for YouTube.
The feature is currently strictly available for friends and family servers today, but the company has publicized its tentative aim for making it widely available to all users by the end of October.
For those who are interested in testing the feature for themselves, you can find it live in Discord’s Game Labs server.
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