Glenn Greenwald
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Court Rejects Google's Attempt to Dismiss Rumble's Antitrust Lawsuit, Ensuring Vast Discovery
An unusual and significant court ruling entitles YouTube's main competitor, Rumble, to obtain long-hidden internal documents on Google's search engine manipulations.
November 07, 2022
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In this Photo illustration a Google logo seen displayed on an android smartphone. (Photo Illustration by Avishek Das/SOPA Images/LightRocket via Getty Images)

This article was originally published on Substack on July 30, 2022

A federal district court in California on Friday denied Google's motion to dismiss a lawsuit alleging that the Silicon Valley giant is violating federal antitrust laws by preventing fair competition against its YouTube video platform. The lawsuit against Google, which has owned YouTube since its 2006 purchase for $1.65 billion, was brought in early 2021 by Rumble, the free speech competitor to YouTube. Its central claim is that Google's abuse of its monopolistic stranglehold on search engines to destroy all competitors to its various other platforms is illegal under the Sherman Antitrust Act of 1890, which makes it unlawful to “monopolize, or attempt to monopolize…any part of the trade or commerce among the several States, or with foreign nations.”

It is rare for antitrust suits against the four Big Tech corporate giants (Google, Facebook, Apple and Amazon) to avoid early motions to dismiss. Friday's decision against Google ensures that the suit now proceeds to the discovery stage, where Rumble will have the right to obtain from Google a broad and sweeping range of information about its practices, including internal documents on Google's algorithmic manipulation of its search engine and the onerous requirements it imposes on companies dependent upon its infrastructure to all but force customers to use YouTube.

Founded in 2013, Rumble began experiencing explosive growth in the run-up to the 2020 election. Americans were encountering escalating and aggressive Big Tech censorship of political content as the election approached. Conservative politicians, followed by a wide range of heterodox voices on the right and left, began migrating by the millions away from Google's YouTube to Rumble, which has promised and provided far more permissive free speech rights. That was at the time when Google and other Big Tech platforms — at the urging of the Democratic-controlled Congress— began aggressively increasing its censorship of political video content on YouTube in the name of combatting “disinformation” and “hate speech.”

The explosive user growth which Rumble enjoyed in 2020 has continued to rapidly increase, as Big Tech generally, and Google specifically, clamped down further on dissident views in the name of the COVID pandemic, and now even more so with respect to the US/NATO role in the war in Ukraine. More and more prominent politicians, journalists and commentators, along with smaller content creators, have either been banned by YouTube or left on their own accord to join Rumble as Google's crackdown on free speech intensifies. The ability to speak more freely on Rumble regarding the most contentious political debates has become one of the key drivers of the exodus of users from YouTube to Rumble.

During the COVID pandemic, Rumble allowed far greater questioning of the claims and policies of U.S. public health official Dr. Anthony Fauci and the World Health Organization — regarding the virus's origins, the efficacy of masks, and the justifiability of vaccine mandates — than Big Tech platforms permitted. For the first year of the pandemic, Big Tech users who questioned or rejected the official story that COVID-19 was zoonotic rather than due to a lab leak in Wuhan were silenced or banned: a censorship policy that was reversed only when the Biden administration itself admitted that it did not know the answer to that question and would officially investigate it.

Similarly, Americans who were stifled or outright barred by Big Tech from citing pre-election revelations about Joe Biden from the archive of his son obtained by The New York Post found a place, on Rumble, where they could openly reference and discuss them. And Rumble has aggressively resisted pressure campaigns from the U.S. government and corporate media outlets and outright legal bans enacted by the EUrequiring all platforms to cease allowing “pro-Russian” news outlets such as RT and Sputnik to be heard.

Rumble's user growth, driven overwhelmingly by growing anger toward Big Tech censorship and de-platforming, has continued to swell this year. As Investor Place's Ian Cooper wrote in April, “its user base hit a new record of 41 million monthly active users in the first quarter of 2022. That is 22% growth quarter-over-quarter.” Moreover, “Rumble is setting user engagement records. In the first quarter of 2022, Rumble users watched about 10.5 billion minutes per month.”

As discussed on this page and as was reported by The Washington Post, I was one of a group of nine journalists and commentators, along with former Congresswoman Tulsi Gabbard (D-HI), to make Rumble my primary home for video journalism in mid-2021 based on support for its free speech principles and the need for alternatives to centralized Big Tech repression. Though the purpose of that Post article was to predictably malign Rumble as a cesspool of hate speech and disinformation — relying on and extensively quoting a “disinformation" expert who happens to partner withU.S. and British intelligence agencies and Big Tech platforms such as Google and Facebook — The Post was forced to acknowledge how significant Rumble's growth has been (and since that August, 2021 Post article, the growth has increased further):

Rumble has grown from 1 million active users last summer to roughly 30 million, said the site’s chief executive Chris Pavlovski, a Canadian tech entrepreneur who worked a brief internship at Microsoft and founded a viral-joke website before launching Rumble in 2013. And its traffic has exploded: According to data shared with The Washington Post by the analytics firm Similarweb, visits in the United States to the site grew from about 200,000 in the last week of July 2020 to nearly 19 million last week — a 9,000 percent increase.

Though Rumble's audience size is still significantly smaller than YouTube's, the threat posed by Rumble to YouTube is real. Rumble's imminent merger with the special purpose acquisition company (SPAC) CF Acquisition Corp. VI will effectively make Rumble a public company and is likely to arm it with far greater capital to compete even more robustly with YouTube.

But the major obstacle to competing with Big Tech giants generally, and Google specifically, is that these companies have acquired such extreme market dominance in so many key areas of the internet that they abuse that power to prevent competition and crush any competitors who pose a challenge. That these four Big Tech giants are classic monopolies in violation of the antitrust law was the emphatic conclusion of the House Judiciary Subcommittee on Antitrust, Commercial, and Administrative Law's comprehensive 2020 report, a conclusion that now has ample support from leading members of both parties.


The lawsuit brought by Rumble against Google is designed to ensure free and fair competition, so that the public is not effectively forced to use YouTube but can instead fairly choose among Google's competitors as well. The primary allegation is that Google abuses its power as the dominant search engine and destroys free competition for online video platforms by manipulating its algorithms to prevent YouTube's competitors, including Rumble, from being found by the public.

Attempts to find Rumble videos through Google searches are purposely thwarted by burying Rumble's videos and instead redirecting the user to YouTube, the lawsuit alleges. Google's “chokehold on search is impenetrable, and that chokehold allows it to continue unfairly and unlawfully to self-preference YouTube over its rivals, including Rumble, and to monopolize the online video platform market.” I often am unable to find my own videos using Google's search engines even when I recall the title of the video more or less perfectly, and have frequently heard the same complaint from viewers.

Further illegal monopolistic acts alleged by the complaint include Google's manufacturing of its Android phones with a pre-installed YouTube app as the default video setting, and imposing agreements on other Android-based mobile smart device manufacturers to pre-install YouTube, place it in the most prominent position, and prevent users from deleting it. The court summarized the alleged anti-competitive results of Google's behavior this way (citations omitted):

[Google] “requires Android device manufacturers that want to preinstall certain of Google’s proprietary apps to sign an anti-forking agreement.” [Rumble] alleges that once an Android device manufacturer signs an anti-forking agreement, Google will only provide access to its vital proprietary apps and application program interfaces if the manufacturer agrees: “(1) to take (that is, pre-install) a bundle of other Google apps (such as its YouTube app); (2) to make certain apps undeletable (including its YouTube app); and (3) to give Google the most valuable and important location on the device’s default home screen (including for its YouTube app).”

 

As another example, [Rumble] asserts that “Google provides share of its search advertising revenue to Android device manufacturers, mobile phone carriers, competing browsers, and Apple; in exchange, Google becomes the preset default general search engine for the most important search access points on a computer or mobile device.” And, by becoming the default general search engine, Google is able to continue its manipulation of video search results using its search engine to self-preference its YouTube platform, making sure that links to videos on the YouTube platform are listed above the fold on the search results page.” [Moreover], Google’s revenue sharing agreements allow it to maintain a monopoly in the general search market and online video platform market).

As a result of the denial of Google's motion to dismiss the complaint, the lawsuit will now proceed to the discovery stage. After denying Google's request to dismiss the lawsuit prior to discovery, the judge scheduled a conference at which a discovery plan would be established. This phase of the lawsuit is when one party can obtain a broad range of documents from the other relevant to the claims of the lawsuit.

The antitrust specialist Matt Stoller, Research Director of the American Economic Liberties Project, said about the ruling: “Getting past the motion to dismiss stage is quite meaningful, and depending on what turns up in discovery Google could be in serious trouble.” This ruling should enable Rumble to acquire and utilize extremely revealing documents about how Google exploits its algorithms to manipulate search results on its dominant search engine, as well the burdensome requirements it imposes on other companies dependent on Google's infrastructure to ensure prominent promotion of YouTube.

Google did not respond to requests for comment on the judicial ruling. Rumble's statement was naturally celebratory: "We welcome the court’s decision, which is a significant step toward ending Google’s unlawful preferences for YouTube and helping to put creators first. We look forward to starting discovery."

When Rumble first filed the suit, its founder and CEO, Chris Pavlovski, told Fox News’ Tucker Carlson that the company's data specialists had determined that, with its search engine algorithmic manipulations, “Google has redirected up to 9.3 billion visitors to YouTube instead of to Rumble.” These anti-competitive practices by Google, he argued, destroy the possibility for innovation and competition: “Imagine being a tech entrepreneur trying to build an online video platform. You absolutely do not have a shot. You do not have a chance. You have pre-installed YouTube apps on phones. You have a rigged search engine. You have no ability to compete in this market.”

Lawsuits like these have the ability to unite people across the political spectrum. Stoller, one of the nation's leading scholars on the question of Big Tech monopolistic dominance, noted that "the case leverages antitrust action by the government pursued under both Trump and Biden. It’s also notable that this ruling came from an Obama-appointed judge. Clearly concentrations of power worry both sides.”

Regardless of whether one is an avid admirer of the modern iteration of capitalism, there is nothing to cheer when a tiny group of corporate behemoths can corner a market and prevent competition. That is particularly true when — as is obviously the case for Big Tech — the "market” in question is now the primary means by which Americans gather information, politically organize, receive and disseminate news, and question and debate the most consequential political controversies. The political and propagandistic aspects of these anti-competitive practices substantially elevate the public interest in fostering free and fair market competition. To allow a tiny number of tech monopolists to maintain a stranglehold on the digital public square is self-evidently dangerous, especially as they escalate their censorship regime, due to some combination of their own political interests, the demands of the majority political party in Washington, and the incessant grievances of their own work force.

These dangers are not abstract. Perhaps they were most vividly seen in January, 2021, when Parler — designed as a free speech alternative to Facebook and Twitter — became the most-downloaded app in the country, fueled by anger over the pre-election censorship of the New York Post's reporting on Joe Biden's activities in Ukraine and China as well as the banishment of President Trump by a consortium of Big Tech firms. As soon as Parler rose to the top spot, Democratic politicians such as Rep. Alexandria Ocasio-Cortez and censorship activists groups such as Sleeping Giants demanded that Google and Apple immediately remove Parler from their app stores, preventing any further downloading. Other Democratic lawmakers then demanded that Amazon Web Services, the dominant hosting company that had enabled Parler's website, terminate its agreement with Parler.

Within forty-eight hours, all three Silicon Valley monopolies complied with these demands. Parler instantly went from the most popular app in the country — thanks to the free speech principles it upheld — to utterly crippled if not destroyed. It attempted to come back but never really recovered. That was as brute and stark a display of Big Tech's ability and willingness to destroy any successful competitors as one might imagine. And in the process, they not only abused their anti-competitive dominance to destroy one of their few successful competitors but also, heeding the demands of Democratic Party politicians, abolished one of the few significant venues on the internet where Americans could gather to freely question and dissent from the orthodoxies and pronouncements of their leaders.

The New York Times, Jan. 10, 2021

There are other antitrust actions currently pending against the Big Tech giants from both private companies and, increasingly, the Federal Trade Commission (FTC). But this suit from Rumble has enormous potential to open competition in the vital video uploading market and, perhaps even more importantly, shed substantial light on the extremely opaque and guarded algorithmic manipulations Google uses to force down the public's throat the content it wants them to see while hiding that which it does not want them to see.

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Good news about your Locals membership and our move to Substack

Dear Locals members:

We have good and exciting news about your Locals membership. It concerns your ability to easily convert your Locals membership to SYSTEM UPDATE into a Substack subscription for our new page, with no additional cost or work required.

As most of you know, on February 6, we announced the end of our SYSTEM UPDATE program on Rumble, or at least an end to the format we’ve used for the last 3 years: as a live, nightly news program aired exclusively on Rumble.

With the end of our show, we also announced that we were very excited to be moving back to Substack as the base for our journalism. Such a move, we explained, would enable us not only to continue to produce the kind of in-depth video segments, interviews, and reports you’ve grown accustomed to on SYSTEM UPDATE, but would also far better enable me to devote substantial time to long-form investigations and written articles. Our ability at Subtack to combine all those forms of journalism will enable (indeed, already is enabling) us to ...

Super article, one of his best. Excellently persuasive. Thanks Glenn!

I am going to pick a quotation that has a pivotal focus for the reading:

”(oil is often cited as the reason, but the U.S. is a net exporter of oil, and multiple oil-rich countries in that region are perfectly eager to sell the U.S. as much oil as it wants to buy)”

There is another argument that states that it is to prevent Iran from selling oil to China. So then there is the question, that if Iran only agreed to not sell oil to China, would we still be on the brink of a new war with Iran?

There is also the question of how much money does it cost simply to transport all that military hardware to that region in order to “persuade” Iran and then if Trump decides to return all that military hardware back to home base how much is that cost in addition to the departure journey?

https://open.substack.com/pub/greenwald/p/the-us-is-on-the-brink-of-a-major?r=onv0m&utm_medium=ios

NEW: Message from Glenn to Locals Members About Substack, System Update, and Subscriptions

Hello Locals members:

I wanted to make sure you are updated on what I regard as the exciting changes we announced on Friday night’s program, as well as the status of your current membership.

As most of you likely know, we announced on our Friday night show that that SYSTEM UPDATE episode would be the last one under the show’s current format (if you would like to watch it, you can do so here). As I explained when announcing these changes, producing and hosting a nightly video-based show has been exhilarating and fulfilling, but it also at times has been a bit draining and, most importantly, an impediment to doing other types of work that have always formed the core of my journalism: namely, longer-form written articles and deep investigations.

We have produced three full years of SYSTEM UPDATE episodes on Rumble (our premiere show was December 10, 2022). And while we will continue to produce video content similar to the kinds of segments that composed the show, they won’t be airing live every night at 7:00 p.m. Eastern, but instead will be posted periodically throughout the week (as we have been doing over the last couple of months both on Rumble and on our YouTube channel here).

To enlarge the scope of my work, I am returning to Substack as the central hub for my journalism, which is where I was prior to launching SYSTEM UPDATE on Rumble. In addition to long-form articles, Substack enables a wide array of community-based features, including shorter-form written items that can be posted throughout the day to stimulate conversation among members, a page for guest writers, and new podcast and video features. You can find our redesigned Substack here; it is launching with new content on Monday.

For our current Locals subscribers, you can continue to stay at Locals or move to Substack, whichever you prefer. For any video content and long-form articles that we publish for paying Substack members, we will cross-post them here on Locals (for members only), meaning that your Locals subscription will continue to give you full access to our journalism. 

When I was last at Substack, we published some articles without a paywall in order to ensure the widest possible reach. My expectation is that we will do something similar, though there will be a substantial amount of exclusive content solely for our subscribers. 

We are working on other options to convert your Locals membership into a Substack membership, depending on your preference. But either way, your Locals membership will continue to provide full access to the articles and videos we will publish on both platforms.

Although I will miss producing SYSTEM UPDATE on a (more or less) nightly basis, I really believe that these changes will enable the expansion of my journalism, both in terms of quality and reach. We are very grateful to our Locals members who have played such a vital role over the last three years in supporting our work, and we hope to continue to provide you with true independent journalism into the future.

— Glenn Greenwald   

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The Epstein Files: The Blackmail of Billionaire Leon Black and Epstein's Role in It
Black's downfall — despite paying tens of millions in extortion demands — illustrates how potent and valuable intimate secrets are in Epstein's world of oligarchs and billionaires.

One of the towering questions hovering over the Epstein saga was whether the illicit sexual activities of the world’s most powerful people were used as blackmail by Epstein or by intelligence agencies with whom (or for whom) he worked. The Trump administration now insists that no such blackmail occurred.

 

Top law enforcement officials in the Trump administration — such as Attorney General Pam Bondi, FBI Director Kash Patel, and former FBI Deputy Director Dan Bongino — spent years vehemently denouncing the Biden administration for hiding Epstein’s “client list,” as well as concealing details about Epstein’s global blackmail operations. Yet last June, these exact same officials suddenly announced, in the words of their joint DOJ-FBI statement, that their “exhaustive review” found no “client list” nor any “credible evidence … that Epstein blackmailed prominent individuals as part of his actions.” They also assured the public that they were certain, beyond any doubt, that Epstein killed himself.

 

There are still many files that remain heavily and inexplicably redacted. But, from the files that have been made public, we know one thing for certain. One of Epstein’s two key benefactors — the hedge fund billionaire Leon Black, who paid Epstein at least $158 million from 2012 through 2017 — was aggressively blackmailed over his sexual conduct. (Epstein’s second most-important benefactor was the billionaire Les Wexner, a major pro-Israel donor who cut off ties in 2008 after Epstein repaid Wexner $100 million for money Wexner alleged Epstein had stolen from him.)

 

Despite that $100 million repayment in 2008 to Wexner, Epstein had accumulated so much wealth through his involvement with Wexner that it barely made a dent. He was able to successfully “pilfer” such a mind-boggling amount of money because he had been given virtually unconstrained access to, and power over, every aspect of Wexner’s life. Wexner even gave Epstein power of attorney and had him oversee his children’s trusts. And Epstein, several years later, created a similar role with Leon Black, one of the richest hedge fund billionaires of his generation.

 

Epstein’s 2008 conviction and imprisonment due to his guilty plea on a charge of “soliciting a minor for prostitution” began mildly hindering his access to the world’s billionaires. It was at this time that he lost Wexner as his font of wealth due to Wexner’s belief that Epstein stole from him.

 

But Epstein’s world was salvaged, and ultimately thrived more than ever, as a result of the seemingly full-scale dependence that Leon Black developed on Epstein. As he did with Wexner, Epstein insinuated himself into every aspect of the billionaire’s life — financial, political, and personal — and, in doing so, obtained innate, immense power over Black.

 


 

The recently released Epstein files depict the blackmail and extortion schemes to which Black was subjected. One of the most vicious and protracted arose out of a six-year affair he carried on with a young Russian model, who then threatened in 2015 to expose everything to Black’s wife and family, and “ruin his life,” unless he paid her $100 million. But Epstein himself also implicitly, if not overtly, threatened Black in order to extract millions more in payments after Black, in 2016, sought to terminate their relationship.

 

While the sordid matter of Black’s affair has been previously reported — essentially because the woman, Guzel Ganieva, went public and sued Black, accusing him of “rape and assault,” even after he paid her more than $9 million out of a $21 million deal he made with her to stay silent — the newly released emails provide very vivid and invasive details about how desperately Black worked to avoid public disclosure of his sex life. The broad outlines of these events were laid out in a Bloomberg report on Sunday, but the text of emails provide a crucial look into how these blackmail schemes in Epstein World operated.

 

Epstein was central to all of this. That is why the emails describing all of this in detail are now publicly available: because they were all sent by Black or his lawyers to Epstein, and are thus now part of the Epstein Files.

 

Once Ganieva began blackmailing and extorting Black with her demands for $100 million — which she repeatedly said was her final, non-negotiable offer — Black turned to Epstein to tell him how to navigate this. (Black’s other key advisor was Brad Karp, who was forced to resign last week as head of the powerful Paul, Weiss law firm due to his extensive involvement with Epstein).

 

From the start of Ganieva’s increasingly unhinged threats against Black, Epstein became a vital advisor. In 2015, Epstein drafted a script for what he thought Black should tell his mistress, and emailed that script to himself.

 

Epstein included an explicit threat that Black would have Russian intelligence — the Federal Security Service (FSB) — murder Ganieva, because, Epstein argued, failure to resolve this matter with an American businessman important to the Russian economy would make her an “enemy of the state” in the eyes of the Russian government. Part of Epstein’s suggested script for Black is as follows (spelling and grammatical errors maintained from the original correspondents):

 

you should also know that I felt it necessary to contact some friends in FSB, and I though did not give them your name. They explained to me in no uncertain terms that especially now , when Russia is trying to bring in outside investors , as you know the economy sucks, and desperately investment that a person that would attempt to blackmail a us businessman would immeditaly become in the 21 century, what they terms . vrag naroda meant in the 20th they translated it for me as the enemy of the people, and would e dealt with extremely harshly , as it threatened the economies of teh country. So i expect never ever to hear a threat from you again.

 

In a separate email to Karp, Black’s lawyer, Epstein instructs him to order surveillance on the woman’s whereabouts by using the services of Nardello & Co., a private spy and intelligence agency used by the world’s richest people.

 

Black’s utter desperation for Ganieva not to reveal their affair is viscerally apparent from the transcripts of multiple lunches he had with her throughout 2015, which he secretly tape-recorded. His law firm, Paul, Weiss, had those recordings transcribed, and those were sent to Epstein.

 

To describe these negotiations as torturous would be an understatement. But it is worth taking a glimpse to see how easily and casually blackmail and extortion were used in this world.

 

Leon Black is a man worth $13 billion, yet his life appears utterly consumed by having to deal constantly with all sorts of people (including Epstein) demanding huge sums of money from him, accompanied by threats of various kinds. Epstein was central to helping him navigate through all of this blackmail and extortion, and thus, he was obviously fully privy to all of Black’s darkest secrets.

 


 

At their first taped meeting on August 14, 2015, Black repeatedly offered his mistress a payment package of $1 million per year for the next 12 years, plus an up-front investment fund of £2 million for her to obtain a visa to live with her minor son in the UK. But Ganieva repeatedly rejected those offers, instead demanding a lump sum of no less than $100 million, threatening him over and over that she would destroy his life if he did not pay all of it.

 

Black was both astounded and irritated that she thought a payment package of $15 million was somehow abusive and insulting. He emphasized that he was willing to negotiate it upward, but she was adamant that it had to be $100 million or nothing, an amount Black insisted he could not and would not pay.

 

When pressed to explain where she derived that number, Ganieva argued that she considered the two to be married (even though Black was long married to another woman), thereby entitling her to half of what he earned during those years. Whenever Black pointed out that they only had sex once a month or so for five or six years in an apartment he rented for her, and that they never even lived together, she became offended and enraged and repeatedly hardened her stance.

 

Over and over, they went in circles for hours across multiple meetings. Many times, Black tried flattery: telling her how much he cared for her and assuring her that he considered her brilliant and beautiful. Everything he tried seemed to backfire and to solidify her $100 million blackmail price tag. (In the transcripts, “JD” refers to “John Doe,” the name the law firm used for Black; the redacted initials are for Ganieva):

 



 

On other occasions during their meetings, Ganieva insisted that she was entitled to $100 million because Black had “ruined” her life. He invariably pointed out how much money he had given her over the years, to say nothing of the $15 million he was now offering her, and expressed bafflement at how she could see it that way.

 

In response, Ganieva would insist that a “cabal” of Black’s billionaire friends — led by Michael Bloomberg, Mort Zuckerman, and Len Blavatnik — had conspired with Black to ruin her reputation. Other times, she blamed Black for speaking disparagingly of her to destroy her life. Other times, she claimed that people in multiple cities — New York, London, Moscow — were monitoring and following her and trying to kill her. This is but a fraction of the exchanges they had, as he alternated between threatening her with prison and flattering her with praise, while she kept saying she did not care about the consequences and would ruin his life unless she was paid the full amount:

 



 

By their last taped meeting in October, Ganieva appeared more willing to negotiate the amount of the payment. The duo agreed to a payment package in return for her silence; it included Black’s payments to her of $100,000 per month for the next 12 years (or $1.2 million per year for 12 years), as well as other benefits that exceeded a value of $5 million. They signed a contract formalizing what they called a “non-disclosure agreement,” and he made the payments to her for several years on time. The ultimate total value to be paid was $21 million.

 

Unfortunately for Black, these hours of misery, and the many millions paid to her, were all for naught. In March, 2021, Ganieva — despite Black’s paying the required amounts — took to Twitter to publicly accuse Black of “raping and assaulting” her, and further claimed that he “trafficked” her to Epstein in Miami without her consent, to force her to have sex with Epstein.

 

As part of these public accusations, Ganieva spilled all the beans on the years-long affair the two had: exactly what Black had paid her millions of dollars to keep quiet. When Black denied her accusations, she sued him for both defamation and assault. Her case was ultimately dismissed, and she sacrificed all the remaining millions she was to receive in an attempt to destroy his life.

 

Meanwhile, in 2021, Black was forced out of the hedge fund that made him a billionaire and which he had co-founded, Apollo Global Management, as a result of extensive public disclosures about his close ties to Epstein, who, two years earlier, had been arrested, became a notorious household name, and then died in prison. As a result of all that, and the disclosures from his mistress, Black — just like his ex-mistress — came to believe he was the victim of a “cabal.” He sued his co-founder at Apollo, the billionaire Josh Harris, as well as Ganieva and a leading P.R. firm on RICO charges, alleging that they all conspired to destroy his reputation and drive him out of Apollo. Black’s RICO case was dismissed.

 

Black’s fear that these disclosures would permanently destroy his reputation and standing in society proved to be prescient. An independent law firm was retained by Apollo to investigate his relationship with Epstein. Despite the report’s conclusion that Black had done nothing illegal, he has been forced off multiple boards that he spent tens of millions of dollars to obtain, including the highly prestigious post of Chair of the Museum of Modern Art, which he received after compiling one of the world’s largest and most expensive collections, only to lose that position due to Epstein associations.

 

So destroyed is Leon Black’s reputation from these disclosures that a business relationship between Apollo and the company Lifetouch — an 80-year-old company that captures photos of young school children — resulted in many school districts this week cancelling photo shoots involving this company, even though the company never appeared once in the Epstein files. But any remote association with Black — once a pillar of global high society — is now deemed so toxic that it can contaminate anything, no matter how removed from Epstein.

 


 

None of this definitively proves anything like a global blackmail ring overseen by Epstein and/or intelligence agencies. But it does leave little doubt that Epstein was not only very aware of the valuable leverage such sexual secrets gave him, but also that he used it when he needed to, including with Leon Black. Epstein witnessed up close how many millions Black was willing to pay to prevent public disclosure in a desperate attempt to preserve his reputation and marriage.

 

In October, The New York Times published a long examination of what was known at the time about the years-long relationship between Black and Epstein. In 2016, Black seemingly wanted to stop paying Epstein the tens of millions each year he had been paying him. But Epstein was having none of it.

 

Far from speaking to Black as if Epstein were an employee or paid advisor, he spoke to the billionaire in threatening, menacing, highly demanding, and insulting terms:

 

Jeffrey Epstein was furious. For years, he had relied on the billionaire Leon Black as his primary source of income, advising him on everything from taxes to his world-class art collection. But by 2016, Mr. Black seemed to be reluctant to keep paying him tens of millions of dollars a year.

So Mr. Epstein threw a tantrum.

One of Mr. Black’s other financial advisers had created “a really dangerous mess,” Mr. Epstein wrote in an email to Mr. Black. Another was “a waste of money and space.” He even attacked Mr. Black’s children as “retarded” for supposedly making a mess of his estate.

The typo-strewn tirade was one of dozens of previously unreported emails reviewed by The New York Times in which Mr. Epstein hectored Mr. Black, at times demanding tens of millions of dollars beyond the $150 million he had already been paid.

The pressure campaign appeared to work. Mr. Black, who for decades was one of the richest and highest-profile figures on Wall Street, continued to fork over tens of millions of dollars in fees and loans, albeit less than Mr. Epstein had been seeking.

 

The mind-bogglingly massive size of Black’s payments to Epstein over the years for “tax advice” made no rational sense. Billionaires like Black are not exactly known for easily or willingly parting with money that they do not have to pay. They cling to money, which is how many become billionaires in the first place.

 

As the Times article put it, Black’s explanation for these payments to Epstein “puzzled many on Wall Street, who have asked why one of the country’s richest men would pay Mr. Epstein, a college dropout, so much more than what prestigious law firms would charge for similar services.”

 

Beyond Black’s payments to Epstein himself, he also “wired hundreds of thousands of dollars to at least three women who were associated with Mr. Epstein.” And all of this led to Epstein speaking to Black not the way one would speak to one’s most valuable client or to one’s boss, but rather spoke to him in terms of non-negotiable ultimatums, notably similar to the tone used by Black’s mistress-turned-blackmailer:

 


Email from Jeffrey Epstein to Leon Black, dated November 2, 2015.

 

When Black did not relent, Epstein’s demands only grew more aggressive. In one email, he told Black: “I think you should pay the 25 [million] that you did not for this year. For next year it's the same 40 [million] as always, paid 20 [million] in jan and 20 [million] in july, and then we are done.” At one point, Epstein responded to Black’s complaints about a cash crunch (a grievance Black also tried using with his mistress) with offers to take payment from Black in the form of real estate, art, or financing for Epstein’s plane:

 


Email from Jeffrey Epstein to Leon Black, dated March 16, 2016.

 

With whatever motives, Black succumbed to Epstein’s pressure and kept paying him massive sums, including $20 million at the start of 2017, and then another $8 million just a few months later, in April.

 

Epstein had access to virtually every part of Black’s life, as he had with Wexner before that. He was in possession of all sorts of private information about their intimate lives, which would and could have destroyed them if he disclosed it, as evidenced by the reputational destruction each has suffered just from the limited disclosures about their relationship with Epstein, to say nothing of whatever else Epstein knew.

 

Leon Black was most definitely the target of extreme and aggressive blackmail and extortion over his sex life in at least one instance we know of, and Epstein was at the center of that, directing him. While Wall Street may have been baffled that Wexner and Black paid such sums to Epstein over the years, including after Black wanted to cut him off, it is quite easy to understand why they did so. That is particularly so as Epstein became angrier and more threatening, and as he began reminding Black of all the threats from which Epstein had long protected him. Epstein watched those exact tactics work for Black’s mistress.

 

The DOJ continues to insist it has no evidence of Epstein using his access to the most embarrassing parts of the private and sexual lives of the world’s richest and most powerful people for blackmail purposes. But we know for certain that blackmail was used in this world, and that Epstein was not only well aware of highly valuable secrets but was also paid enormous, seemingly irrational sums by billionaires whose lives he knew intimately.

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Amazon's Ring and Google's Nest Unwittingly Reveal the Severity of the U.S. Surveillance State
Just a decade after a global backlash was triggered by Snowden reporting on mass domestic surveillance, the state-corporate dragnet is stronger and more invasive than ever.

That the U.S. Surveillance State is rapidly growing to the point of ubiquity has been demonstrated over the past week by seemingly benign events. While the picture that emerges is grim, to put it mildly, at least Americans are again confronted with crystal clarity over how severe this has become.

 

The latest round of valid panic over privacy began during the Super Bowl held on Sunday. During the game, Amazon ran a commercial for its Ring camera security system. The ad manipulatively exploited people’s love of dogs to induce them to ignore the consequences of what Amazon was touting. It seems that trick did not work.

 

The ad highlighted what the company calls its “Search Party” feature, whereby one can upload a picture, for example, of a lost dog. Doing so will activate multiple other Amazon Ring cameras in the neighborhood, which will, in turn, use AI programs to scan all dogs, it seems, and identify the one that is lost. The 30-second commercial was full of heart-tugging scenes of young children and elderly people being reunited with their lost dogs.

 

But the graphic Amazon used seems to have unwittingly depicted how invasive this technology can be. That this capability now exists in a product that has long been pitched as nothing more than a simple tool for homeowners to monitor their own homes created, it seems, an unavoidable contract between public understanding of Ring and what Amazon was now boasting it could do.

 


Amazon’s Super Bowl ad for Ring and its “Search Party” feature.

 

Many people were not just surprised but quite shocked and alarmed to learn that what they thought was merely their own personal security system now has the ability to link with countless other Ring cameras to form a neighborhood-wide (or city-wide, or state-wide) surveillance dragnet. That Amazon emphasized that this feature is available (for now) only to those who “opt-in” did not assuage concerns.

 

Numerous media outlets sounded the alarm. The online privacy group Electronic Frontier Foundation (EFF) condemned Ring’s program as previewing “a world where biometric identification could be unleashed from consumer devices to identify, track, and locate anything — human, pet, and otherwise.”

 

Many private citizens who previously used Ring also reacted negatively. “Viral videos online show people removing or destroying their cameras over privacy concerns,” reported USA Today. The backlash became so severe that, just days later, Amazon — seeking to assuage public anger — announced the termination of a partnership between Ring and Flock Safety, a police surveillance tech company (while Flock is unrelated to Search Party, public backlash made it impossible, at least for now, for Amazon to send Ring’s user data to a police surveillance firm).

 

The Amazon ad seems to have triggered a long-overdue spotlight on how the combination of ubiquitous cameras, AI, and rapidly advancing facial recognition software will render the term “privacy” little more than a quaint concept from the past. As EFF put it, Ring’s program “could already run afoul of biometric privacy laws in some states, which require explicit, informed consent from individuals before a company can just run face recognition on someone.”

 

Those concerns escalated just a few days later in the context of the Tucson disappearance of Nancy Guthrie, mother of long-time TODAY Show host Savannah Guthrie. At the home where she lives, Nancy Guthrie used Google’s Nest camera for security, a product similar to Amazon’s Ring.

 

Guthrie, however, did not pay Google for a subscription for those cameras, instead solely using the cameras for real-time monitoring. As CBS News explained, “with a free Google Nest plan, the video should have been deleted within 3 to 6 hours — long after Guthrie was reported missing.” Even professional privacy advocates have understood that customers who use Nest without a subscription will not have their cameras connected to Google’s data servers, meaning that no recordings will be stored or available for any period beyond a few hours.

 

For that reason, Pima County Sheriff Chris Nanos announced early on “that there was no video available in part because Guthrie didn’t have an active subscription to the company.” Many people, for obvious reasons, prefer to avoid permanently storing comprehensive daily video reports with Google of when they leave and return to their own home, or who visits them at their home, when, and for how long.

 

Despite all this, FBI investigators on the case were somehow magically able to “recover” this video from Guthrie’s camera many days later. FBI Director Kash Patel was essentially forced to admit this when he released still images of what appears to be the masked perpetrator who broke into Guthrie’s home. (The Google user agreement, which few users read, does protect the company by stating that images may be stored even in the absence of a subscription.)

 

While the “discovery” of footage from this home camera by Google engineers is obviously of great value to the Guthrie family and law enforcement agents searching for Guthrie, it raises obvious yet serious questions about why Google, contrary to common understanding, was storing the video footage of unsubscribed users. A former NSA data researcher and CEO of a cybersecurity firm, Patrick Johnson, told CBS: “There's kind of this old saying that data is never deleted, it's just renamed.” 

 


Image obtained through Nancy Guthrie’s unsubscribed Google Nest camera and released by the FBI.

 

It is rather remarkable that Americans are being led, more or less willingly, into a state-corporate, Panopticon-like domestic surveillance state with relatively little resistance, though the widespread reaction to Amazon’s Ring ad is encouraging. Much of that muted reaction may be due to a lack of realization about the severity of the evolving privacy threat. Beyond that, privacy and other core rights can seem abstract and less of a priority than more material concerns, at least until they are gone.

 

It is always the case that there are benefits available from relinquishing core civil liberties: allowing infringements on free speech may reduce false claims and hateful ideas; allowing searches and seizures without warrants will likely help the police catch more criminals, and do so more quickly; giving up privacy may, in fact, enhance security.

 

But the core premise of the West generally, and the U.S. in particular, is that those trade-offs are never worthwhile. Americans still all learn and are taught to admire the iconic (if not apocryphal) 1775 words of Patrick Henry, which came to define the core ethos of the Revolutionary War and American Founding: “Give me liberty or give me death.” It is hard to express in more definitive terms on which side of that liberty-versus-security trade-off the U.S. was intended to fall.

 

These recent events emerge in a broader context of this new Silicon Valley-driven destruction of individual privacy. Palantir’s federal contracts for domestic surveillance and domestic data management continue to expand rapidly, with more and more intrusive data about Americans consolidated under the control of this one sinister corporation.

 

Facial recognition technology — now fully in use for an array of purposes from Customs and Border Protection at airports to ICE’s patrolling of American streets — means that fully tracking one’s movements in public spaces is easier than ever, and is becoming easier by the day. It was only three years ago that we interviewed New York Timesreporter Kashmir Hill about her new book, “Your Face Belongs to Us.” The warnings she issued about the dangers of this proliferating technology have not only come true with startling speed but also appear already beyond what even she envisioned.

 

On top of all this are advances in AI. Its effects on privacy cannot yet be quantified, but they will not be good. I have tried most AI programs simply to remain abreast of how they function.

 

After just a few weeks, I had to stop my use of Google’s Gemini because it was compiling not just segregated data about me, but also a wide array of information to form what could reasonably be described as a dossier on my life, including information I had not wittingly provided it. It would answer questions I asked it with creepy, unrelated references to the far-too-complete picture it had managed to create of many aspects of my life (at one point, it commented, somewhat judgmentally or out of feigned “concern,” about the late hours I was keeping while working, a topic I never raised).

 

Many of these unnerving developments have happened without much public notice because we are often distracted by what appear to be more immediate and proximate events in the news cycle. The lack of sufficient attention to these privacy dangers over the last couple of years, including at times from me, should not obscure how consequential they are.

 

All of this is particularly remarkable, and particularly disconcerting, since we are barely more than a decade removed from the disclosures about mass domestic surveillance enabled by the courageous whistleblower Edward Snowden. Although most of our reporting focused on state surveillance, one of the first stories featured the joint state-corporate spying framework built in conjunction with the U.S. security state and Silicon Valley giants.

 

The Snowden stories sparked years of anger, attempts at reform, changes in diplomatic relations, and even genuine (albeit forced) improvements in Big Tech’s user privacy. But the calculation of the U.S. security state and Big Tech was that at some point, attention to privacy concerns would disperse and then virtually evaporate, enabling the state-corporate surveillance state to march on without much notice or resistance. At least as of now, the calculation seems to have been vindicated.

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