Max Kennerly

Same as @maxkennerly on Twitter.

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Last Notes

2024-07-03 16:06:49

It was buried by other news, but, as a reminder, at the debate Trump gave a complete bullshit answer about Ukraine, literally copying Nixon's fake "secret plan" to end the Vietnam War. https://www.bloomberg.com/news/articles/2024-07-03/zelenskiy-challenges-trump-to-reveal-plans-for-quick-end-to-war?srnd=homepage-americas

2024-06-27 16:54:22

Pretty cool how we have a robust right to jury trial if you're some lawbreaking hedge fund or corporation trying to delay agency action, but if you try to sue one of them, there's an endless gantlet of federal statutes and procedural rules designed to throw your case out before you get to a jury.
https://apnews.com/article/supreme-court-regulatory-agencies-sec-36f16444b1d4fc52985fdb68896362bb

2024-06-26 16:23:31

The mayor of Portage, Indiana, steered over $1 million in city contracts to a truck dealership, which then wrote him a $13,000 check.
The conservatives on SCOTUS—with extensive experience in being lavished with gifts after favorable rulings—say this is very legal and very cool.
https://www.supremecourt.gov/opinions/23pdf/23-108_8n5a.pdf

2024-06-25 13:32:18

You people aren't engineering geniuses and so might have silly thoughts in your brain like, "a four-foot windshield wiper will encounter a lot of friction, made worse by leverage."
On an unrelated note, every Cybertruck is recalled cuz the wiper ain't made right.
https://static.nhtsa.gov/odi/rcl/2024/RCLRPT-24V456-3775.PDF

2024-06-13 16:13:25

This will be held up as "SCOTUS isn't political," which overlooks how the case was outrageous and absurd in the first place. Kacsmaryk and the 5th Circuit brazenly violated basic principles of standing taught to every 1L. It shouldn't have made it this far.
https://mstdn.social/@[email protected]/112609683638909241

2024-04-25 15:39:48

The Harvey Weinstein reversal isn't some regrettable technicality or scrupulous adherence to defendants' rights, it's just bullshit. Weinstein claimed consent, the prosecutors introduced evidence of him victimizing others the exact same way, thereby showing intent. Appalling. See Singas & Cannataro's dissents.
Thankfully, Weinstein also has a 16-year sentence in California, so hopefully he dies in prison anyway. 🙏
https://www.nycourts.gov/ctapps/Decisions/2024/Apr24/24opn24-Decision.pdf

2024-04-19 19:20:02

It seems this deputy assistant administrator at the DEA believes that Adderall is basically street meth and, well, someone with that level of ignorance about pharmacology should simply not be employed by the DEA or any other drug-regulating agency.
https://www.bloomberg.com/news/articles/2024-04-19/adderall-abuse-risks-becoming-another-opioid-crisis-dea-says?utm_medium=social&utm_source=bluesky&utm_content=business

2024-04-16 01:52:05

Republicans on SCOTUS wrote 26 pages of preening about "major questions of national importance" (Kavanaugh, p. 5) to justify using an extraordinary procedure to reinstate an anti-trans law with no purpose except to prevent <1,000 minors in Idaho from receiving medical care. https://www.reuters.com/legal/us-supreme-court-lets-idaho-enforce-ban-transgender-care-minors-2024-04-15/

2024-04-02 15:04:57

Like the three unarmed hostages waving a white flag and countless other incidents, it's impossible to reconcile this with any reasonable rules of engagement. These were branded vehicles traveling in a deconflicted zone and they had coordinated their movements with the IDF.
https://www.nytimes.com/live/2024/04/02/world/israel-hamas-war-gaza-news?ugrp=m&unlocked_article_code=1.hU0.3Lrc.NBkegEqR4dEK&smid=url-share

2024-04-01 21:09:52

He's right. "Originalism" is about stringing together a collection of words to support a predetermined outcome. There's no need for fidelity to facts, reliable description of source material, nor even logical consistency. It's one of the few tasks large language models could do.
https://www.reuters.com/legal/transactional/conservative-us-judge-says-ai-could-strengthen-originalist-movement-2024-04-01/

2024-03-25 21:01:12

I don't object to the result per se, it's still a sizeable bond and his corporate finances are monitored, but it's bad for the rule of law that (a) they gave no explanation and (b) Trump's briefs scrupulously avoided saying he didn't have the collateral for the bond. So why did he get the reduction? https://www.axios.com/2024/03/25/trump-bond-new-york-civil-fraud-trial?utm_medium=social&utm_source=twitter&utm_campaign=editorial

2024-03-22 00:33:22

According to this "no losses" theory, nothing with FTX, Theranos, Bernie Madoff, or Enron was a crime or even a civil violation until the entire thing came crashing down. It's perfectly fine to lie about millions of dollars unless it goes bad, then it's retroactively illegal. 🙄
https://media.mstdn.social/media_attachments/files/112/136/288/346/020/098/original/7d55c90168732f01.png

2024-03-19 15:37:58

"Thank you for contacting me about the tightness in your chest and sharp pain in your left arm. Pee is stored in the balls. Have you tried ivermectin?"
https://gizmodo.com/nvidia-wants-replace-nurses-with-ai-1851347917

2024-03-03 15:28:38

I skimmed Musk's lawsuit against OpenAI but had to stop at "on information and belief, GPT-4 is an AGI algorithm..." LOL, no, it's not, it's not even "AI," it's spicy autocomplete, it's a word salad generator.
Maybe Musk has a claim about OpenAI's transition to a for-profit entity, but I can't be bothered to look. I hope they both lose.
https://www.courthousenews.com/wp-content/uploads/2024/02/musk-v-altman-openai-complaint-sf.pdf

2024-02-27 16:46:22

Quite the indictment of our financial system that there's nearly $4 billion in capital tied up in a shell company that is going to merge with the money-losing social network run by the insurrectionist conman who keeps racking up hundreds of millions in court judgments against him.
(gift link)
https://www.nytimes.com/2024/02/26/business/trump-media-digital-world-acquisition-cash.html?unlocked_article_code=1.Yk0.6qm7.k4vMS2dLR6_8&smid=url-share

2024-02-17 16:40:38

There are interesting machine learning developments, but it's remarkable how much hype goes to OpenAI, which produces nothing but toys. Their latest breakthrough is a way to replace graphic artists and video editors while producing lower quality results. Real big gain for humanity there.
https://www.bloodinthemachine.com/p/lets-not-do-this-again-please

2024-02-10 05:45:41

"We have millions of monkeys at typewriters. Surely one of them will produce the collected works of Shakespeare."
https://media.mstdn.social/media_attachments/files/111/905/357/706/843/198/original/3bee7501efb86a96.png

2024-02-06 18:33:27

Weird how all the "protect the kids" folks who are rabid about banning trans healthcare have absolutely nothing to say about routine brain damage to adolescents who play football. https://jamanetwork.com/journals/jamanetworkopen/fullarticle/2814507?utm_source=For_The_Media&utm_medium=referral&utm_campaign=ftm_links&utm_term=020124

2024-01-30 15:05:24

One indication of the absence of any border "crisis" is how the people screaming the most about it have never done anything about it and have no interest in doing anything about it. https://www.huffpost.com/entry/republicans-border-deal-donald-trump_n_65b80899e4b0102bd2d5c0d4

2024-01-26 16:44:19

FYI, if you're going to post a hot take on the International Court of Justice's ruling in South Africa v. Israel, start here first so you at least have the basics right.
https://www.justsecurity.org/91486/icj-judgment-israel-south-africa-genocide-convention/

2024-01-12 16:07:32

- reply

This lays out the War Powers Resolution problem. The strike on the Houthis isn't a one-off or emergency use of military force. It's part of a sustained deployment for strategic reasons. That kind of thing requires congressional approval. https://www.justsecurity.org/91069/regional-conflict-in-the-middle-east-and-the-limitations-of-the-war-powers-resolution/

2024-01-12 15:47:49

Gift link for the basics on "Who Are the Houthis and Why Is the U.S. Attacking Them?"
https://www.nytimes.com/2024/01/11/world/middleeast/houthi-yemen-red-sea-attacks.html?unlocked_article_code=1.NE0.W2gn.uzObgTviBmRt&smid=url-share

2024-01-04 16:22:41

One cool thing is how, within 6 months of Trump becoming President, DC & Maryland sued because he was obviously breaching the Constitution and then the federal courts sandbagged the case for four years then dismissed it as moot when he left office.
House Oversight Dems just reported, based on *partial* records, Trump accepted at least $7.8 million in foreign government payments while President.
https://oversightdemocrats.house.gov/sites/democrats.oversight.house.gov/files/2024-01-04.COA%20DEMS%20-%20Mazars%20Report.pdf

2023-12-29 04:33:16

Alexander Stephens wasn't "found guilty of the crime of insurrection" either but was denied his Senate seat in 1866 precisely because of his involvement in the insurrection. For an insurrectionist like Trump to be elected, something like the Amnesty Act of 1872 is required.

2023-12-15 12:44:18

You can say Substack should host Nazis, but don't pretend there's some "free speech" principle to it. Substack has a strict ban on pornography. Welcoming Nazis while banning sex workers isn't a principled stand, it's a choice, an expression that you like the former and dislike the latter.

2023-12-12 00:55:09

Look at this garbage from the Texas Supreme Court's abortion order. Pure sophistry. Wholly meaningless drivel because they wanted to force a woman to carry a trisomy 18 pregnancy to term.
https://www.txcourts.gov/media/1457645/230994pc.pdf
https://media.mstdn.social/media_attachments/files/111/564/478/006/745/998/original/4c07803935bc13a8.png

2023-12-08 23:05:50

It's a bit of a problem for 2024 that most of the Dem leadership—but not majority of the Dem base, nor a majority of independents—believes that the highest priority at the end of 2023 is providing political cover to Netanyahu's campaign to raze Gaza.

2023-11-29 17:54:26

Today in corporate hypocrisy: "There I Ruined It," which uses AI to make song parodies, is in private mode on YouTube thanks to UMG copyright claims.
Let's be clear: if that stuff isn't fair use, then absolutely none of the outputs from big AI models are fair use. Including Google's.
https://www.youtube.com/watch?v=vZnj45cMnRg

2023-11-27 14:44:32

Conservative men have made themselves unfuckable with their abhorrent views, but somehow this is a problem liberal women should solve by lowering their standards.
https://www.washingtonpost.com/opinions/2023/11/22/marriage-polarization-dating-trump/

2023-11-15 19:24:48

Iran now has >20x as much enriched uranium than it did when Trump cancelled the JCPOA. This outcome is 100% Trump's fault, and the whole Republican party loudly cheered him along as he did it, too, and still believe he was right to help Iran expand its nuclear capabilities in exchange for nothing.
https://www.barrons.com/news/iran-s-enriched-uranium-stockpile-over-22-times-limit-of-2015-deal-iaea-3eda5caa

2023-10-27 13:38:57

I totally want to move my financial life over to the website that promotes Nazis and where every single post of mine gets instant auto-spam replies. https://www.theverge.com/2023/10/26/23934216/x-twitter-bank-elon-musk-2024

2023-10-23 15:10:36

A big problem right now is how Netanyahu can't be PM without the support of the right-wing, and so, because Bibi's future is more important to him than Israel's, every important post has to go to an incompetent, corrupt, delusional, right-wing crank. https://www.haaretz.com/israel-news/2023-10-22/ty-article/.premium/netanyahus-hostage-envoy-endangers-the-lives-of-all-those-kidnapped-by-hamas/0000018b-538a-df6e-a5db-77eec70e0000

2023-10-06 18:57:53

This article is a reminder that Tesla is no closer than any other company to automated driving (and indeed they might be farther behind), they're just far more aggressive in their marketing and deployment of unreliable beta tech.
https://www.washingtonpost.com/technology/interactive/2023/tesla-autopilot-crash-analysis/?itid=hp-top-table-main_p001_f001&utm_source=reddit.com

2023-09-22 15:46:20

Looks bad but the Supreme Court has made clear, in decisions (Skilling, McDonnell, Percoco) and by conduct (Thomas, Alito), that bribery is legal, so 🤷‍♂️
https://www.documentcloud.org/documents/23989441-us_v_menendez_et_al_indictment
https://www.nytimes.com/2023/09/22/nyregion/robert-menendez-indicted.html

2023-09-10 00:09:26

- reply

Farrow's reporting notes Musk was bragging about watching the war in real-time via Starlink usage. This sounds like backpedaling from what he told you, and it's not credible. So when and why did that secret "policy" arise? After he spoke with Putin and Russian gov't officials? 🤔
https://media.mstdn.social/media_attachments/files/111/037/467/641/245/808/original/0d0e2973506e085b.png

2023-09-09 18:59:06

Presumably there'd be Congressional interest in a private citizen monitoring an ally's military in real-time, chatting with the enemy about it, then thwarting the ally. But the GOP House will protect Musk, and the Senate will likely continue its proud tradition of doing nothing.
https://media.mstdn.social/media_attachments/files/111/036/195/290/452/098/original/807cf6ced6575f78.png
https://media.mstdn.social/media_attachments/files/111/036/224/954/643/513/original/c98c7cbeb7a29f19.png

2023-08-31 16:25:59

If you read the tweet, it sounds like he wants to invade a bunch of Central and South American countries, fight 20-year wars in them, then hand them to the cartels.
But if you listen to the video, what he really means is... copying an idea from Sicario: Day of the Soldado. 🤦‍♂️
https://media.mstdn.social/media_attachments/files/110/984/684/456/085/265/original/bac14758758f0cf5.png

2023-08-19 16:30:53

This case is weird, though. The plaintiff was adamant in their copyright application that the work was "autonomously" generated by the computer, with no human assistance. The Copyright Office & federal court said "lol no, can't copyright." But most of what we call "AI art" involves at least some human input to create, and then selection among outputs.
https://www.hollywoodreporter.com/business/business-news/ai-works-not-copyrightable-studios-1235570316/

2023-08-14 23:33:39

In a gosh-darn coincidence, that "authentic" folk song from a guy in a forest with high-end AV equipment is wholly aligned with the policy preferences of right-wing billionaires, arguing for no societal changes except cutting taxes and eliminating food assistance for the poor.🤔

2023-08-06 21:39:58

Presumably these are the "very powerful grounds" Trump's not saying:
1) The judge, a former public defender and antitrust lawyer who the Senate confirmed on a 95–0 vote, is an immigrant Black woman.
2) DC, where Trump was when he committed most of the crimes, is 45% Black.
https://media.mstdn.social/media_attachments/files/110/844/359/860/399/205/original/e6e3ccc4251b0972.png

2023-08-04 15:10:15

Coinbase filed its motion for judgment on the pleadings against the SEC.
There's a colorable argument that some of crypto is outside the current securities regulation framework, but Coinbase's "major questions doctrine" argument (page 28 of the PDF) deserves to lose. It's an argument that big money vibes are more important than statutes, regulations, and precedent.
https://assets.ctfassets.net/c5bd0wqjc7v0/7eaTxSOvCLrGR2frvCqS3Q/b98f952657b7bc821b218d1f601b9161/CoinbasevSEC12_c_Motion.pdf

2023-07-20 02:16:57

Good. The whole concept of cash bail is that people should be detained pre-trial based on how much money they have, instead of whether they're a flight risk or a risk to the community. It's an indefensible system. It should be abolished everywhere.
"The Illinois Supreme Court on Tuesday upheld a state law eliminating cash bail. Illinois will now become the first state in the nation to eliminate cash bail when the new law takes effect Sept. 18."
https://www.abajournal.com/news/article/illinois-supreme-court-upholds-far-reaching-law-ending-cash-bail

2023-07-14 20:55:10

A $400 billion company just sued scientists for their peer-reviewed research revealing a safety issue, but there's been total silence from all the prominent anti-vax and anti-cancel culture people.
Gosh, it's like they're all just fronts for right-wing billionaires.
https://www.reuters.com/legal/litigation/johnson-johnson-sues-researchers-who-linked-talc-cancer-2023-07-13/

2023-07-08 23:39:45

Sixth Circuit reverses district court and upholds, for now, Tennessee's ban on transgender care for minors.
It's a tangential to bigger points but this is a deranged view of FDA approval. The Court believes FDA approval arises spontaneously upon consensus by the medical community, and a lack of FDA approval means a use is unproven. That's not even close to how it works.
https://www.lawdork.com/p/sixth-circuit-tenn-trans-care-ban-stay-ruling
https://media.mstdn.social/media_attachments/files/110/680/622/139/167/651/original/54be7325e9822235.png
https://media.mstdn.social/media_attachments/files/110/680/624/990/527/058/original/45c015ffae93271f.png

2023-07-07 13:16:31

Threads is looking better and better. What I wanted from social media was:
* self-promotion from celebrities and rich people
* no control over my timeline
* strict prohibition of any sexual content
* nothing from europe
* no alt-text
* data harvesting to empower genocides

2023-07-01 21:02:06

LOL this is not how you deal with "data scraping," this is how you deal with a catastrophic loss of system capacity.
You limit data scraping by blocking things a human user couldn't do, like access a thousand posts a minute. This is aimed directly at reducing normal activity across the whole system.
https://media.mstdn.social/media_attachments/files/110/640/348/525/176/939/original/9728bf943fec8045.png

2023-06-24 16:17:38

I doubt Prigozhin achieves much, and he's just as horrible a person as Putin.
But I do think it is good for humanity to see an example of corrupt elites initiating a war, failing badly at it, then turning on one another. Hopefully it makes other corrupt elites think twice.

2023-06-20 01:11:45

Put aside RFK Jr's deranged anti-vax grifting and you're left with the politics of a bog standard ignorant rich guy, someone who has no idea how government, money, or the economy works and whose numbers are off by more than an order of magnitude.
https://media.mstdn.social/media_attachments/files/110/573/402/033/229/113/original/3c6a73e3897bea8b.png

2023-04-03 14:59:39

I remember when Aaron Swartz was criminally prosecuted for downloading too many academic journal articles, but, sure, it's totally cool to scrape everyone's personal photographs as part of a commercial effort to market discriminatory surveillance tech to police departments.
https://www.businessinsider.com/clearview-scraped-30-billion-images-facebook-police-facial-recogntion-database-2023-4