Monday, August 01, 2022

  • Rogers outage triggers 'scary and frightening' glimpse into future

Rogers Communications Inc.’s national network outage, which knocked out cellular, internet and home phone service to millions of Canadians in early July, was a frustrating, even scary experience as 9-1-1 services were compromised.

It could have been worse.

Despite recent advances, autonomous cars don’t yet populate our roads, and remote surgery is relatively nascent, meaning highways and operating rooms felt little impact.

But the outage, which Rogers attributed to a coding error, has prompted experts in those disparate fields to take a sober second look at their contingency plans.

“What happened with the Rogers outage was the extreme end of the scenario-planning that we do,” said Flavio Volpe, president of the Automotive Parts Manufacturers’ Association, in an interview. “And the way it happened instantly, is, in fact, the thing that we all have to engineer backwards for before we can unleash autonomous vehicles out on the road.”

Adam Shine, an analyst at National Bank of Canada Financial Markets, said the “silver lining” in the outage is that we’re still early in the evolution and adoption of self-driving cars and remote surgery. 

Canadians should find solace in that, he wrote in a recent note to clients, because when it comes to those more advanced use cases, “[network] reliability and responsiveness are mandatory.”

 

SO YOU'RE IN A SELF-DRIVING CAR AND THE NETWORK DROPS…

The outage, over which Rogers President and Chief Executive Officer Tony Staffieri faced questions from MPs earlier this week, has the auto industry engaged in high-stakes scenario planning.

What if, for example, you were in a fully autonomous vehicle, with no steering wheel or pedals, and the network failed?

Volpe said engineers and regulators are still determining whether the best response is to program the vehicle to simply pull over, or to automatically steer you to a predetermined safe location following a pre-coded route. 

“But that presents another issue,” he said. “Now you're going to rely on all these different cars from all these different companies [trying to] talk to each other and not hit each other on their way to their safe spot.”

Complicating the situation even further, Volpe said developers haven’t yet determined if autonomous vehicles will be tethered to one cellular network, like our cell phones, or if they’ll roam.

And as the public learned in a document released by Rogers last Friday, rerouting customers to another carrier when a network drops isn’t as simple as it seems.

In a submission to the Canadian Radio-television and Telecommunications Commission, Rogers said that despite competing network operators’ offers of assistance, the coding error at the root of the outage prevented it from moving subscribers to rival carriers.


Moreover, the other networks would have been unable to handle the sudden influx of millions of users, Rogers said.

That’s why Volpe said he believes that in the not-too-distant future, telcos will become a vital piece of a customer’s vehicle experience.

“You may buy a car from Rogers in years to come the same way you buy an Apple phone from Rogers,” he said.

 

SO YOU'RE UNDERGOING REMOTE SURGERY AND THE NETWORK DROPS…

Dr. James Jung, a surgeon-scientist at St. Michael’s Hospital in Toronto, said medical professionals and researchers in the growing field of remote surgery have prepared for plenty of threats in the operating room.

A robotic device could suddenly fail, for example.

“But a network outage is the kind of crisis that [researchers] haven’t really prepared for,” he said in an interview.

Remote surgery allows doctors to perform operations on patients from afar using scalpel-wielding robots.

It isn’t frequently practiced in Canada. Jung said long-distance surgery holds promise for the country, where geography is vast and doctors are concentrated in urban centres.

And a stable, reliable 5G network is prerequisite.

“In order to provide the right surgical care, we really need a real-time transfer or near-real-time transfer of a large quantity of data… between the console and the robotic surgical arms,” he said.

If that flow of data suddenly stops, “that could be quite an issue, especially when you’re performing a very meticulous dissection, [or] when you are working near vital structures, like the aorta or the heart.”

Of course, medical professionals, including an anesthesiologist, would wait in the wings and rush in if something goes wrong.

“But when the patient is undergoing very specialized care by a highly sub-specialized surgeon, you really need that expertise to be able to get the patient out of that crisis,” Jung said. “It’s a situation that's quite scary and frightening.”

Educating perioperative teams and partnering with industry will be critical, he added.

“Because more and more we will rely on networks and we have to prepare for the rare possibility of an outage.”

 

CRTC NEEDS TO DO A BETTER JOB REGULATING TELECOMS, EXPERTS SAY

The recent Rogers outage has spurred a flurry of policy recommendations from experts and elected officials, including legislation that would recognize telecommunication services as essential public ones, but experts say much of the responsibility to act falls on the federal telecom regulator. 

The July 8 Rogers outage, which left over 12 million Canadians in a communications blackout and affected access to 911 emergency services, prompted the House of Commons industry committee to hold hearings. Rogers executives, Industry Minister François-Philippe Champagne, and Canadian Radio-television and Telecommunications Commission officials were among the witnesses who testified on Monday. 

During the hearings, MPs searched for solutions, including whether more laws were needed to ensure telecom services were regulated like public utilities.  

“This is obviously an essential service,” said New Democrat MP Brian Masse. “Why not a telecom bill of rights?” 

The outage has led to added scrutiny of the telecom industry as well as critiques of the CRTC for its regulatory role.

Bram Abramson, a principle at 32M, a regulated telecom advisor, said the Telecommunications Act already recognizes telecom services as essential and that the answer to the Rogers outage isn’t “shiny new laws.” 

“Ultimately, I don’t think the problem is that we don’t have enough laws, or that there isn’t recognition that it’s important,” Abramson said. 

The CRTC is responsible for carrying out the objectives outlined in the Telecommunications Act, which calls for "reliable and affordable telecommunications services of high quality accessible to Canadians in both urban and rural areas in all regions of Canada.” 

“The problem is that the actual regulatory framework put in place to respond to those broad principles wasn’t up to the job,” Abramson said.  

Michael Geist, a University of Ottawa law professor, said public utilities have been discussed in the context of services that are inadequate in some communities. In the context of the Rogers outage, Geist said he took the ideas raised by MPs to reflect a “palpable frustration” and a search for solutions.

“The idea of either labeling certain services as essential services or as public utilities all go to the notion of a more aggressive approach from a regulatory perspective,” he said.  

During the hearings, Conservative MP Tracy Gray asked the head of the CRTC, Ian Scott, whether the regulator was fulfilling its mandate.

Scott said yes, it was. 

The CRTC faced criticism from experts who testified on the effect of the outage on access to emergency services.  

Ben Klass, a doctoral candidate at Carleton University's School of Journalism and Communication, told the committee the regulator has some responsibility to bear. 

“(The CRTC’s) processes must be improved and perhaps it should be required to rethink its relatively permissive approach to regulating critical services,” Klass said.  


The CRTC says it is reviewing a submission from Rogers addressing the causes of the outage and will determine next steps. 

The experts who testified at the hearings laid out a series of suggested policy changes and called for the CRTC to lead a full public inquiry that extends beyond its current investigation.

In his testimony, Champagne said he expects the CRTC to do a full investigation of the outage, and he referred to new policy directives his office issued in May to the CRTC aimed at enhancing competition in the telecom industry.  

Geist said although he didn’t call for a public utility model in his recommendations, there are clear next steps that can be taken from a regulatory standpoint to address these concerns. 

He advocates compensation models for consumers, greater transparency from telecom companies, better communication processes during outages, and the levying of penalties. 

Geist said the federal government has failed in providing adequate oversight of the regulator, noting the testimonies of Rogers executives, Champagne and the CRTC officials sounded similar.  

“They all sought to paint the Rogers outage as this exceptional one-off that needs to be addressed, as opposed to being open to examining the more systemic problems that plagued the industry."

RENT INCREASES = INFLATION

Toronto apartment rents soar 20% to record with market tightening

Toronto tenants are saying goodbye to the era of COVID-19 discounts, with rents fully recovering pandemic losses and reaching record levels, according to new data.

Average monthly rents on newly-leased one-bedroom apartments in Canada’s largest city rose to $2,269 in the second quarter, up 20 per cent from a year earlier, the Toronto Regional Real Estate Board said Thursday. 

Rents on two-bedroom homes, at $2,979, were up 15 per cent from year-ago levels. The cost of three-bedroom apartments rose 13 per cent. 

The double-digit price gains reflect a decline in the number of leased listings, which are down 11 per cent from a year ago, according to the report. 

The pandemic led to a sharp increase last year in apartments listed as people left city centers. Now, as the COVID crisis eases, some of them are returning. Rising interest rates, meanwhile, will price many potential homebuyers out of the market and keep demand elevated for rental units. 

“Expect rental market conditions to tighten further in the coming months,” Kevin Crigger, president of the real estate board, said in the statement.

Rents hit four-year lows last year as demand dried up and listings surged. The previous record for one-bedroom rents was $2,262, reached in the third quarter of 2019.

Justin Wu, a realtor in Toronto, said that it’s been challenging to find apartments for even the most qualified tenants, and that some landlords have been closing offers with down-payments of four months to one year worth of rent.

“We had one client that was very qualified, had excellent credit and income but we couldn’t find her anything,” Wu said by telephone. “Everything we tried to put an offer on had nine to ten offers. We had some where the competing offers were offering 12 months of rent up front.” 

Homebuilding delays and cancellations -- the result of rising construction costs, higher rates and labor shortages -- are putting further upward pressure on rents. 

Out of the 30,000 condo units that were supposed to be built this year, approximately 10,000 have been canceled or paused, according to a note by Benjamin Tal, deputy chief economist at CIBC Capital Markets. 

 

GTA condo rents climb at fastest pace on record: Urbanation

Condo rental prices climbed at a record pace in the Greater Toronto Area during the second quarter of this year following a sharp drop in available homes to rent, according to industry tracker Urbanation Inc.

Urbanation found that the average rental price per square foot rose 5.9 per cent quarter-over-quarter to a new high of $2,533. As well, annual rental growth prices rose by a record pace of 16.7 per cent in the second quarter, the data showed.

The decline in condo inventory comes at a time when some buyers are being priced out of the housing market because of the rising interest rates. Urbanation also pointed toward strong population growth and near record-low unemployment in the GTA have contributed to the growing rental demand.

“The GTA rental market was as strong as ever heading into the peak summer months, which is sure to place further downward pressure vacancies and upward pressure on rents,” according to Shaun Hildebrand, president of Urbanation, in a statement.

Urbanation said tenants sought smaller and more affordable condo units to rent, a segment that reported stronger rental growth than larger spaces.  That demand caused the overall vacancy rate in the GTA to fall to 1.4 per cent from 5.1 per cent a year earlier.

Rental supply is expected to remain tight as new rental construction almost completely stopped in the second quarter of 2022 with only 87 rental starts, compared to the average of 1,916 starts during the preceding four-quarter period. 

YOU NEED AN INCOME OF OVER $220K TO

BUY A HOME IN TORONTO, VANCOUVER,

NEW DATA SHOWS

You'll need to be making more than $220,000 to buy a home in Toronto and Vancouver with a 20 per cent down payment, according to new data from Ratehub.ca.

Even though home prices have been going down in hot markets like Toronto and Vancouver, the income required to purchase a home in these markets still remains elevated due to higher stress test rates caused by rising mortgage rates.

Ratehub.ca says it used March 2022 and June 2022 real estate data to make the calculations.

Homebuyers in Toronto need to earn $15,750 or seven per cent more compared with March, with those in Vancouver needing to make $31,730 or 16 per cent more.

Across all Canadian cities, the annual income needed to buy a home has jumped by $18,000 on average in just the last four months.

Victoria, B.C. saw the biggest increase in June compared to March, with $35,760 or 23 per cent in additional income required.

"Home prices will need to drop significantly in order to neutralize the effects that higher mortgage rates have on the stress test," Ratehub.ca co-CEO James Laird said in a statement. "Unless this happens, home affordability will continue to be impacted significantly by the current rising rate environment."

Rapidly rising interest rates have pushed Canadian home prices down in recent months, with the average price of a home falling 1.9 per cent in June compared to May, according to the Canadian Real Estate Association (CREA).

June was the third consecutive month of declining prices, and the biggest monthly drop since 2005.

BMO Capital Markets senior economist Robert Kavcic said in a July 15 note that the Bank of Canada's recent move to boost its key interest rate by a full percentage point is setting the stage for an even deeper housing market correction in 2023.

Kavcic said the hike which prompted the commercial banks to increase their prime rates has made it more difficult to qualify for a mortgage under Canada's stress test rules.

The stress test sets the qualifying rate for uninsured mortgages at either two percentage points above the contract rate or 5.25 per cent, whichever is greater.

Bank of Montreal, CIBC, RBC, Scotiabank, TD Bank and National Bank raised their prime rates by a full percentage point to 4.70 per cent from 3.70 per cent last week in response to the central bank's hike.

Five-year fixed rates continue to hover around or slightly above five per cent.

"A lot of potential buyers are sitting on the sidelines at the moment waiting to see how this rate environment shakes out, which is why you've seen transaction volume down so significantly in those major markets. But the demand is still there," Ratehub.ca's Laird said in an interview.

Rental rates are increasing so that would provide support for the market from an investor perspective, first-time buyers still desire to enter the market and many new Canadians prioritize owning a home when they get here, he explained.

"If rates moderate at this level or hold at this level, I expect to see a reasonable fall home buying cycle. If rates keep going up then I think we'll keep seeing people waiting on the sidelines."

Tim Hortons offers coffee and doughnut as proposed settlement in class action lawsuit

Tim Hortons has reached a proposed settlement in multiple class action lawsuits alleging the restaurant's mobile app violated customer privacy, which would see the restaurant offer a free coffee and doughnut to affected users. 

The settlement, negotiated with the legal teams involved in the lawsuits, still requires court approval.

The coffee and doughnut chain would also permanently delete any geolocation information it may have collected between April 1, 2019 and Sept. 30, 2020, and direct third-party service providers to do the same.

"We think that it's a favourable settlement because it offers compensation that has a real value," said Joey Zukran, a lawyer with the Montreal-based law firm LPC Avocat Inc., which filed the class action in Quebec.

"Privacy cases across Canada are never guaranteed a win," he said. "Here we have some form of guarantee, some form of recovery ... as opposed to uncertainty that could last."

It's unclear how many customers used the app during the 18-month period ending Sept. 30, 2020, and would be eligible to receive a free hot beverage and baked good.

Restaurant Brands International Inc., the parent company of Tim Hortons, said in an investor presentation in May that it had four million active users during the three months ended March 31, 2022. 

"I think people who receive this will think it’s paltry, but class action settlements are often paltry for the end consumer," said David Fraser, a privacy lawyer with McInnes Cooper in Halifax.

While the individual compensation may not seem like much, he said given the number of people potentially involved "it may be reasonable in aggregate."

Still, others may feel it's not high enough to "act as a disincentive to further mischief," Fraser said. 

"Any time you settle, there's going to be a compromise," he said, adding that the case "reflects how weird privacy harms are."

"If you used that app and Tim Hortons collected your location information without your adequate, informed consent but nothing has happened with that information, you actually haven't suffered what would be considered a tangible harm," Fraser said. 

"You're trying to compensate for the feeling of ickiness, the creepiness somebody might feel knowing that their information was collected without their knowledge or consent."

The proposed settlement comes after an investigation by federal and provincial privacy watchdogs found the mobile ordering app violated the law by collecting vast amounts of location information from customers.

In a report released last month, privacy commissioners said people who downloaded the Tim Hortons app had their movements tracked and recorded every few minutes — even when the app was not open on their phones.

The investigation was launched after National Post reporter James McLeod obtained data showing the app on his phone had tracked his location more than 2,700 times in less than five months.

In a statement, Tim Hortons said it's pleased to have reached a proposed settlement in the four class action lawsuits filed in Quebec, British Columbia and Ontario.

"All parties agree this is a fair settlement and we look forward to the Superior Court of Quebec’s decision on the proposal," the company said in a statement. 

"We are confident that pending the Quebec court’s approval of the settlement, the courts in British Columbia and Ontario will recognize the settlement."

The company said the allegations raised in the class actions were not proven in court and the settlement is not an admission of any wrongdoing.

Tim Hortons said it would be emailing customers Friday to inform them of the proposed settlement.

Tim Hortons said the retail value of a free hot beverage is $6.19 while the value of a baked good is $2.39, plus taxes, according to court documents. 

Customers would be provided with a credit for the items with a coupon or through the Tim Hortons app, documents said. 

Details on the distribution of the free hot beverage and baked good would be provided if the court approves the settlement, Tim Hortons said. 

A hearing has been scheduled in a Quebec court on Sept. 6 to consider the proposed settlement. 

NEWS ANALYSIS
Lies for Profit: Can Sandy Hook Parents Shut Alex Jones Down?


A hefty financial verdict this week could dissuade other politically driven liars. But the path forward is uncertain, and the legal battles take a toll.

Alex Jones during a break at his trial in Austin, Texas, on Tuesday. It is the first of three trials in which juries will decide how much he must pay relatives of 10 people killed in the mass shooting at Sandy Hook Elementary School.
Credit...Pool photo by Briana Sanchez

By Elizabeth Williamson
July 31, 2022


AUSTIN, Texas — When viral lies harm private people, are the courts their best refuge? A trial to decide how much the conspiracy broadcaster Alex Jones must pay a Sandy Hook family for defaming them attempts to answer that question.

Neil Heslin and Scarlett Lewis, the parents of Jesse Lewis, 6, who died at Sandy Hook, are requesting $150 million in compensatory damages for years of torment and threats they endured in the aftermath of Mr. Jones’s lies about them on Infowars, his Austin-based website and broadcast. They are suing him in the first of three trials in which juries will decide how much he must pay relatives of 10 people killed in the Dec. 14, 2012, mass shooting at Sandy Hook Elementary School in Newtown, Conn., for spreading lies that they were actors in a “false flag” operation, planned by the government as a pretext for gun control.

Last year Mr. Jones lost a series of Sandy Hook defamation cases by default, setting the stage for the damages trials.

Mr. Heslin, Ms. Lewis and J.T. Lewis, Jesse’s brother, will testify this week.

More important than money, the parents said, is society’s verdict on a culture in which viral misinformation damages lives and destroys reputations, yet those who spread it are seldom held accountable. “Speech is free, but lies you have to pay for,” Mark Bankston, the parents’ lawyer, told the jury in his opening statement last week. “This is a case about creating change.”

Scarlett Lewis, left, and Neil Heslin hope their trial will render a verdict on a culture in which viral misinformation damages lives and destroys reputations.
Credit...Hilary Swift for The New York Times

But the trial demonstrates how difficult it is to counter the views of die-hard conspiracy theorists. Over nearly three days of testimony last week, Daria Karpova, Infowars’ corporate representative, advanced bogus claims, refusing even to rule out the possibility that the trial itself was a staged event. She cast Mr. Jones as the victim, worrying over his health and saying the Sandy Hook lawsuits have cost him “millions.”

That claim allowed the families’ lawyers to share records with the jury showing that Infowars reaped revenues of more than $50 million annually in recent years.

Mark Bankston, a lawyer for Mr. Heslin and Ms. Lewis, questioned Daria Karpova, Infowars’ corporate representative, on Wednesday. Ms. Karpova pushed bogus claims during her testimony.
Credit...Pool photo by Briana Sanchez

At the heart of the trial is a June 2017 episode of NBC’s “Sunday Night with Megyn Kelly,” in which Ms. Kelly profiled Mr. Jones. In the broadcast Mr. Heslin protested Mr. Jones’s denial of the shooting. He recalled his last moments with Jesse, saying, “I held my son with a bullet hole through his head.”

Afterward, Mr. Jones and Owen Shroyer, a lieutenant of Mr. Jones at Infowars, aired shows implying that Mr. Heslin had lied. “Will there be a clarification from Heslin or Megyn Kelly?” Mr. Shroyer said on Infowars. “I wouldn’t hold your breath.”

The Sandy Hook School Massacre
Card 1 of 5

Enduring grief. A brutal shooting at Sandy Hook Elementary School in Newtown, Conn., in 2012 was among the deadliest in the country’s history, and it has fundamentally changed its gun politics. Here’s what to know:

A devastating attack. On Dec. 14, 2012, a 20-year-old gunman killed his mother and then walked into the elementary school armed with semiautomatic pistols and a semiautomatic rifle. He killed 26 people there, 20 of them children, before killing himself.

The push for gun control. Then-President Barack Obama vowed to “use whatever power this office holds” to stop such massacres from happening again. Though legislative efforts to pass a ban on assault weapons and expand background checks failed, a new wave of activism focused on gun control gained traction following the shooting.

An important win. On Feb. 15, Remington, the maker of the AR-15-style rifle used in the attack, agreed in a settlement to pay $73 million to the victims’ families. The suit worked around a federal law shielding gun companies from litigation by arguing that Remington had irresponsibly marketed the weapon, violating state consumer law.

Alex Jones and misinformation. Conspiracy theories that the shooting was a hoax have been amplified by the far-right broadcaster Alex Jones, who has lost several defamation lawsuits filed by families of the victims. IIn three separate trials, juries will decide how much Mr. Jones must pay for the suffering he caused.

Lawyers say the three trials hold lessons for other cases against conspiracy-minded defendants, from the Jan. 6 insurrectionists to Trump allies sued for falsely claiming that voting machine manufacturers helped “steal” the 2020 presidential election. Mr. Jones is also under scrutiny for his role in events surrounding the Jan. 6, 2021, attack on the Capitol.

“These Sandy Hook parents have spent years of their lives and sacrificed whatever is left of their privacy to shine a light on peddlers of disinformation, not only to seek justice for their children, but to make folks who profit from tragedy consider the consequences of their actions,” said Karen Burgess, a trial lawyer at Burgess Law in Austin who represented Dominion Voting Systems when it was sued by Texas conspiracy theorists who said the company helped rig the 2020 vote. Facing sanctions from the court, the conspiracy theorists dropped their suit against the company.

Lawyers for the Sandy Hook families say a verdict, expected this week in the first trial, could send a signal to other conspiracy purveyors about the cost of online lies and set into motion a chain of events that could shut Infowars down.

Still, the path forward is not clear. On Friday Mr. Jones put Infowars’ parent company, Free Speech Systems, into Chapter 11 bankruptcy, which usually automatically halts all pending litigation. Free Speech Systems, however, requested that the bankruptcy court lift that automatic stay, so the trial in progress can continue to a verdict. That motion is set for a hearing Monday morning in a bankruptcy court in Victoria, Texas. Judge Maya Guerra Gamble of the Travis County District Court indicated that the trial would proceed.

Lawyers for the families say a big jury award this week along with the bankruptcy could threaten Infowars’ operations, but many details about Mr. Jones’s current finances are murky.

For now the filing puts on hold the remaining two Sandy Hook damages trials, both scheduled for September.

In court last week, Mr. Jones’s lawyers launched a defense advanced by other defendants in politically charged defamation cases: Our national discourse has become so polluted by disinformation, they said, that who really knows what is true or false?

Federico Andino Reynal, Mr. Jones’s lawyer, blamed errors in mainstream media reports about Sandy Hook for the bogus theories spread by Mr. Jones.

“He had seen what he perceived as so many lies and so many cover-ups and so much hand-washing of the facts that he had become biased,” Mr. Reynal said. “He was looking at the world through dirty glasses. And if you look at the world through dirty glasses, everything you see is dirty.”

But Infowars staffers testified that they did not check easily available facts about Sandy Hook — or much else — before broadcasting their incendiary assertions. Lawyers for Mr. Heslin and Ms. Lewis, using internal emails and testimony from Infowars staffers, showed how Mr. Jones and his top lieutenants ignored multiple warnings that continuing to broadcast Sandy Hook lies would harm the survivors and land Infowars in legal trouble.

In a videotaped deposition, a former employee, Rob Jacobson, said he repeatedly delivered these warnings to Infowars staffers, “only to be received with laughter and jokes.”

Owen Shroyer, a top lieutenant of Mr. Jones at his Infowars website and broadcast, cited the trial’s “tremendous negative effects on my career and livelihood.”
Credit...Pool photo by Briana Sanchez

The NBC episode, which was shown in court, was particularly striking. In it Mr. Jones made a variety of damaging false claims, including dismissing a 2017 suicide bombing that killed 22 adults and children at an Ariana Grande concert in Manchester, England, as an attack on “a bunch of liberal trendies,” who support “Islamist” immigration.

Mr. Shroyer also testified that he failed to fact-check a false report on the episode defaming Mr. Heslin because he did not have the time.

At the trial last week, Mr. Jones’s seat at the defense table often remained empty. His lawyer, Mr. Reynal, has declined to say whether he will testify, adding that Mr. Jones is in charge of his defense. Mr. Reynal told the judge that Mr. Jones’s absences were because of a “medical condition” that Mr. Jones, speaking outside the courthouse, described as an untreated hernia.

But he continues to broadcast his show, where he and Mr. Shroyer derided the trial last week, violating the judge’s order not to comment on it. When Mr. Jones did come to court, he drove up in a motorcade and sat in the courtroom surrounded by bodyguards. Last week Mr. Reynal thrust a raised middle finger into the face of the families’ lawyer in a dispute over exhibits that nearly ended in a fistfight.

The trial proceedings have taken a toll on Mr. Heslin and Ms. Lewis. They hired security after they spotted people waiting for them outside their hotel, and they have heard Infowars loyalists describe them as pawns in Mr. Jones’s pursuit of online clout.

During his testimony in court on Thursday, Mr. Shroyer suggested that it was the lawsuits, not his and Mr. Jones’ lies, that exacerbated the families’ suffering. “I’m very upset that this continues,” he said, citing its “tremendous negative effects on my career and livelihood.”

'A costly mistake': JD Sports sells Footasylum to German private equity firm Aurelius for £37.5m - having paid £86m for it in 2019

  • The sports retailer bought the streetwear brand for £86m in 2019 
  • But CMA forced to sell it after ruling it would lead to a 'worse deal' for customers
  • Aurelius Group is the owner of the parent group of Lloyds Pharmacy

JD Sports has agreed to sell its Footasylum chain to Aurelius Group, a German private equity firm, for £37.5million.

The sports retailer bought the streetwear brand for £86million in 2019 but has been forced to dispose of it after the competition watchdog ruled that the takeover could lead to a 'worse deal' for consumers.

The group successfully appealed the initial decision to block the takeover but the Competition and Markets Authority issued a final notice to sell last November.



The competition watchdog issued a final notice to JD Sports to sell Footasylum last November

JD Sports chief executive, Kath Smith, said: 'I would like to sincerely thank the teams at Aurelius and Footasylum who worked collaboratively with the CMA to agree this transaction. 

'We wish both parties every success for the future.'

JD Sports shares were up 0.7 per cent to 130.45p in morning trade on Monday.

The sale to Aurelius, which owns the parent group of Lloyds Pharmacy, puts an end to some turbulent months for the retailer.

The long-term boss of JD Sports, Peter Cowgill, resigned from the company in May after a series of missteps.

JD Sports and Footasylum were fined £4.7million by the CMA after Cowgill and his opposite number Barry Brown held a secret car-park meeting amid the takeover and were found to have discussed commercially sensitive information. 

In 2021 Cowgill, who spent 18 years as the retailer's executive chairman, also faced a shareholder rebellion over his pay package, with some 51 per cent of independent investors voting against a £4.3million bonus paid in the middle of the pandemic. 

Retail veteran Andrew Higginson replaced Cowgill as chairman last month, while board member Kath Smith took over as interim chief executive.

JD Sports, which owns Tessuti and Go Outdoors, said the sale should complete in the coming weeks.

Russ Mould, investment director at AJ Bell, said JD Sports' acquisition of Footasylum had been a 'costly mistake'.

'Forced to sell by the competition regulator, it has made a pretty staggering loss of nearly 60 per cent on an investment made just three years ago,' he said.

'However, the real costs run greater than just the financial. 

'Events surrounding the doomed transaction contributed to the departure of its executive chairman Peter Cowgill, after a highly successful tenure, and damaged the company's reputation for good governance.'

Animal rights activists cite Foster City for ‘gander slander’

In Defense of Animals is unhappy with city council’s decision to consider lethal measures to control Canada geese population


Erik Allen, center, with “Direct Action Everywhere,” along with protesters chant outside of the home of Foster City Vice Mayor Jon Froomin in regards to the city’s plan to kill geese in Foster City, Calif., on Monday, July 25, 2022. (Nhat V. Meyer/Bay Area News Group)

By JOAN MORRIS | jmorris@bayareanewsgroup.com | Bay Area News Group
July 26, 2022 

Animal rights activists took their complaints about Foster City’s plans for managing a growing population of Canada geese to the city council Monday night, serving the city’s leaders with a “gander slander” citation.

For more than three years, Foster City has been trying to deal with a gaggle of Canada geese that just won’t leave a city park and lagoon. Each year, their numbers have grown, rising from 181 in 2020 to 323 the following year. All indications are that the number will increase this year.
FOSTER CITY, CALIFORNIA – JULY 25: A goose stands near the water next to Marin Park in Foster City, Calif., on Monday, July 25, 2022. (Nhat V. Meyer/Bay Area News Group)

Last week, the council decided to consider lethal measures while continuing to use other non-lethal methods and exploring other options. The council, however, made it clear that while it doesn’t relish killing the birds, the situation at the park has become unhealthy for bird and human alike.

Among the concerns: Lagoon water quality and other sanitation issues continue to grow in the city’s parks and open spaces. A statement on the city’s web site says testing shows elevated bacteria levels in the lagoon which are directly affecting the local waterfowl population.

Avian diseases also spread more quickly among over-crowded flocks, and the detection earlier this month in Sacramento of an extremely contagious avian flu in two Canada geese and an American white pelican, may make flock control more critical. This form of the flu seems to target waterfowl.

In Defense of Animals, a national group of animal rights supporters, has been vocal in its opposition to the use of lethal methods, and has accused the city of ignoring non-lethal controls.



“Foster City’s decision to break the necks of up to 100 geese is despicable, and it won’t work,” Lisa Levinson, campaigns director for the group, said in a statement. “New geese will be attracted to plentiful resources in the area, and the killing cycle will start all over again. Nonlethal goose stewardship practices are available now, but the Council of Foster City chose to kill innocent animals instead. That’s why our National Goose Protection Coalition charged the agency with Gander Slander. Compassion must be a guiding principle for decisions related to the wellbeing of geese, who are our wild animal neighbors.”










The city council’s decision last week directed city staff to start pursuing depredation permits from the California Department of Fish and Wildlife, but officials said lethal options would be exercised selectively and in conjunction with a wide variety of nonlethal alternatives.

The city has been using non-lethal measures with a modicum off success, including using dogs to haze the geese and addling eggs to lower the hatch rate.

The plan now, city officials said, is to explore a variety of solutions and landscape modifications in an attempt to persuade the geese to move along.
Have the past misdeeds of John James Audubon come home to roost?

Seattle Audubon affiliate is the first to drop the name, but others are considering following suit


LAFAYETTE, CALIF. – DEC. 18: Volunteers search for birds along the trial at the Lafayette Reservoir in Lafayette, Calif., on Sunday, Dec. 19, 2021. Volunteers spent 9 hours walking along the trails of the Lafayette Reservoir counting birds for the 122nd Audubon Christmas Bird Count. The bird count occurs from December 14 through January 5, 2022. (Jose Carlos Fajardo/Bay Area News Group)

By JOAN MORRIS | jmorris@bayareanewsgroup.com | Bay Area News Group
 July 30, 2022 a

It was a risk that likely was not perceived back in 1886, when Forest and Stream magazine editor George Bird Grinnell, distraught over the mass slaughter of birds, decided to name his new organization after one of the most noted artists and naturalists of his time, John James Audubon.

Audubon’s legacy had become entwined with the scientific study of birds and the ideals of conservation, and within a year, Grinnell’s Audubon Society had attracted 39,000 members, each of whom signed a pledge to “not molest birds.”

Audubon, who documented the birds of North America in detailed paintings and influenced the study of ornithology, was not, however, the heroic character he was portrayed to be. Seen in the harsh light of the modern world, Audubon has been revealed as a slave owner who rejected abolition, and a man who stole Native American remains to proffer the absurd theory that the white man was the superior race.

While the National Audubon Society, with its more than 450 independent affiliates, is considering whether to continue with the Audubon name, Seattle has become the first affiliate to announce it would drop it, although it’s still deciding on a replacement. Others, including the Santa Clara Valley Audubon Society, are considering doing the same.

Matthew Dodder, executive director of the group, says the full board will be discussing the issue at a retreat planned for mid-October. Dodder said the society has been getting a lot of questions about the Audubon name, so it will be a “spotlight issue” during the board retreat.

It’s not as simple as dropping the name and picking another, Dodder says. Civil War statues were removed from the streets and put into museums, where they could be displayed in context. The Audubon name has been a central fixture of the birding world — in ornithology, hobby birdwatching, exploration, education and conservation — for more than a century. It’s not as easy to isolate.

“There’s a huge amount of equity in that name,” Dodder says. “It’s recognizable worldwide, and it has served as an inspiration. But we have to look at it objectively. Are we alienating a demographic? What would be gained, what would be lost? Would it be worth it? It might be.”For more wildlife, garden and backyard topics, sign up for our new, free Flora+Fauna newsletter.

The Mt. Diablo Audubon Society is aware of discussions and concerns, says board vice president Ariana Rickard.

“The board of Mt. Diablo Audubon has not had a discussion regarding dropping Audubon from our name,” Richard says. “We have an equity, diversity, inclusion and belonging committee, but the committee has not talked about this.”

Meanwhile, National Audubon Society CEO Elizabeth Gray said the organization is exploring the question of a name change but has made no decision.

Seattle Audubon is an independent chapter of the National Audubon Society, and we respect their autonomy, as they do their important work and represent themselves to the community that they serve,” Gray says. “The National Audubon Society is still in the process of a comprehensive exploration of John James Audubon and has not yet made a decision about our name.”

Audubon isn’t the only name problem in the bird world. In the heady days of exploration and discovery, a great number of bird and other animal species were named for the people who first recorded the find or as recognition of benefactors, friends and family.

In 2020, in the midst of a social reckoning, a sparrow-sized grassland bird native to the Central United States, the McCown’s longspur, became the subject of fierce debate over its name.

The North American Classification Committee was at first reluctant to change the eponymous name, saying that Confederate General John McCown had made legitimate contributions to ornithology. It noted that it was widely known “that judging historical figures by current moral standards is problematic, unfair to some degree and rarely black and white.”

But in the racially charged summer of 2020, with the death of George Floyd and in light of other decisions to remove monuments and rename buildings, the committee relented and McCown’s longspur is now known as the thick-billed longspur.

Dodder supports such name changes and not just because it turns out some of the namesakes have less than sterling pasts. Naming a bird after a person doesn’t help in the identification of the species, which is of paramount importance to birdwatchers.

Dodder says if the national organization decides on the name change, it would make it easier for affiliates to make the change, but he’s not certain that will happen.

“I have a feeling, we will see a sprinkling of chapters that decide to go forward,” Dodder says. “We just have to see what happens. Lots of chapters are watching to see what happens with national. And we’ll be watching to see what Seattle does. It was a brave decision, and I’m curious what name they will choose.”
Opinion
A beloved butterfly is in peril. It’s not alone.




By the Editorial Board
August 1, 2022 

Monarch butterflies are pictured at the El Rosario sanctuary on March 18, 2008, in Michoacan, Mexico. (Luis Acosta/AFP/Getty Images)

It’s one of nature’s most incredible sights: Millions of monarch butterflies, clustered together across the tree line, moving their wings in near unison. As the temperature warms, the butterflies take flight, cascading through the forest in a sea of orange, white and black. No wonder these swarms are, evocatively, also called kaleidoscopes.

Every year, monarch butterflies undertake the arduous 3,000-mile journey from the Great Lakes to winter in California and Mexico. They have followed this migratory path for centuries, pollinating flowers across the continent and inspiring awe in generations of Americans. Now, these creatures — an indelible part of many childhood memories — are under threat.

In July, the International Union for the Conservation of Nature (IUCN) placed the species on its “Red List,” designating it “endangered.” Estimates suggest that the monarch population has declined between 22 percent and 72 percent in the past decade alone; the population in the west has shrunk by an estimated 99.9 percent since the 1980s

Some variation in butterfly numbers is normal. But looking at 10-year averages, it is clear the population is fluctuating around a mean well below the range of the 1990s and 2000s. Experts attribute the decline to habitat loss and climate change. As North American farms increasingly use herbicides associated with genetically modified corn and soybeans, milkweed plants — the sole diet of monarch caterpillars — are disappearing. That, coupled with urbanization and the extreme weather events of the past few years, has imperiled monarch breeding.

The U.S. Fish and Wildlife Service spent years assessing whether it should list monarchs as threatened or endangered under the Endangered Species Act. It eventually decided that, though monarchs met the criteria for protection, many other species were at higher risk and had greater need of federal intervention. It is a sad reflection on the state of the world that so many species merit this designation, with limited resources on hand to help them.

The recent IUCN classification does not trigger any legal or regulatory responses. Still, the news should drive attention to the pressures facing monarchs — and other flora and fauna affected by deforestation, global warming and other threats to biodiversity. This includes creatures that are less recognizable and beloved. A 2019 scientific review found that a third of insect species were endangered, with a rate of extinction eight times higher than reptiles, birds and mammals. Data suggests that the total mass of insects worldwide is declining by more than 2 percent annually

Planting more milkweed and nectar-producing flowers could help monarchs. But, as with all forms of conservation, individual efforts can only do so much. Policies that address climate change, maintain protected lands and curb cultivation on marginal land with little commercial value would have far greater impact — for butterflies and many other forms of wildlife.

Our natural world is full of marvels. We should do what we can to preserve them for future generations — and ensure our planet’s ecosystems can survive and thrive.

Beloved monarch butterflies now listed as endangered



Monarch butterflies land on branches at Monarch Grove Sanctuary in Pacific Grove, Calif., Wednesday, Nov. 10, 2021. On Thursday, July 21, 2022, the International Union for the Conservation of Nature said migrating monarch butterflies have moved closer to extinction in the past decade – prompting scientists to officially designate them as “endangered.” (AP Photo/Nic Coury, File)

By ASSOCIATED PRESS
PUBLISHED: July 21, 2022

By Christina Larson | Associated Press

WASHINGTON — The monarch butterfly fluttered a step closer to extinction Thursday, as scientists put the iconic orange-and-black insect on the endangered list because of its fast dwindling numbers.

“It’s just a devastating decline,” said Stuart Pimm, an ecologist at Duke University who was not involved in the new listing. “This is one of the most recognizable butterflies in the world.”

The International Union for the Conservation of Nature added the migrating monarch butterfly for the first time to its “red list” of threatened species and categorized it as “endangered” — two steps from extinct.

The group estimates that the population of monarch butterflies in North America has declined between 22% and 72% over 10 years, depending on the measurement method.

“What we’re worried about is the rate of decline,” said Nick Haddad, a conservation biologist at Michigan State University. “It’s very easy to imagine how very quickly this butterfly could become even more imperiled.”


The monarch butterflies are photographed in the Pacific Grove butterfly grove on Monday, November 7, 2005.
 (Vern Fisher/Monterey County Herald)

Haddad, who was not directly involved in the listing, estimates that the population of monarch butterflies he studies in the eastern United States has declined between 85% and 95% since the 1990s.

In North America, millions of monarch butterflies undertake the longest migration of any insect species known to science.

After wintering in the mountains of central Mexico, the butterflies migrate to the north, breeding multiple generations along the way for thousands of miles. The offspring that reach southern Canada then begin the trip back to Mexico at the end of summer.

“It’s a true spectacle and incites such awe,” said Anna Walker, a conservation biologist at New Mexico BioPark Society, who was involved in determining the new listing.


A monarch butterfly rests on a flower at Palo Alto’s Rinconada Park Community Garden near Stanford University in Palo Alto, Calif., on Thursday, Oct. 28, 2021.
 (Shae Hammond/Bay Area News Group)

A smaller group spends winters in coastal California, then disperses in spring and summer across several states west of the Rocky Mountains. This population has seen an even more precipitous decline than the eastern monarchs, although there was a small bounce-back last winter.

Emma Pelton of the nonprofit Xerces Society, which monitors the western butterflies, said the butterflies are imperiled by loss of habitat and increased use of herbicides and pesticides for agriculture, as well as climate change.

“There are things people can do to help,” she said, including planting milkweed, a plant that the caterpillars depend upon.

Nonmigratory monarch butterflies in Central and South America were not designated as endangered.

The United States has not listed monarch butterflies under the Endangered Species Act, but several environmental groups believe it should be listed.

The international union also announced new estimates for the global population of tigers, which are 40% higher than the most recent estimates from 2015.

The new figures, of between 3,726 and 5,578 wild tigers worldwide, reflect better methods for counting tigers and, potentially, an increase in their overall numbers, said Dale Miquelle, coordinator for the nonprofit Wildlife Conservation Society’s tiger program.

In the past decade, tiger populations have increased in Nepal, northern China and perhaps in India, while tigers have disappeared entirely from Cambodia, Laos and Vietnam, said Miquelle. They remain designated as endangered.

 

NGOs: Thailand may be planning to deport Uyghurs to China

Detainees have been relocated to a center in Bangkok, prime minister’s chief security adviser tells BenarNews.
By Nontarat Phaicharoen for BenarNews
2022.07.27
Bangkok


NGOs: Thailand may be planning to deport Uyghurs to ChinaPeople believed to be Uyghurs are transported to a detention center in Songkhla town in southern Thailand after visiting women and children at a separate facility, March 26, 2014.
 Reuters

Thailand has moved dozens of Uyghurs from around the kingdom to a single facility in Bangkok, a security official confirmed Wednesday, raising fears among NGOs that the government may deport them to China after three detainees escaped earlier this month.

Thai authorities had moved the Uyghurs to the detention center in Thailand’s capital for their own good, according to Panitan Wattanayagorn, the chief security adviser to Prime Minister Prayuth Chan-o-cha.

“I understand it was a relocation for security reasons and to improve their living conditions,” Panitan told the RFA-affiliated BenarNews by phone, but he did not respond to a question about whether the Thai government would send the Uyghurs back to China.

“For a broad overview of solving the troubles, we can say that they escaped death to stay with us. We have to handle them according to international standards and obligations,” he said. 

“We won’t breach their basic rights – that is there is no separation of the families. But the problem is more convoluted than that, and we try to solve it bit by bit.”

BenarNews reached Panitan a day after seven local NGOs and Thailand’s Islamic council issued a joint statement questioning the Muslim Uyghur detainees’ transfer to Bangkok. 

“This action raised concerns among the civil society network monitoring the Uyghur situation that the Thai government will force the Uyghurs to return to their country of origin at the request of the Chinese government,” said the NGOs and the humanitarian council of the Sheikhul Islam Office, the top Islamic authority in majority-Buddhist Thailand. 

The relocation to Bangkok came after three Uyghur men escaped from an immigration detention center in central Thailand on July 11, said Chalida Tajaroensuk, director of the People’s Empowerment Foundation, a Thai NGO that assists Uyghur refugees in the country. The trio is believed to be at large. 

“Our sources have told us that Uyghurs were brought from different detention centers across the country and are now all held together at the Suan Plu immigration detention center,” Chalida told BenarNews on Wednesday. “We fear they could be sent back at China’s pressure. So far, they are still here, as far as we know.”

Fifty-two to 56 Uyghurs have been in limbo in Thailand after they allegedly entered the country illicitly while fleeing from northwestern China seven to eight years ago, Chalida said. At least 44 of them are at Suan Plu, but it was not clear what happened to the others. 

Activists said those held in detention centers are in an immigration limbo because China wants them back, while Thai authorities have not yet decided what to do with them.

Meanwhile, a foreign affairs committee of the Thai parliament has summoned the foreign ministry and other related agencies on Aug. 4 to clarify the situation. 

“We also want to have the national human rights commissioners be debriefed on the relocation and allowed to make a visit to them and monitor their health,” Chalida said.

No visits 

She said the NGOs and the human rights officials had not been allowed to visit the Uyghurs despite requests to the government.

Previously, Chalida noted that they were living in unhygienic, cramped cells after seven Uyghur inmates tried to escape from a detention center in Mukdaharn province in 2020. 

The NGOs and the Muslim council also called on the government to be mindful of an incident in 2015 when it deported 109 Uyghurs to China. The fates of those deported are not known. 

“Thailand must not make the same mistake twice. There is no reasonable reason for the Chinese government to ask the Thai government to force these Uyghurs to return to China where they will face persecution,” the statement said.  

The Uyghur people, who live in the Xinjiang Uyghur Autonomous Region (XUAR), are a Muslim minority who have endured persecution and repression by the Chinese government, cases of which have been well documented by human rights groups.  

Thai officials said the Uyghurs were detained after fleeing from XUAR as they tried to travel through Thailand, hoping to find asylum in Turkey or other countries. The exodus began in 2013 and 2014 when about 475 fled to Thailand. Since then, other Uyghurs have entered the country in a series of smaller waves. 

Human rights activists said human smuggling rings allegedly aided Uyghurs in entering Thailand from Myanmar and Laos. The asylum seekers traveled by roads and sometimes trekked through jungles to avoid police checkpoints along the way to Malaysia, but most ended up being rounded up in the far southern province of Songkhla, near the Malaysian border. 

BenarNews is an RFA-affiliated news service.

 

Vietnamese religious leader appeals five-year sentence

Lawyers say six other Peng Lei House Buddhist Church members are also innocent.
By RFA Vietnamese
2022.08.01


Vietnamese religious leader appeals five-year sentenceLe Tung Van submits his appeal to the Duc Hoa district People’s Court on July 28.
Facebook: Trinh Vinh Phuc

The man at the center of allegations of incest, fraud and abusing freedoms has appealed against his five-year prison sentence.

Le Tung Van from the Peng Lei House Buddhist Church, now known as Thien Am on the Edge of the Universe, was sentenced on July 21 on charges of "abusing democratic freedoms".

Police have since suspended investigations into claims the church was an incest cult whose leaders personally profited from charitable donations.

Le’s lawyer, Dang Dinh Manh of the Ho Chi Minh City Bar Association, brought the accused to the Duc Hoa district people’s court to file an appeal, accompanied by a team of defense lawyers.

Le raised five points to assert his innocence. He said he did not offend the Vietnamese Buddhist Church in Long An province, or the Duc Hoa district police. He said, on the contrary, he and members of his group suffered years of humiliation and slander.

Le repeated a call made at his trial for his accusers to stand up to him and make their claims in court.

The church leader accused five organizations of persecuting his religion: The Duc Hoa district Police Agency, the Long An provincial Police Department, the Duc Hoa district People's Procuracy, the Long An province’s People's Procuracy and the People's Court.

He called on the appeals court to drop the charges against him and his colleagues and free them immediately and unconditionally.

Le’s lawyer Dang Dinh Manh told RFA that he and four associates believed the Duc Hoa district court had unfairly tried six members of Peng Lei because of at least 22 procedural violations.

“With Le Tung Van's appeal we hope the appeals court will reach a verdict in accordance with the law, declaring there was no crime under Article 331 of the Criminal Code,” he said.

“If we have a guarantee that the procedural regulations will be strictly implemented, it will have a very positive impact on the policy of building a state based on the rule of law, restore people's trust in the law and enhance the prestige of the prosecuting agencies.”

So far only Le has filed an appeal but lawyer Dao Kim Lan said he believed the six others charged to be innocent.

"Personally, as a lawyer directly involved in the case and having access to all the files, I determine that my clients have not committed a crime according to the charges and documents and evidence shown in the case file,” he said.