The following article, Left Already Losing It As Trump Announces Starting Lineup (Video), was first published on Conservative Firing Line.

Trump learned some hard lessons from his first kick at the can. This time, he’s not making the same mistakes. Personnel IS policy. Last time around DJT was hamstrung right out of the gate when the Alabama Senator he tapped to be his AG was stuck in purgatory under bogus Russia allegations. The Deep State …

Continue reading Left Already Losing It As Trump Announces Starting Lineup (Video) ...

The following article, Lawfare Freeze: Judge Merchan Delays Decision On Trump Sentencing, was first published on Conservative Firing Line.

BREAKING: Justice Merchan has granted a request from prosecutions/defense to pause deadlines — including Trump's sentencing date — while they consider the effect of his election as president. https://t.co/LaeJlAyTDi pic.twitter.com/SAHVbo3HbG — Kyle Cheney (@kyledcheney) November 12, 2024 Developing … * * * Content created by the WND News Center is available for re-publication without charge …

Continue reading Lawfare Freeze: Judge Merchan Delays Decision On Trump Sentencing ...

The following article, Forty-Seven Percent Of Harris Voters Believe Trump Will Not Be A Legitimate President; 54 Percent Want To Leave The Country, was first published on Conservative Firing Line.

I really wish that everyone would just calm down.  Emotions always run high immediately after an election, but what we are witnessing this time around is truly frightening.  We live at a time when people feel free to express their deepest, darkest emotions on social media, and right now “freak out video” after “freak out …

Continue reading Forty-Seven Percent Of Harris Voters Believe Trump Will Not Be A Legitimate President; 54 Percent Want To Leave The Country ...

It was supposed to be a push to help her over the finish line. It ended up giving Trump a free shot with their audience instead.

The post OOPS: SNL Tried To Help Kamala… But Boosted TRUMP Instead (VIDEO) appeared first on Clash Daily.

Whether America realized it or not, on the last day of Trump's Presidency, Trump was already making his case for his return to the Oval Office. And it was a strong case in his favor.

The post The STRONGEST Argument For Re-Electing Trump Was Published On The White House Website appeared first on Clash Daily.

Mark Fisher was co-founder of the Rhode Island chapter of BLM. He voted for Joe Biden in 2020. Does he have buyers remorse? Yeah, you could say so. His viral video is causing a stir... but there's more to that story.

The post Former BLM Chapter Co-Founder Switches To Trump In ’24 … What Changed His Mind? appeared first on Clash Daily.

It's all over but the crying for a campaign that was supposed to be characterized by 'joy'. There will be no concession speech tonight. At little before 1 am, Kamala is running like a scared rabbit.

The post Cowardly Kamala Pulls A Hillary — Refuses To Concede As Trump Paints The Country Red appeared first on Clash Daily.

Trump asked the question: are you better now than when I was in office? America's answer could not have been more clear.

The post TRUMP TRIUMPHS: Victory Speech As He Completes The YUGE Comeback appeared first on Clash Daily.

Republican primary opponents like Ron DeSantis said that every time they announced another indictment, his poll numbers got better. They should have known better. But they were blinded by hate.

The post BOOM: Trump Prosecutors React To New Post-Election Realities… Here’s Their Plan appeared first on Clash Daily.

While the rest of us were busy cheering (or crying) about the election results, the world kept turning and events continued to unfold at home and around the world.

The post Trump Scores Three Big Wins Less Than One Day After The Election appeared first on Clash Daily.

The usual talking heads in the media are freaking out and making all kinds of wild claims. Those are the rage-y emotional reactions. What's a more sensible take on all of this?

The post Why Did Trump Win And What Happens Now? appeared first on Clash Daily.

If anyone could accuse Trump of being on 'defense' during his witch-hunt trials, he's going on full offense now.

The post BOOM: Trump’s Lawyers SAVAGE Letitia James… Threaten PRISON If She Plays More Of Her Games appeared first on Clash Daily.

He learned some hard lessons from his first kick at the can. This time, he's not making the same mistakes. Personnel IS policy.

The post Left Already Losing It As Trump Announces His Starting Lineup (VIDEO) appeared first on Clash Daily.

Conservative activist Scott Presler, whose organization Early Vote Action helped swing Pennsylvania to the right in the general election, announced Monday he will be working to do the same in […]

The post Democrats Have Another Problem to Worry About as Man Who Helped Trump Win Has Eyes on Blue State appeared first on The Western Journal.

Republicans have solidified their control of Washington by retaining control of the House of Representatives. President-elect Donald Trump’s overwhelming victory in the presidential race, coupled with GOP control of the […]

The post Breaking: Republicans Retain Control Over House of Representatives, Handing Trump the Keys to His Agenda appeared first on The Western Journal.

President-elect Donald Trump is expected to nominate Florida Sen. Marco Rubio as his secretary of state, reports late Monday indicate. According to The Wall Street Journal, while the nomination isn’t […]

The post Trump to Pick Senator Marco Rubio for Crucial Cabinet Position: Report appeared first on The Western Journal.

In a surprise move that broke in the early hours of Tuesday morning, President-elect Donald Trump has reportedly picked South Dakota Gov. Kristi Noem as his nominee to head the […]

The post Trump Makes His Pick for Secretary of the Department of Homeland Security Secretary: Report appeared first on The Western Journal.

Left-wing networks had plenty of bad news for their viewers as former President Donald Trump stormed to victory in the Nov. 5 election. Now, they’re getting plenty of bad news […]

The post Insult to Injury: MSNBC and CNN Suffer Staggering Ratings Plunge Following Trump Victory appeared first on The Western Journal.

Melania Trump will not be traveling with her husband to Washington on Wednesday when President-elect Donald Trump and President Joe Biden have a formal transition meeting, according to multiple reports. […]

The post Melania Trump to Give Jill Biden the Cold Shoulder This Week: Report appeared first on The Western Journal.

President-elect Donald Trump will begin his second term by putting pieces of his first one back in place, according to incoming White House Chief of Staff Susie Wiles. Wiles made […]

The post Trump's New Chief of Staff Susie Wiles Discloses His Day One Plans: Report appeared first on The Western Journal.

Shortly after President-elect Donald Trump appointed Tom Homan as “border czar,” the immigration hardliner’s hilarious 2019 smackdown of Democratic Rep. Alexandria Ocasio-Cortez of New York went viral on social media. […]

The post Flashback: Video of Tom Homan Taking Down AOC Resurfaces, Showing Why Trump Picked Him appeared first on The Western Journal.

To a large extent, President-elect Donald Trump’s winning coalition came together around one absolute truth. In sum, Americans do not have a self-governing constitutional republic if we also have a […]

The post Trump Shares His 10-Step Plan to 'Shatter the Deep State' and It Will Give You Chills appeared first on The Western Journal.

Retired Gen. Mark Milley is afraid of retribution. The former chairman of the Joint Chiefs of Staff and a four-star Army general made no bones about his feelings about former […]

The post Mark Milley Fears He Will Face a Court-Martial When Trump Enters White House appeared first on The Western Journal.

The election of Donald Trump in 2024 marked a pivotal moment in American politics, a moment that many saw coming from miles away. But what drove this resurgence? Why did […]

The post Why Trump Won appeared first on The Western Journal.

New York Judge Juan Merchan — who is overseeing President-elect Donald Trump’s business records case — agreed to freeze the case until Nov. 19. There was to be a hearing […]

The post Judge Juan Merchan Grants Request from Trump's Legal Team and DA in NY Hush Money Case appeared first on The Western Journal.

President-elect Donald Trump announced Tuesday that former Arkansas Gov. Mike Huckabee is his pick to be the next U.S. ambassador to Israel. “Mike has been a great public servant, Governor, […]

The post Trump Makes His Pick for US Ambassador to Israel as Conflict in Gaza Remains Heated appeared first on The Western Journal.

Just because you’re paranoid, it doesn’t mean you’re wrong. And for any supporters of President-elect Donald Trump who feel that they’ve been unfairly targeted by the government, but were summarily […]

The post Fired FEMA Worker Reveals Discrimination Against Trump Supporters Was Even Worse Than First Reported appeared first on The Western Journal.

President-elect Donald Trump has chosen the next director of the CIA. Trump tapped former Texas congressman and director of national intelligence John Ratcliffe for the job. According to a statement […]

The post 'Warrior for Truth': Trump Has Chosen His Next CIA Director, Crediting Pick for 'Exposing Russian Collusion' Hoax appeared first on The Western Journal.

President-elect Donald Trump is reportedly considering lawyer Alina Habba to be the White House press secretary. Habba often spoke to the media while she was on the legal team representing […]

The post Report Shows New Front-Runner for Trump's Press Secretary Spot: The Media Should Be Terrified appeared first on The Western Journal.

Pro-Trump businessmen Elon Musk (the richest man in the world) and Vivek Ramaswamy have officially joined the incoming Trump administration. President-elect Donald Trump announced in a statement published Tuesday that […]

The post Breaking: Musk, Ramaswamy Officially Join Trump Administration - Their Job Is to Destroy Bureaucracy appeared first on The Western Journal.

Harris and Trump's shared goal masks a fundamental AI policy divide Expert comment rgold.drupal 3 November 2024

Both presidential candidates will pursue US tech dominance but differ on the means to achieve it.

There remain some differences between the US presidential candidates’ positions on the governance of artificial intelligence and other emerging technology, notably around competition. 

But under either future administration, US decision-making looks set to be heavily influenced by growing securitization, the aims of the US technology industry and broader competition with China. 

‘Safe’ AI development 

Vice President Kamala Harris attended the inaugural Global AI Safety summit in the UK in 2023, where she announced President Joe Biden’s Executive Order on AI. This significant move by the federal government sought to define national and cyber security guidelines for AI developers and outline privacy and transparency guarantees. It also committed the federal government to a review of the National Security implications of this emerging technology, which was published last week.

In her remarks at the summit, Harris was clear that her definitions of safety extended beyond catastrophic risk mitigation to societal and personal harm. She noted the corrosive effects of some algorithmic decision-making and disinformation on democracy, appealing for AI that is developed ‘in the service of the public interest’.

A number of initiatives developed during the Biden administration have attempted to steer emerging technology as it takes root in society. This includes the establishment of the US AI Safety Institute, various schemes on global AI governance and investment in Public AI projects like the National AI Research Resource (NAIRR).

The US public is largely supportive: polling by the AI Policy Institute (AIPI) points to a majority preference for safety standards governing the US effort to lead in AI, rather than pedal-to-the-metal development. Investment in public options on AI and the infrastructure required to develop and sustain it is a bold direction that the incoming administration should consider expanding.

Biden’s Executive Order on AI has come under fire by the Trump campaign. At a rally in Iowa, Trump explained that he would cancel the order ‘on day one’, echoing a Republican platform that described it as imposing ‘Radical Leftwing ideas’ . 

Trump does, however, have his own track record in technology policy. During his first presidency, his administration passed an Executive Order on AI, stressing that ‘continued American leadership in Artificial Intelligence is of paramount importance to maintaining the economic and national security of the United States’. The tools and institutions announced as part of the order – including AI research investment, national AI research institutes and AI regulatory guidance including on federal use of AI – echo those of the current administration. 

Four years is a long time in AI, however. As the power of this technology is revealed, talk of safety may give way to talk of security. While the candidates may disagree on the role of the federal government in setting standards, there will be close alignment on the central need for US supremacy in national security. Neither administration seems likely to erect barriers to securitization of AI should it emerge as a critical strategic asset.

AI regulation at home 

American industry will remain the pivotal force shaping the US AI ecosystem, particularly as America jostles for position as the maker of the global rules governing AI. A notable aspect of Biden’s AI Executive Order was where it staked responsibility. Reports by AI and Cloud companies on the safety of their tools and infrastructure are sent to the Department of Commerce.

Under Secretary Gina Raimondo, whose star continues to rise, the department has become significantly more engaged with technology companies. In the absence of any other legal authority, AI governance has therefore sat under the purview of a secretary who herself has noted that they are ‘not a regulator’. 

The trend of industry leaders driving the government agenda on AI is replicated in other departments. There was an outcry over the composition of the new Department of Homeland Security advisory panel, the Artificial Intelligence and Security Board, with civil society groups concerned about the preponderance of industry voices: the 22-member panel includes the CEOs of OpenAI, Anthropic, NVIDIA, IBM, AWS, Adobe, Microsoft and Alphabet.

Under a Harris presidency, these trends seem likely to continue. Plus with deadlock in Congress probable, establishing new legal authorities for emerging technology will be difficult. That will likely mean emerging tech governance remains heavily influenced by the Department for Commerce. 

Like Harris, Trump has his allies in industry. While the Biden administration has courted the CEOs of AI companies who have historically spoken out in favour of regulation, Trump’s allies tend towards a more deregulatory agenda. 

Silicon Valley billionaires Elon Musk and Marc Andreessen have backed Trump’s plans to minimize AI regulation, lauding his support for ‘little tech’. They have also backed reported plans for so-called ‘Manhattan Projects’ to develop military technology, stewarded by ‘industry-led’ agencies. Trump’s aversion to strong regulatory institutions may mean an end to Biden’s anti-trust efforts, benefitting the biggest voices in the room, though his VP pick may disagree. JD Vance has somewhat surprisingly come out strongly in defence of the current chair of the Federal Trade Commission, Lina Khan, and her anti-trust efforts targeting US big tech.

Regardless, business interests will likely shape either a Harris or Trump administration’s approach as the US grapples with balancing the ambitions of its industry with an increasingly protectionist stance towards its biggest import market, China.

Competition abroad

China looms large in the imaginations of both campaigns. 

The US has signalled to its allies that American AI standards should replace Chinese standards. Export controls on semiconductors were expanded in September this year, with key voices in the industry – notably the Netherlands, Japan and South Korea – describing the restrictions as ‘economically motivated’ despite nominally being tied to national security by the US. 

The election shows that Trumpism is here to stay Expert comment rgold.drupal 7 November 2024

World leaders must engage with the new president’s view of America’s priorities and accept that the US has changed.

In a landslide victory, former President Donald Trump has been elected to be the 47th president of the United States. This election was laden with the expectation that a dead heat would lead to delay, legal challenge, extremism, and possible violence. It has instead passed quickly, decisively, and peacefully.  More than 67 million Americans who voted for Kamala Harris have demonstrated restraint and accepted the result. By this measure, democracy in the United States has prevailed. 

Across Asia and Latin America, leaders have been preparing for a second Trump term. They are pragmatic and resolute in their belief that they can work with the once and 

also future US president. In Europe, leaders have been less certain. They have oscillated between two approaches. The first, of ‘Trump-proofing’ – an instinct if not a strategy  that builds on the quest for strategic autonomy, championed by the President of France, Emmanuel Macron. The second, a calculation by some, not least the Prime Minister of Hungary, Viktor Orbán, that they can present themselves as top-tier partners to the US in a new approach to transatlantic security. 

Trumpism is not an aberration

For eight years, world leaders and foreign policy experts have been debating whether President Trump was the cause of a radical change in the US, or merely a symptom of powerful trends in the American body politic: rising inequality, a loss of manufacturing jobs – a demographic defined by white male non-college-educated voters who feel left behind – a deeply engrained anti-elitism, and a society in desperate need of a new kind of political leadership. 

In Trump’s first term, many leaders acted on the basis that he was an aberration, not a symptom. That meant that foreign leaders assumed his policies might disappear with his future electoral defeat, and short-term strategies designed to ‘work around’ Trump were a good bet. 

The next US president would return to a familiar agenda (free trade, market access, strong alliances, a commitment to climate action, extended nuclear deterrence and deepening transatlantic ties) and so America’s friends could wait this out. Indeed, civil servants frequently pointed to the strength of bilateral working relations, despite an often disruptive high-level political style. 

President Joe Biden’s commitment to multilateralism, the transatlantic partnership and Ukraine seemed to confirm the view that Trump’s policies were an anomaly and that America had reverted to normal. Gradually, though, Biden’s policies began to chip away at this assumption. He continued Trump’s tariffs, executed a reckless and unilateral exit from Afghanistan with little consultation, and pushed through a transformative but also protectionist climate investment bill in the Inflation Reduction Act. 

Fast forward to this election result. A stunning – many would say shocking – victory must put to rest any assumption that Trump is an aberration. It may have started that way, but today it appears there is no going back. The world is now confronted with a president that has had time to sharpen and hone his instincts, to prioritise loyalty in appointing a close circle of advisers, and to lay the foundation for his Vice President JD Vance to carry forward his vision once his second term ends. 

First moves

What will Trump do first? Several things are in store: A sharp immigration policy including deportations is likely to be top of Team Trump’s agenda in its first 100 days. This may prove to be inflationary – deporting millions of undocumented migrants would shrink the labour supply – but that is unlikely to restrain Trump in the short-term. A 2.0 version of his so-called ‘Muslim ban’ could also feature. And immigrants will continue to take a hit rhetorically, labelled as outsiders and as criminals. 

The punishment for noncompliance could also be harsh. If Mexico does not demonstrate its willingness to cooperate, retaliation might take the form of tariffs, or a tough review or even renegotiation of the United States-Mexico-Canada Agreement (USMCA) in 2026. 

The return to tariffs as the front line of trade policy  is virtually certain. Trump has telegraphed this for months. China can expect far harsher tariffs. What is more difficult to discern is whether these will be a bargaining tool with conditions attached, or a ratcheting up towards a new level of protectionism. 

For Asia, there is grave uncertainty. No one can be sure what Trump’s strategy will be towards Taiwan. Investment in the latticework of mutually-reinforcing partnerships across the region may take a back seat. But how Trump will manage North Korea’s nuclear threat is unclear. So too is the question of whether under his watch, US nuclear deterrence will continue to provide enough assurance to prevent South Korea and Japan from developing their own nuclear weapons. 

Still, it is Europe that is likely to face the sharpest edge of Trump’s second term. Tariffs in search of reciprocal market access and reducing America’s trade deficit with Europe are more likely than not. But it will be the existential and enduring shift in America’s commitment to Europe and its security that will hit hardest. 

Independent Thinking: What does Donald Trump’s re-election mean for the world? Audio john.pollock 8 November 2024

Edward Luce, Leslie Vinjamuri and Gerald Seib join the podcast this week to discuss Donald Trump’s victory over Kamala Harris in the US presidential election.

On this episode

Donald Trump has decisively defeated Kamala Harris in the US presidential election. What does his return to the White House mean for America and the world? 

Bronwen Maddox is joined by Edward Luce, the FT’s North America editor, Gerald Seib, the former Washington bureau chief of The Wall Street Journal and Leslie Vinjamuri, the head of our US and Americas programme.

About Independent Thinking

Independent Thinking is a weekly international affairs podcast hosted by our director Bronwen Maddox, in conversation with leading policymakers, journalists, and Chatham House experts providing insight on the latest international issues.

More ways to listen: Apple Podcasts, Spotify.

Trump and his growing number of European allies threaten the European project Expert comment LToremark 8 November 2024

With Trump in the White House, a key challenge for Europe will be the growing transatlantic illiberal ties which risk undermining European unity.

As the US presidential election result became clear, European leaders followed a similar formula when congratulating President-elect Trump. They offered their congratulations, mentioned previous good working relations with the US (special points for a nod to long-standing relations), and – most importantly – emphasized the need for this to continue for the benefit of the citizens of both their country and the US.

The formula was a telling sign of the political bartering most European heads of state expect with Trump back in the White House. The exception, of course, were Trump’s European allies who were simply ecstatic.

Transatlantic illiberalism

Trump’s growing number of European allies and the increase of illiberalism and populism is perhaps the most worrying development for Europe. In 2016, some of Trump’s counterparts in Europe were Angela Merkel in Germany, Emmanuel Macron in France, Mark Rutte in the Netherlands, and Giuseppe Conte in Italy. Regardless of their record, they were moderates.

The picture looks very different today. Anti-war extremist parties Alternative for Germany and the Sahra Wagenknecht Alliance are on the rise in Germany. In France, pro-Russia Marine le Pen has been able to reduce support for Ukraine from €3 billion to €2 billion in the draft French budget. In the Netherlands, the far-right Freedom Party is the biggest coalition partner. In Italy, Prime Minister Georgia Meloni hails from a neo-fascist party. Hungarian Prime Minister Viktor Orbán’s populist and illiberal playbook is being replicated across Europe. 

Meanwhile in Poland, moderate prime minister, Donald Tusk, is experiencing the difficulties of reversing damage done by the previous populist government.

What European populist leaders have in common is a deep-seated scepticism of the EU and a desire to erode it from within. And many of these leaders also welcome the return of Trump.

It is no coincidence that Orbán scheduled the European Political Community Summit, hosted by Hungary, to take place just days after the US election. The Trump win was an added bonus. This meant European heads of state travelled to Budapest for the summit still reeling from – or rejoicing at – the election result. 

Orbán would like to position himself as Trump’s man in Europe. He has spent the past four years building ties with the president-elect and the MAGA wing of the Republican party. Trump even namechecked Orbán – a Eurosceptic Putin-supporter – during the presidential debate.

Italy’s Meloni, meanwhile, has so far worked with EU institutions and NATO rather than against them: she has supported EU and NATO resolutions for Ukraine and demonstrated opposition to Russia. But this may have been a strategic calculation. She likely looked at her country’s balance sheet and realized she needed the European Commission’s COVID-19 recovery funds. 

But with the fund coming to an end and given her history of Euroscepticism and pro-Russian views, the transatlantic illiberal ties mean she may now feel emboldened to revise her positions. She is already deploying the illiberal playbook domestically.

Policy implications for Europe of a second Trump term 

Despite some ideological similarities, Trump’s policies will not be good for his European allies. He has threatened to impose 10 to 20 per cent tariffs on all EU imports. For Italy and the Netherlands, the second and fifth largest EU exporters to the US, this would have direct negative impacts on their economies.

Increased tariffs on Chinese goods – Trump has threatened up to 60 per cent – would also have an impact on Europe’s economies. Rerouting of Chinese goods could see China dump overproduction in Europe, one of the few remaining relatively open markets, and make European products compete with cheaper Chinese goods in Europe and on the global market. 

Neither of these developments are positive for export-led European countries. In France, the EU’s fourth largest exporter to the US, Marine le Pen – previously a strong supporter of Trump – had a notably muted response to his victory due to concerns over a trade war.

Even European leaders who might have hoped for a different election outcome may seek to hedge their bets. There are two things that are clear about Trump: he is unpredictable and transactional. 

It is quite possible that some European states, in particular frontline states with genuine fears over Russia’s imperialist ambitions, will seek to buy Trump’s support through bilateral arms deals – despite their distaste for Trump’s position vis-à-vis Russia. These countries already have some of the highest defence spending in NATO, with Poland, Estonia and Latvia leading the way, so this will not irk Trump – arms deals would simply be an additional insurance premium.

Countries rushing to make bilateral deals with the US risks a similar uncoordinated race for American arms deals as during Trump’s first term. This would in turn undermine much-needed European defence industrial cooperation efforts. As the need to reduce dependencies on third countries – even for defence equipment from historically close allies – has become increasingly clear, this would be a problematic development.

The silver lining may be that it could galvanize the UK and the EU just enough to take action on UK-EU security and defence cooperation, of which the defence industrial piece is the most essential.

Europe disunited

The transatlantic link between populist, illiberal leaders should be a concern. Trump is no longer isolated in Europe, he is rapidly accumulating allies among European heads of state. These leaders agree on the perceived existential threat posed by migration, the need for so-called ‘traditional family values’ and ‘anti-wokeism’. But beyond that, they share and want to advance an illiberal view of the world, with ramifications from security and global trade to human rights – and directly threatening the European project.

Can Trump do a deal with Putin on Ukraine? Expert comment jon.wallace 12 November 2024

The Kremlin is signalling that it is ready to talk to the incoming US administration. But Trump may find Russia’s terms make him look unacceptably weak.

The nervousness of Ukrainian leadership is understandable. Since Donald Trump’s re-election, Russian President Vladimir Putin has lost no time in preparing the ground for a direct discussion between the US and Russia about the terms for peace in Ukraine – although reports at the weekend that Trump has recently spoken to Putin by phone were swiftly denied by the Kremlin.

Ukrainian President Volodymyr Zelenskyy has made determined efforts in recent months to persuade Trump that Ukraine’s future is worth fighting for. But there is no sign that his messages have brought about a change of heart. 

Trump appears to have no sympathy for Ukraine and no interest in the country – beyond preventing further US commitments to its defence. (Since February 2022, the US has provided $175 billion of economic and military aid to Kyiv, around 7 per cent of total allocated defence spending during that time).

Trump clearly regards Ukraine as an opportunity to demonstrate his power to US voters. If he can bring Putin to the table and end a war that in his view serves no purpose for the American people, it will also boost his claim that he can prevent World War 3.

Seen from Kyiv, the power relationship works in reverse. Putin is drawing Trump – said to be susceptible to flattery – into a negotiation to resolve an issue of great personal importance to him. The Russian president knows the issues in intimate detail, whereas Zelenskyy has genuine reason to fear that Trump might agree to terms whose consequences he does not fully understand.

Putin’s objectives

Putin has not deviated from his goals stated at the start of the full-scale invasion. These are the demilitarization of Ukraine and the replacement of Zelenskyy and his government by a leadership that accepts Moscow’s diktat (‘denazification’).

Putin’s highest priority for talks will be to ensure Ukraine’s neutrality. This will require a firm commitment that Ukraine will not join NATO in the foreseeable future. He will also seek to restrict the size of Ukrainian armed forces and prevent the stationing of foreign troops on Ukrainian territory. 

Putin will also hope to consolidate Russia’s grip on the Crimean peninsula by winning recognition of his annexation of Ukrainian territory. He will likely demand control of those parts of Donetsk and Luhansk Regions not yet occupied by Russian forces, perhaps trading occupied territories in Kherson and Zaporizhzhia for Ukrainian-held territory in Russia’s Kursk Region.

Lastly, Putin will want sanctions relief. The Russian economy has managed to adapt to US sanctions and reduce their effect, but they are a significant burden on the country’s development. 

The loss of access to Western technology and equipment has halted several major industrial products. If sanctions remain in place, such effects will become more pronounced.

Trump might readily agree to these terms. But to do so without evidence of reciprocal flexibility by Putin will expose him to accusations of naivety and weakness as a negotiator. 

Trump could easily brush aside claims that he was outsmarted by Putin. But a charge that he was a weak negotiator would offend his vanity and damage his image in the view of Chinese policymakers – who will be watching closely. 

It is fair to assume that Trump will want to avoid this perception since he has worked hard to create the impression that China, Iran and others should continue to fear him in his second term.

Putin may therefore need to offer the US a sufficiently large incentive – an outcome that will allow both Washington and Moscow to claim an advantageous agreement. It is not clear what Putin could propose that would be affordable to him and satisfy Trump’s America First agenda. 

Ukrainian hopes

Shortly before the election, Trump spoke of the need to ‘un-unite’ Russia and China. The idea that Putin could help Washington by turning away from China is fantastical.

The relationship between Beijing and Moscow is far more complex than it appears on the surface. But the two share the common strategic goal of reducing the global influence of the US and its allies and have established much deeper relations since Trump left office in 2020.

It is also hard to see a new arms control proposal coming from Moscow that would interest Trump. The hope in Kyiv is that Trump will quickly recognize that the deal he would like to strike will not materialize because the underlying and connected issues – such as Russia–China relations – are more complex than he imagines. 

The one consolation for Ukrainians is that the Kremlin was disappointed by Trump during his first term, since despite his friendly signals no major results were achieved. The Trump administration supplied anti-tank weapons to Ukraine and fiercely opposed the building of the Nord Stream 2 gas pipeline connecting Russia and Germany.

Who Trump listens to

While Trump’s approach to negotiating with Moscow is likely to be highly personal and idiosyncratic, the preparation of talks will depend heavily on those he appoints to key positions. At this stage, it is unclear who in the new administration will be responsible for coordinating Russia policy and to what extent they might challenge Trump’s thinking.

Deplatforming Trump puts big tech under fresh scrutiny Expert comment NCapeling 22 January 2021

The response of digital platforms to the US Capitol riots raises questions about online content governance. The EU and UK are starting to come up with answers.

The ‘deplatforming’ of Donald Trump – including Twitter’s announcement that it has permanently banned him due to ‘the risk of further incitement of violence’ after the riots in the US – shows once more not only the sheer power of online platforms but also the lack of a coherent and consistent framework for online content governance.

Taking the megaphone away from Trump during the Capitol riots seems sensible, but was it necessary or proportionate to ban him from the platform permanently? Or consistent with the treatment of other ‘strongmen’ world leaders such as Modi, Duterte and Ayatollah Ali Khamenei who have overseen nationalistic violence but whose accounts remain intact?

Such complex decisions on online expression should not made unilaterally by powerful and unregulated tech actors, but instead should be subject to democratic oversight and grounded in the obligations of states and responsibilities of companies under international human rights law.

The speed and scale of digital information has left governments across the world struggling with how to tackle online harms such as hate speech, extremist content and disinformation since the emergence of mass social media 15 years ago.

The US’s hallowed approach to the First Amendment, under which speech on public issues – even hate speech – occupies the highest rank and is entitled to special protection, has contributed to a reluctance to regulate Silicon Valley’s digital platforms. But the irony is that by not regulating them, the government harmed freedom of expression by leaving complex speech decisions in the hands of private actors.

Meanwhile at the other extreme is the growing number of illiberal and authoritarian governments using a combination of vague laws, censorship, propaganda, and internet blackouts to severely restrict online freedom of expression, control the narrative and, in some cases, incite atrocities.

Regulation is on the way

The happy medium – flexible online content regulation providing clarity, predictability, transparency, and accountability – has until now been elusive. But even before the deplatforming of Trump, 2021 was set to be the year when this approach finally gained some traction, at least in Europe.

The EU’s recently-published draft Digital Services Act puts obligations on dominant social media platforms to manage ‘systemic risks’, for example through requirements for greater transparency about their content decisions, algorithms used for recommendations, and online advertising systems.

The UK will shortly publish its Online Safety Bill, which will establish a new regulatory framework for tackling online harms, including the imposition of a duty of care and codes of conduct on Big Tech, to be overseen by an independent regulator (Ofcom).

Both proposals are based on a ‘co-regulatory’ model under which the regulator sets out a framework substantiated with rules by the private sector, with the regulator performing a monitoring function to ensure the rules are complied with.

Both also draw on international human rights standards and the work of civil society in applying these standards in relation to the online public square, with the aim of increasing control for users over what they see online, requiring transparency about tech companies’ policies in a number of areas, and strengthening the accountability of platforms when they fall foul of the regulation.

The procedure for both proposals has also been inclusive, involving extensive multi-stakeholder consultations with civil society organizations and Big Tech, and the proposals will be subject to scrutiny in 2021, notably from the EU and UK parliaments.

Both proposals are at an early stage, and it remains to be seen whether they go far enough – or indeed will have a chilling effect on online platforms. But as an attempt to initiate a dialogue on globally coherent principles, they are positive first steps. They also provide food for thought for the new Joe Biden administration in the US as it turns its attention to the regulation of Big Tech.

For some time civil society – most prominently David Kaye, the former UN Special Rapporteur on freedom of expression and opinion – have called for content regulation to be informed by universal international human rights law standards.

The EU and UK are peculiarly well-placed to take the lead in this area because European countries have for decades been on the receiving end of judgments from the European Court of Human Rights on the appropriate limits to freedom of expression in cases brought under the European Convention on Human Rights.

In deciding these cases, the court has to balance the right to freedom of expression against the restrictions imposed – for example in the context of incitement to violence, political debate, and satire. Deciding where to draw the line on what can and cannot be expressed in a civilised society which prizes freedom of expression is inevitably a difficult exercise.

International human rights law provides a methodology that inquires whether the interference to freedom of expression was prescribed by law and pursues a legitimate aim, and also whether it was necessary in a democratic society to achieve those aims – including whether the interference was necessary and proportionate (as for example in Delfi AS v Estonia, which involved a news portal failing to take down unlawful hate speech).

To be effective, online content regulation has to bite on tech companies, which is a challenge given the internet is global but domestic law normally applies territorially. The EU’s proposals have an extraterritorial element as they apply to any online platforms providing services in the EU regardless of where the platform is headquartered.

Further, both the EU and UK want to give the regulator strong enforcement powers – it is proposed for example that Ofcom will have powers to fine platforms up to ten per cent of their turnover for breaches.

Although the proposals would not apply directly to the deplatforming of Trump which occurred in the US, the philosophy behind the EU and UK approach is likely to have an impact beyond European shores in promoting a co-regulatory model that some of the bigger tech companies have been inviting for some time, reluctant as they are to ‘play God’ on content moderation decisions without reference to any regulatory framework.

In the absence of regulation, the standards of tech platforms such as Facebook and Twitter have already evolved over time in response to pressure from civil rights groups, users, and advertisers, including updated policies on protecting civic conversation and hate speech.

Facebook has also set up an independent Oversight Board, whose members include leading human rights lawyers, to review decisions on content including – at its own request – the decision to indefinitely suspend Trump from Facebook and Instagram. Decisions on the Board’s first tranche of cases are expected imminently.

Gatekeeper status is key

Online content regulation also needs to address the role of Big Tech as the ‘digital gatekeepers’, because their monopoly power extends not just to editorial control of the news and information we consume, but also to market access.

The decision of Apple, Google, and Amazon to stop hosting right-wing social network Parler after it refused to combat calls for violence during the US Capitol riots was understandable in the circumstances, but also underlined the unilateral ability of Big Tech to decide the rules of the market.

Again, it is Europe where efforts are underway to tackle this issue: the EU’s draft Digital Market Act imposes obligations on online gatekeepers to avoid certain unfair practices, and the UK’s new Digital Markets Unit will have powers to write and enforce a new code of practice on those technology companies with ‘substantial and enduring’ market power.

In the US, Biden’s team will be following these developments with interest, given the growing bipartisan support for strengthening US antitrust rules and reviving antitrust enforcement. The EU’s recently published proposals for an EU-US tech agenda include a transatlantic dialogue on the responsibility of tech platforms and strengthened cooperation between antitrust authorities on digital markets.

Ultimately a consistent – and global – approach to online content is needed instead of fragmented approaches by different companies and governments. It is also important the framework is flexible so that it is capable of applying not only to major democracies but also to countries where too often sweeping state regulation has been used as a pretext to curtail online expression online.

The pursuit of a pluralistic framework tailored to different political and cultural contexts is challenging, and international human rights law cannot provide all the answers but, as a universal framework, it is a good place to start. The raft of regulatory measures from the EU and UK means that, regardless of whether Trump regains his online megaphone, 2021 is set to be a year of reckoning for Big Tech.

Facebook's power under scrutiny as Trump ban upheld Expert comment NCapeling 6 May 2021

Keeping Donald Trump’s Facebook ban in place shows the vast power social media platforms hold, raising questions of whether that power is appropriately used.

Kate Jones

From a human rights perspective, the Oversight Board’s decision is a strong one, and not at all surprising. The board decided Facebook was right to suspend the former president’s access to post content on Facebook and Instagram, but not indefinitely.

It found Donald Trump’s posts violated Facebook’s community standards because they amounted to praise or support of people engaged in violence and that, applying a human rights assessment, Facebook’s suspension of Trump was a necessary and proportionate restriction of his right to freedom of expression.

However the board also found Trump’s indefinite suspension was neither in conformity with a clear Facebook procedure nor consistent with its commitment to respect human rights. Its decision requires Facebook to make a new decision on the future of Donald Trump’s account, grounded in its rules.

While opinions on this result will differ, the increased call for clear and accessible rules and respect for human rights in their implementation that the Oversight Board brings to Facebook’s operations is welcome.

But the Oversight Board’s powers are limited to content moderation – Facebook declined to answer the board’s questions about amplification of Trump’s posts through the platform’s design decisions and algorithms. This limitation on the board’s role should be lifted. It is in content amplification, not just content moderation, that Facebook should face scrutiny and accountability for the sake of the human rights of its users.

Fundamentally, human rights is not a veneer which can mask or legitimize underlying power dynamics or public policy – those still fall to be assessed for themselves.

The Trump/Facebook saga does highlight the vast power Facebook and other major social media platforms have over political discussion and persuasion. Through granting or denying, or through amplifying or quietening the voices of political figures, Facebook has the power to shape politics, electorates, and democratic processes. Improving content moderation through the Oversight Board, although important, does little to constrain that power.

Facebook itself, unlike a government, has no accountability to the general public, and the Oversight Board must not distract us from the need for a full conversation about the extent to which Facebook’s power is appropriately held and properly wielded.

Emily Taylor

This decision marks a coming of age for Facebook’s content moderation process. For years, decisions to take down content or ban users have been opaque, conducted by a human workforce that Facebook and other platforms have been hesitant to acknowledge. The platforms have also been worried that being seen to exercise an editorial function might put at risk the legal protections which prevent the platforms being held responsible for user-generated content.

When the Oversight Board was first posited, observers questioned whether a body funded by Facebook could properly exercise a legitimate appeals function. Now there is a reasoned decision which partly supports the decision to de-platform a serving president, but also takes issue with the indefinite nature of the ban.

Facebook specifically asked the Oversight Board to consider specific challenges involved when the person involved is a political leader. The board concluded that Trump’s ‘status as head of state with a high position of trust not only imbued his words with greater force and credibility but also created risks that his followers would understand they could act with impunity’. The storming of the US Capitol and role President Trump played in stirring up the violence underlined that political leaders’ words can motivate others to take harmful actions.

Just as the events of January 6 remain shocking, it remains shocking that private platforms have exercised the power to curb the speech of a US president. It also remains shocking that the platforms sat back and took no action over the previous four years, but waited until the final days of the transition.

The board’s decision is an evolution in private-sector content moderation, with a diverse board giving a reasoned opinion on a Facebook decision. But to fully comply with the principles of open justice, board decisions should include more detail on the individuals who have made the decision – at present, it appears all members of the board review the decision but it is not clear which individuals were involved in its drafting, or that they were clear from conflicts. If the process is to gain respect as a truly independent oversight on the platform’s decisions, greater transparency over the identity of decision-makers will be needed.

Mark Zuckerberg expressed concern about Facebook becoming an arbiter of truth or free speech and, overall, the difficulty of having private companies managing the application of fundamental rights on their platforms has not been solved. Just because companies have the financial resources to do it, does not mean they necessarily should.

Yet no other international governance or arbitration system has emerged to handle the complexities of platform power over speech. In the context of that vacuum, the Oversight Board’s decision is a welcome step.

Undercurrents: The Oversight Board's Trump decision, and Merkel's legacy Audio bhorton.drupal 25 June 2021

Was Facebook right to suspend Trump? And how will Merkel be remembered?

In the wake of the storming of Capitol Hill on 6 January 2021, social media platforms took steps to remove former President Donald Trump from their websites for infringing community standards. This step was welcomed by many, but also raised serious questions about the power of social media companies to limit free speech and censor elected officials. The suspension of President Trump from Facebook was referred to the Oversight Board, an independent body of experts set up to scrutinise the platform’s content moderation decisions.  

In this episode, Ben speaks to Thomas Hughes and Kate Jones about the outcome of the Oversight Board’s inquiry into the Trump suspension, and the wider implications for content moderation on social media.  

Then Lara is joined by Hans Kundnani to assess the political outlook in Germany and reflect on the legacy of outgoing Chancellor Angela Merkel.  

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