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Elon Musk Says He Will Reinstate Trump on Twitter

by SITKI KOVALI 20 Nov 2022
written by SITKI KOVALI

Elon Musk said on Twitter on Saturday that he would reinstate former President Donald J. Trump to the platform, in his latest shake-up of the social media service.

Mr. Musk, who bought Twitter for $44 billion last month, had run a poll on the platform starting late Friday afternoon about whether to allow Mr. Trump back onto the service. Twitter had barred Mr. Trump after the riot on Jan. 6, 2021, at the U.S. Capitol, saying his posts had the risk of inciting violence.

More than 15 million people voted in Mr. Musk’s poll about whether to reinstate Mr. Trump, Mr. Musk said in his tweet, with nearly 52 percent saying the former president should be allowed to return.

“The people have spoken,” Mr. Musk said on Twitter. “Trump will be reinstated.” He added the Latin phrase “Vox Populi, Vox Dei,” which roughly means that the voice of the people is the voice of God.

It’s unclear whether Mr. Musk will follow through with returning Mr. Trump to the service. Mr. Musk and Twitter did not immediately return requests for comment.

A self-described “free speech absolutist,” Mr. Musk had hit pause on changing the content rules around Twitter after he took over the company. Late last month, he said that the company would form a content moderation council to handle major content decisions on the platform and that he would not make any moves on account reinstatements “before that council convenes.”

At the time, the announcement appeared to be a step back from his position that Twitter should be an anything-goes platform.

When Mr. Musk completed his buyout of Twitter last month, Mr. Trump — who has gone on to start his own social network, Truth Social — declared himself “very happy that Twitter is now in sane hands.” In a post on Truth Social at the time, Mr. Trump added that he was glad Twitter “will no longer be run by Radical Left Lunatics and Maniacs that truly hate our country.”

Mr. Musk had said in May that he would reverse the permanent ban of Mr. Trump on Twitter and let him back on the social network. Mr. Musk had added that the decision to bar Mr. Trump was “a mistake because it alienated a large part of the country and did not ultimately result in Donald Trump not having a voice.” He added that it was “morally wrong and flat-out stupid” and that “permanent bans just fundamentally undermine trust in Twitter.”

Alex Stamos, the director of the Stanford Internet Observatory, said it was “odd” that Mr. Musk, who has spent months complaining about Twitter’s problem with bot accounts, would use a Twitter poll in which bots could be voting to decide the issue and then assume that the result “reflects some kind of legitimate ‘voice of the people.’”

“It is definitely possible for small groups to create large numbers of accounts to manipulate features like polls,” he added.

20 Nov 2022 0 comment
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Adele Returns to the Stage in Las Vegas, Resolute and Reflective

by SITKI KOVALI 19 Nov 2022
written by SITKI KOVALI

LAS VEGAS — Adele has become a titanically successful superstar by presenting herself as something of an oxymoron: a relatable diva.

In one breath, the 34-year-old British musician will bellow a gale-force note that could shake a building’s foundation; in the next, she’ll mutter a colorful swear in her Tottenham accent. Her nails are always immaculately manicured, and she’s usually waving them around to self-deprecatingly swat away something goofy she’s just said.

To be a diva is to maintain a certain aura of unapproachability. Adele maintains a degree of remove around her personal life, especially between albums, but her public persona and her relationship with her fans are also predicated on the idea that she is someone with whom you could share a glass, or perhaps more accurately a bottle, of wine.

So there was cognitive dissonance when, in January, Adele canceled her much-publicized Las Vegas residency just 24 hours before opening night. Some ticket holders had already traveled there; others had booked flights and hotels around upcoming shows. The set and production design were not up to her standards, Adele told fans in a tearful Instagram video, placing some blame on pandemic delays. This was diva behavior, perhaps, hardly of the down-to-earth variety people have come to expect from Adele. But, in an August interview, she said it was still the right decision: “The stage setup wasn’t right. It was very disconnected from me and my band, and it lacked intimacy.” She called the debacle “the worst moment in my career, by far.”

On Friday night, almost a year belatedly, Adele took the Colosseum stage at Caesars Palace, reintroducing herself with a thundering rendition of — what else?— “Hello.” “It looks just like what I imagined it would look like, and it’s perfect,” she said, tearing up for what would be the first of several times throughout the two-hour show. “I’m so scared and I’m so nervous,” she added, “but I’m so happy.”

Adele’s stage is breathtaking, full of drama and elegance befitting her voice: Flanked by two tall panels that formed the shape of an “A,” it contracted for moments of unshowy minimalism, and then instantly exploded with Vegas spectacle. She emerged for the opening number accompanied solely by a white grand piano and her longtime pianist, Eric Wortham II. But when she belted out the first chorus, the full IMAX-like panorama of the space suddenly became illuminated with floor-to-ceiling video monitors capturing Adele in close-up. An awed audience roared.

“It might be a bit wobbly tonight, because me nerves are out of control,” Adele, in a floor-length black gown, warned the audience. That was most apparent on “Hello” and the next song, her 2021 hit “Easy on Me,” when she relied a bit too heavily on encouraging the crowd to sing her lyrics back to her. (She last toured in 2016 and 2017, in support of her 2015 album, “25.”) She settled in during the next pair of songs, the torchy, fan-favorite piano ballads “Turning Tables” and “Take It All.”

With the next song, her latest single “I Drink Wine,” the stage was bathed in twinkling gold and Adele’s band appeared. It gave the rest of the show an understated but dependable backbone, supporting the singer through faithful, often note-for-note renditions of her recorded fare. (At least during the songs, spontaneity was not the aim; the only time Adele flubbed a lyric — during the stirring “Hold On,” she admitted — was when she tried to get fancy with a little improvisation.)

Between numbers, she did crowd work (“Where have all you lot been?” she asked a few latecomers. “Have you been at a pool party?”), cracked expletive-laden jokes and confided some personal asides. “I feel like Celine Dion,” she said with a laugh, invoking the godmother of the Caesars Palace residency. “That’s the only reason I wanted to sing in here, was because of her.”

Dion pioneered the 21st-century Vegas pop star residency when, in 2003, she began her career-spanning four-year blockbuster, “A New Day.” But “Weekends With Adele” is a distinct evolution of the formula. Adele could have easily booked an international arena or stadium tour in support of her most recent album, “30,” which, in the United States and many other countries, was the best-selling album of 2021. Instead, she’s asking audiences to come to her, in a theater that holds about 4,000 attendees, bypassing the complications of touring in the Covid era and minimizing the disruption to her family’s life in nearby Los Angeles. (Other stars with similar gravitational pull, like Harry Styles, have been arranging their tours as a series of residencies, a model that tends to reward fans willing and able to spend top dollar on tickets and travel.)

“Weekends With Adele” never quite felt like a promotional vehicle for “30,” though. Of the 20 songs on the set list, only five were from the new album, and its most emotionally wrenching material — the devastating vocal showcase “To Be Loved,” the searingly personal “My Little Love” — were nowhere to be found. Instead, she seemed to be most fully inhabiting the material from her breakout 2011 album, “21.”

She introduced the fiery breakup ballad “Take It All” as her favorite song from that LP, while the night’s vocal highlight was a masterful rendition of the yearning “One and Only,” a mid-tempo track about devoting oneself to a true love, during which Adele seemed to be living each word. She was at her least distinct on the more upbeat songs from “25”: “Send My Love (to Your New Lover)” and “Water Under the Bridge” both got the crowd on its feet, but she still seemed unsure how to inject her own personality into such generic pop fare.

The show, Adele said, is meant to “grow” as it progresses, and its developments were beautifully paced and often stunning in their reveals. “Set Fire to the Rain” was accompanied by a quintessentially Vegas waterfall and dazzlingly elaborate pyrotechnics that involve a prop piano, and then half of the set, going up in flames, staging so gloriously over-the-top that it was giving Book of Revelations.

For “Skyfall,” her Oscar-winning theme song from the James Bond movie of the same name, a full orchestra was suddenly illuminated from a previously dark part of the stage set. Concertgoers were not discouraged from using their phones, and the stage certainly seemed designed to look good in FOMO-inducing photographs. But the space, and the show itself, also felt satisfyingly immersive in a way that didn’t translate onto a smaller screen. Here, perhaps, was that elusive intimacy that Adele had been chasing.

The most emotionally effective part of the night came near the end, when Adele performed the brassy, Streisandian slow-burner “When We Were Young.” To introduce the song, she (and a cadre of handlers) made her way through the crowd, asking a few lucky audience members about their favorite memories from their youth, and, in the process, making the case that she’d be a better-than-average Oscar host.

While she was still walking the aisles, the band began playing the song and Adele sang it gorgeously, winding through the orchestra section to wave to different parts of the crowd and, occasionally, embrace her fans. She hugged an ecstatic Adele drag queen, and, at the soaring climax of the song, paper photographs of young Adele Adkins from Tottenham fluttered like confetti from the rafters. A diva, yes. But — in the right room, and for the right ticket price — the sort you can reach out and touch.

“Weekends With Adele” continues through March 25 at the Colosseum at Caesars Palace in Las Vegas.

19 Nov 2022 0 comment
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This Designer’s ‘Historical and Significant’ Moment

by SITKI KOVALI 19 Nov 2022
written by SITKI KOVALI

In 2017, after working for the designer Vera Wang for three years, Danielle Frankel debuted her own atelier line of wedding apparel, with a focus on hand-sewn garments and a discerning eye for draping and intricate details. She quickly became a sought-after label, dressing celebrities like Zoë Kravitz, Julia Garner and Alexandra Daddario for their weddings.

Most recently, she designed the outfit that Naomi Biden, President Biden’s granddaughter, wore on Friday to her wedding rehearsal and dinner that followed. Ms. Biden is set to marry Peter Neal later today on the South Lawn of the White House.

“This is a national wedding that most Americans will see an element of on their televisions or their phones,” Ms. Frankel said. “How the White House does this wedding is going to be a global conversation. I don’t know if there will be another in my lifetime. To know I was part of that feels historical and significant.”

Over the last five years, Ms. Frankel, 33, has released six collections, established an e-commerce component, created pajamas and a line of jewelry, and collaborated on a shoe collection with Manolo Blahnik. She also expanded her studio in New York City’s garment district, taking over an entire floor.

We spoke to Ms. Frankel from her atelier about working with Ms. Biden, the process of creating her pre-wedding look and her love for handmade garments. (As always, our conversation has been edited and condensed.)

Ms. Frankel uses mannequins with the exact measurements of her clients when creating a custom look.Credit…Frankie Alduino for The New York Times
“It’s the handcrafted, tactile details that make these kinds of garments spectacular,” said Ms. Frankel who sews her designs by hand.Credit…Frankie Alduino for The New York Times

Naomi Biden’s rehearsal outfit has four distinct parts. Why make different pieces?

We wanted a transitional look since the rehearsal part is on the White House lawn and then she’s going to dinner. There is a top bustier; a tailored jacket and trouser, which are made from the same fabric; and a pleated tulle cape covered in lace flowers.

The bustier is a cotton base with staggered boning and tulle draping overlay. The cape is made of a honeycomb fabric called Malfroy, which is a French tulle that has a drapey, soft and fluid movement to it — almost like water if water was a fabric. Each flower is made using three types of lace hand appliquéd onto the tulle and then pleated so that the flower motif is caught in the pleat. The pant and jacket are made from Italian silk wool. The wonderful thing about this fabric is that it has two faces so we can use both the matte side, which reads as wool, and the shiny side that looks like silk.

It took six months to transition from sketches to Ms. Biden’s final in studio fitting on Oct. 28. Can you walk us through the process?

Once we had finalized sketches, we built out Naomi’s measurements and body on a mannequin, which is part of our custom, handmade process. We’re basically recreating that person’s figure. Then we built the foundation and the inside of the garment, incorporating boning, cups and wire. Over that we placed fabric, which was molded onto the mannequin, cut and patterned.

During the next few months, a team of people made the final garments, which included in-person fittings and adjustments. Last steps were small, but important designs elements, like covered buttons on the back of the bustier, or an added petite veil so she could practice having her future husband unveil her. I did the draping myself because I’m very specific about pleating and not making it look too perfect.

“I want guests to feel like they want to touch what we’ve created.”Credit…Frankie Alduino for The New York Times

How many people from your studio worked on the outfit?

Seven: the studio and operations manager; the pattern maker, who is responsible for the proper fit; the cutter; the sewing team, which consisted of a lace appliquéing specialist and a tacking specialist; and myself.

How is a first look, like that at a rehearsal dinner, different from the rest of the outfits a bride will wear?

The first look sets a visual tone for the wedding. And it’s the look that’s going to spark the wedding events. It’s also an introduction to the person wearing the outfit and reflects who she is. It’s an elevated moment to have fun with because you’re not doing the actual ceremony; rather it’s a rehearsal. You can play with trends more and there’s a sense of ease and comfort because you’re not sitting in your wedding dress.

And in Ms. Biden’s case?

This is a White House wedding, so there’s regard for the White House and for our country, but also for the sanctity of the wedding. We wanted to pay tribute to all of those components while still showcasing who Naomi is, respectful but sophisticated with a tinge of femininity.

She’s young and cool. Wearing the cape and the tulle is reminiscent of wearing a gown but has an ethereal quality that creates something grand and a sense of importance in that moment. For the rehearsal dinner, she’ll swap out the cape for the jacket, which is a more tailored, commanding clean look. We wanted to create a different moment and shift into the evening.

How important was it for you to be a part of this experience?

It’s a historical, cultural and celebratory event to be happening at the White House that isn’t political. The White House is the closest thing we have to cultural glue that brings everybody together. To dress somebody from that family for a significant event in their life is a huge honor as a designer. And it’s bringing the wedding and fashion world together into one story, which I’m proud to be part of.

A sketch of Ms. Biden’s wedding rehearsal outfit. “The first look sets a visual tone for the wedding,” Ms. Frankel said. “It’s the look that’s going to spark the wedding events.”Credit…Danielle Frankel

As a designer, how are your aesthetics different from others?

We are ethereal but tailored. It’s the marriage of both of those qualities. I’m very silhouette driven so that means my designs are sculptural. I’m inspired by architecture, pottery, and 3-D art. I’m also a very tactile designer, so I like textures — fuzzy, pokey, prickly.

You’re happy when you touch something foreign and visually pleasing. That causes an emotion in people, and I like to stimulate that. When you’re looking at what we did for Naomi it’s very visual. I want guests to feel like they want to touch what we’ve created. That’s part of the tactile experience. I’m not creating just for the bride but for the guests as well.

Handmade garments are considered a dying art. Why do you still specialize in them?

We still believe in the art, technique, quality, and the visual fit an artisanal brand like ours creates. It’s the handcrafted, tactile details that make these kinds of garments spectacular. Offering a mix of handmade, hand-sewn, and machine-sewn garments creates a more elevated product. If not, the garment tends to have a flatness.

19 Nov 2022 0 comment
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Leg Booty? Panoramic? Seggs? How TikTok Is Changing Language

by SITKI KOVALI 19 Nov 2022
written by SITKI KOVALI

To hear some people on TikTok tell it, we’ve spent years in a “panoramic.” Or perhaps it was a “panini press.” Some are in the “leg booty” community and stand firmly against “cornucopia.”

If it all sounds like a foreign language to you, that’s because it kind of is.

TikTok creators have gotten into the habit of coming up with substitutes for words that they worry might either affect how their videos get promoted on the site or run afoul of moderation rules.

So, back in 2021, someone describing a pandemic hobby might have believed (perhaps erroneously) that TikTok would mistakenly flag it as part of a crackdown on pandemic misinformation. So the user could have said “panoramic” or a similar-sounding word instead. Likewise, a fear that sexual topics would trigger problems prompted some creators to use “leg booty” for L.G.B.T.Q. and “cornucopia” instead of “homophobia.” Sex became “seggs.”

Critics say the need for these evasive neologisms is a sign that TikTok is too aggressive in its moderation. But the platform says a firm hand is needed in a freewheeling online community where plenty of users do try to post harmful videos.

Those who run afoul of the rules may get barred from posting. The video in question may be removed. Or it may simply be hidden from the For You page, which suggests videos to users, the main way TikToks get wide distribution. Searches and hashtags that violate policies may also be redirected, the app said.

When people on TikTok believe their videos have been suppressed from view because they touched on topics the platform doesn’t like, they call it “shadow banning,” a term that also has had currency on Twitter and other social platforms. It is not an official term used by social platforms, and TikTok has not confirmed that it even exists.

The new vocabulary is sometimes called algospeak.

It’s not unique to TikTok, but it is a way that creators imagine they can get around moderation rules by misspelling, replacing or finding new ways of signifying words that might otherwise be red flags leading to delays in posting. The words could be made up, like “unalive” for “dead” or “kill.” Or they could involve novel spellings — le$bian with a dollar sign, for example, which TikTok’s text-to-speech feature pronounces “le dollar bean.”

In some cases, the users may be just having fun, rather than worrying about having their videos removed.

A TikTok spokeswoman suggested users may be overreacting. She pointed out that there were “many popular videos that feature sex,” sending links that included a stand-up set from Comedy Central’s page and videos for parents about how to talk about sex with children.

Here’s how the moderation system works.

The app’s two-tier content moderation process is a sweeping net that tries to catch all references that are violent, hateful or sexually explicit, or that spread misinformation. Videos are scanned for violations, and users can flag them. Those that are found in violation are either automatically removed or are referred for review by a human moderator. Some 113 million videos were taken down from April to June of this year, 48 million of which were removed by automation, the company said.

While much of the content removed has to do with violence, illegal activities or nudity, many violations of language rules seem to dwell in a gray area.

Kahlil Greene, who is known on TikTok as the Gen Z historian, said he had to alter a quote from the Rev. Dr. Martin Luther King Jr.’s “Letter From Birmingham Jail” in a video about people whitewashing King’s legacy. So he wrote the phrase Ku Klux Klanner as “Ku K1ux K1ann3r,” and spelled “white moderate” as “wh1t3 moderate.”

In part because of frustrations with TikTok, Mr. Greene started posting his videos on Instagram.

“I can’t even quote Martin Luther King Jr. without having to take so many precautions,” he said, adding that it was “very common” for TikTok to flag or take down an educational video about racism or Black history, wasting the research, scripting time and other work he has done.

And the possibility of an outright ban is “a huge anxiety,” he said. “I am a full-time content creator, so I make money from the platform.”

Mr. Greene says he earns money from brand deals, donations and speaking gigs that come from his social media following.

Alessandro Bogliari, the chief executive of the Influencer Marketing Factory, said the moderation systems are clever but can make mistakes, which is why many of the influencers his company hires for marketing campaigns use algospeak.

Months ago, the company, which helps brands engage with younger users on social media, used a trending song in Spanish in a video that included a profane word, and a measurable decrease in views led Mr. Bogliari’s team to believe it had been shadow-banned. “It’s always difficult to prove,” he said, adding that he could not rule out that the overall audience was down or the video was simply not interesting enough.

TikTok’s guidelines do not list prohibited words, but some things are consistent enough that creators know to avoid them, and many share lists of words that have triggered the system. So they refer to nipples as “nip nops” and sex workers as “accountants.” Sexual assault is simply “S.A.” And when Roe v. Wade was overturned, many started referring to getting an abortion as “camping.” TikTok said the topic of abortion was not prohibited on the app, but that the app would remove medical misinformation and community guidelines violations.

Some creators say TikTok is unnecessarily harsh with content about gender, sexuality and race.

In April, the TikTok account for the advocacy group Human Rights Campaign posted a video stating that it had been banned temporarily from posting after using the word “gay” in a comment. The ban was reversed quickly and the comment was reposted. TikTok called this an error by a moderator who did not carefully review the comment after another user reported it.

“We are proud that L.G.B.T.Q.+ community members choose to create and share on TikTok, and our policies seek to protect and empower these voices on our platform,” a TikTok representative said at the time.

Nevertheless, Griffin Maxwell Brooks, a creator and Princeton University student, has noticed videos with profanity or “markers of the L.G.B.T.Q.+ community” being flagged.

When Mx. Brooks writes closed captions for videos, they said they typically substitute profanity with “words that are phonetically similar.” Fruit emojis stand in for words like “gay” or “queer.”

“It’s really frustrating because the censorship seems to vary,” they said, and has seemed to disproportionately affect queer communities and people of color.

Will these words end up sticking around?

Probably not most of them, experts say.

As soon as older people start using online slang popularized by young people on TikTok, the terms “become obsolete,” said Nicole Holliday, an assistant professor of linguistics at Pomona College. “Once the parents have it, you have to move on to something else.”

The degree to which social media can change language is often overstated, she said. Most English speakers don’t use TikTok, and those who do may not pay much attention to the neologisms.

And just like everyone else, young people are adept at “code switching,” meaning they using different language depending on who they’re with and the situations they find themselves in, Professor Holliday added. “I teach 20-year-olds — they’re not coming to class and saying ‘legs and booty.’”

But then again, she said, few could have predicted the endurance of the slang word “cool” as a marker for all things generally good or fashionable. Researchers say it emerged nearly a century ago in the 1930s jazz scene, retreated from time to time over the decades, but kept coming back.

Now, she said, “everybody that’s an English speaker has that word.” And that’s pretty cool.

19 Nov 2022 0 comment
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Wall St. Brokers Look to Buy Rights to Assets Trapped on FTX

by SITKI KOVALI 19 Nov 2022
written by SITKI KOVALI

Wall Street brokers are circling the ruins of FTX, offering to pay the crypto exchange’s customers pennies on the dollar for the bankruptcy rights to their trapped cash and cryptocurrency on the platform, before looking to sell those rights to specialist hedge funds.

The investment bank Jefferies and the brokers Seaport Global and BTIG are among a number of Wall Street firms trying to assess the potential value of the trapped assets, according to people — two for each firm — with direct knowledge of their plans.

Given the complex nature of the bankruptcy process, it could be years before any of FTX’s customers recover their funds, and they’re likely to receive only a small fraction of what they deposited. So the financial firms are competing to buy customers’ claims to those assets now at a discount and then profit when some portion of the funds are eventually turned over.

The practice is common in bankruptcy, allowing investors to get some of their money back sooner by passing on the rights to specialist firms willing to fight a legal battle in pursuit of profit.

Still, given the uncertainty of the bankruptcy process and even whether any of the FTX funds are obtainable, the going price for the claims is just a few cents on the dollar.

Seaport declined to comment. Representatives for Jefferies and BTIG did not immediately respond to requests for comment.

In the wake of FTX’s collapse, some trading has taken place on Claims Market, an online marketplace for bankruptcy claims run by Vladimir Jelisavcic at Cherokee Acquisition, a financial firm focused on bankruptcy. “We are buying claims,” Mr. Jelisavcic wrote on Twitter on Friday, offering to buy claims at 6 cents on the dollar and sell them at 10 cents.

Some specialist investors who had been offered the chance to buy claims said they were still working through the analysis required to understand if the trade was likely to be profitable.

One issue, they said, is whether assets that customers withdrew from the exchange in the days and weeks leading up to FTX’s bankruptcy filing could be recouped in the legal proceedings so that those customers would not have an advantage.

FTX filed for bankruptcy last Friday, after a run on deposits left the company with an $8 billion hole in its accounts. That has put FTX’s customers in a precarious position, with billions of dollars’ worth of assets trapped on the platform.

Before its sudden collapse, FTX was considered one of the most reliable companies in the freewheeling, loosely regulated crypto industry. It ran extensive marketing campaigns encouraging amateur investors to start buying cryptocurrency.

Now its implosion has effectively erased those people’s savings. The bankruptcy is the biggest of several financial collapses in a chastening year for the crypto industry. After a market crash this spring, two crypto lending firms, Celsius Network and Voyager Digital, filed for bankruptcy, setting off months of legal maneuvering over how their assets should be divided.

Not long before it filed for bankruptcy itself, FTX won an auction to buy Voyager’s remaining assets.

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What Is Next for the FTX Fallout?

by SITKI KOVALI 19 Nov 2022
written by SITKI KOVALI

The DealBook newsletter delves into a single topic or theme every weekend, providing reporting and analysis that offer a better understanding of an important issue in business. If you don’t already receive the daily newsletter, sign up here.

Sam Bankman-Fried’s crypto empire, FTX, was an epic mess, and the unwinding is likely to last longer than the empire itself.

Crypto companies, investors and government officials who heard policy pitches and pocketed political donations from the FTX founder, known as S.B.F., are reeling. The Ontario Teachers’ Pension Plan said on Thursday that it was writing down a $95 million investment in FTX. Coinbase, the only publicly listed crypto exchange in the United States, has seen stock and bond prices descend as the digital asset industry struggles. And crypto values, which fell dramatically over the summer, dropped further.

FTX is not your average failed company. John Ray, who handled Enron’s bankruptcy and was named chief executive of FTX when it filed for Chapter 11 protection, said that he had found very little documentation of finances and that what did exist couldn’t be trusted. He told the Bankruptcy Court that he had never seen a situation as chaotic as what he was running into at FTX.

More than 100 affiliated companies are filing for bankruptcy with FTX. A million or more creditors could line up. The situation is so dire that FTX has already said it doesn’t know who its top creditors are or where many assets can be found.

At this stage, there are many more questions than there are answers about what the reverberations of FTX’s collapse will look like. Here are three of the biggest.

Who is next?

Crypto companies are deeply intertwined — they invest in one another, buy one another’s tokens and lend tokens and capital to one another — which means the collapse of FTX could continue to topple others.

“Many trading firms will be wiped out and shut down,” the crypto venture firm Multicoin Capital told investors in a letter on Thursday, explaining that it had put too much money and trust in FTX.

The Aftermath of FTX’s Downfall

The sudden collapse of the crypto exchange has left the industry stunned.

  • A Company in Disarray: The new chief executive of FTX, who helped manage Enron after its collapse, said that he had never seen “such a complete failure of corporate control.”
  • The Scope of the Meltdown: FTX could owe money to more than one million creditors, according to the first substantial court filing since the company’s bankruptcy.
  • Investors Under Scrutiny: Venture capital firms and investment funds showered nearly $2 billion on FTX with few strings attached. Now, they are facing questions, too.
  • A Pall on a Philanthropy Movement: The fall of FTX dealt a significant blow to the “effective altruism” movement that is deeply tied to the company’s founder, Sam Bankman-Fried.

The crypto lender BlockFi, which signed a deal to be rescued by FTX when crypto prices nose-dived over the summer, paused withdrawals last week and is preparing for a possible bankruptcy. BlockFi said it had “significant exposure” to the failed exchange and FTX’s trading arm, Alameda Research.

Industry insiders expect more firms to follow.

Two restructuring advisers told DealBook that Oxygen, a decentralized finance lending and borrowing platform backed by Alameda, was on their watch lists. Oxygen’s token is OXY; its total market capitalization, which was about $395 million in January, has fallen to about $2.6 million.

Genesis Global Capital, one of the largest lenders in the crypto space, suspended withdrawals and new loans on Wednesday. Genesis, which may have lost as much as $175 million in the FTX collapse, is struggling to pay back creditors who have asked for their money back. A spokesperson for Genesis said that its nonlending businesses were operating without problems, and that it was “shoring up the necessary liquidity” it needed to operate.

Genesis is connected to many other firms. Its parent, Digital Currency Group, owns the publication CoinDesk and the investment firm Grayscale, a substantial crypto holder, among other entities.

Is S.B.F. going to prison?

“That’s the million-dollar question. Everything is on the table,” said Joe Rotunda, director of the enforcement division of the Texas State Securities Board, which began investigating FTX before its collapse.

The complexity of the international FTX empire, messy record keeping, unreliable statements and the anonymous nature of transactions on the blockchain complicate matters for investigators and prosecutors building cases.They need to do forensic audits and resolve jurisdictional issues.

“Bad investments don’t necessarily mean prison. The big one is fraud. That’s the big hammer.” Mr. Rotunda said. “Concealing or lying. Words and conduct. There’s a duty to truthfully disclose.”

Mr. Bankman-Fried also faces civil litigation from big backers and venture capitalists, who began developing strategy with lawyers before the bankruptcy (and expect to face claims themselves from their limited partners), as well as small investors.

Prosecutors will have to establish a physical tie between the company and harm in the United States for each charge — to the extent investors in the United States were defrauded, that would establish jurisdiction, Mr. Rotunda said. In Texas, the most severe securities law frauds are subject to a life term in prison, and his agency works with prosecutors to pursue those charges, just as the Department of Justice and Securities and Exchange Commission jointly prosecute and are investigating Bankman-Fried now.

“The civil suits will come before the criminal suits,” said Paul Foley, a securities law expert at the law firm Akerman. “Anyone who invested in FTX would have a lawsuit. But it’s a lot more difficult to make a criminal case than a civil case.”

Will the FTX collapse prompt more regulation?

Congressional committees and executive agencies across Washington were already investigating FTX or are calling for inquiries now. On Friday, the House Subcommittee on Economic and Consumer Policy sent a letter to FTX’s current and former chief executives requesting information on “the full scope of harm inflicted upon its investors.” It followed an August demand inquiring into transparency and fraud on crypto exchanges.

The House Financial Services Committee and the Senate Banking Committee have announced hearings on the FTX debacle, which are also likely to address new rules and pending bills. Stablecoins — cryptocurrencies ostensibly pegged to the value of a dollar — are the subject of legislation languishing in the Financial Services Committee. The bill, which would ensure that stablecoin issuers were overseen more as banks are, could get a renewed push.

The Senate Committee on Agriculture has been working on the bipartisan Digital Commodities Consumer Protection Act, which would give the Commodity Futures Trading Commission jurisdiction over cryptocurrencies deemed commodities (as opposed to securities) and require exchanges to register with the agency.

One complication is that, until recently, Mr. Bankman-Fried did a lot of lobbying in Washington and was a champion of the legislation, testifying before the committee, wielding influence behind the scenes with congressional staff and publishing a related policy statement on Twitter.

“Anything he has been pushing policywise will be reassessed,” said Lee Reiners, a financial technology expert at Duke University Law School who was formerly at the Federal Reserve Bank of New York.

Another is that S.B.F. was a major political donor, contributing around $37 million to Democratic candidates in the last election cycle. His co-chief executive, Ryan Salame, was a major Republican donor, giving more than $20 million. In all, FTX executives contributed nearly $72 million to both parties, and the company was strategically bipartisan in its lobbying and government affairs hiring.

Politicians on both sides of the aisle are regifting the funds. Senator Kirsten Gillibrand of New York, a Democrat who co-sponsored a crypto bill that S.B.F. supported, and Representative Kevin Hern, Republican of Oklahoma, are among those who said they would donate the funds to charity.

But Republicans have seized on the collapse of FTX to call the Biden administration’s policies into question. Senator Josh Hawley, Republican of Missouri said Friday that he was looking into connections between political spending and policy. He sent letters to Attorney General Merrick Garland; Gary Gensler, the chair of the S.E.C.; and Rostin Behnam, who heads the Commodity Futures Trading Commission, inquiring into correspondence about FTX and the timing of any investigations into the fallen company.

“The fact that this scheme was revealed immediately after the midterm elections raises serious questions about whether federal regulators and law enforcement faced conflicts of interest in identifying, investigating and thwarting the fraudulent scheme,” Mr. Hawley wrote.

Regardless of the politics, the collapse of FTX is likely to spur action. And some crypto companies that see regulation as key to legitimacy would welcome it.

“Concerns regulators have around conflicts of interest and segregation of activity in crypto are real,” said Jeremy Allaire, chief executive of the stablecoin issuer Circle.

Lauren Hirsch, Stephen Gandel and Joe Rennison contributed reporting.

What do you think? Let us know: dealbook@nytimes.com.

19 Nov 2022 0 comment
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How Fairfield University Ended Up With Few Low-Income Students

by SITKI KOVALI 19 Nov 2022
written by SITKI KOVALI

FAIRFIELD, Conn. — Last night, the first official basketball game at Fairfield University’s brand-new, 85,000-square-foot Leo D. Mahoney Arena took place. The building, which cost $51 million, takes pride of place in the center of campus.

Across Loyola Drive, in the suite of admission and financial aid offices in the Aloysius P. Kelley Center, the school has hit a different kind of milestone: The class of first-year students that entered in 2020 had the lowest percentage of Pell Grant recipients of any college in the United States — 7.5 percent — according to the most recent federal data.

The federal government makes Pell Grants available to students from families with the lowest incomes in the country. So the figure has become a proxy for a higher education institution’s commitment to pulling students up from the lowest rungs of the social-class ladder.

Is the Pell Grant the best metric to judge this commitment? Fairfield, a Jesuit institution whose mission includes fostering “ethical and religious values and a sense of social responsibility,” believes the measurement is “not particularly useful” or “modern.” The school refused to let administrators have an on-the-record conversation with me about it, but I did communicate by email with one vice president.

“Built upon the bedrock of a sustainable academic and economic model, we continue to work to make Fairfield more accessible to as many students as possible,” Corry Unis, who has been the school’s vice president for strategic enrollment management since 2018, said in an email.

The words “sustainable” and “economic” do offer some clues as to how the school ended up with such a low Pell figure — and to how difficult and expensive it can be to reverse this at a university with 4,757 undergraduates.

The first class of students was admitted to Fairfield in 1947. In university years, that’s fairly young. It is too young, in this instance at least, to have enough graduates who have made and donated sufficient money to the school’s endowment to meet the full financial need of every student the school accepts.

More on America’s College Campuses

  • U.S. News College Rankings: Harvard and Yale law schools are withdrawing from the influential rankings, in perhaps the biggest challenge yet to the school ratings industry.
  • Employee Strike: In one of the nation’s biggest strikes in recent years, teaching assistants, researchers and other workers across the University of California system walked off the job to demand higher pay.
  • Affirmative Action: The Supreme Court appears ready to rule that two race-conscious admissions programs were unlawful, a move that would overrule decades of precedents.
  • The Pandemic Generation: Students who experienced learning loss in high school are now starting college. Many are floundering in subjects they should have mastered.

Federal data tell some of that story. In the 2020-21 school year, first-year, full-time Fairfield undergraduates whose families had incomes of $30,000 or less paid an average “net price” of $31,018. Up the road at Trinity College in Hartford, a school with a much higher endowment per student, that figure is $8,252. At Providence College in Rhode Island, it’s $19,531.

How can families pay $31,038 to Fairfield when they earn no more than $30,000? The government defines “net price” in this instance as what families are responsible for after Pell Grants are subtracted from a school’s list price (about $70,000 at Fairfield this year, including room and board). Pell Grants amount to no more than $6,895 per student for the 2022-23 school year and go most often to families with incomes under $60,000. Any state or local government scholarships are also subtracted from the list price, as are whatever additional grants an individual school offers. A family or student covers the remaining net price with savings, income and loans.

According to recent Department of Education data, Fairfield had the lowest percentage of Pell Grant recipients of any college in the United States.Credit…Joe Buglewicz for The New York Times

James Murphy, a senior policy analyst at the advocacy group Education Reform Now, generates the Pell rankings each year and publishes the results on the organization’s website. He dove a little deeper into Fairfield’s first-year student numbers and found that its percentage of Pell recipients had dropped 44 percent over four years, to 7.5 percent in 2020-21 from 13.3 percent in 2016-17.

“How does that happen?” he asked. “Choices are being made. You have to assume it’s someone pretty high up the ladder.”

At the very beginning of a speech in September, Fairfield’s president, Mark R. Nemec, practically beat his chest with pride. “We are now the seventh most selective Catholic university,” he said. “To put this in historical perspective, with the students who arrived in the fall of 2017, we placed 50th (five zero) amongst our Catholic peers.”

Schools like Fairfield often need to offer discounts to above-average students in the form of so-called merit aid to persuade them to matriculate. These discounts may have nothing to do with financial need. According to Fairfield’s most recent data, from the 2020-21 school year, it offered 89 percent of first-year, full-time students without financial need (who came from families with household incomes usually higher than $200,000) an average of $17,881 for their freshman year.

In a news release about the most recent first-year class, the school heralded the largest applicant pool ever. The release did not give a figure for Pell Grant recipients, though it did note that “numbers of first-generation students and students representing diverse populations” increased from the previous year.

President Nemec noted in his speech that “selectivity is not an end for us.” But it can create a kind of virtuous domino effect, and Fairfield is far from alone in using increased selectivity as a tactic to boost its standing and branding.

If all goes according to the playbook, better students will want to be with better students; rising selectivity will cause applications to increase without Fairfield having to spend ever more money on recruiting; more people will be willing to pay the list price to live and study there; donations will rise; and then there will be more money to recruit and support low-income students. It could work, but it would take many years.

Another possibility, however, is stagnant or declining percentages of Pell Grant recipients; low-income applicants wondering whether they may get a better deal elsewhere; and current students wondering how much the institution cares for people who are historically underrepresented. Fairfield did itself no favors this year when the administration ordered its mental-health counseling center to remove a “Black Lives Matter” banner from its window.

Eden Marchese, a senior who has worked in the admissions office and who is the director of diversity and inclusion for the Fairfield University Student Association, was not surprised by the school’s low Pell figure. Mx. Marchese was quick to note that there were college employees doing incredible work. Still, Mx. Marchese would offer qualified advice to prospective students considering the school.

“If you want to be a trailblazer, there is so much room for you to find yourself here,” Mx. Marchese said. “But there are also other places that can make you feel safer and can make you feel like you belong there. The senses of belonging here for me have been so few and far between, and it’s heartbreaking.”

The first class of students was admitted to Fairfield in 1947. In university years, that’s fairly young.Credit…Joe Buglewicz for The New York Times

The school told me, via email, that it did measure “belonging” through “retention, success and student satisfaction and engagement surveys.” I asked to see the results from Pell Grant recipients on satisfaction and engagement, but the school would not give them to me.

“As a first-generation Pell recipient and someone who identifies as coming from a diverse background, the university has been nothing but welcoming,” Mr. Unis, the enrollment vice president, said in an email.

Next year, the school plans to open Fairfield Bellarmine, in nearby Bridgeport. There, up to 100 “traditionally underrepresented” students will pursue two-year degrees in a program grounded in the liberal arts. Fairfield has a new full-tuition scholarship program at the main campus, too. This is a start.

Fairfield’s biggest challenge may be financial. It could spend more to recruit higher numbers of lower-income students and then discount tuition enough for the education to be affordable.

That could require budget cuts elsewhere, though, say from the dining hall or dorm remodeling. If you do that enough, higher-income families who already subsidize tuition for lower-income students may never even apply.

Make no mistake, this is a business, and the choices Fairfield faces are similar to ones that hundreds of other schools must make. College-shopping families and students could prioritize diversity over new buildings and amenities if they wanted to, but schools worry that most of them — most of us — do not and never will.

Wealthy alumni have choices to make, too. The lead gift on the new arena came from Shelagh Mahoney-McNamee, who is also a board member. She did not respond to several messages seeking comment on how she allocates her giving or whether she had considered other philanthropic options aside from the arena. She could consider them.

Fairfield has no shortage of people with expertise on Catholic teachings. Most of them did not reply to my inquiries about the godliness of a low Pell number. But Paul Lakeland, a professor and founding director of the school’s Center for Catholic Studies, was willing to weigh in.

He noted that the school “desperately” needed an arena of some sort. Then, he continued.

“You measure the common good of any community by the degree to which it prioritizes the needs of the least fortunate members,” he said. “A healthy community is one where the least fortunate are given the greatest attention.”

19 Nov 2022 0 comment
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technology

Elizabeth Holmes Is Sentenced to More Than 11 Years for Fraud

by SITKI KOVALI 19 Nov 2022
written by SITKI KOVALI

SAN JOSE, Calif. — Elizabeth Holmes, the founder of the failed blood testing start-up Theranos, was sentenced to more than 11 years in prison on Friday for defrauding investors about her company’s technology and business dealings.

The sentence capped a yearslong saga that has captivated the public and ignited debates about Silicon Valley’s culture of hype and exaggeration. Ms. Holmes, who raised $945 million for Theranos and promised that the start-up would revolutionize health care with tests that required just a few drops of blood, was convicted in January of four counts of wire fraud for deceiving investors with those claims, which turned out not to be true.

Judge Edward J. Davila of the U.S. District Court for the Northern District of California sentenced Ms. Holmes to 135 months in prison, which is slightly more than 11 years. Ms. Holmes, 38, who plans to appeal the verdict, must report to prison on April 27, 2023.

Federal sentencing guidelines for wire fraud of the size that Ms. Holmes was convicted of recommend 20 years in prison. Ms. Holmes’s lawyers had asked for 18 months of house arrest, while prosecutors sought 15 years and $804 million in restitution for 29 investors.

In court, Judge Davila concluded that the proper calculation for investor losses was $121 million for 10 investors. He included some Theranos investors who did not testify in Ms. Holmes’s trial, such as Rupert Murdoch, the media mogul, and Richard Kovacevich, former chief executive of Wells Fargo who sat on the start-up’s board.

Ms. Holmes’s case has taken on an almost mythic status among white-collar crimes over time. Few start-up founders reached the level of prominence that she did, appearing on magazine covers, dining at the White House and hitting a paper net worth of $4.5 billion. Since Theranos’s fraud was exposed in 2015, Ms. Holmes’s story has been told in podcasts, TV shows, books and documentaries.

Ms. Holmes, center, with her parents and Mr. Evans before her sentencing on Friday. Theranos shut down in 2018.Credit…Jim Wilson/The New York Times

Exaggeration and hype are common among tech start-ups, but very few executives are indicted on fraud charges, let alone convicted and sent to prison. That trend may be changing as the Justice Department has said it plans to be more aggressive in its pursuit of white-collar criminals.

In October, Trevor Milton, the founder of electric vehicle company Nikola, was convicted of fraud. And Sam Bankman-Fried, the founder of the cryptocurrency exchange FTX, which collapsed in bankruptcy last week, is under multiple state and federal investigations.

Prosecutors in Ms. Holmes’s case urged Judge Davila to consider the message her case sent to the world. In court filings ahead of the sentencing, they wrote that a long sentence for Ms. Holmes was important to “deter future start-up fraud schemes” and “rebuild the trust investors must have when funding innovators.”

Elizabeth Holmes’s Epic Rise and Fall

The Theranos founder’s story, from a $9 billion valuation to a fraud conviction, has come to symbolize the pitfalls of Silicon Valley’s culture.

  • Con Artist: With Theranos, her blood-testing company, Elizabeth Holmes fooled investors, employees and media outlets. Then she got her comeuppance.
  • The Start-up Playbook: Ms. Holmes wasn’t a creature of Silicon Valley, or so the refrain went. Her trial showed otherwise.
  • Her Conviction: In January, the Theranos founder was found guilty of four of 11 charges of fraud. On Nov. 18, she was sentenced to more than 11 years in prison.
  • Her Co-conspirator: In July, Ramesh Balwani, a former Theranos executive who helped Holmes cultivate her Steve Jobs-like image, was found guilty of 12 counts of fraud.

In court on Friday, Jeffrey Schenk, an assistant U.S. attorney and a lead prosecutor on the case, criticized Ms. Holmes’s argument that Theranos’s failure was typical of a high-risk, ambitious Silicon Valley start-up. “It is a logical fallacy to suggest that start-ups fail, Theranos was a start-up, and therefore, Theranos failed because it was a start-up,” he said. “That is not true.”

Mr. Schenk said Ms. Holmes destroyed the trust between “innovators and investors” in Silicon Valley. He added that Ms. Holmes’s offense was not a single bad act, like insider trading based on a tip, but an extended fraud that occurred over many years. Prosecutors also compared her case to major frauds of the past, including the energy trading company Enron and the long-distance phone company Worldcom, whose chief executives both spent more than a decade in prison.

Kevin Downey, a lawyer for Ms. Holmes, said in court that because she never cashed out her Theranos stock, there was no evidence of greed, like yachts, planes, large mansions and parties. Lumping Ms. Holmes in with executives at Enron and Worldcom didn’t match her underlying behavior, he said.

“We have a conviction for a crime where the defendant’s motive was to build technology,” he said.

Asking for leniency, Ms. Holmes submitted more than 100 letters of support from figures including Stanford professors, venture capital investors and Senator Cory Booker, a Democrat of New Jersey, which painted her as a virtuous person who was a victim of circumstances.

Ms. Holmes will be assigned to a prison by the Federal Bureau of Prisons based on factors such as location, space, her lack of criminal history and the nonviolent nature of her crime. Minimum security prisons nearest to Ms. Holmes’s residence in Woodside, Calif., include Federal Correctional Institutions in Dublin.

Theranos created a machine that it claimed could run more than 1,000 tests on a drop of blood. It struck partnerships with major grocery chains to build test centers in their stores.Credit…Jim Wilson/The New York Times

Ms. Holmes’s dramatic rise and fall began more than a decade after she dropped out of Stanford University to create Theranos in 2003, a start-up that aimed to revolutionize health care with better diagnoses of illnesses. The company created a machine that it claimed could run more than 1,000 tests on a drop of blood and struck partnerships with major grocery chains to build test centers in their stores. Ms. Holmes also claimed the company’s technology was endorsed by pharmaceutical companies and used on battlefields in Afghanistan.

None of those claims turned out to be true.

Theranos’s deceptions were exposed by The Wall Street Journal in 2015. A government inspection shut down the company’s lab soon after. Theranos dissolved in 2018, the year Ms. Holmes and her business partner, Ramesh Balwani, were indicted on fraud charges.

In July, Mr. Balwani was found guilty of 12 counts of fraud in a separate trial. Ms. Holmes, who argued to separate the cases, did not cooperate with prosecutors on his case.

At her trial last year, Ms. Holmes testified for seven days. It was the only time she has spoken publicly about what happened at Theranos since the company collapsed. On the stand, she expressed regret for her harsh treatment of whistle-blowers and journalists who investigated the company, as well as for falsifying scientific research documents.

She blamed others at Theranos for many of the company’s shortcomings and said her exaggerations were simply painting a picture of the future that investors wanted to hear. “They weren’t interested in today or tomorrow or next month, they were interested in what kind of change we could make,” she said.

She also accused Mr. Balwani, whom she dated for more than a decade, and who is more than 20 years older than her, of emotional and sexual abuse. She said he controlled everything she did and that he forced her to have sex with him when she didn’t want to. Mr. Balwani has denied the accusations.

Ultimately, a jury concluded that Ms. Holmes was guilty of defrauding three of its largest investors and of conspiring to do so. After the verdict, Ms. Holmes made numerous attempts to get a new trial. Her motions for a new trial were denied.

In letters, her friends and family said the public’s understanding of Ms. Holmes and her company were false.

“Much has been written in the media and addressed in the trial about the company and its failure,” wrote Christian Holmes, her father. “Little has been said about the innovation Elizabeth strived for, sacrificed and accomplished in order to help the company continue.”

Kalley Huang contributed reporting.

19 Nov 2022 0 comment
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A Hard Fork in the Road: FTX’s Unraveling and Elon’s Loyalty Oath

by SITKI KOVALI 18 Nov 2022
written by SITKI KOVALI

Listen and follow ‘Hard Fork’
Apple | Spotify | Stitcher | Amazon | Google


Hosted by Kevin Roose and Casey Newton

Produced by Davis Land

Edited by Paula Szuchman

Engineered by Sophia Lanman

Original music by Dan Powell, Marion Lozano and Elisheba Ittoop

The balance sheet contains an apology, the in-house coach is concerned that company executives are “undersexed” and billions in customer funds remain in jeopardy. The wreckage at FTX goes from bad to worse.

Plus: Elon’s “extremely hardcore” plan for Twitter 2.0.

Credit…Photo Illustration: The New York Times; Image: Dado Ruvic/Reuters

Additional Resources:

  • George K. Lerner, FTX’s in-house performance coach, said he was shocked by the collapse of FTX.

  • In an interview with Matt Levine, a Bloomberg columnist, Sam Bankman-Fried described his strategy to restore faith in the crypto ecosystem.

  • Bankman-Fried reflected on his actions as chief executive of FTX in a series of Twitter messages with Kelsey Piper, a Vox reporter.

  • Elon Musk told Twitter employees in an email that the company would become an “extremely hardcore” operation. Employees were asked to click yes to be part of the new Twitter or take severance.

  • Musk’s social calendar includes courting comedians and hoping on yachts.


Credits

“Hard Fork” is hosted by Kevin Roose and Casey Newton and produced by Davis Land. The show is edited by Paula Szuchman. Engineering by Corey Schreppel and original music by Dan Powell, Marion Lozano and Elisheba Ittoop. Fact-checking by Caitlin Love.

Special thanks to Hanna Ingber, Nell Gallogly, Kate LoPresti, Shannon Busta, Mahima Chablani and Jeffrey Miranda.

18 Nov 2022 0 comment
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Business

Justice Department Said to Investigate Ticketmaster’s Parent Company

by SITKI KOVALI 18 Nov 2022
written by SITKI KOVALI

WASHINGTON — The Justice Department has opened an antitrust investigation into the owner of Ticketmaster, whose sale of Taylor Swift concert tickets descended into chaos this week, said two people with knowledge of the matter. The investigation is focused on whether Live Nation Entertainment has abused its power over the multibillion-dollar live music industry.

That power has been in the spotlight after Ticketmaster’s systems crashed while Ms. Swift fans were trying to buy tickets in a presale for her upcoming tour, but the investigation predates the botched sale, the people said.

Staff members at the agency’s antitrust division have in recent months contacted music venues and players in the ticket market, asking about Live Nation’s practices and the wider dynamics of the industry, said the people, who spoke on condition of anonymity because the investigation is sensitive. The inquiry appears to be broad, looking at whether the company maintains a monopoly over the industry, said one of the people.

Live Nation did not immediately comment. A spokeswoman for the Justice Department declined to comment.

Officials in the Biden administration have spent the last two years trying to push the boundaries of antitrust law. The Justice Department has mounted several challenges to major mergers, successfully convincing a judge to block Penguin Random House’s purchase of Simon & Schuster but losing some other cases. The Federal Trade Commission has sued to block Meta, Facebook’s parent company, from acquiring a small virtual reality start-up.

The Cultural Impact of Taylor Swift’s Music

  • New LP: “Midnight,” Taylor Swift’s 10th studio album, is a return to the pop pipeline, with production from her longtime collaborator Jack Antonoff. Here is what our critic thought of it.
  • Millennial Anti-Hero: On her latest album, Swift probes the realizations and reckonings of many 30-something women around relationships, motherhood and ambition.
  • Fight for Her Masters: Revisit the origin story of Swift’s rerecordings of her older albums: a feud with the powerful manager Scooter Braun.
  • Pandemic Records: In 2020, Swift released two new albums, “Folklore” and “Evermore.” In debuting a new sound, she turned to indie music.

The new investigation is the latest scrutiny of Live Nation Entertainment, which is the product of a merger between Live Nation and Ticketmaster that was approved by the Justice Department in 2010. That created a giant in the live entertainment business that still has no equals in terms of its reach or power.

In 2019, its last year of business unaffected by the Covid-19 pandemic, Live Nation put on 40,000 events around the world and sold 485 million tickets through Ticketmaster, according to the company’s annual report. Live Nation is one of the music industry’s biggest powers in the management of artists, meaning the personal representatives who negotiate business deals on behalf of artists. According its most recent annual report, Live Nation had 100 managers working with more than 450 artists. It does not manage Ms. Swift.

When the Justice Department approved the merger — over significant opposition from the music industry — it required the company to sell some parts of its business. It also reached a legal settlement with the company that forbade Live Nation from threatening concert venues with losing access to its tours if those venues decide to use ticketing providers other than Ticketmaster. Those terms were set to last for 10 years, until 2020.

In late 2019, after an investigation, the Justice Department found that Live Nation had repeatedly violated this provision of its decree. It extended the terms of the settlement by five years, to 2025, and adjusted some of the agreement’s language to clarify what the company was allowed to do when negotiating ticketing deals with venues.

Justice Department staff members have asked whether Live Nation was complying with the agreement as part of their new inquiry, said one of the people with knowledge of the matter. Officials at the agency have grown increasingly wary of such settlements, believing the best way to settle antitrust concerns is through changes to a company’s structure.

The debacle involving Ms. Swift’s concert tickets this week has exacerbated complaints in the music business and in Washington that Live Nation’s power has constrained competition and harmed consumers. But it was also an example of extraordinary demand for a highly desired commodity in very limited supply.

The problems began Tuesday, when Ticketmaster’s Verified Fan system, which aims to weed out bots and professional scalpers from the process, began doling out access codes to fans who were interested in buying tickets to Ms. Swift’s Eras tour that is scheduled to start in March.

According to a blog post by Ticketmaster, which was published on Thursday but deleted within hours, 3.5 million fans registered for the program. The company “invited” 1.5 million of those customers to the presale by sending them codes, and the remaining two million were placed on a waiting list.

That day, Ticketmaster received 3.5 billion system requests, causing its app to crash for many users; some who were in the process of buying tickets with their codes were unable to complete their transactions. According to Ticketmaster, two million tickets were sold on Tuesday alone. Another presale, for Capital One cardholders, was held on Wednesday.

But Thursday afternoon, Ticketmaster canceled its plans for a public ticket sale on Friday, when it would typically sell any tickets remaining after presales. It was unclear how many tickets had already been sold for Ms. Swift’s tour, and how many — if any — remained.

On Friday, in her first comments about the ticketing debacle, Ms. Swift posted a statement to social media saying she was looking into the situation to see how it could be improved. But she also expressed disappointment in Ticketmaster.

“I’m not going to make excuses for anyone,” Ms. Swift wrote, “because we asked them, multiple times, if they could handle this kind of demand, and we were assured that they could.”

18 Nov 2022 0 comment
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