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Dr. Binoy Kampmark is a senior lecturer in the School of Global, Urban and Social Studies, RMIT University. He was a Commonwealth Scholar at Selwyn College, University of Cambridge. He is a contributing editor to CounterPunch and can be followed at @bkampmark.

Starvation in Gaza: The World Court’s Latest Intervention

Rarely has the International Court of Justice been so constantly exercised by one topic during a short span of time. On January 26, the World Court, considering a filing made the previous December by South Africa, accepted Pretoria’s argument that the Convention on the Prevention and Punishment of the Crime of Genocide was applicable to the conflict in so far as Israel was bound to observe it in its military operations against Hamas in Gaza. (The judges will determine, in due course, whether Israel’s actions in Gaza meet the genocidal threshold.) By 15-2, the judges noted that “the catastrophic humanitarian situation in the Gaza Strip is at serious risk of deteriorating further before the Court renders its final judgment.”

At that point 26,000 Palestinians had perished, much of Gaza pummelled into oblivion, and 85% of its 2.3 million residents expelled from their homes. Measures were therefore required to prevent “real and imminent risk that irreparable prejudice will be caused to the rights found by the Court to be plausible, before it gives its final decision.”

Israel was duly ordered to take all possible measures to prevent the commission of acts under Article II of the Genocide Convention; prevent and punish “the direct and public incitement to genocide” against the Gaza populace; permit basic services and humanitarian assistance to the Gaza Strip; ensure the preservation of, and prevent destruction of, evidence related to acts committed against Gaza’s Palestinians within Articles II and III of the Convention; and report to the ICJ on how Israel was abiding by such provisional measures within a month. The balance sheet on that score has been uneven at best.

Since then, the slaughter has continued, with the Palestinian death toll now standing at 32,300. The Israelis have refused to open more land crossings into Gaza, and continue to hamper aid going into the strip, even as they accuse aid agencies and providers of being tardy and dishonest. Their surly defiance of the United States has seen air drops of uneven, negligible success (the use of air to deliver aid has always been a perilous exercise). When executed, these have even been lethal to the unsuspecting recipients, with reported cases of parachutes failing to open.

On March 25, the UN Security Council, after three previous failed attempts, passed Resolution 2728, thereby calling for an immediate ceasefire for the month of Ramadan “leading to a lasting sustainable” halt to hostilities, the “immediate and unconditional release of all hostages”, “ensuring humanitarian access to address their medical and other humanitarian needs” and “demands that the parties comply with their obligations under international law in relation to all persons they detain.”

Emphasis was also placed on “the urgent need to expand the flow of humanitarian assistance to and reinforce the protection of civilians in the entire Gaza Strip.” The resolution further demands that all barriers regarding the provision of humanitarian assistance, in accordance with international humanitarian law be lifted.

Since January, South Africa has been relentless in its efforts to curb Israel’s Gaza enterprise in The Hague. It called upon the ICJ on February 14, referring to “the developing circumstances in Rafah”, to urgently exercise powers under Article 75 of the Rules of Court. Israel responded on February 15. The next day, the ICJ’s Registrar transmitted to the parties the view of the Court that the “perilous situation” in the Gaza Strip, but notably in Rafah, “demands immediate and effective implementation of the provisional measures indicated by the Court in its Order of 26 January 2024.”

Throughout the following month, more legal jostling and communication took place, with Pretoria requesting on March 6 that the ICJ “indicate further provisional measures and/or to modify” those ordered on January 26. The application was prompted by the “horrific deaths from starvation of Palestinian children, including babies, brought about by Israel’s deliberate acts and omissions … including Israel’s concerted attempts since 26 January 2024 to ensure the defunding of [the United Nations Relief and Works Agency (UNRWA) and Israel’s attacks on starving Palestinians seeking to access what extremely limited humanitarian assistance Israel permits into Northern Gaza, in particular.”

Israel responded on March 15 to the South African communication, rejecting the claims of starvation arising from deliberate acts and omissions “in the strongest terms.” The logic of the sketchy rebuttal from Israel was that matters had not materially altered since January 26 to warrant a reconsideration: “the difficult and tragic situation in the Gaza Strip in the last weeks could not be said to materially change the considerations upon which the Court based its original decision concerning provisional measures.”

On March 28, the Court issued a unanimous order modifying the January interim order. Combing through the ghoulish evidence, the judges noted an updated report from March 18 on food insecurity from the Integrated Food Security Phase Classification Global Initiative (IPC Global Initiative) stating that “conditions necessary to prevent Famine have not been met and the latest evidence confirms that Famine is imminent in the northern governorates and projected to occur anytime between mid-March and May 2024.” The UN Children’s Fund had also reported that 31 per cent of children under 2 years of age in the northern Gaza Strip were enduring conditions of “acute malnutrition”.

In the face of this Himalaya of devastation, the Court could only observe “that Palestinians in Gaza are no longer facing a risk of famine, as noted in the Order of 26 January 2024, but that famine is setting in, with at least 31 people, including 27 children, having already died of malnutrition and dehydration.” There were “unprecedented levels of food insecurity experienced by Palestinians in the Gaza strip over recent weeks, as well as the increasing risks of epidemics.”

Such “grave” conditions granted the Court jurisdiction to modify the January 26 order which no longer fully addressed “the consequences arising from the changes in the situation.” In view of the “worsening conditions of life faced by Palestinians in Gaza, in particular the spread of famine and starvation”, Israel should take “all necessary and effective measures to ensure, without delay, in full cooperation with the United Nations, the unhindered provision at scale by all concerned of urgently needed basic services and humanitarian assistance.”

The list of what is needed is also enumerated: food, water, electricity, fuel, shelter, clothing, hygiene, sanitation requirements, and “medical supplies and medical care to Palestinians throughout Gaza, including by increasing the capacity and number of land crossing points and maintaining them open for as long as necessary.”

A less reported aspect of the March 28 order, passed by fifteen votes to one, was that Israel’s military refrain from committing “acts which constitute a violation of any rights of the Palestinians in Gaza as a protected group” under the Genocide Convention “including by preventing, through any action, the delivery of urgently needed humanitarian assistance.”

In this, the Court points to the possible, and increasingly plausible nexus, between starvation, famine and deprivation of necessaries as state policies with the intent to injure and kill members of a protected group. It is no doubt something that will weigh heavily on the minds of the judges as they continue mulling over the nature of the war in Gaza, which South Africa continues to insist is genocidal in scope and nature.

 

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Imperial Fruit: Bananas, Costs and Climate Change

The curved course of the ubiquitous banana has often been the peel of empire, its sweetness masking a sharp, bitter legacy. Arab conquerors introduced it to the African continent as they cultivated a slave market. European imperialism did the same to the Americas via the Canary Islands, insinuating the luscious fruit into markets of solid exploitation and guaranteed returns. In time, demand for bananas grew. Cheap capital cushioned it.

Corporation power and secondary colonisation, exercised through such ruthless entities as the United Fruit Company (now the jauntily labelled Chiquita), continued the legacy, collaborating with corrupt elites while exerting control over large swathes of the local economy. The Banana Republic was axiomatic to the exertion of US power in the agriculture of the South. Names like Lorenzo D. Baker, who first imported bananas to the US in 1870, preceding Philadelphia’s World Fair promotion in 1876, and Minor C. Keith and Andrew W. Preston, should be marked in bold in such efforts. It is they who led the way to the creation of the United Fruit Company.

Marcelo Bucheli offers an adequate description about United Fruit as a broad based alliance that led to the creation of an “impressive production and distribution network” made up of “plantations, hospitals, roads, railways, telegraph lines, housing facilities, and ports in the producing companies, a steamship fleet (the Great White Fleet, which eventually became the largest privately owned fleet in the world), and a distribution network in the United States.” Some fruit; some capital.

The company’s indelible staining of Latin America’s politics was ingloriously affirmed with its role in overthrowing the democratically elected Guatemalan leader Jacobo Árbenz, whose expropriating measures to award property to landless citizens proved too much. The resulting Washington-backed coup, encouraged by such figures as United Fruit’s main shareholder Samuel Zemurray, resulted in a military dictatorship leading to 200,000 deaths.

In 1954, with the coup in full swing, Árbenz could only observe with tragic sadness that “the pretext of anti-communism” had been cited to overthrow his government. “The truth is very different. The truth is to be found in the financial interests of the fruit company and other US monopolies which have invested great amounts of money in Latin America and fear that the example of Guatemala would be followed by other Latin American countries.”

There is good reason then to take a rather withering view of the banana trade. It has become the feature fruit of monstrous monopolies, a brutal currency of exchange, the means by which exploitation has been cultivated for huge corporate gain. In some cases, its pricing has been kept low as the costs in production, be they in terms of land and people. They are the unwanted ghosts in the unaccounted equation.

Following the fruit to lands of its cultivation is to take a journey to inequality. The island of Mindanao in the Philippines produces 84% of the country’s bananas and hosts 25% of the country’s population. On that same island live over 35% of the country’s poorest residents. Historically, it was only the advent of the cooperative FARMCOOP and the passing of the Land Reform Law that enabled landless, indigent farmers to claim some degree of autonomy from the crushing conditions of the international banana market.

After the viciousness of imperialism, exploitation and profit, the banana now faces something of a different challenge. Climate, it has become trite to say, is playing up. The banana moguls, sellers and cultivators are getting anxious. Supply lines and prices are being affected. “Producers like Guatemala, El Salvador, and Costa Rica, will see a negative impact of rising temperatures over the next few decades,” predicts a confident Dan Bebber, a student of crop pathogens and sustainable agriculture.

Climate disruptions have also been something of an encouragement to threatening diseases to the crop, notably the TR4 fungus. The World Banana Forum, which benignly sounds like the Sorghum Appreciation Society with polite tea breaks and conference papers, offered a stolid seriousness. The BBC was there to gather some material, coming with such prosaic spurts as those of Pascal Lu, a senior economist at the UN’s Food and Agriculture Organisation (FAO): the impact of climate change was such as to pose an “enormous threat” to banana production.

CBS News was also at hand to be told by Sabine Altendorf, yet another economist at the UNFAO with an interest in supply chains of agricultural products, that any such infection would essentially doom the crop. “Once a plantation has been infected, it cannot be eradicated. There is no pesticide or fungicide that is effective.”

Lu offers a diplomatic splash on the whole matter. He speaks of certification, keeping the bananas “greener” (no irony intended) and extols the value of such regulations as “they help producers seize the opportunity of making their production systems more sustainable.” Inevitably, he offers the following: “But of course, they also come with costs for producers because they require more control and monitoring systems on the part of the producers and the traders. And these costs have to trickle down to the final consumers.”

Ultimately, such certification remains overwhelmingly voluntary, by which the producers pay a fee for the process, thereby receiving price premiums and market access for upholding certain market standards.

The environmental ledger for humanity, and much of the globe, engenders worry. Climate change is dooming us in various ways. States and communities will be submerged. Droughts will empty tracts of land of agrarian occupation. Agricultural patterns will alter. It is making the cultivation of crops in certain areas of the world unfeasible and untenable. And this potassium rich source, so revered for shape, size and flavour, its brutal legacy often ignored at the shopping counter, may have met its match.

 

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Distinctions Without Difference: The Security Council on Gaza Passes

The UN Security Council presents one of the great contradictions of power in the international system. On the one hand vested with enormous latitude in order to preserve international peace and security, it remains checked, limited and, it can be argued, crippled by an all too regular use of the veto by members of the permanent five powers (US, Russia, China, the United Kingdom and France).

When it comes to the bleeding and crushing of human life in Gaza by the Israeli Defence Forces (32,300 dead Palestinians and rising), resolutions demanding a cease fire of a conflict that began with the attack on Israeli soil by Hamas militants have tended to pass into voting oblivion. The United States, Israel’s great power patron and defender, has been consistent in using its veto power to ensure it, exercising it on no less than three occasions since October 7.

On March 25, a change of heart was registered. Washington, reputationally battered for its unconditional support for Israel, haughtily defied by its own ally in being reduced to airdrops of aid for the expiring residents of Gaza, and resoundingly ignored by the Netanyahu government in moderating the savagery of its operations in the strip, abstained. In terms of resolution protocol, it meant that 14 out of 15 Council members favoured the vote.

Resolution 2728 calls for an immediate ceasefire for the month of Ramadan “leading to a lasting sustainable” halt to hostilities, the “immediate and unconditional release of all hostages”, “ensuring humanitarian access to address their medical and other humanitarian needs” and “demands that the parties comply with their obligations under international law in relation to all persons they detain.” The resolution further emphasises “the urgent need to expand the flow of humanitarian assistance to and reinforce the protection of civilians in the entire Gaza Strip.” All barriers regarding the provision of humanitarian assistance, in accordance with international humanitarian law” are also to be lifted.

The wording of the resolution has a degree of lexical ambiguity only tolerable to oily diplomats and paper mad bureaucrats. Neither Hamas nor Israeli hostages are mentioned, ghosts unacknowledged at the chattering feast. Does the latter, for instance, cover Palestinian prisoners?

The justification from the US delegation was uneven and skewed. The abstention, Secretary of State Anthony Blinken explained, “reaffirms the US position that a ceasefire of any duration come as part of an agreement to release hostages in Gaza.” While some provisions of the text had caused disagreement in Washington, the sponsors of the resolution had made sufficient changes “consistent with our principled position that any ceasefire text must be paired with the release of the hostages.”

Mild mannered approval for this sloppy, weak position (the apologetics of abstentions are rarely principled, suggesting a lack of moral timbre) followed. Hadar Susskind, President and CEO of Americans for Peace Now, even praised the stance in Newsweek. “By allowing the resolution to pass the US has staked out a position in favor of ending this horrible war, and in opposition to Prime Minister Benjamin Netanyahu’s prioritization of his political well-being over the current and future good of Israelis and Palestinians alike.”

For his part, Netanyahu cancelled a planned Washington visit of two of his ministers, Ron Dermer and Tzachi Hanegbi, to specifically discuss the impending attack on Rafah, though much of this is bound to be studiously ceremonial, given the language of inevitability associated with the planned operation. Besides, neither are versed in anything related to military matters. But just as one pays attention to a wealthy, doddering relative who keeps funding your bad habits in the hope that you might, one day, see sense, it pays to feign courtesy and interest from time to time to your benefactor.

As if to prove this point, John F. Kirby, spokesman for the National Security Council, reminded journalists that various other meetings would still be taking place between the US and Israel, notably those between President Joe Biden’s national security advisor, Jake Sullivan, and with Blinken and Defense Secretary Lloyd J. Austin III.

In a gruff statement, the Israeli PM rebuked the abstention as “a retreat from the consistent American position since the beginning of the war.” In taking that stance, Washington had given “Hamas hope that international pressure will enable them to achieve a cease-fire without freeing the hostages.”

Netanyahu’s approach to Hamas, Gaza and the Palestinians has become one with his obsession with political survival and rekindling the fires of the Israeli electorate. As far back as December, a Likud official was already making the observation that the PM had adopted the posture of a vote getting electioneer even as the war was being prosecuted. “Netanyahu is in full campaign mode. While the external political threats are gradually increasing, Netanyahu knows that over time the attacks and the calls to remove him will also increase. He has been acting first to win back his base.”

For the UN Secretary General, António Guterres, the resolution had to be implemented. “Failure would be unforgivable.” But failure to do so, certainly in the context of the planned assault on Rafah so solemnly denounced by the international community, is most likely.

 

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Purgatorial Torments: Assange and the UK High Court

What is it about British justice that has a certain rankness to it, notably when it comes to dealing with political charges? The record is not good, and the ongoing sadistic carnival that is the prosecution (and persecution) of Julian Assange continues to provide meat for the table.

Those supporting the WikiLeaks publisher, who faces extradition to the United States even as he remains scandalously confined and refused bail in Belmarsh Prison, had hoped for a clear decision from the UK High Court on March 26. Either they would reject leave to appeal the totality of his case, thereby setting the wheels of extradition into motion, or permit a full review, which would provide some relief. Instead, they got a recipe for purgatorial prolongation, a tormenting midway that grants the US government a possibility to make amends in seeking their quarry.

A sinking sense of repetition was evident. In December 2021, the High Court overturned the decision of the District Court Justice Vanessa Baraitser to bar extradition on the weight of certain assurances provided by the US government. Her judgment had been brutal to Assange in all respects but one: that extradition would imperil his life in the US penal system, largely due to his demonstrated suicidal ideation and inadequate facilities to cope with that risk.

With a school child’s gullibility – or a lawyer’s biting cynicism – the High Court judges accepted assurances from the Department of Justice (DOJ) that Assange would not face the crushing conditions of detention in the notorious ADX Florence facility or suffer the gagging restrictions euphemised as Special Administrative Measures. He would also receive the appropriate medical care that would alleviate his suicide risk and face the prospect of serving the balance of any sentence back in Australia. The refusal to look behind the mutability and fickle nature of such undertakings merely passed the judges by. The March 26 judgment is much in keeping with that tradition.

The grounds for Assange’s team numbered nine in total entailing two parts. Some of these should be familiar to even the most generally acquainted reader. The first part, comprising seven grounds, argues that the decision to send the case to the Home Secretary was wrong for: ignoring the bar to extradition under the UK-US Extradition Treaty for political offences, for which Assange is being sought for; that his prosecution is for political opinions; that the extradition is incompatible with article 7 of the European Convention on Human Rights (ECHR) noting that there should be no punishment without law; that the process is incompatible with article 10 of the ECHR protecting freedom of expression; that prejudice at trial would follow by reason of his non-US nationality; that the right to a fair trial, protected by article 6 of the ECHR, was not guaranteed; and that the extradition is incompatible with articles 2 and 3 of the ECHR (right to life, and prohibiting inhuman and degrading treatment).

The second part of the application challenged the UK Home Secretary’s decision to approve the extradition, which should have been barred by the treaty between the UK and US, and on the grounds that there was “inadequate specialty/death penalty protection.”

In this gaggle of imposing, even damning arguments, the High Court was only moved by three arguments, leaving much of Baraitser’s reasons untouched. Assange’s legal team had established an arguable case that sending the case to the Home Secretary was wrong as he might be prejudiced at trial by reason of his nationality. Following from that “but only as a consequence of that”, extradition would be incompatible with free speech protections under article 10 of the ECHR. An arguable case against the Home Secretary’s decision could also be made as it was barred by inadequate specialty/death penalty protection.

What had taken place was a dramatic and savage pruning of a wholesome challenge to a political persecution garishly dressed in legal drag. On the issue of whether Assange was being prosecuted for his political opinions, the Court was happy to accept the woeful finding by Baraitser that he had not. The judge was “entitled to reach that conclusion on the evidence before her, and on the unchallenged sworn evidence of the prosecutor (which refutes the applicant’s case).” While accepting the view that Assange “acted out of political conviction”, the extradition was not being made “on account of his political views.” Again, we see the judiciary avoid the facts staring at it: that the exposure of war crimes, atrocities, torture and various misdeeds of state are supposedly not political at all.

Baraitser’s assessment on the US Espionage Act of 1917, that cruel exemplar of war time that has become peacetime’s greater suppressor of leakers and whistleblowers, was also spared necessary laceration. The point missed in both her judgement and the latest High Court ruling is a seeming inability to accept that the Act is designed to circumvent constitutional protections, a point made from the outset by the brave Wisconsin Republican Senator Robert M. La Follette.

On the issue of whether Assange would be denied due process in that he could not foresee being prosecuted for publishing classified documents in 2010, the view that US courts are “alive to the issues of vagueness and overbreadth in relation” to the Act misses the point. It hardly assures Assange that he would not be subject “to a real risk of a flagrant denial” of rights protected by article 7 of the ECHR, let alone the equivalent Fifth Amendment of the US Constitution.

The matter of Assange being denied a fair trial should have been obvious, evidenced by such prejudicial remarks by senior officials (that’s you Mike Pompeo) on his presumed guilt, tainted evidence, a potentially biased jury pool, and coercive plea bargaining. He could or would also be sentenced for conduct he had not been charged with “based on evidence he will not see and which may have been unlawfully obtained.” Instead, Baraitser’s negative finding was spared its deserved flaying. “We, like the judge, consider the article 6 objections raised by the applicants have no arguable merit, from which it follows that it is not arguable that his extradition would give rise to a flagrant denial of his fair trial rights.”

Of enormous, distorting significance was the refusal by the High Court to accept “fresh evidence” such as the Yahoo News article from September 2021 outlining the views of intelligence officials on the possible kidnapping and even assassination of Assange. To this could be added a statement from US attorney Joshua Dratel who pertinently argued that designating WikiLeaks a “non-state hostile intelligence service” was intended “to place [the applicant] outside any cognizable legal framework that might protect them from the US actions based on purported ‘national security’ imperatives.”

A signed witness statement also confirmed that UC Global, the Spanish security firm charged by the CIA to conduct surveillance of Assange in the Ecuadorian embassy in London, had means to provide important information for “options on how to assassinate” Assange.

Instead of considering the material placed before them as validating a threat to Assange’s right to life, or the prospect of inhuman or degrading treatment or punishment, the High Court justices speculated what Baraitser would have done if she had seen it. Imaginatively, if inexplicably, the judges accepted her finding that the conduct by the CIA and UC Global regarding the Ecuadorian embassy had no link with the extradition proceedings. With jaw dropping incredulity, the judges reasoned that the murderous, brutal rationale for dealing with Assange contemplated by the US intelligence services “is removed if the applicant is extradited.” In a fit of true Orwellian reasoning, Assange’s safety would be guaranteed the moment he was placed in the custody of his would-be abductors and murderers.

The High Court was also generous enough to do the homework for the US government by reiterating the position taken by their brother judges in the 2021 decision. Concerns about Assange’s mistreatment would be alleviated by granting “assurances (that the applicant is permitted to rely on the First Amendment, that the applicant is not prejudiced at trial (including sentence) by reason of his nationality, that he is afforded the same First Amendment protection as a United States citizen, and that the death penalty not be imposed).” Such a request is absurd for presuming, not only that the prosecutors can be held to their word, but that a US court would feel inclined to accept the application of the First Amendment, let alone abide by requested sentencing requirements.

The US government has been given till April 16 to file assurances addressing the three grounds, with further written submissions in response to be filed by April 30 by Assange’s team, and May 14 by the Home Secretary. Another leave of appeal will be entertained on May 20. If the DOJ does not provide any assurances, then leave to appeal will be granted. The accretions of obscenity in the Assange saga are set to continue.

 

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The AUKUS Cash Cow: Robbing the Australian Taxpayer

Two British ministers, the UK Foreign Secretary David Cameron and Defence Secretary Grant Shapps, paid a recent visit to Australia recently as part of the AUKMIN (Australia-United Kingdom Ministerial Consultations) talks. It showed, yet again, that Australia’s government loves being mugged. Stomped on. Mowed over. Beaten.

It was mugged, from the outset, in its unconditional surrender to the US military industrial complex with the AUKUS security agreement. It was mugged in throwing money (that of the Australian taxpayer) at the US submarine industry, which is lagging in its production schedule for both the Virginia-class boats and new designs such as the Columbia class. British shipyards were hardly going to miss out on this generous distribution of Australian money, largesse ill-deserved for a flagging production line.

A joint statement on the March 22 meeting, conducted with Defence Minister Richard Marles and Foreign Minister Penny Wong, was packed with trite observations and lazy reflections about the nature of the “international order”. Ministers “agreed the contemporary [UK-Australian] relationship is responding in an agile and coordinated way to global challenges.” When it comes to matters of submarine finance and construction, agility is that last word that comes to mind.

Boxes were ticked with managerial, inconsequential rigour. Russia, condemned for its “full-scale, illegal and immoral invasion of Ukraine.” Encouragement offered for Australia in training Ukrainian personnel through Operation Kudu and joining the Drone Capability Coalition. Exaggerated “concern at the catastrophic humanitarian crisis in Gaza.” Praise for the United Nations Convention on the Law of the Sea (UNCLOS) and “respect of navigation.”

The relevant pointers were to be found later in the statement. The UK has been hoping for a greater engagement in the Indo-Pacific (those damn French take all the plaudits from the European power perspective), and the AUKUS bridge has been one excuse for doing so. Accordingly, this signalled a “commitment to a comprehensive and modern defence relationship, underlined by the signing of the updated Agreement between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland for Defence and Security Cooperation.”

When politicians need to justify opening the public wallet, such tired terms as “unprecedented”, “threat” and “changing” are used. These are the words of foreign minister Wong: “Australia and the United Kingdom are building on our longstanding strategic partnership to address our challenging and rapidly changing world.” Marles preferred the words “an increasingly complex strategic environment.” Shapps followed a similar line of thinking. “Nuclear-powered submarines are not cheap, but we live in a much more dangerous world, where we are seeing a much more assertive region [with] China, a much more dangerous world all around with what is happening in the Middle East and Europe.” Hardly a basis for the submarines, but the fetish is strong and gripping.

With dread, critics of AUKUS would have noted yet another round of promised disgorging. Britain’s submarine industry is even more lagging than that of the United States, and bringing Britannia aboard the subsidy truck is yet another signal that the AUKUS submarines, when and if they ever get off the design page and groan off the shipyards, are guaranteed well deserved obsolescence or glorious unworkability.

A separate statement released by all the partners of the AUKUS agreement glories in the SSN-AUKUS submarine, intended as a joint effort between BAE Systems and the Australian Submarine Corporation (ASC). (BAE Systems, it should be remembered, is behind the troubled Hunter-class frigate program, one plagued by difficulties in unproven capabilities.)

An already challenging series of ingredients is further complicated by the US role as well. “SSN-AUKUS is being trilaterally developed, based on the United Kingdom’s next designs and incorporation technology from all three nations, including cutting edge United States submarine technologies.” This fabled fiction “will be equipped for intelligence, surveillance, undersea warfare and strike missions, and will provide maximum interoperability among AUKUS partners.” The ink on this is clear: the Royal Australian Navy will, as with any of the promised second-hand Virginia-class boats, be a subordinate partner.

In this, a false sense of submarine construction is being conveyed through what is termed the “Optimal Pathway”, ostensibly to “create a stronger, more resilient trilateral submarine industrial base, supporting submarine production and maintenance in all three countries.” In actual fact, the Australian leg of this entire effort is considerably greater in supporting the two partners, be it in terms of upgrading HMAS Stirling in Western Australia to permit UK and US SSNs to dock as part of Submarine Rotational Force West from 2027, and infrastructure upgrades in South Australia. It all has the appearance of garrisoning by foreign powers, a reality all the more startling given various upgrades to land and aerial platforms for the United States in the Northern Territory.

The eye-opener in the AUKMIN chatter is the promise from Canberra to send A$4.6 billion (£2.4 billion) to speed up lethargic construction at the Rolls-Royce nuclear reactor production line. There are already questions that the reactor cores, being built at Derby, will be delayed for the UK’s own Dreadnought nuclear submarine. The amount, it was stated by the Australian government, was deemed “an appropriate and proportionate contribution to expand production and accommodate Australia’s requirements.” Hardly.

Ultimately, this absurd spectacle entails a windfall of cash, ill-deserved funding to two powers with little promise of returns and no guarantees of speedier boat construction. The shipyards of both the UK and the United States can take much joy from this, as can those keen to further proliferate nuclear platforms, leaving the Australian voter with that terrible feeling of being, well, mugged.

 

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Julian Assange and the Plea Nibble

Be wary of what Washington offers in negotiations at the best of times. The empire gives and takes when it can; the hegemon proffers and in equal measure and withdraws offers it deems fit. This is all well known to the legal team of WikiLeaks’ founder Julian Assange, who, the Wall Street Journal “exclusively” reveals, is in ongoing negotiations with US Justice Department officials on a possible plea deal.

As things stand, the US Department of Justice is determined to get its mitts on Assange on the dubious strength of 18 charges, 17 confected from the brutal Espionage Act of 1917. Any conviction from these charges risks a 175-year jail term, effectively constituting a death sentence for the Australian publisher.

The war time statute, which was intended to curb free speech and muzzle the press for the duration of the First World War, was assailed by Wisconsin Republican Senator Robert La Follette as a rotten device that impaired “the right of the people to discuss the war in all its phases.” It was exactly in time of war that the citizen “be more alert to the preservation of his right to control his government. He must be most watchful of the encroachment of the military upon the civil power.” And that encroachment is all the more pressing, given the Act’s repurposing as a weapon against leakers and publishers of national security material. In its most obscene incarnation, it has become the US government’s political spear against a non-US national who published US classified documents outside the United States.

The plea deal idea is not new. In August last year, the Sydney Morning Herald pounced upon comments from US Ambassador to Australia Caroline Kennedy that a “resolution” to the Assange imbroglio might be on the table. “There is a way to resolve it,” the ambassador suggested at the time. Any such resolution could involve a reduction of any charges in favour of a guilty plea, subject to finalisation by the Department of Justice. Her remarks were heavily caveated: this was more a matter for the DOJ than the State Department or any other agency. “So it’s not really a diplomatic issue, but I think there absolutely could be a resolution.”

The WSJ now reports that officials from the DOJ and Assange’s legal team “have had preliminary discussions in recent months about what a plea deal could look like to end the lengthy legal drama.” These talks “remain in flux” and “could fizzle.” Redundantly, the Journal reports that any such agreement “would require approval at the highest levels of the Justice Department.”

Barry Pollack, one of Assange’s legal representatives, has not been given any indication that the department would, as such, accept the deal, a point he reiterated to Consortium News: “[W]e have been given no indication that the Department of Justice intends to resolve the case.”

One floated possibility would be a guilty plea on a charge of mishandling classified documents, which would be classed as a misdemeanour. Doing so would take some of the sting out of the indictment, which is currently thick with felonies and one conspiracy charge of computer intrusion. “Under the deal, Assange could potentially enter that plea remotely, without setting foot in the US.” Speculation from the paper follows. “The time he has spent behind bars in London would count toward any US sentence, and he would be likely to be free to leave prison shortly after any deal has concluded.”

With little basis for the claim, the report lightly declares that the failure of plea talks would not necessarily be a bad thing for Assange. He could still “be sent to the US for trial”, where “he may not stay for long, given the Australia pledge.” The pledge in question is part of a series of highly questionable assurances given to the UK government that Assange’s carceral conditions would not include detention in the supermax ADX Florence facility, the imposition of notorious Special Administrative Measures, and the provision of appropriate healthcare. Were he to receive a sentence, it would be open to him to apply and serve its balance in Australia. But all such undertakings have been given on condition that they can be broken, and transfer deals between the US and other countries have been plagued by delays, inconsistencies, and bad faith.

The dangers and opportunities to Assange have been bundled together, a sniff of an idea rather than a formulation of a concrete deal. And deals can be broken. It is hard to imagine that Assange would not be expected to board a flight bound for the United States, even if he could make his plea remotely. Constitutional attorney Bruce Afran, in an interview with CN Live! last August, suggested that a plea, taken internationally, was “not barred by any laws. If all parties consent to it, then the court has jurisdiction.” Yes, but what then?

In any event, once on US soil, there is nothing stopping a grand volte face, that nasty legal practice of tagging on new charges that would carry even more onerous penalties. It should be never forgotten that Assange would be delivered up to a country whose authorities had contemplated, at points, abduction, illegal rendition, and assassination.

Either way, the current process is one of gradual judicial and penal assassination, conducted through prolonged proceedings that continue to assail the publisher’s health even as he stays confined to Belmarsh Prison. (Assange awaits the UK High Court’s decision on whether he will be granted leave to appeal the extradition order from the Home Office.) The concerns will be how to spare WikiLeaks founder further punishment while still forcing Washington to concede defeat in its quest to jail a publisher. That quest, unfortunately, remains an ongoing one.

 

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Censors Celebrated: Misinformation and Disinformation Down Under

The heralded arrival of the Internet caused flutters of enthusiasm, streaks of heart-felt hope. Unregulated, and supposedly all powerful, an information medium never before seen on such scale could be used to liberate mind and spirit. With almost disconcerting reliability, humankind would coddle and fawn over a technology which would, as Langdon Winner writes, “bring universal wealth, enhanced freedom, revitalized politics, satisfying community, and personal fulfilment.”

Such high street techno-utopianism was bound to have its day. The sceptics grumbled, the critiques bubbled and flowed. Evgeny Morozov, in his relentlessly biting study The Net Delusion, warned of the misguided nature of the “excessive optimism and empty McKinsey-speak”, of cyber-utopianism and the ostensibly democratising properties of the Internet. Governments, whatever their ideological mix, gave the same bark of suspicion.

In Australia, we see the tech-utopians being butchered, metaphorically speaking, on our doorstep. Of concern here is the Communications Legislation Amendment (Combating Misinformation and Disinformation) Bill 2023. This nasty bit of legislative progeny arises from the 2019 Digital Platforms Inquiry conducted by the Australian Competition and Consumer Commission (ACCC). The final report notes how consumers accessing news placed on digital platforms “potentially risk exposure to unreliable news through ‘filter bubbles’ and the spread of disinformation, malinformation and misinformation (‘fake news’) online.” And what of television? Radio? Community bulletin boards? The mind shrinks in anticipation.

In this state of knee-jerk control and paternal suspicion, the Commonwealth pressed digital platforms conducting business in Australia to develop a voluntary code of practice to address disinformation and the quality of news. The Australian Code of Practice on Disinformation and Misinformation was launched on February 22, 2021 by the Digital Industry Group Inc. Eight digital platforms adopted the code, including Google, Facebook, Microsoft, and Twitter. The acquiescence from the digital giants did little in terms of satisfying the wishes of the Morrison government. The Minister of Communications at the time, Paul Fletcher, duly announced that new laws would be drafted to arm the Australian Communications and Media Authority (ACMA) with the means “to combat online misinformation and disinformation.” He noted an ACMA report highlighting that “disinformation and misinformation are significant and ongoing issues.”

The resulting Bill proposes to make various functional amendments to the Broadcasting Services Act 1992 (Cth) as to the way digital platform services work. It also proposes to vest the ACMA with powers to target misinformation and disinformation. Digital platforms not in compliance with the directions of the ACMA risk facing hefty penalties, though the regulator will not have the power to request the removal of specific content from the digital platform services.

In its current form, the proposed instrument defines misinformation as “online content that is false, misleading or deceptive, that is shared or created without an intent to deceive but can cause and contribute to serious harm.” Disinformation is regarded as “misinformation that is intentionally disseminated with the intent to deceive or cause serious harm.”

Of concern regarding the Bill is the scope of the proposed ACMA powers regarding material it designates as “harmful online misinformation and disinformation”. Digital platforms will be required to impose codes of conduct to enforce the interpretations made by the ACMA. The regulator can even “create and enforce an industry standard” (this standard is unworkably opaque, and again begs the question of how that can be defined) and register them. Those in breach will be liable for up to $7.8 million or 5% of global turnover for corporations. Individuals can be liable for fines up to $1.38 million.

A central notion in the proposal is that the information in question must be “reasonably likely […] to cause or contribute serious harm”. Examples of this hopelessly rubbery concept are provided in the Guidance Note to the Bill. These include hatred targeting a group based on ethnicity, nationality, race, gender, sexual orientation, age, religion or physical or mental disability. It can also include disruption to public order or society. The example provided in the guidance suggests typical government paranoia about how the unruly, irascible populace might be incited: “Misinformation that encouraged or caused people to vandalise critical communications infrastructure.”

The proposed law will potentially enthrone the ACMA as an interventionist overseer of digital content. In doing so, it can decide what and which entity can be exempted from alleged misinformation practices. For instance, “excluded content for misinformation purposes” can be anything touching on entertainment, parody or satire, provided it is done in good faith. Professional news content is also excluded, but any number of news or critical sources may fall foul of the provisions, given the multiple, exacting codes the “news source” must abide by. The sense of that discretion is woefully wide.

The submission from the Victorian Bar Association warns that “the Bill’s interference with the self-fulfilment of free expression will occur primarily by the chilling self-censorship it will inevitably bring about in the individual users of the relevant services (who may rationally wish to avoid any risk of being labelled a purveyor of misinformation or disinformation).” The VBA also wonders if such a bill is even warranted, given that the problem has been “effectively responded to by voluntary actions taken by the most important actors in this space.”

Also critical, if less focused, is the stream of industrial rage coming from the Coalition benches and the corridors of Sky News, where Rupert Murdoch ventriloquises. Shadow Communications Minister David Coleman called the draft “a very bad bill” giving the ACMA “extraordinary powers. It would lead to digital companies self-censoring the legitimately held views of Australians to avoid the risk of massive fines.” Sky News has even deigned to use the term “Orwellian”.

Misinformation, squawked Coleman, was defined so broadly as to potentially “capture many statements made by Australians in the context of political debate.” Content from journalists “on their personal digital platforms” risked being removed as crudely mislabelled misinformation. This was fascinating, u-turning stuff, given the enthusiasm the Coalition had shown in 2022 for a similar muzzling of information. Once in opposition, the mind reverses, leaving the mind to breathe.

The proposed bill on assessing, parcelling and dictating information (mis-, dis-, mal-) is a nasty little experiment in censoring communication and discussion. When the state decides, through its agencies, to tell readers what is appropriate to read and what can be accessed, the sirens should be going off.

 

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Predictable Outcomes: Australia, the National Security Committee, and invading Iraq

Archivists can be a dull if industrious lot. Christmas crackers are less important than the new year announcement in Canberra, when the National Archives of Australia releases documents like the newborn into the information world. The event is not without irony, given that such documents are often aged and seasoned numbers, whiskered by storage and grey with cataloguing.

On January 1, the NAA diligently followed a long-standing convention of releasing a stash of cabinet documents running into 240 from the Howard government, a period in Australian history when finance ruled with raffish vulgarity, and critical adventurers of conscience were anesthetised and told to get a mortgage. John Howard, Australia’s dull, waxwork prime minister, reminded his voters that Australia’s links to Asian countries were less important than the sigh-heavy attention from Washington.

What was particularly interesting in this disgorging of material was the focus on Australia’s foolish, negligent and even criminal contribution to the war on Iraq in 2003. Even more interesting was how little the files said about the reasons for Australia’s commitment to the invasion. Much of this was occasioned by the omission of 78 records that would otherwise have been in the original 2020 transfer to the archives.

Canberra is the city of smudged politicians, unnervingly clean air and endless meetings, but the omission of documents troubled Australia’s Prime Minister, Anthony Albanese, given that they concerned the invasion. He even went so far as to order an inquiry. In true capital fashion, it was done with reserve and caution, the broom being of the “one of us” school. Dennis Richardson, former director of the Australian Secret Intelligence Organisation (ASIO) and former head of the Department of Foreign Affairs and Trade (DFAT), not to mention being on the government’s retainer as a consultant, became the broom in question.

In subsequent recommendations as to why the omission of the documents had taken place, Richardson advanced the less than controversial thesis that the NAA include documents from the National Security Committee (NSC), a fixture of the Howard government.

On March 14, the Archives, as if prodded, released certain NSC documents relevant to the Iraq invasion. In the incomplete release, Australia as empire’s obedient, perfumed appendage becomes almost ridiculously evident. On January 10, 2003, the Defence Minister Robert Hill, along with the defence force chief, identified the need for deploying some personnel from the Australian Defence Force within a month “on the likely time-frame for possible military action against Iraq” as indicated by US Central Command. The meeting also reveals that ADF forward units were already designated from a list agreed upon by the NSC on August 26 and December 4, 2002. The thrill for imminent war was palpable.

Howard, at the same meeting, promised that committing ADF forces required the consideration of all cabinet members, also noting that he had “foreshadowed to the governor-general the general direction of steps under consideration by the government in relation to Iraq.” But the governor-general of the time, the eventually doomed Peter Hollingworth, was subsequently told by the prime minister that involving him in the decision to invade Iraq was needless; the ADF could be deployed under the provisions of the Defence Act.

A minute dated March 18, 2003 makes mention of the full cabinet’s authorisation of the invasion, though hardly anything else. There is, however, a submission from the defence minister “circulated in the cabinet room on 17 and 18 March” intended to convince cabinet on possible military operations in Iraq. In anticipation of a formal request to commit troops, the ADF had already been authorised to pursue “prudent contingency planning” on the matter. The two stated war aims of Washington are outlined (vassal, take note): “regime change” and crippling Iraq’s “delivery of weapons of mass destruction (WMD).” On this point, the Howard government dawdles, if ever so slightly, notably on the issue of regime change, admitting, ultimately, that “this may be a desirable, even inevitable, outcome of military action.”

The now infamous memorandum of advice authored by the first assistant secretaries of the Department of Foreign Affairs and Trade and the Attorney-General’s department is also to be found. The memorandum offers the shakiest of justifications for invading Iraq, also drawing from unsubstantiated reasons from their UK counterparts. It was subsequently and rightly excoriated by an irate Gavan Griffith, the then unconsulted Solicitor-General. Not only were both bits of legal advice “entirely untenable”, they were also “arrant nonsense”, furnishing “no threads for military clothes.” Nothing from President George W. Bush’s remarks had revealed any desire “to clothe American action with the authority of the Security Council.” Thuggish unilateral action seemed the order of the day.

For Griffith, certain omissions were almost unpardonable. What, for instance, of such authorities as Canberra’s veteran authority, Henry Burmester, the former head of the Office of International Law, subsequently appointed Chief Counsel of the AG’s department. Or for, that matter, of the now late James Crawford of Cambridge University, commonly retained for the giving of advice on international law. Cautious experience had been elbowed out in favour of the gun.

The latest documents from the NSC are more sleet than snow. They do confirm that the parliamentary system, more than ever, should be involved in reining in the wild impulses of war makers. In the meantime, drawing up an indictment for Howard to stand trial in the International Criminal Court is overdue. The same goes for a number of his cabinet. We would not want them to go stale before justice.

 

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Siding with Spotify: The European Commission Fines Apple

It will come as little surprise that colossal Apple has been favouring its own music streaming service in snuffing and stuffing competitors. The company, it has been alleged, has prevented app developers from informing users of less expensive methods to purchase subscriptions outside the scope of Apple’s own services. Its cosmos was all.

Central to these claims is the ongoing battle between Apple and the Swedish music streaming service, Spotify, a largely amoral gladiatorial encounter of drain, pinch and seizure that saw the latter draw customers away from Apple’s iTunes. Territorial skirmishes have ensued over the years, with gains and losses evident on both sides. In 2015, Apple’s release of its own streaming service, Apple Music, enraged Spotify as an anticompetitive move. The tech behemoth, so the charge went, was able to undercut the prices of competitors as it could avoid paying the same App Store fees as others.

Not to worry. Spotify initiated its own assault (paywalled) in 2019, marked by disbursing US$500 billion worth of funds at podcast start-ups, in the process acquiring such outfits as Gimlet and Anchor. And as this was happening, a façade of decency was erected, keeping the battle between the two companies in boardrooms and backrooms.

Then came the tidal turn. Apple, along with the other apocalyptic agents of Big Tech, started becoming the source of much ire for politicians in the EU. The latest success by Spotify to convince the European Commission that Apple’s restrictions and fees imposed on developers wishing to list their apps in the App Store were too onerous, is merely one example of European disgruntlement.

Spotify’s 2019 filing with the European Commission against Apple’s practices was described by the company’s CEO and founder, Daniel Ek, as necessary so “that companies such as ours [can] operate in an ecosystem in which fair competition is not only encouraged, but guaranteed.” In his view, Apple’s introduction of various rules to the App Store had “purposely” limited choice and stifled innovation “at the expense of the user experience – essentially acting as both a player and referee to deliberately advantage other app developers.”

In its response at the time, Apple self-glorified, praising its own contribution to technological civilisation. Monopoly masquerading as benign, technological diversity is a form of reasoning familiar to all monopolists who tolerate competition on their terms. But for the company, Spotify had been less than clean on its dealings, “keeping all the benefits of the App Store ecosystem – including the substantial revenue that they draw from the App Store’s customers – without making any contributions to that marketplace.”

The European Commission was not to be convinced. The fine of 1.84 billion euros was imposed on Apple for its ban on developers from “fully informing iOS users about alternative and cheaper music subscription services outside of the app.” In a statement from the EU’s competition chief Margrethe Vestager, the company was said to have “abused its dominant position in the market for the distribution of music streaming apps through the App Store.” This was achieved “by restricting developers from informing consumers about alternative, cheaper music services outside the Apple ecosystem.”

Ek was delighted, suggesting that an industrious punter had gotten exactly what he wanted. Apple, in no uncertain terms, had “decided that they want to close down the internet and make it theirs, and they view every single person using an iPhone to be their user and they should be able to dictate what that user experience should be.” In this modern game of tech robber barons and conquistadores, mumbling about human experience is hardly convincing. The feeling here is that Spotify and Apple treat their user base as mice chasing cheese in a maze. Apple lacks the glint and shine of virtue, but Ek is not exactly a knight in brilliant, shining armour.

In a statement responding to the Commission finding, the crew at Apple were combative, surly and resentful. “The decision was reached despite the Commission’s failure to uncover any credible evidence of consumer harm and ignores the realities of a market that is thriving, competitive and growing fast.” Despite eight years of investigating Apple’s corporate conduct, no “viable theory” had been “yielded” on “explaining why Apple has thwarted competition in a market that is so clearly thriving.”

There were also barbed words reserved for Spotify, a company with “the largest music streaming app in the world”, and one engaged in “more than 65” meetings with the Commission “during this investigation.” While Apple’s treatment is hardly bound to exercise the tear ducts, there is something smelly about conduct verging on connivance on the European side of the bargain – in this case, of a patriotic, underhanded sort.

Apple also suggested that Spotify had been an App Store triumph, something they were always bound to say. “They have a more than 50 percent share of the European market, and on iOS, Spotify has an even higher share than they do on Android.” The European Commission, it was felt, had intended this as an effort to enforce the Digital Markets Act (DMA) ahead of it coming into force.

Other questions have also been asked. If one is really looking at an open internet concept (such an idea has always been a glorious fancy and a deceiving fluff), the feeling that Spotify has been aided by a regulator in terms of its own market arrangements is hard to dispel. “Ironically, in the name of competition,” claims Apple, the “decision just cements the dominant position of a successful European company that is the digital music market’s runaway leader.” The mask of digital patriotism has been unmasked, and we await where the next blow will come from.

 

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Prejudicial Bans: Congress Tosses over TikTok

How delicious is political hypocrisy. Abundant and rich, it manifests in the corridors of power with regularity. Of late, there is much of it in the US Congress, evident over debates on whether the platform TikTok should be banned in the United States. Much of this seems based on an assumption that foreign companies are not entitled to hoover up, commodify and use the personal data of users, mocking, if not obliterating privacy altogether. US companies, however, are. While it is true that aspects of Silicon Valley have drawn the ire of those on The Hill in spouts of select rage, giants such as Meta and Google continue to use the business model of surveillance capitalism with reassurance and impunity.

In May 2023, the disparity of treatment between the companies was laid bare in a Congressional hearing that smacked the hands of Mark Zuckerberg and Sundar Pinchai with little result, while lacerating TikTok CEO Shou Zi Chew. “Your platform should be banned,” blustered Chair Cathy McMorris-Rodgers (R-WA) of the House Energy and Commerce Committee.

The ongoing concern, and one with some basis, is TikTok’s link with parent company ByteDance. Being based in China, the nexus with the authoritarian state that wields influence on its operations is a legitimate concern, given national security laws requiring the company to share data with officials. But the line of questioning proved obtuse and confused, revealing an obsession with themes resonant with McCarthyite hysteria. On several occasions, the word “communists” issued from the lips of the irate politicians, including regular references to the Chinese Community Party.

Alex Cranz, writing for The Verge, summarised the hectoring session well: “Between their obsession with communism, their often obnoxious and condescending tone, and the occasional assumption that Chew was Chinese, despite his repeated reminders that he is Singaporean, the hearing was a weird, brutal, xenophobic mess.”

TikTok, for its part, continues to tell regulators that it has taken adequate steps to wall off the data of its 150 million users in the US from ByteDance’s operations, expending US$1.5 billion in its efforts to do so. A January investigation by the Wall Street Journal, however, found that “managers sometimes instruct workers to share data with colleagues in other parts of the company and with ByteDance workers without going through official channels.” How shocking.

Cranz might have also mentioned something else: that the entire show was vaudevillian in its ignorance of US government practices that involved doing exactly what ByteDance and TikTok are accused of: demanding that companies share user data with officials. If he is to be forgotten for everything else, Edward Snowden’s 2013 disclosures on the National Security Agency’s collaboration with US telecom and internet companies on that point should be enshrined in posterity’s halls.

The PRISM program, as it was called, involved the participation of such Big Tech firms as Google, Facebook, YouTube and Apple in sharing the personal data of users with the NSA. Largely because of Snowden’s revelations, end-to-end encryption became both urgent and modish. “An enormous fraction of global internet traffic travelled electronically naked,” Snowden remarked in an interview with The Atlantic last year. “Now it is a rare sight.”

The US House of Representatives has now made good its threats against TikTok in passing a bill that paves the way for the possible imposition of a ban of the app. It gives ByteDance a six-month period of grace to sell its stake in the company, lest it face a nationwide block. Whether it passes the Senate is an open question, given opposition to it by certain Republicans, including presidential hopeful Donald Trump. Other politicians fear losing an invaluable bridge in communicating with youthful voters.

On March 13, however, the righteous were shining in confidence. The House’s top Democrat, Hakeem Jeffries, claimed that the bill would lessen “the likelihood that TikTok user data is exploited and privacy undermined by a hostile foreign adversary” while Wisconsin Republican Mike Gallagher declared that the US could no longer “take the risk of having a dominant news platform in America controlled by a company that is beholden to the Chinese Communist Party.” The subtext: best leave the despoiling and abuse to US companies.

The blotted copybooks of such giants as Meta and Google have tended to only feature in morally circumscribed ways, sparing the model of their business operations from severe scrutiny. On January 31, the Senate Judiciary Committee gave a farcical display of rant and displeasure over the issue of what it called “the Online Child Exploitation Crisis.” Pet terrors long nursed were on show: the mania about paedophiles using social media platforms to stalk their quarry; financial extortion of youth; sexploitation; drug dealing.

Senator Josh Hawley (R-MO) made much of Zuckerberg on that occasion, but only as a prop to apologise to victims of Meta’s approach to child users. The Meta CEO has long known that such palliative displays only serve as false catharsis; the substance and rationale of how his company operations gather data never changes. And the show was also all the more sinister in providing a backdrop for Congressional paranoia, exemplified in such proposed measures as the Kids Online Safety Act (KOSA).

The Electronic Frontier Foundation has rightly called KOSA a censorship bill which smuggles in such concepts as “duty of care” as a pretext to monitor information and conduct on the Internet. The attack on TikTok is ostensibly similar in protecting users in the US from the prying eyes of Beijing’s officials while waving through the egregious assaults on privacy by the Silicon Valley behemoths. How wonderfully patriotic.

 

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Matters of Revenue: Meta Abandons Australia’s Media Stable

It was praised to the heavens as a work of negotiated and practical genius when it was struck. The then Australian treasurer, Josh Frydenberg, had finally gotten those titans of Big Tech into line on how revenue would be shared with media outlets for using such platforms as supplied by Facebook and Google.

Both companies initially baulked at the News Media Bargaining Code, which led to a very publicised spat between Facebook and the Morrison government. For a week in February 2021, users of Facebook in Australia were barred from sharing news. A number of government agencies, trade unions, media groups and charities found the restrictions oppressive.

Amendments were eventually made to the Code to make matters more palatable to the tech behemoths, notably on the arbitration mechanism and their algorithmic use of ranking news. Revenue sharing agreements with various media outlets were struck, most notably with members of the standard stable, including the Australian Broadcasting Corporation and News Corp. With a degree of perversity, traditional news publications could now receive revenue for using free sharing platforms, having failed to address their own stuttering revenue models. (The fall in advertising revenue has been particularly punishing.)

With a jackal’s glee, Rupert Murdoch could claim to have made a fiendish pact with Facebook to prop up parts of his ailing News Corp empire, leaving Facebook’s approach to surveillance capitalism unchecked and uncritiqued.

Such agreements on sharing news were always conditional on continued approval by Facebook, which is now operating under the rebrand of Meta. Various countries have similarly tried to compel digital platforms to pay for news content that they permit, freely, to be shared. It is also clear that Meta is particularly keen to deprecate them and eventually let them lapse.

In February, a statement from Meta made it clear that these arrangements would not be renewed. “The number of people using Facebook News in Australia and the US has dropped by over 80% last year. We know that people don’t come to Facebook for news and political content – they come to connect with people and discover new opportunities, passions and interests.”

Such jaw dropping observations would have surprised users who have foolishly made Facebook a central pitstop in their news journey – and what counts as “news” in the narrow, arid world of Meta CEO Mark Zuckerberg. But according to Meta, news made up less than 3% of what people saw on their Facebook feed in 2023.

Meta’s public declaration of intent threatens various media companies with significant loss. In Australia, Nine Entertainment, Seven West Media and News Corp risk losing between 5 and 9% of net profit.

The entire field of revenue sharing between the digital platforms and media groups has been opaque. The Australian Financial Review managed to obtain two summaries of agreements signed by the Australian Network Ten, owned by Paramount, and Facebook, shedding some light on negotiation strategies. For the social media giant, videos are all the rage, and one of the summaries notes the insistence by Facebook that Network Ten share 18,000 videos on its platform while threatening termination of its contract in the event it was taken to arbitration.

The Albanese government, through Communications Minister Michelle Rowland and Assistant Treasurer Stephen Jones, described Meta’s decision to halt paying news outlets “a dereliction of its commitment to the sustainability of Australian news media.” But to have assumed it ever had such a commitment was surely naïve to begin with.

Michael Miller, Executive chairman of News Corp Australia, could not resist his own flourish of disingenuous exaggeration. “If content providers were farmers Meta would steal their crops and demand their victims thank them for the privilege.” Meta’s refusal to pay for news would create “shockwaves for Australia, our democracy, economy and way of life.” The vital question here is what, exactly, are these agreements doing?

For one thing, the Bargaining Code, which never stipulated how the money would be used, has done nothing to enliven a media scape that remains imperially confined to a handful of providers. A conspiracy of convenience arose between one set of giants furnishing the digital platforms, with another of giants claiming to provide the news. Smaller outlets have had little say in these arrangements. Facebook, for instance, showed no interest in reaching revenue sharing arrangements with the SBS broadcaster or The Conversation. And to consider such representatives as News Corp sterling examples of democratic protection is a view not only misplaced but deserving of ridicule.

The ABC’s Managing Director, David Anderson, has at least admitted that funding obtained through its arrangements with Meta has been useful in supporting 60 journalists. News Corp, Nine Entertainment and Seven News Media have been less than forthcoming, ever keen using the shield of commercial confidentiality. In terms of employees, Nine Entertainment reported a fall in the number of employees from 5254 at the end of the 2022 financial year to 4753 at the end of 2023. “It is likely,” suggests Kim Wingerie in Michael West Media, “that the A$50 million or more they receive annually from Meta and Google is used predominantly to prop up their net profit.”

Meta’s promise to abandon agreements reached with the media hacks is no reason to be gloomy. The company’s loathing of privacy, its delight in commodifying the data of its users, and its insistence on tinkering with human behaviour, make it a continuing societal menace. Governments and news outlets would do far better in critiquing and challenging those aspects, rather than taking revenue that seems to silence the critical instinct.

 

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Aid Wars over Gaza: Resuming Funding to UNRWA

The steady and ruthless campaign by Israel to internationally defund the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), is unravelling. The lynchpin in the effort was a thin, poison pen dossier making claims that 12 individuals were Hamas operatives who had been involved in the October 7 attacks. Within a matter of days, two internal investigations were commenced, various individuals sacked, and US$450 million worth of funding from donor states suspended.

As the head of the agency, Philippe Lazzarini, explained at a press conference on March 4, he has “never been informed” or received evidence of Israel’s claims substantiating their assertions, though he did receive the prompt about the profane twelve directly from Israeli officials. Every year, both Israel and the Palestinian authorities were furnished with staff lists, “and I never received the slightest concern about the staff that we have been employing.”

Had Israeli authorities signed off on these alleged participants in bungling or conspiratorial understanding? Certainly, there was more than a pongy whiff of distraction about it all, given that Israel had come off poorly in The Hague proceedings launched by South Africa, during which the judges issued an interim order demanding an observance of the UN Genocide Convention, an increase of humanitarian aid, and the retention of evidence that might be used for future criminal prosecutions for genocide.

An abrupt wave of initial success in starving the agency followed, with a number of countries announcing plans to freeze funding. In the United States, irate members of Congress accused the agency of having “longstanding connections to terrorism and promotion of antisemitism.” A hearing was duly held titled “UNRWA Exposed: Examining the Agency’s Mission and Failures” with Richard Goldberg, a senior advisor of the Foundation for Defense of Democracies frothing at an agency that supposedly incited “violence against Israel, subsidizes US-designated terrorist organizations, denies Palestinians their basic human rights, and blocks the pathways to a sustainable peace between Israel and the Palestinians.”

The attempt to cast UNRWA into gleefully welcomed oblivion has not worked. Questions were asked about the initial figure of twelve alleged militants. News outlets began questioning the numbers.

The funding channels are resuming. Canada, for instance, approving “the robust investigative process underway”, also acknowledged that “more can be done to respond to the urgent needs of Palestinian civilians.” The initial cancellation of funding to the agency, charged Thomas Woodley, president of Canadians for Justice and Peace in the Middle East, had been “a reckless political decision that never should have been made.”

The Swedish government was also encouraged by undertakings made by UNRWA “to allow independent auditing, strengthen internal supervision and enable additional staff controls”, promising an initial outlay of 200 million kroner (US$19 million).

The Minister for International Development Cooperation and Foreign Trade, Johan Forssell, promised that it would “monitor closely to ensure UNRWA follows through on what it has promised.” Aid policy spokesperson for the Christian Democrats, Gudrun Brunegård, also conceded that, given the “huge” needs on the part of the civilian population, that UNRWA was “the organisation that is best positioned to help vulnerable Palestinians.”

Much the same sentiment was expressed by the European Union, with the Commission agreeing to pay 50 million euros to UNRWA from a promised total of 82 million euros on the proviso that EU-appointed experts audit the screening of staff. “This audit,” a European Commission statement explains, “will review the control systems to prevent the possible involvement of its staff and assets in terrorist activities.” Having been found wanting in her screeching about-turn, the European Commission president Ursula von der Leyen insisted that the EU stood “by the Palestinian people in Gaza and elsewhere in the region. Innocent Palestinians should not have to pay the price for the crimes of [the] terrorist group Hamas.”

Commissioner Olivér Várhelyi was stiffly bureaucratic in expressing satisfaction at “the commitment of UNRWA to introduce robust measures to prevent possible misconduct and minimise the risk of allegations.” At no point was Israel’s own contribution to the calamity, and its insatiable vendetta against the agency, mentioned.

The bombast and blunder of the whole effort by Israel was further discoloured by claims that UNRWA staff had been victims of torture at the hands of the IDF in drafting the dossier. In a statement released by the agency, a grave accusation was levelled: “These forced confessions as a result of torture are being used by the Israeli Authorities to further spread misinformation about the agency as part of attempts to dismantle UNRWA.” In doing so, Israel was “putting our staff at risk and has serious implications on our operations in Gaza and around the region.”

For its part, the IDF, through a statement, claimed that this was all exaggerated piffle: “The mistreatment of detainees during their time in detention or whilst under interrogation violates IDF values and contravenes IDF [sic] and is therefore absolutely prohibited.”

Increasingly on the losing side of that battle, Israeli authorities decided to cook the figures further, declaring with crass confidence that 450 URWA employees in Gaza were members of militant groups including Hamas. Sticking to routine, those making that allegation decided that evidence of such claims was not needed. Those employees, claimed Rear Adm. Daniel Hagari, “are military operatives in terror groups in Gaza”. “This was no coincidence. This is systematic. There is no claiming, ‘we did not know’.”

In the fog of war, mendacity thrives with virile vigour; but the current suggestion on the part of various donor states is that the humanitarian incentive to ameliorate the suffering of the Gaza populace has taken precedence over Israel’s persistently lethal efforts. That, at least, is the case with certain countries, leaving the doubters starkly exposed.

 

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The Campaign to Free Assange: Reflections on ‘Night Falls’

The town hall meeting is the last throbbing reminder of the authentic demos. People gather; debates held. Views converge; others diverge. Speakers are invited to stir the invitees, provoke the grey cells. Till artificial intelligence banishes such gatherings, and the digital cosmos swallows us whole, cherish these events.

And there was much to cherish about Night Falls in the Evening Lands: The Assange Epic, part of a global movement to publicise the importance of freeing WikiLeaks founder, Julian Assange, who remains in the forbidding confines of Belmarsh Prison in London. Held on March 9 in Melbourne’s Storey Hall, it was a salutatory minder that the publisher’s plight has become one of immediate concern. Worn down by judicial process and jailed by a US surrogate power, he faces a vicious political indictment of 17 charges focused on the Espionage Act of 1917 and one on computer intrusion. A UK High Court appeal on the matter of extradition hangs in the balance.

The thematic nature of such events can be challenging. One should never be too gloomy – and in Assange’s case, be it in terms of health, torture, injustice and pondered attempts by US intelligence officials to take his life or kidnap him – there is much to be gloomy about. Bleakness should be allowed, but only in modest, stiff doses. Try, as far as you can, to inject a note of encouraging humour into proceedings. Humour unsettles the tyrannically inclined, punctures the ideologue’s confidence. Then reflect, broadly, on the astonishing legacy on the subject and ask that vital question: Where to now?

The sessions, superbly steered through by Mary Kostakidis (“Try to avoid lengthy preambles to your questions, please”), covered a fanned out universe: the nature of “imperial law” and extra-territorial jurisdiction; the stirring role of WikiLeaks in exposing state atrocities; the regenerative tonic Assange had given to an ungrateful, envious Fourth Estate; the healthy emergence of non-mainstream media; and the tactics necessary to convince politicians that the publisher’s release was urgently warranted.

Two speakers were spear-sharp on both the legacy of Assange and what had to be done to secure his release. The Greek former finance minister and rabble-rousing economist, Yanis Varoufakis, was encouraging on both scores. A picture of pugilistic health, Varoufakis pondered “what Julian had taught” him. People forget, Varoufakis reminded his audience, Assange’s genius as one of the original cypherpunks, able to build a website that has managed to weather hacking storms and stay afloat in treacherous digital waters. Whistleblowers and leakers could be assured of anonymous contributions to the WikiLeaks website.

He was also impressed by the man’s towering, almost holy integrity. As much as they disagreed, he recalled, “and as much as I wanted to throttle the man”, he brimmed with intellectual self-worth and value. On the subject of revealing his sources, quite contrary to the spirit and substance of the US indictment, Assange was scrupulous to a fault. To betray any would endanger them.

Most movingly, Varoufakis reflected on his own intellectual awakening when reading Assange’s meditations on the internet; how it might, just might, fracture the imperium of information guarded so closely by powerful interests. Finally, the common citizenry would have at their disposal the means of returning the serve on spying and surveillance. The digital mirror would enable us to see what they – the state operatives, their goons and their lickspittle adjutants – could see about us. This was as significant to Varoufakis as George Orwell’s 1984 and Aldous Huxley’s Brave New World, books he read with some anxiety during the days of Greece’s military junta.

On the nature of power – in this case, the menace posed by the US imperium – Australia had to be break free and embrace non-alignment. With characteristic flavour, Varoufakis characterised Washington’s exertion of influence over its satellite states as that of a mafia gang: “They manufacture insecurity in order to sell protection.” It was a brilliant formulation and goes to the centre of that infantile desire of Australian policy makers to endorse AUKUS, a dangerous military compact with the US and the UK that will mortgage the country to the sum of A$368 billion.

Even assuming that this arrangement would remain in place, those in the nation’s capital, including Prime Minister Anthony Albanese, had to ask the fundamental question on Assange. “Make it a condition of AUKUS that Assange returns to Australia,” insisted Varoufakis. “And the powerful will respect you even if you disagree with them.” To date, the PM had been a sore disappointment and hardly likely to be respected, even by the near comatose US President Joe Biden.

Virility, however, may be returning. That theme was evidenced in the sharp address from Greg Barns, a seasoned barrister and campaign strategist who has been involved in the WikiLeaks journey since 2012. While drawing attention to the outrageous assertion of extra-territorial jurisdiction by Washington to target Assange, he saw much promise in the political dawn in Canberra. A few years ago, he would never have envisaged being in a room where the Australian Greens leader, Adam Bandt, would be seated next to a fossil fuel advocate and Nationals senator, Matthew Cannavan. “Beside Mr Green sat Mr Coal.” Their common purpose: Assange’s release and the termination of a state of affairs so unacceptable it is no longer the talk of academic common rooms and specialist fora.

For the audience and budding activists, Barns had sound advice. Pester local political representatives. Arrange meetings, preferably in groups, with the local member. Remind them of the significance of the issue. “Make it an alliance issue.” There is nothing more worrying to a backbencher than concerned “traffic” through the electoral office that suggests a shift in voter sentiment. “I will bet good odds that the treatment of Assange has made it into party room discussions,” declared Barns with certitude.

In closing, Assange’s tireless father, John Shipton, washed his audience with gentle, meditative thoughts. Much like a calming shaman, he journeyed through some of the day’s themes, prodding with questions. Was AUKUS a bribe? A tribute? A payment for knowledge? But with optimism, Shipton could feel hope about his son: “Specks of gold” had formed to stir consciousness in the executive. Those in power were at long last listening.

 

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Aiding Those We Kill: US Humanitarianism in Gaza

The spectacle, if it did not say it all, said much of it. Planes dropping humanitarian aid to a starving, famine-threatened populace of Gaza (the United Nations warns that 576,000 are “one step from famine”), with parachuted packages veering off course, some falling into the sea. Cargo also coming into Israel, with bullets, weaponry and other ordnance to kill those in Gaza on the inflated premise of self-defence. Be it aid or bullets, Washington is the smorgasbord supplier, ensuring that both victims and oppressors are furnished from its vast commissary.

This jarring picture, discordant and hopelessly at odds, is increasingly running down the low stocks of credibility US diplomats have in either the Israel-Hamas conflict, or much else in Middle Eastern politics. Comments such as these from US Vice President Kamala Harris from March 3, made at Selma in Alabama, illustrate the problem: “As I have said many times, too many innocent Palestinians have been killed. And just a few days ago, we saw hungry, desperate people approach aid trucks, simply trying to secure food for their families after weeks of nearly no aid reaching Northern Gaza. And they were met with gunfire and chaos.”

Harris goes on to speak of broken hearts for the victims, for the innocents, for those “suffering from what is clearly a humanitarian catastrophe.” A forced, hammed up moral register is struck. “People in Gaza are starving. The conditions are inhumane. And our common humanity compels us to act.”

It was an occasion for the Vice President to mention that the US Department of Defense had “carried out its first airdrop of humanitarian assistance, and the United States will continue with these airdrops.” Further work would also be expended on getting “a new route by sea to deliver aid.”

It is only at this point that Harris introduces the lumbering elephant in the room: “And the Israeli government must do more to significantly increase the flow of aid. No excuses.” They had to “open new border crossings”, “not impose any unnecessary restrictions on the delivery of aid” and “ensure humanitarian personnel, sites, and convoys are not targeted.” Basic services had to be restored, and order promoted in the strip “so more food, water, and fuel can reach those in need.”

In remarks made at Hagerstown Regional Airport in Maryland, President Joe Biden told reporters that he was “working with them [the Israelis] very hard. We’re going to get more – we must get more aid into Gaza. There’s no excuses. None.”

In a New Yorker interview, White House National Security spokesman John Kirby keeps to the same script, claiming that discussions with the Israelis “in private are frank and very forthright. I think they understand our concerns.” Kirby proceeds to fantasise, fudging the almost sneering attitude adopted by Israel towards US demands. “Even though there needs to be more aid, and even though there needs to be fewer civilian casualties, the Israelis have, in many ways, been receptive to our messages.”

The other side of this rusted coin of US policy advocates something less than human. The common humanity there is tethered to aiding the very power that is proving instrumental in creating conditions of catastrophe. The right to self-defence is reiterated as a chant, including the war goals of Israel which have artificially drawn a distinction between Hamas military and political operatives from that of the Palestinian population being eradicated.

Harris is always careful to couple any reproachful remarks about Israel with an acceptance of their stated policy: that Hamas must be eliminated. Hamas, rather than being a protean force running on the fumes of history, resentment and belief, was merely “a brutal terrorist organization that has vowed to repeat October 7th again and again until Israel is annihilated.” It had inflicted suffering on the people of Gaza and continued to hold Israeli hostages.

Whatever note of rebuke directed against the Netanyahu government, it is clear that Israel knows how far it can go. It can continue to rely on the US veto in the UN Security Council. It can dictate the extent of aid and the conditions of its delivery into Gaza, which is merely seen as succour for an enemy it is trying to crush. While alarm about shooting desperate individuals crowding aid convoys will be noted, little will come of the consternation. The very fact that the US Airforce has been brought into the program of aid delivery suggests an ignominious capitulation, a very public impotence.

Jeremy Konyndyk, former chief of the USAID’s Office of Foreign Disaster Assistance during the Obama administration gives his unflattering judgment on this point. “When the US government has to use tactics that it otherwise used to circumvent the Soviets and Berlin and circumvent ISIS in Syria and Iraq, that should prompt some really hard questions about the state of US policy.”

In his remarks to The Independent, Konyndyk finds the airdrop method “the most expensive and least effective way to get aid to a population. We almost never did it because it is such an in-extremis tool.” Even more disturbing for him was the fact that this woefully imperfect approach was being taken to alleviate the suffering caused by an ally of the United States, one that had made “a policy choice” in not permitting “consistent humanitarian access” and the opening of border crossings.

Even as this in extremis tool is being used, US made military hardware continues to be used at will by the Israel Defence Forces. The point was not missed on Vermont Democratic Senator Peter Welch: “We have a situation where the US is airdropping aid on day one, and Israel is dropping bombs on day two. And the American taxpayer is paying for the aid and the bombs.”

The chroniclers of history can surely only jot down with grim irony instances where desperate, hunger-crazed Palestinians scrounging for US aid are shot by made-in-USA ammunition.

 

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A Wishful Gamble: Rugby League in Las Vegas

The history of such experiments is not promising. Why would those in the US like the game of rugby league, when an established code of superficial similarity already exists? Fundamental differences, for one thing, abound. The US NFL Superbowl tries to keep blood and violence off the pitch. Force, when exercised, is chivalric, the moves ceremonially packaged. Such contests are astonishingly contained, hemmed in by a distinct netting of protocol and protections. These US padded gladiators remain calm, composed and, when irate, kept within the confines of expected conduct.

Rugby league extols speed, the violent tackle, the brutish push, the military assault. Heads are often confused for balls. Punches fly, tempers fray. Unlike the NFL, the Australian NRL (National Rugby League) offers up a thuggish spectacle: combatants with no padding, unhelmeted heads, and no visible protective gear to speak of. Undeterred, the NRL mandarins were hoping to nab a US audience by opening the season in Las Vegas, a move that has been promoted with aggressive enthusiasm by Australian Rugby League Commission chairman Peter V’landys. This is all a bit rich, given that the code has barely made it, even after a century, beyond the states of New South Wales and Queensland.

The chairman’s reasoning for pursuing the Vegas dream is not just the glitz, the glamour or the lucrative market that supposedly awaits. It’s intended as a blow against other Australian sporting codes trying to move into the US market. The Australian Football League, for instance, has borne the brunt of V’landys’s mockery. “Because they don’t have the right-sized field in Las Vegas, the AFL couldn’t do it,” he states. Like Christopher Columbus, he envisages a viral conquest. “Ironically, if we’re successful, it will open up for all sports in Australia. If we get tens of millions of dollars of new revenues, I don’t care if they also chase it. Good luck to them.”

In such ventures, the players are not necessarily the best equipped to respond. But respond to this experiment, they did. “That’s what the NRL are trying to right? Bring this game to America,” said that green salad wonder and, it so happens, Manly captain Daly Cherry-Evans. “I was pretty hopeful this was going to be the turnout.”

Well and good but wait for what follows. “It’s great to see all the Australians here.” Given that that Cherry-Evans took a little trip out of Australia to promote a game for those who are not Australians, the captain seems to come across as nobly thick and hopeful. “They’re obviously promoting it just as much as we as players. If we can spark the interest of the Americans, that’s the job done.” For whom, pray?

Illusion in Las Vegas has a celestial pull. Its crown glistens, defies time, rejects reality. You go there to lose it, and much else. It produces such gurgling wishful thinking as that of the Brisbane Broncos captain Adam Reynolds: “It’s unbelievable, it’s got a bit of the grand final feel about it with all the build-up.” Hardly, but Reynolds has hit a vein of self-assurance. “There’s a lot of Broncos fans here, you could definitely feel the atmosphere when they mentioned our names. It’s exciting to just get out there and start playing.” Was Reynolds confusing the fanbase with Australians who had made it to the event? Probably.

Hollywood star Russell Crowe, who is also part owner of the South Sydney Rabbitohs, has been roped in to advertise the game to NFL traditionalists. His message to them, posted as a YouTube video, is a valiant if not overly convincing effort to explain the rules: “rugby league is footfall – but maybe not as you know it.” For one thing, there are “no helmets, no pads.”

A broader, less noble motivation is also at play here. In Australia, gambling advertising and promotion have been anathematised by politicians and activists, despite the fact that 73% of Australian adults like a punt. Best, then, to consider such options as the US, where the wagering industry is burgeoning.

Dreams are being entertained about partnering with a dedicated sports wagering provider, which will be able to purchase the broadcast rights for customers wishing to bet on rugby league. The game, argues V’landys, is a perfect fit “because it has so many exotic bets.” But to suggest that US punters will wager on a sport they do not understand over baseball and basketball, which take place during the NRL season, is to wander in the realms of fantasy.

Australian journalists, eager to take the pulse of American reactions, were on the ground to gauge responses to the first rugby league displays at Allegiant Stadium. The task was complicated by the sheer numbers of Australian fans. One Robert “Bojo” Ackah, a Nevada native, was taken by how “fast” and “hard hitting” the game was. “I feel like these guys are really a bit out of their mind, but at the same time these guys are very athletic and skilled.” An unnamed Las Vegas Raiders fan observed that, “These guys make the NFL look soft.” Sheer music to the ear of any eager Australian sports scribbler.

On the other hand, a stiff corrective was offered by former Australian cricketer, Colin Miller, who has been a resident of Las Vegas for two decades. Despite the slushy, optimistic courage in Australian press and media outlets claiming a monumental advertising campaign in Nevada and other parts of the US, Miller was left cold. “I have not seen much publicity for the rugby games,” came the dampening remark.

The US has found, much to its cost and others, that exporting its own political system does not work. The principle applies to certain sports uniquely grown in soils of certain flavour and environments of certain temper. The Australians should have learned that certain codes rarely take root in the stubborn terrain of such countries as the United States. This has also worked in reverse. Markets established are often markets impervious, and tradition will have its powerful say.

 

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