EXPERT PERSPECTIVE — A meeting – albeit virtual – between President Joe Biden and Chinese President Xi Jinping finally happened.  It was a cordial and reportedly candid exchange that hopefully cooled some of the tension between the U.S. and China.

President Biden captured the essence of the meeting with his concern that this tension “does not veer into conflict, whether intended or unintended.”  President Xi said, “China and the U.S. need to increase communications and cooperation” and “respect each other and coexist in peace.”

It’s hard to believe that in 1979, when formal U.S. – China diplomatic relations were established, Chinese President Deng Xiaoping looked to the U.S. as the country that would provide the investment, technology, and unlimited access to our best universities.  And the U.S. didn’t disappoint.  Investment and sophisticated technology flowed to China, with hundreds of thousands of Chinese students enrolling in our universities.  Strategic bilateral cooperation initially contributed to the defeat of the Soviet Union in Afghanistan, with joint efforts to address international terrorism and nuclear proliferation.

So, during the span of forty-two years, relations have gone from close economic and strategic cooperation to a concern about conflict, intended or unintended.  Understandably, scholars will spend considerable time analyzing what went wrong. 

What is important now is that U.S. – China relations move in a more positive direction.  That tension over China’s aggression against Taiwan, the militarization of islands and reefs in the South China Sea, internment camps for Uyghurs in Xinjiang, the national security law in Hong Kong that suppresses democratic protests and the theft of intellectual property all must be candidly discussed by our diplomats and leaders to avoid misunderstanding and accidental conflict.

President Biden said Washington continues to have a “one China” policy and “opposes unilateral efforts to change the status quo.”  President Xi reportedly said, “Beijing will take decisive measures if the pro-Taiwan independence movement crosses a red line.”

The three communiques and the Taiwan Relations Act of 1979 specifically states that, inter alia, “the United States decision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means; to consider any effort to determine the future of Taiwan by other than peaceful means, including by boycotts or embargoes, is a threat to the peace and security of the Western Pacific area and of grave concern to the United States.”

The challenge for the U.S. and China is to address Taiwan and a myriad of other irritants in the bilateral relationship to ensure that no one issue, or series of issues leads to conflict.  Toning down the rhetoric and pursuing a policy of substantive and sustained communications, especially by our diplomats, would be a necessary first step.


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The annual Economic and Strategic Dialogue with China, led by the heads of State Department and Treasury and their counterparts in Beijing was established to oversee progress in addressing these and other challenging issues.  A forum of this type, with announcements to ensure that the public is kept apprised of the issues and the work being done to resolve these issues, is of value, only if this dialogue is substantive and not just ceremonial.

This virtual presidential summit can be transformative if, in addition to addressing these and other irritants, it also addresses the opportunity to cooperate on a multitude of geopolitical issues that affect the security of the U.S. and China – and the world.

I’ll start with the nuclear issue and the fact that there’s minimal dialogue with China on its nuclear program.  And given recent reporting on the three sites in China with the construction of hundreds of missile silos and the recent DIA report that China, by 2030, will have a nuclear arsenal of 1000 nuclear warheads is of concern.  Ideally, China should be part of New Start arms control negotiations with the U.S. and Russia.  But they previously refused to join in this or any other arms control dialogue.  At a minimum, China should be responsive to a dialogue with the U.S. on nuclear-related issues, to include their recent test of two hypersonic missiles.

A separate but equally important dialogue with China is on cyber, to ensure that the cyber domain is not weaponized and used against our private sector for economic advantage.  Also, to ensure that outer space is used exclusively for peaceful purposes.

There are a multitude of global issues requiring bilateral cooperation.  We recently saw some U.S. – China cooperation on climate change at the Glasgow COPS 26 UN Climate Change Conference.  Obviously, more must be done, but this is a positive first step.

Other issues, like North Korea can and should be addressed now.  China has unique leverage with a North Korea that relies on China for its economic survival.  China can use that leverage to get North Korea to return to negotiations and to convince the North that complete and verifiable denuclearization, in return for significant deliverables, is in North Korea’s interest.

With over five million global casualties and over 760,000 deaths in the U.S. due to COVID-19, it should be obvious that greater bilateral cooperation on this and future pandemics is necessary.


Go beyond the headlines with expert perspectives on today’s news with The Cipher Brief’s Daily Open-Source Podcast.  Listen here or wherever you listen to podcasts.


Bilateral cooperation on nuclear proliferation, countering international terrorism, the trafficking of narcotics and confronting international organized crime are just some of the global issues that affect the security of the U.S. and China and the global community.  Failure to cooperate on these and other international issues is not only a security imperative, but a moral responsibility of all great powers.

Finally, with the Taliban back in control in Afghanistan, the U.S. and China have a shared goal: ensuring that the Taliban does not permit Al Qaeda and other terrorist organizations to once again use Afghanistan as a base for its international terrorist operations. China has engaged this Taliban government and should use its significant financial leverage to ensure that all terrorist groups are permanently removed from Afghanistan.

Xi Jinping was just anointed by the Chinese Communist Party as one of its revered leaders, with Mao Zedong and Deng Xiaoping.  The Party congress next year will likely give Xi a third five-year term as the Party’s Secretary General.  There are a multitude of domestic issues requiring Xi’s and the Party’s attention, to include a campaign of “common prosperity” – addressing the disparity of wealth in a China governed by a capitalist system with Chinese characteristics.

Hopefully, President Xi Jinping will work with President Joe Biden to ensure that the two great powers, consumed with domestic issues, will also address the myriad of international issues requiring immediate and long-term attention and avoid a cold war that could veer into conflict.

Read more expert-driven national security insights, perspective and analysis in The Cipher Brief

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The European Union’s top court has ruled that Hungary’s 2018 law aimed at criminalizing aiding illegal immigrants who are claiming asylum violates the “rights safeguarded” by the bloc’s legislature.

The Hungarian legislation, passed in 2018, sought to punish anyone “facilitating illegal immigration” with a year in prison, under a bill dubbed the “Stop Soros” law. Hungary’s government justified it at the time by arguing that migrants illegally entering the country threatened its national security. 

In the ruling, handed down on Tuesday, the European Court of Justice declared that “criminalizing such activities impinges on the exercise of the rights safeguarded by the EU legislature in respect of the assistance of applicants for international protection.”

The EU’s advocate general, Athanasios Rantos, had urged the court to make such a judgement back in February, claiming the introduction of the legislation meant that “Hungary has failed to fulfil its obligations under the [bloc’s] Procedures Directive.”

It became known as the Stop Soros law after billionaire philanthropist George Soros became a vocal opponent of the Hungarian government’s opposition to migration. The administration, in turn, accused Soros of orchestrating migration to Europe, with the Open Society Foundation, run by the philanthropist, closing its operation in the country in response. 

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The towers of the European Court of Justice are seen in Luxembourg. © Reuters / Francois Lenoir
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Hungary, under the leadership of right-wing Prime Minister Viktor Orban, has repeatedly clashed with the EU in recent years over its strong stance on immigration and concerns from the bloc about threats to the rule of law in the country.

At the end of 2020, a dispute between Hungary and Poland and the EU risked derailing the bloc’s budget, as both member states were threatening to veto it over their view that the EU was attempting to interfere in their domestic affairs. Ultimately, the EU backed down, agreeing to a compromise with Budapest and Warsaw to ensure the budget secured the support of all 27 member states. 

Despite acknowledging the EU court’s ruling, Hungary’s government defended its right to challenge any foreign-funded non-government organizations that are attempting to “promote migration.”

“Hungary’s position on migration remains unchanged: Help should be taken where the problem is, instead of bringing the problem here,” Hungarian government spokesperson Zoltan Kovacs said, adding that the country will challenge outside entities “seeking to gain political influence and interference.”

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Germany has been plunged into a “nationwide state of emergency” because of its current high level of Covid infections, acting health minister Jens Spahn has said. He also refused to rule out further lockdowns.

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FILE PHOTO © Reuters / Kai Pfaffenbach
Germany sets ‘grim’ Covid record & eyes new curbs

The situation is serious, the dynamic is unbroken,” Spahn told a press conference Friday.

The incidence has increased fivefold in four weeks. We see sadly high values in the death rate. We are in a national emergency.”

Spahn refused to rule out the possibility of another lockdown, saying that, in such a drastic health situation, “we can’t rule anything out.”

The head of the Robert Koch Institute (RKI), Lothar Wieler, added to the gloomy picture by saying that “all of Germany is one big outbreak,” with an estimated half a million active Covid cases in the country – and numbers rising. For the third day in a row, more than 50,000 cases have been registered in the country, while the death toll in Germany since the start of the pandemic is above 98,700, according to figures compiled by the RKI.

Wieler added that, with many hospitals already overwhelmed, more should be done to tackle the spread of the virus. Besides obvious measures such as vaccination and wearing masks, he also suggested closing poorly ventilated bars.

On Thursday, lawmakers in the Bundestag approved new measures in the fight against coronavirus, including requirements to prove vaccination status, a negative test, or proof of recovery from infection before employees can access communal workspaces or use public transport. The measures will have to be passed by the upper house before they can take effect.

Neighboring Austria announced on Friday that it would enter full lockdown as of Monday, November 22.

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The stars of the Harry Potter films will reunite for a 20-year anniversary special on HBO, minus author JK Rowling. Fans and commenters wondered if Rowling’s absence had anything to do with her views on transgender issues.

‘Harry Potter and the Sorcerer’s Stone’ premiered 20 years ago this week, catapulting actors Daniel Radcliffe, Rupert Grint, and Emma Watson to superstardom. Warner Bros announced on Tuesday that the three stars – ​​as well as a whole range of supporting actors from the franchise – will travel back to Hogwarts for an “enchanting making-of story” airing on New Year’s Day, entitled ‘Harry Potter 20th Anniversary: Return to Hogwarts’. 

Conspicuously absent from the production is author JK Rowling. A Warner Bros’ press release made no mention of Rowling, and a lengthy Instagram post by actress Emma Watson thanked fans and fellow cast members, but also made no mention of Rowling, whom other Harry Potter actors said they “owe everything” to.

Rowling’s PR team did not comment on the author’s absence, and the Hollywood Reporter claimed that the author will only appear in the show in archival footage. 

Commentators online reckoned that Rowling had been canceled from the retrospective special due to her high-profile clashes with transgender activists. A self-described feminist, Rowling has spoken out against gender-neutral language, arguing that it “erases” the concept of sex and therefore the concept of womanhood. She has also stated that sex is a binary concept, and argued against gender-neutral bathrooms, claiming that by allowing men into women’s bathrooms, women are made less safe.

Rowling’s comments on gender issues generated intense backlash from LGBT organizations, and death and rape threats from the most zealous transgender ideologues online. Actors Daniel Radcliffe and Emma Watson also both spoke out against Rowling’s defense of biological sex last year, with Radcliffe declaring that “transgender women are women,” and apologizing to upset fans “for the pain [Rowling’s] comments have caused you.”

“Trans people are who they say they are and deserve to live their lives without being constantly questioned or told they aren’t who they say they are,” Watson chimed in.

Rowling has repeatedly stated that she is against anti-trans discrimination, but would not change her position on sex. “I refuse to bow down to a movement that I believe is doing demonstrable harm in seeking to erode ‘woman’ as a political and biological class and offering cover to predators like few before it,” she wrote last year.

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EXPERT PERSPECTIVE — On 16 June, US President Joe Biden and Russian President Vladimir Putin met for just under four hours in Geneva. This was Mr. Biden’s first meeting with Mr. Putin during his presidency and Biden is the fifth US President with whom Putin has held a summit.

Expectations for the summit were characterized as low by both sides in advance and assessed a bit more positively after the conclusion of the meeting. The meeting presented an opportunity for both leaders to present grievances and warnings to the other (and show toughness to their domestic constituencies).  Other than presenting the opportunity to blow off steam, the results of the meeting appear modest:  the agreement to return ambassadors to their posts, to resume bilateral arms control discussions, to conduct discussions on “strategic stability” and to hold unspecified consultations on cyber. In typical fashion, Mr. Putin rejected all of Mr. Biden’s assertions about Russian actions and made counter accusations referencing hostile US actions.

Of the deliverables from the summit, cyber will no doubt turn out to be the most problematic area for follow up. Mr. Biden apparently delivered to Mr. Putin a list of 16 US critical infrastructure sectors that should be considered “off limits” for cyberattacks, e.g., “red lines” not to be crossed without the risk of significant retaliation. For his part, Mr. Putin asserted that it is Russia that is the victim of cyberattacks originating from the territory of the US and it’s NATO partners and also is the victim of  attempts to interfere with Russian elections.  The challenge in cyber discussions going forward will center around three areas:  differing interpretations of the relevance of deterrence theory in today’s cyber environment, attribution, and control.

Mr. Biden’s firm comments to Mr. Putin on recent cyberattacks against the US such as the ransomware attack on Colonial Pipelines (Mr. Biden is said to have asked Mr. Putin how he would react if Russia’s pipelines were hit?) and his provision of a list of “off limits” US infrastructure entities suggests a deep belief in this administration that Russia can be deterred from engaging in future conduct of cyber operations against US targets or “sanctioning” attacks originating from the territory of the Russian Federation by criminal groups.

Unfortunately, it is highly likely that either Mr. Putin nor those who control the levers of Russian cyber operations agree that deterrence theory applies.  Deterrence only works when both sides know the other is capable of – and willing to – cause significant harm to the other.

The Russian side likely believes (and may have amply demonstrated) that the US is disproportionately vulnerable to cyber risk at every level of its economic, societal, and political infrastructure whereas Russia is not.  There is a reason the use of cyber tools has become a central feature of Russian strategic doctrine. They work and seem a legitimate tool that falls short of conventional war. Hybrid warfare using cyber tools, the Russian side would argue, is no different than the economic warfare Russia is experiencing from sanctions imposed by the US its allies.

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EXPERT PERSPECTIVE — A meeting – albeit virtual – between President Joe Biden and Chinese President Xi Jinping finally happened.  It was a cordial and reportedly candid exchange that hopefully cooled some of the tension between the U.S. and China.

President Biden captured the essence of the meeting with his concern that this tension “does not veer into conflict, whether intended or unintended.”  President Xi said, “China and the U.S. need to increase communications and cooperation” and “respect each other and coexist in peace.”

It’s hard to believe that in 1979, when formal U.S. – China diplomatic relations were established, Chinese President Deng Xiaoping looked to the U.S. as the country that would provide the investment, technology, and unlimited access to our best universities.  And the U.S. didn’t disappoint.  Investment and sophisticated technology flowed to China, with hundreds of thousands of Chinese students enrolling in our universities.  Strategic bilateral cooperation initially contributed to the defeat of the Soviet Union in Afghanistan, with joint efforts to address international terrorism and nuclear proliferation.

So, during the span of forty-two years, relations have gone from close economic and strategic cooperation to a concern about conflict, intended or unintended.  Understandably, scholars will spend considerable time analyzing what went wrong. 

What is important now is that U.S. – China relations move in a more positive direction.  That tension over China’s aggression against Taiwan, the militarization of islands and reefs in the South China Sea, internment camps for Uyghurs in Xinjiang, the national security law in Hong Kong that suppresses democratic protests and the theft of intellectual property all must be candidly discussed by our diplomats and leaders to avoid misunderstanding and accidental conflict.

President Biden said Washington continues to have a “one China” policy and “opposes unilateral efforts to change the status quo.”  President Xi reportedly said, “Beijing will take decisive measures if the pro-Taiwan independence movement crosses a red line.”

The three communiques and the Taiwan Relations Act of 1979 specifically states that, inter alia, “the United States decision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means; to consider any effort to determine the future of Taiwan by other than peaceful means, including by boycotts or embargoes, is a threat to the peace and security of the Western Pacific area and of grave concern to the United States.”

The challenge for the U.S. and China is to address Taiwan and a myriad of other irritants in the bilateral relationship to ensure that no one issue, or series of issues leads to conflict.  Toning down the rhetoric and pursuing a policy of substantive and sustained communications, especially by our diplomats, would be a necessary first step.


The Cipher Brief hosts private briefings with the world’s most experienced national and global security experts.  Become a member today.


The annual Economic and Strategic Dialogue with China, led by the heads of State Department and Treasury and their counterparts in Beijing was established to oversee progress in addressing these and other challenging issues.  A forum of this type, with announcements to ensure that the public is kept apprised of the issues and the work being done to resolve these issues, is of value, only if this dialogue is substantive and not just ceremonial.

This virtual presidential summit can be transformative if, in addition to addressing these and other irritants, it also addresses the opportunity to cooperate on a multitude of geopolitical issues that affect the security of the U.S. and China – and the world.

I’ll start with the nuclear issue and the fact that there’s minimal dialogue with China on its nuclear program.  And given recent reporting on the three sites in China with the construction of hundreds of missile silos and the recent DIA report that China, by 2030, will have a nuclear arsenal of 1000 nuclear warheads is of concern.  Ideally, China should be part of New Start arms control negotiations with the U.S. and Russia.  But they previously refused to join in this or any other arms control dialogue.  At a minimum, China should be responsive to a dialogue with the U.S. on nuclear-related issues, to include their recent test of two hypersonic missiles.

A separate but equally important dialogue with China is on cyber, to ensure that the cyber domain is not weaponized and used against our private sector for economic advantage.  Also, to ensure that outer space is used exclusively for peaceful purposes.

There are a multitude of global issues requiring bilateral cooperation.  We recently saw some U.S. – China cooperation on climate change at the Glasgow COPS 26 UN Climate Change Conference.  Obviously, more must be done, but this is a positive first step.

Other issues, like North Korea can and should be addressed now.  China has unique leverage with a North Korea that relies on China for its economic survival.  China can use that leverage to get North Korea to return to negotiations and to convince the North that complete and verifiable denuclearization, in return for significant deliverables, is in North Korea’s interest.

With over five million global casualties and over 760,000 deaths in the U.S. due to COVID-19, it should be obvious that greater bilateral cooperation on this and future pandemics is necessary.


Go beyond the headlines with expert perspectives on today’s news with The Cipher Brief’s Daily Open-Source Podcast.  Listen here or wherever you listen to podcasts.


Bilateral cooperation on nuclear proliferation, countering international terrorism, the trafficking of narcotics and confronting international organized crime are just some of the global issues that affect the security of the U.S. and China and the global community.  Failure to cooperate on these and other international issues is not only a security imperative, but a moral responsibility of all great powers.

Finally, with the Taliban back in control in Afghanistan, the U.S. and China have a shared goal: ensuring that the Taliban does not permit Al Qaeda and other terrorist organizations to once again use Afghanistan as a base for its international terrorist operations. China has engaged this Taliban government and should use its significant financial leverage to ensure that all terrorist groups are permanently removed from Afghanistan.

Xi Jinping was just anointed by the Chinese Communist Party as one of its revered leaders, with Mao Zedong and Deng Xiaoping.  The Party congress next year will likely give Xi a third five-year term as the Party’s Secretary General.  There are a multitude of domestic issues requiring Xi’s and the Party’s attention, to include a campaign of “common prosperity” – addressing the disparity of wealth in a China governed by a capitalist system with Chinese characteristics.

Hopefully, President Xi Jinping will work with President Joe Biden to ensure that the two great powers, consumed with domestic issues, will also address the myriad of international issues requiring immediate and long-term attention and avoid a cold war that could veer into conflict.

Read more expert-driven national security insights, perspective and analysis in The Cipher Brief

The post How to Avoid Cold War with China appeared first on The Cipher Brief.

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When the PRC decides to move on Taiwan, it is unlikely to move in a manner that makes a US decision on intervention clear cut.  Should China decide, initially at least, against a full-scale invasion of that island nation, it could instead opt to try to “win without fighting.” Beijing might do so by using its large, state-controlled fishing fleet to cut smaller Taipei-controlled islands off from Taiwan itself much as the PRC is now massing fishing boats to expand Chinese-controlled seas to press claims on the Japanese Senkakus and Whitsun Reef in Philippine waters. Chinese state-owned fisheries companies – part of the so-called ‘Maritime Militia’ – serve as fronts for PLA intelligence. Using their fleets to operate in a manner somewhere between peace and conflict in the gray zone of contested control around Taiwan would allow Beijing to test whether the US and its allies are willing to help defend the island’s independence without being seen to initiate open conflict.

“The Cipher Brief has become the most popular outlet for former intelligence officers; no media outlet is even a close second to The Cipher Brief in terms of the number of articles published by formers.” – Sept. 2018, Studies in Intelligence, Vol. 62 No.

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An adviser to the EU’s top court has claimed that citizens’ information in Germany is being illegally harvested, after telecom companies challenged bulk data collection.

The German data retention law was criticized on Thursday by an adviser to the Court of Justice of the European Union (CJEU), who stated that general and indiscriminate retention of traffic and location data is only allowed in exceptional cases, such as a threat to national security.

According to the adviser, bulk collection of data generates a ‘serious risk’ of leaks or improper access. It also entails a ‘serious interference’ with citizens’ fundamental rights to privacy and the protection of personal data.

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(FILE PHOTO) © REUTERS/Russell Cheyne
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This comes after two companies, SpaceNet and Telekom Deutschland, challenged the obligation to store their customers’ telecommunications traffic data in 2016. The Administrative Court of Cologne ruled that the two companies were not obliged to retain data because such an obligation violated Union law. Germany then appealed to the Federal Administrative Court, who asked the CJEU about the compatibility of the data retention obligation.

The CJEU has often stated that indiscriminate mass surveillance does not fit within the general principles of EU law. Over a year ago it saw a similar case involving legal challenges around national bulk data collection under UK and French law. The court then ruled that only limited data collection and temporary retention were allowed. France seeks to bypass the CJEU on data retention and has asked the country’s highest administrative court (the Council of State) not to follow the EU ruling. France is waiting for the conclusion of the procedure launched by the Council of State before “assessing to what extent” national law should be changed. 

Despite recent EU court attempts to curb surveillance powers, leaked papers from June 2021 show that the national governments of the Netherlands, France, Spain, Luxembourg, Slovakia, and Estonia are pushing for a new pan-EU data retention law. They claim that data retention is essential for safeguarding public security and ensuring effective criminal investigations.

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Instagram is looking to channel the anger of its users by introducing a new feature that allows them to report various problems with the app by shaking their phones.

“Have you ever used Instagram and it wasn’t working like it was supposed to? It was just really getting you… really just pissing you off?” Instagram’s head Adam Mosseri asked his followers in a clip uploaded to Twitter on Wednesday.

Well, precisely for infuriating situations like that, the platform has developed a feature it’s calling “rage shake,” he announced.

Shaking your phone will, from now on, cause a special form to pop up on screen, allowing you to instantly report issues such as photos not uploading or audio not playing.

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© Pexels / Cottonbro
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The form is also the perfect place to let out “all the emotions and feels you’ve got going on,” Mosseri insisted, assuring Instagrammers that these reports would be promptly dealt with.

Thanks to their feedback, Instagram will be able to optimize its bug-fixing process, he said. The option, which he described as a “hidden gem,” is so far available only in the US, on both iOS and Android.  

The Instagram boss gently shook his own cellphone in the clip to demonstrate the feature in action. However, it’s likely upset users may well end up rage-shaking with a good deal more passion, which could increase the risk of a gadget being damaged, or their owner or even a passerby being struck should the phone fly out of their hand.

Mosseri also didn’t advise the public what to do with their rage over media revelations about alleged shady practices by Instagram and the platform’s owner, Facebook.

Among the trove of papers recently leaked by former Facebook employee Frances Haugen was an internal study from 2020 reporting that Instagram was causing many of its young users, particularly teen girls, to suffer mental health issues and suicidal thoughts. However, the platform kept operating in the same manner despite this finding, with changes being promised only after the study made headlines this September.

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