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Facebook and Twitter CEOs to testify before Congress in November on how they handled the election

Shortly after voting to move forward with a pair of subpoenas, the Senate Judiciary Committee has reached an agreement that will see the CEOs of two major social platforms testify voluntarily in November. The hearing will be the second major congressional appearance by tech CEOs arranged this month.

Twitter’s Jack Dorsey and Facebook’s Mark Zuckerberg will answer questions at the hearing, set for November 17 — two weeks after election day. The Republican-led committee is chaired by South Carolina Senator Lindsey Graham, who set the agenda to include the “platforms’ censorship and suppression of New York Post articles.”

According to a new press release from the committee, lawmakers also plan to use the proceedings as a high-profile port-mortem on how Twitter and Facebook fared on and after election day — an issue that lawmakers on both sides will undoubtedly be happy to dig into.

Republicans are eager to press the tech CEOs on how their respective platforms handled a dubious story from the New York Post purporting to report on hacked materials from presidential candidate Joe Biden’s son, Hunter Biden. They view the incident as evidence of their ongoing claims of anti-conservative political bias in platform policy decisions.

While Republicans on the Senate committee led the decision to pressure Zuckerberg and Dorsey into testifying, the committee’s Democrats, who sat out the vote on the subpoenas, will likely bring to the table their own questions about content moderation, as well.

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Daily Crunch: Uber and Lyft defeated again in court

A California court weighs in as Prop. 22 looms, Google removes popular apps over data collection practices and the Senate subpoenas Jack Dorsey and Mark Zuckerberg. This is your Daily Crunch for October 23, 2020.

The big story: Uber and Lyft defeated again in court

A California appeals court ruled that yes, a new state law applies to Uber and Lyft drivers, meaning that they must be classified as employees, rather than independent contractors. The judge ruled that contrary to the rideshare companies’ arguments, any financial harm does not “rise to the level of irreparable harm.”

However, the decision will not take effect for 30 days — suggesting that the real determining factor will be Proposition 22, a statewide ballot measure backed by Uber and Lyft that would keep drivers as contractors while guaranteeing things like minimum compensation and healthcare subsidies.

“This ruling makes it more urgent than ever for voters to stand with drivers and vote yes on Prop. 22,” a Lyft spokesperson told TechCrunch.

The tech giants

Google removes 3 Android apps for children, with 20M+ downloads between them, over data collection violations — Researchers at the International Digital Accountability Council found that a trio of popular and seemingly innocent-looking apps aimed at younger users were violating Google’s data collection policies.

Huawei reports slowing growth as its operations ‘face significant challenges’ — The full impact of U.S. trade restrictions hasn’t been realized yet, because the government has granted Huawei several waivers.

Senate subpoenas could force Zuckerberg and Dorsey to testify on New York Post controversy — The Senate Judiciary Committee voted in favor of issuing subpoenas for Facebook’s Mark Zuckerberg and Twitter’s Jack Dorsey.

Startups, funding and venture capital

Quibi says it will shut down in early December — A newly published support page on the Quibi site says streaming will end “on or about December 1, 2020.”

mmhmm, Phil Libin’s new startup, acquires Memix to add enhanced filters to its video presentation toolkit — Memix has built a series of filters you can apply to videos to change the lighting, the details in the background or across the whole screen.

Nordic challenger bank Lunar raises €40M Series C, plans to enter the ‘buy now, pay later’ space — Lunar started out as a personal finance manager app but acquired a full banking license in 2019.

Advice and analysis from Extra Crunch

Here’s how fast a few dozen startups grew in Q3 2020 — This is as close to private company earnings reports as we can manage.

The short, strange life of Quibi — Everything you need to know about the Quibi story, all in one place.

(Reminder: Extra Crunch is our membership program, which aims to democratize information about startups. You can sign up here.)

Everything else

France rebrands contact-tracing app in an effort to boost downloads — France’s contact-tracing app has been updated and is now called TousAntiCovid, which means “everyone against Covid.”

Representatives propose bill limiting presidential internet ‘kill switch’ — The bill would limit the president’s ability to shut down the internet at will.

The Daily Crunch is TechCrunch’s roundup of our biggest and most important stories. If you’d like to get this delivered to your inbox every day at around 3pm Pacific, you can subscribe here.

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AOC aims to get out the vote by streaming Among Us with pokimane and HasanAbi

We are about seven months into a pandemic and just two weeks from a presidential election. At this point, surprises are a dime a dozen. So it should feel very 2020 that Rep. Alexandria Ocasio-Cortez is about to stream Among Us, the hit game of 2020, on Twitch alongside mega-streamer pokimane and political analyst HasanAbi.

Ocasio-Cortez tweeted yesterday that she was looking for people to play the popular game with in an effort to get out the vote, noting that she’s never played before but that it looks fun.

Streamer pokimane, who has 6 million followers on Twitch and whose YouTube videos regularly see more than 1 million views each, responded to the tweet with a figurative raised hand.

HasanAbi, a very popular political commentator on Twitch, who has more than 380,000 Twitter followers, also chimed in to the conversation saying that they’re already making a lobby. It wasn’t long before Rep. Ilhan Omar raised her hand, too.

A good game of Among Us (imagine that someone mixed a fairly basic multiplayer video game with a murder mystery party) usually requires 10 players, so the other six players are still TBD. But the Verge reports that a handful of other streamers (such as DrLupo, Felicia Day, Greg Miller, James Charles, and Neekolul) also lined up to play with AOC.

According to Ocasio-Cortez, the stream is all about getting out the vote. And this isn’t the first time that she’s used video games to connect with her followers. AOC opened up her DMs to all 6.8 million of her followers back in May to let them send her an invite to their island, and she visited them.

Millennial voters (and Gen Z) skew toward backing the Biden / Harris ticket, and AOC is coming to them by getting on Twitch and streaming one of the rocket ship games of this year.

The stream starts at 9pm ET/6pm PT and can be found here.

And you can check if you’re registered to vote here.

Update 9:01pm ET: AOC hasn’t even started playing the game yet and has nearly 250,000 concurrent viewers. 

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Daily Crunch: Twitter walks back New York Post decision

A New York Post story forces social platforms to make (and in Twitter’s case, reverse) some difficult choices, Sony announces a new 3D display and fitness startup Future raises $24 million. This is your Daily Crunch for October 16, 2020.

The big story: Twitter walks back New York Post decision

A recent New York Post story about a cache of emails and other data supposedly originating from a laptop belonging to Joe Biden’s son Hunter looked suspect from the start, and more holes have emerged over time. But it’s also put the big social media platform in an awkward position, as both Facebook and Twitter took steps to limit the ability of users to share the story.

Twitter, in particular, took a more aggressive stance, blocking links to and images of the Post story because it supposedly violated the platform’s “hacked materials policy.” This led to predictable complaints from Republican politicians, and even Twitter’s CEO Jack Dorsey said that blocking links in direct messages without an explanation was “unacceptable.”

As a result, the company said it’s changing the aforementioned hacked materials policy. It will no longer remove hacked content unless it’s been shared directly by hackers or those “acting in direct concert with them.” Otherwise, it will label tweets to provide context. As of today, it’s also allowing users to share links to the Post story.

The tech giants

Sony’s $5,000 3D display (probably) isn’t for you — The company is targeting creative professionals with its new Spatial Reality Display.

EU’s Google-Fitbit antitrust decision deadline pushed into 2021 — EU regulators now have until January 8, 2021 to take a decision.

Startups, funding and venture capital

Elon Musk’s Las Vegas Loop might only carry a fraction of the passengers it promised — Planning files reviewed by TechCrunch seem to show that The Boring Company’s Loop system will not be able to move anywhere near the number of people the company agreed to.

Future raises $24M Series B for its $150/mo workout coaching app amid at-home fitness boom — Future offers a pricey subscription that virtually teams users with a real-life fitness coach.

Lawmatics raises $2.5M to help lawyers market themselves — The San Diego startup is building marketing and CRM software for lawyers.

Advice and analysis from Extra Crunch

How COVID-19 and the resulting recession are impacting female founders — The sharp decline in available capital is slowing the pace at which women are founding new companies in the COVID-19 era.

Startup founders set up hacker homes to recreate Silicon Valley synergy — Hacker homes feel like a nostalgic attempt to recreate some of the synergies COVID-19 wiped out.

Private equity firms can offer enterprise startups a viable exit option — The IPO-or-acquisition question isn’t always an either/or proposition.

(Reminder: Extra Crunch is our subscription membership program, which aims to democratize information about startups. You can sign up here.)

Everything else

FAA streamlines commercial launch rules to keep the rockets flying — With rockets launching in greater numbers and variety, and from more providers, it makes sense to get a bit of the red tape out of the way.

We need universal digital ad transparency now — Fifteen researchers propose a new standard for advertising disclosures.

The Daily Crunch is TechCrunch’s roundup of our biggest and most important stories. If you’d like to get this delivered to your inbox every day at around 3pm Pacific, you can subscribe here.

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Twitter is now allowing users to share that controversial New York Post story

Twitter has taken another step back from its initial decision to block users from sharing links to or images of a New York Post story reporting on emails and other data supposedly originating on a laptop belonging to Democratic presidential nominee Joe Biden’s son, Hunter.

The story, which alleged that Hunter Biden had set up a meeting between a Ukrainian energy firm and his father back when Biden was vice president, looked shaky from the start, and more holes have emerged over time. Both Facebook and Twitter took action to slow its spread — but Twitter seemed to take the more aggressive stance, not just limiting reach but actually blocking links.

These moves have drawn a range of criticism. There have been predictable cries of censorship from Republican politicians and pundits, but there have also been suggestions that Facebook and Twitter inadvertently drew more attention to the story. And even Twitter’s CEO Jack Dorsey suggested that it was “unacceptable” to block links in DMs without an explanation.

Casey Newton, on the other hand, argued that the platforms had successfully slowed the story’s spread: “The truth had time to put its shoes on before Rudy Giuliani’s shaggy-dog story about a laptop of dubious origin made it all the way around the world.”

Twitter initially justified its approach by citing its hacked materials policy, then later said it was blocking the Post article for including “personal and private information — like email addresses and phone numbers — which violate our rules.”

The controversy did prompt Twitter to revise its hacked materials policy, so that content and links obtained through dubious means will now come with a label, rather than being removed entirely, unless it’s being shared directly by hackers or those “acting in concert with them.”

And now, as first reported by The New York Times, Twitter is also allowing users to share links to the Post story itself (something I’ve confirmed through my own Twitter account).

Why the reversal? Again, the official justification for blocking the link was to prevent the spread of private information, so the company said that the story has now spread so widely, online and in the press, that the information can no longer be considered private.

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Dear Sophie: How can employers hire & comply with all this new H-1B craziness?

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

Extra Crunch members receive access to weekly “Dear Sophie” columns; use promo code ALCORN to purchase a one or two-year subscription for 50% off.


Dear Sophie:

I’ve been reading about the new H-1B rules for wage levels and defining what types of jobs qualify that came out this week. What do we as employers need to do to comply? Are any other visa types affected?

— Racking my brain in Richmond! 🤯

Dear Racking:

As you mentioned, the Department of Labor (DOL) and the Department of Homeland Security (DHS) each issued a new interim rule this week that affects the H-1B program. However, the DOL rule impacts other visas and green cards as well. These interim rules, one of which took effect immediately after being published, are an abuse of power.

The president continues to fear-monger in an attempt to generate votes through racism, protectionism and xenophobia. The fatal irony here is that companies were in fact already making “real offers” to “real employees” for jobs in the innovation economy, which are not fungible and are actually the source of new job creation for Americans. A 2019 report by the Economic Policy Institute found that for every 100 professional, scientific and technical services jobs created in the private sector in the U.S., 418 additional, indirect jobs are created as a result. Nearly 575 additional jobs are created for every 100 information jobs, and 206 additional jobs are created for every 100 healthcare and social assistance jobs.

The DOL rule, which went into effect on October 8, 2020, significantly raises the wages employers must pay to the employees they sponsor for H-1B, H-1B1 and E-3 specialty occupation visas, H-2B visas for temporary non-agricultural workers, EB-2 advanced degree green cards, EB-2 exceptional ability green cards and EB-3 skilled worker green cards.

The new DHS rule, which further restricts H-1B visas, will go into effect on December 7, 2020. DHS will not apply the new rule to any pending or previously approved petitions. That means your company should renew your employees’ H-1B visas — if eligible — before that date.

The American Immigration Lawyers Association (AILA) has formed a task force to review the rules and help with litigation. Although both the DOL and DHS rules will likely be challenged, they will likely remain in effect for some time before any litigation has an impact. They are actively seeking plaintiffs, including employees, employers and representatives of membership organizations who will be hurt by the new rules.

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Tech for Campaigns, created to get Democrats elected, on the parties’ biggest differences

Yesterday, a 450-page “investigation on competition in digital markets” was published by the House based on 16 months of evidence gathering, including interviews with employees and past employees and others with first-hand knowledge of the inner workings of Facebook, Google, Amazon and Apple.

The picture it paints is of companies that have abused their power to enrich themselves in ways previously known and unknown based on evidence collected directly from their current and former employees, as well as others with first-hand knowledge of the company’s internal workings. But House Democrats and Republicans disagree on some of the proposed remedies.

It probably doesn’t surprise Jessica Alter, the cofounder of Tech for Campaigns, an organization that was once described as a Democratic Geek Squad owing to its mission to match volunteers from the tech world — engineers, data scientists, product managers, marketing pros — with Democratic campaigns in need of a winning digital strategy.

Alter, who says Tech for Campaigns’s volunteer network now numbers more than 14,000, talked with us late last week about just how different the political parties are fundamentally, likening the Republican National Committee to a “conglomerate,” and the Democrats’s approach as far more decentralized — often to the latter’s disadvantage. Recognizing that not everyone wants to see a President Joe Biden, we also discussed what potential volunteers can do with the U.S. presidential election just 27 days away.

TC: You were previously a tech founder. For those who don’t know you, why start this organization?

JA: I was pretty uninvolved in politics. I was just a typical techie working at early-stage companies, and I’d started one as well. But in 2017, my cofounders and I got very frustrated. I think the crucible moment for me was the first Muslim ban. And given what our skill sets are and who we know, we decided, ‘Let’s just try to look at helping on the tech and digital front.’

We had a hunch that in the 2016 election, Trump sort of wiped the floor with [the Democrats] on tech and digital, and we were more right [about that hunch] than we wanted it to be. We realized pretty quickly that the Democrats are probably 8 to 10 years behind the Republicans. That’s hard for people to believe, and usually people say, ‘But what about Obama? [His campaign] was good at tech and digital.” But all of that was thrown out. I mean that in the most literal sense.

TC: What percentage of donor dollars go to digital advertising?

JA: TV and [snail] mail still really rules the roost. In 2018, as just one example, for all of the media attention that digital advertising gets, only three to five cents went to digital for every donor dollar that was given. Most of the rest went to TV and mail.

On the tech tools and data side, we’re also far behind. Part of the problem is that there really isn’t an organization whose main thrust is to focus on tech and digital. It’s a part of every organization but it’s siloed, and no one really focuses on it, and no one organization is permanently focused on it. That’s the hole that [we’re] filling, and the way that we do that is through our full time team of. about two dozen people and our now more than 14,000 tech and digital volunteers.

TC: Are all of these volunteers finding you? And when they do offer to help, do they have a campaign in mind or do you assign them to whomever needs the help most?

JA: It’s sort of a double-opt-in system that we’ve built, so you sign up, you tell us your hometown, in addition to where you live now and we will try to match on affinity. But we first match on skill set. So we talked to all the campaign and we develop projects with them, and we know if it’s an email project, it needs these skill sets. Then an  email goes out to people with those skill sets.

TC: You’ve suggested that part of why Democrats have fallen so far behind is because of the way their campaigns are structured. Is it different on the Republican side? Do they have a more unified digital operation?

JA: It’s different on the Republican side — and not exclusively about tech and digital — for a couple of reasons. The Republicans in general are a much more centralized organization. When the RNC or [other] leaders say to do things, it trickles down, and people do it. I’m sure a lot of people have heard the saying that Republicans fall in line and Democrats fall in love. There’s nothing that I’ve heard and understood to be more true than that. The Democrats are just much more decentralized, so it’s hard for things to trickle down as much.

The Republicans also started focusing on digital maybe 10 years ago and they operate much more on their donor side like a conglomerate [whereas] the Democrats operate much more like a portfolio [and] there’s not as much cooperation; it’s just that’s it’s just not happening. So [major donors like the] Koch [brothers] and the Mercer [family] not only believed In digital, but there’s a shared infrastructure there. They have, for example, a data exchange that they’ve had for eight years. The Democrats are still building a first version of theirs, and there are two or three versions of a centralized data exchange, which is the opposite of the point of centralization.

TC: Where are you focusing most of your time and energy?

JA: At the state legislative level, which is where Republican fight, too. The elbows are a lot less sharp, so we’ve been able to make inroads there, helping almost 500 campaigns on almost 700 projects over the last three years. But also, the state level campaigns are these concentric circles that overlap between incredibly strategic, incredibly cheap, and incredibly ignored.

State legislatures control basically every major issue that anyone cares about. That includes health care, voting rights, the environment, education, [and] a woman’s right to choose. If Roe v. Wade gets overturned. It’s not that abortion [becomes] illegal; it’s that the states will decide. The state legislatures in most states also control federal redistricting. So if you own the state legislatures, you actually own all those issues.

State legislators are about one 100th of the cost of a federal race, too. It’s just a good ROI decision. People need to understand that Republicans run things like a business, and they make very good ROI-based decisions. I don’t find that to be true with Democrats nearly enough. You have very analytical people who, in their normal lives, are extremely focused on ROI, yet when it comes to politics, they’re just purely emotional. I understand it, but it doesn’t serve the end goal.

TC: This is because they’re decentralized?

JA: We were showing one of our tools to one of the state Democratic parties, and their comment was, ‘Oh, we try to build this every two years.’ When they build [something], they don’t if that’s happening in Maine. They don’t show it to Michigan. It’s not because they don’t like each other. They just don’t talk. And so every two years, your donors are paying to rebuild the same thing. And there isn’t any standard tech or digital training for candidates or their staffers.

When we go into states, we provide that, [and] not in the sense that we’re going to make them gurus of how to run digital ads or data, but so they understand why it’s different and what the power of digital to make them more demanding of whoever they’re working [including paid consultants] on the digital side.

TC: You’re saying it’s chaos out there. You’re giving these campaigns tools and information they didn’t have, but of course, campaigns disband. Is anyone holding on to the tools and information that you’re providing them?

JA: The whole mission of tech for campaigns is to be the permanent tech and digital arm for the Democrats. As you rightly said, campaigns disband every two years and break down completely. Within a week and a half, everyone scatters. So you can’t expect that to change completely. [But we hope to be] this lasting presence in tech and digital that subsists cycle over cycle and in between cycles — to be this permanent presence that can build a real competitive advantage. Because if you break everything down every two years, you’ll never win at tech and digital.

TC: How do you fund your work? Through donations? Grants? Is there a money-making component of this business?

JA: We’re a 527 nonprofit, so we are mostly sustained by donations from individuals and organization. Because of campaign finance, we do sell software that we build, but it’s not going to be a it’s not a big business.

TC: In ‘Silicon Valley,’ politics have become so charged. Are the people who volunteer fearful of revealing their political affiliations in a way that they perhaps weren’t before? Or is the opposite happening?

JA:  I feel like there’s a lot more desire for people to be outspoken in the last few years, even more so than  between 2016 and 2018. Because things have gotten so out of control, people really want a way to channel their frustration and anger and sadness. So we don’t we don’t find that people want to hide it, no.

TC: Some readers are Donald Trump supporters. Some are Biden supporters who might want to help. Is there anything specific you’d want them to know, heading into the election?

JA: First, I’d say, don’t despair. We are we are solving this. [But] it’s not a one-month or even a one-cycle solve, so  get in touch with us about what you can do.

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Daily Crunch: Big tech responds to antitrust report

The major tech platforms push back against the House antitrust report, Google Assistant gets a “guest” mode and we interview a freshly minted Nobel laureate. This is your Daily Crunch for October 7, 2020.

The big story: Big tech responds to antitrust report

The House Judiciary Committee released its tech antitrust report late yesterday, concluding that the big tech platforms should face additional regulation. Recommendations include creating new separations to prevent dominant platforms from operating in adjacent lines of business, new requirements for interoperability and data portability and increased restrictions on mergers and acquisitions.

For now, these are just recommendations — and they weren’t endorsed by the committee’s Republican minority. But they have prompted forceful responses from four of the companies targeted by the report: Amazon, Apple, Facebook and Google.

Amazon, for example, dismissed the committee’s views as “fringe notions” and “regulatory spitballing,” while Apple said it “vehemently” disagrees with the report’s conclusions.

The tech giants

Google Assistant gets an incognito-like guest mode — With Guest mode on, Google Assistant won’t offer personalized responses and your interactions won’t be saved to your account.

Slack introduces new features to ease messaging between business partners — One new feature: Slack Connect DMs, allowing users inside an organization to collaborate with anyone outside their company simply by sending an invite.

Instagram’s Threads app now lets you message everyone, like its Direct app once did — These changes are rolling out shortly after a major update to Instagram’s messaging platform.

Startups, funding and venture capital

Envisics nabs $50M for its in-car holographic display tech at a $250M+ valuation — The startup brings together computer vision, machine learning, big data analytics and navigation to build hardware that integrates into vehicles to project holographic, head-up displays.

Shogun raises $35M to help brands take on Amazon with faster and better sites of their own — Shogun lets companies build sites that sit on top of e-commerce back-ends like Shopify, Big Commerce or Magento.

DoorDash introduces a new corporate product, DoorDash for Work — DoorDash says it conducted a survey of 1,000 working Americans last month and found that 90% of them said they miss at least one food-related benefit from the office.

Advice and analysis from Extra Crunch

Transportation VCs suggest frayed US-China ties will impact mobility markets — During TechCrunch’s annual Mobility event, we interviewed three investors who spend much of their time focused on shifts in the transportation industry.

Unqork’s $207M Series C underscores growing enterprise demand for no-code apps — The no-code/low-code world could be enjoying an even sharper tailwind than anticipated.

Media roundup: Google to cut big checks for news publishers, Substack continues to draw top creators, more — I do my best to highlight the latest trends, platform shifts and noteworthy funding rounds.

(Reminder: Extra Crunch is our subscription membership program, which aims to democratize information about startups. You can sign up here.)

Everything else

Nobel laureate Jennifer Doudna shares her perspective on COVID-19 and CRISPR — CRISPR co-discoverer Jennifer Doudna was named a Nobel laureate in Chemistry today, so it seemed like the perfect time to post video of our interview at Disrupt.

Tech-publisher coalition backs new push for browser-level privacy controls — A coalition of privacy-forward tech companies, publishers and advocacy groups has taken the wraps off of an initiative to develop a new standard that gives internet users a simple way to put digital guardrails around their data.

The Daily Crunch is TechCrunch’s roundup of our biggest and most important stories. If you’d like to get this delivered to your inbox every day at around 3pm Pacific, you can subscribe here.

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Tech-publisher coalition backs new push for browser-level privacy controls

Remember ‘Do Not Track‘? The tracker-loving adtech industry hopes you don’t recall that decade+ doomed attempt to bake user-friendly privacy controls into browsers. But a coalition of privacy-forward tech companies, publishers and advocacy groups has taken the wraps off of a push to develop a new standard that gives Internet users a super simple way to put digital guardrails around their data.

The effort to bake in a new browser-level privacy signal to stop the sale of personal data — which has been christened: Global Privacy Standard (GPC) — is being led by the ex-CTO of the FTC, Ashkan Soltani, and privacy researcher Sebastian Zimmeck.

They’ve got early backing from The New York Times; The Washington Post; Financial Times; WordPress-owner Automattic; dev community Glitch; privacy search engine DuckDuckGo; anti-tracking browser Brave; Firefox maker Mozilla; tracker blocker Disconnect; privacy tool maker Abine; Digital Content Next; Consumer Reports; and digital rights group the Electronic Frontier Foundation.

“In the initial experimental phase, individuals can download browsers and extensions from AbineBraveDisconnectDuckDuckGo, and EFF in order to communicate their ‘do not sell or share’ preference to participating publishers,” they write in a press release unveiling the effort.

“Additionally, we are committed to developing GPC into an open standard that many other organizations will support and are in the process of identifying the best venue for this proposal,” they add.

This ‘DNT’-esque initiative is, at least initially, being tailored toward California’s Consumer Privacy Act (CCPA) — which gives Internet users in the state the right to opt out of having their data sold on (with the potential for further strengthening if a November ballot measure, called Prop24, gets passed).

The law also requires businesses to respect user opt-out preferences via a signal from their browser — reviving the potential for a low friction, browser-level control which was what supporters of DNT always hoped it would be.

The aim for the group steering GPC is to develop a standard for a browser-level opt-out for the sale of personal data that businesses subject to CCPA would be legally compelled to respond to — assuming they succeed in getting the standard accepted as legally binding under California’s law.

“We look forward to working with AG Becerra to make GPC legally binding under CCPA,” they write on that.

We’ve reached out to AG Becerra’s office for a response on the launch. He has also just tweeted approvingly — calling the proposal “a first step towards a meaningful global privacy control that will make it simple and easy for consumers to exercise their privacy rights online”.

“CA DOJ is encouraged to see the technology community developing a global privacy control in furtherance of the CCPA and consumer privacy rights,” he added in a follow on tweet.

At the same time — and as GPC’s name implies — the ambition is to develop a standard that’s able to flex to mesh with privacy regimes elsewhere, such as Europe’s GDPR framework (which provides citizens with a suite of protective and access rights around their data, though not a carbon-copy CCPA opt-out for the sale of data).

“While they don’t specifically call for a GPC, I think there’s a potential for EU DPAs [data protection agencies] to consider a mechanism like this as a valid way for consumers to invoke their rights under GDPR, including the objection to sale,” Soltani tells TechCrunch. “Also the spec was designed to be extensible in case the laws vary slightly from CCPA — permitting users to object to specific uses in GDPR — or even the new rights that will come about if CPRA (Prop24) passes next month.”

One big and obvious question looming over this effort is why not simply revive DNT as a vehicle for expressing the CCPA opt-out signal?

Much effort and resource has been expended over the years to try to make DNT fly. Not entirely without success, given it was able to gain widespread backing from browser makers — falling apart from lack of compliance on the other side of the coin given the lack of legal compulsion.

However now, with robust legal regimes in place protecting people’s digital data (at least in Europe and California), you could argue there’s an opportunity to revive DNT and make it stick this time. (And, indeed, some EU parliamentarians have, in recent years, suggested Do Not Track settings could be used to express consent to processing as part of a planned reform of EU ePrivacy rules — likely with an eye on tidying up the consent pop-up clutter that’s been supercharged by GDPR compliance efforts.)

However the answer to why GPC, rather than DNT 2.0, seems to be partly related to all the baggage accumulated around Do Not Track — whose pithy call to action can still send insta-shudders down adtech exec spines. (Whereas ‘Global Privacy Control’ is certainly boring-sounding enough that it could have been dreamt up by an adtech lobbyist and may, therefore, put fewer industry noses out of joint.)

More seriously, the potential for using DNT to express opt-out signals was discussed by California lawmakers when they were drawing up CCPA, and industry feedback taken in — and the message they got back was that most businesses were ignoring it, which in turn led to a feeling that a revived DNT would just continue to be ignored.

Hence the law may demand a more precision instrument to carry the torch for user privacy, is the thinking.

We also understand the GPC effort had intended and expected to be able to use DNT as the opt out mechanism. But in the end, given the concern around compliance, they decided a CCPA-specific mechanism was needed to circumvent this problem of businesses tuning out the broader DNT signal.

“Getting privacy online should be simple and accessible to everyone, period,” said Gabriel Weinberg, CEO & founder of DuckDuckGo in a supporting statement. “Global Privacy Control (GPC) takes us one step closer to making this vision a reality by creating a simple universal setting for users to express their preference for privacy. DuckDuckGo is proud to be a founding member of this effort and starting today, the GPC will be launching in our mobile browser and desktop browser extensions, making the setting available to over ten million consumers.”

“Mozilla is pleased to support the Global Privacy Control initiative. People’s data rights must be recognized and respected, and this is a step in the right direction. We look forward to working with the rest of the web standards community to bring these protections to everyone,” added Selena Deckelmann, VP of Firefox Desktop.

The full spec of the proposed GPC standard can be found here.

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Dear Sophie: Is it easier and faster to get an O-1A than an EB-1A?

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

“Dear Sophie” columns are accessible for Extra Crunch subscribers; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.


Dear Sophie:

Is it easier and faster to get an O-1A extraordinary ability visa than an EB-1A extraordinary ability green card? What are the pros and cons of each?

—Outstanding in Oakland

Dear Outstanding:

Thanks so much for your timely questions about the extraordinary ability visa and green card. The short answer to your first question is yes, the O-1A visa is generally easier and faster to get than an EB-1A green card. In fact, I once helped a client get an O-1A approved in three days — of course, that was before the COVID-19 pandemic.

We recently launched “Extraordinary Ability Bootcamp,” a new, 15-module online course that takes a deep dive into the O-1A extraordinary ability nonimmigrant (temporary) visa, the EB-1A extraordinary ability green card, the EB-2 NIW (National Interest Waiver for exceptional ability) and what it takes to file a successful application in each category. Check my podcast where I discuss the Bootcamp in more detail. Register for the Extraordinary Ability Bootcamp and use code DEARSOPHIE for 20% off the enrollment fee.

In general, the requirements for a green card, which enable its holder to live permanently in the U.S., are more stringent than those for nonimmigrant visas, which only allow a temporary stay in the U.S. And U.S. Citizenship and Immigration Services (USCIS) typically takes longer to process green card petitions than nonimmigrant visa petitions. Moreover, the U.S. imposes numerical and per-country caps on the number of green cards issued each year, which means some green card categories for people born in some countries, such as India and China, face long waits. Only a few visas have an annual cap (like the H-1B), but the O-1A visa is not one of them.

That said, the EB-1A has one of the shortest USCIS processing times, compared to other employment-based green cards. Also, EB-1A petitions are eligible for premium processing, which requires USCIS to make a decision on a petition within 15 days (whether it is “calendar” days or “business” days is currently in flux!). The I-140 petition can be adjudicated quickly in a few weeks, but for somebody whose priority date is “current” on the Visa Bulletin, the determining factor for how long a green card takes is often the I-485 processing time in the local field office. Recently that’s been taking about 1.5-2 years for interviews in the Bay Area.

Meanwhile, nonimmigration visa petitions can face delays for a number of reasons, but a delay happens most often when USCIS responds to a petition with a Request for Evidence (RFE). An RFE is a written notice from USCIS seeking additional evidence to make a decision on a case. During the past few years, the number of RFEs issued by USCIS for both visas and green cards has increased substantially.

Last month (September 2020) USCIS extended its policy of giving petitioners an extra 60 calendar days to respond to certain USCIS notices, including RFEs, intent to deny, revoke, rescind and terminate due to the ongoing coronavirus pandemic. For any of these notices dated between March 1, 2020, and January 1, 2021, a timely response will be considered 60 days after the date listed on the notice. Whether you want to take advantage of this extra time is a conversation to have with your attorney, based on the strength of your pending petition and the urgency of getting an approval.

As you probably know, the O-1A visa is for individuals who have achieved national or international acclaim and have risen to the top of their field in the areas of science, education, business or athletics. The EB-1A enables individuals who have achieved substantial international or national success in their field due to their extraordinary talent to live permanently in the U.S.

Here’s a summary of the pros and cons of the O-1A and the EB-1A:

O-1A NONIMMIGRANT VISA

(Temporary Stay)

EB-1A GREEN CARD

(Permanent Residence)

Pros

  • Easier standard than EB-1A.
  • A change of status can be processed by USCIS in a few weeks.
  • Eligible for premium processing.
  • Unlimited extensions possible.
  • Does not require an LCA or PERM.
  • No annual cap.
Pros

  • Possible to self-petition without an employer sponsor or job offer.
  • I-140 is eligible for premium processing.
  • Green card: Allows you to permanently remain in the U.S.
  • Does not require an LCA or PERM.
  • Five years after green card can apply for citizenship.
Cons

  • Requires employer or agent sponsorship.
  • Requires job offer or itinerary of gigs.
  • Individuals cannot self-petition.
  • Might require union letter or advisory opinion.
  • Not a green card (permanent residence).
Cons

  • Multiyear process.
  • High evidentiary standard.
  • Annual numerical and per-country caps exist.
  • Backlog for people born in India and China.
  • Under a presidential proclamation issued in April, green cards not currently being issued at Consulates.

Keep in mind that like the EB-1, the EB-2 NIW (National Interest Waiver) green card does not require an employer sponsor. However, the eligibility requirements for the EB-2 NIW are less stringent than for the EB-1A. For individuals born in India and China, the downside to the EB-2 NIW green card is that they face a much longer wait compared to the EB-1A. Unlike the EB-1A, premium processing is not available for EB-2 NIW petitions.

Remember, U.S. embassies and consulates are not processing green cards so you should try to apply for a green card while you remain in legal status in the U.S. Otherwise, you may have to return to and stay in your home country for a while.

Still, getting a visa or green card abroad remains possible. I recommend working with an experienced immigration attorney to discuss which options best match your accomplishments, goals and timing. Remember, you can sign up for Bootcamp and use code DEARSOPHIE for 20% off the enrollment fee to get qualified!

All my best,

Sophie


Have a question? Ask it here. We reserve the right to edit your submission for clarity and/or space. The information provided in “Dear Sophie” is general information and not legal advice. For more information on the limitations of “Dear Sophie,” please view our full disclaimer here. You can contact Sophie directly at Alcorn Immigration Law.

Sophie’s podcast, Immigration Law for Tech Startups, is available on all major podcast platforms. If you’d like to be a guest, she’s accepting applications!

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