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Thursday, 23 February 2023

So that crazy selfie with the spy balloon? It's real.


The Pentagon on Wednesday confirmed the authenticity of a photo depicting an Air Force U-2 pilot taking a selfie with the Chinese spy balloon in the background in early February, one day before it was shot down off the East Coast of the U.S.

Journalist and author Chris Pocock posted the image on Tuesday, raising questions as to whether the photo, giving a startling view of the infamous surveillance balloon from the legendary spy plane, was real.

"I saw that report. I can confirm the photo's authenticity," Pentagon spokesperson Sabrina Singh told reporters.

CNN first reported that the photo had been taken and had quickly gained “legendary status” in military circles.

The high-altitude surveillance aircraft had been sent up as the balloon traversed the U.S., and the Pentagon later cited imagery taken by the pilots to say the airship was "capable of conducting signals intelligence collection operations."

An Air Force fighter jet shot the balloon down on Feb. 4 and “the majority of the balloon, including the payload, was recovered,” said Singh.

The Pentagon wrapped up search operations in the area off South Carolina last week and referred reporters to the FBI for details on what was recovered.

After the initial Chinese balloon incident, three other unidentified objects flying over North America were destroyed by U.S. forces just within a little over a week. Those objects were not believed to be from China or to pose a national security threat. The U.S. military did disclose, however, that they’ve observed Chinese surveillance balloons flying over the Middle East and Afghanistan in recent years.

President Joe Biden was criticized by Republicans for how the administration handled the Chinese balloon incident, including waiting until it was over water before destroying it. However, lawmakers passed resolutions condemning China for the balloon.

Secretary of State Antony Blinken met with Wang Yi, director of China’s Office of the Central Commission for Foreign Affairs, on the sidelines of the Munich Security Conference last week about the situation and the consequences of Chinese surveillance of the U.S. Blinken stated on NBC that Wang offered no apology.

Wang publicly condemned the U.S. at the conference for the country’s response to what China claims was a weather monitoring device and accused the U.S. of warmongering.

Connor O'Brien contributed to this report.



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Here's How Ukraine Could Retake Crimea


Just over a year ago, most western commentators and policymakers had effectively written off Ukraine ever regaining control of Crimea, the peninsula which Russia invaded and annexed in early 2014. Sure, it was still officially considered Ukrainian territory, and U.S. and European governments had denounced the invasion as unacceptable. But while Russia’s claims to the province may not, in western eyes, have been legal, Ukraine’s allies appeared to acquiesce to the idea that Crimea holds a supposedly special place in Russian mythology and they weren’t sure it was worth a fight.

That view is now changing. A year after Russian President Vladimir Putin launched his disastrous war — which not only saw Russia annex further chunks of Ukraine, but which has already cost Russia more casualties than the U.S. saw in Vietnam — the geopolitical tides have shifted measurably. And in the past few months, with Ukrainian forces continuing to reclaim regions from Russian forces, western voices have begun revisiting a topic they’d long brushed off: Crimea.

Rather than viewing the peninsula as a Russian appendage, an increasing number of experts and policymakers have begun arguing that restoring Ukrainian control of Crimea may be the key ingredient for any lasting peace — and that, increasingly, only Ukrainian sovereignty over the region will guarantee stability not only in Ukraine, but in Europe overall.

Such a view isn’t yet a consensus; western policymakers haven’t uniformly come out in full-throated support of Ukraine’s moves to reclaim the peninsula. Last week, Rep. Adam Smith, one of the top Democrats on the House Armed Services Committee, said there was a “consensus” that “Ukraine is not going to militarily retake Crimea.” And Secretary of State Antony Blinken added that a Ukrainian effort to retake Crimea would be a red line for Putin.

But in conversations and commentary, views have clearly begun to shift, especially among the expert community, which increasingly views Ukrainian efforts to retake Crimea as both feasible and necessary. And while western officials aren’t yet outwardly backing such views — and still aren’t providing all of the arms the Ukrainians have asked for — they’re increasingly leaving the door open to a Ukrainian push toward the peninsula. 

Thanks to Putin’s full-scale invasion, the myth that Russia has some kind of right to Crimea has effectively collapsed across the West. And the reality has begun seeping in from Washington to London to Brussels that, in terms of military success, Russian suzerainty over Crimea must end before any lasting, stable peace can be found.  


Part of that shift in perspective comes from a purely tactical analysis. As Ukraine continues to claw back Russian holdings — including in areas that Moscow nominally claims as its own, such as Kherson — a push toward Crimea suddenly becomes much more plausible, and much more militarily viable.

To be sure, any thrust toward the peninsula remains a way off. “We won’t seriously be talking about Crimea until the rest of Ukraine is free,” former Ukrainian Defense Minister Andriy Zagorodnyuk told me in an interview. Purely from a geostrategic perspective, Ukraine will need to reclaim significant holdings in places like Zaporizhzhia and even Donetsk before considering an assault on Crimea.



But such a push seems far more feasible now than it did just a few months ago — and western analysts have begun gaming out what such a push might entail. In a recent Twitter thread, retired Australian general Mick Ryan, one of the most popular commentators regarding the war’s progress, detailed Ukraine’s potential routes toward the peninsula. One option backed up Zagorodnyuk’s view that Kyiv will have to recapture significant territory elsewhere prior to any push, in order to form “a land blockade and fire support base” that would allow Ukrainian forces to pour into the peninsula. Another option could see Ukraine launch “a large-scale air, sea and land operation to advance on several axes against key land objectives in Crimea,” forming a “robust air and sea campaign” to “accompany the hundred thousand or so Ukrainian troops required to capture Crimea.”

Either option contains significant hurdles, not least the significant military assets Russia still maintains in Crimea. And it is clear that Ukraine will likely be unable to accomplish any push into Crimea without expanded western weaponry such as long-range precision missiles and increased air power.

But it’s also obvious that Russia’s ability to resupply Crimea is becoming tenuous, with both the Russian land corridor and Crimean Bridge, the latter of which was recently bombed, increasingly threatened. And a year into the war, it’s now apparent that Russian military assets in Crimea will continue to present an unacceptable threat to Ukraine, regardless of the outcome of the war.

“Occupation of Crimea enables the Russian military to threaten Ukrainian positions from the south and gives Russia’s Black Sea Fleet a forward base for carrying out long-range attacks,” retired Lieutenant Colonel Alexander Vindman, one of the U.S.’s premiere Ukrainian experts, recently wrote for Foreign Affairs. Even if Ukraine is victorious elsewhere, Crimea would effectively remain a forward operating base for the Kremlin’s military, a sanctuary for Russian forces to rest and regroup. This reality manifested most clearly last year, when Russian troops used Crimea as a staging ground for Moscow’s most successful push of their 2022 invasion, allowing the Kremlin to gain significant ground in southern Ukraine.

Nor are those ongoing military threats limited to land alone. Because of Crimea’s geographic positioning, the peninsula allows Moscow to threaten both Ukrainian and broader Black Sea maritime security. And this includes things like blockading Ukrainian exports, such as grain, which has already upended global markets. “Crimea is decisive for this war,” retired U.S. Gen. Ben Hodges, former commander of the U.S. Army in Europe, told me. “Ukraine will never be safe or secure, or be able to rebuild their economy, as long as Russia retains Crimea…. And I think increasing numbers of people are recognizing not only the necessity of [retaking Crimea], but also the feasibility.”


All of these tactical, military reasons are sufficient to explain the ongoing shift in western perceptions of Crimea. But elsewhere, and far more broadly, western observers are coming around to what Ukrainians have long been arguing: that Russian claims to the peninsula are saturated in myopic, misleading myths, none of which stand up to scrutiny. Indeed, one of the most pernicious pieces of Russian propaganda is that there’s some kind of Russian entitlement to Crimea — an argument that is only just now starting to recede.

Take Putin’s claims that Crimea somehow maintains a “vital, historic significance” to Moscow, or that it’s a kind of “holy land” to all Russians. To be sure, Crimea, which was initially annexed by Russian colonizing forces in 1783, retains a unique history, suffering through things like the 1850s Crimean War and World War II nearly a century a later. But myriad regions and countries, from Belarus to the Baltics, can claim similarly unique histories, without giving Russia any rightful claim to them. “If it’s a ‘holy land’ [for Russians], you wouldn’t have seen [hundreds of thousands of] Russians leave the country last year,” Hodges said, pointing to the significant numbers of Russians fleeing the Kremlin’s conscription orders. Even after Ukrainians directly hit Crimea’s Saki airbase, Hodges added, “you had a 30,000-car traffic stall trying to leave, instead of Russians heading to the military recruitment office.”



Likewise, the notion that Crimea has long been some Russian enclave isn’t accurate, either. The region wasn’t majority Russian until the Second World War, and only then as a result of the Kremlin’s gargantuan ethnic cleansing campaigns, which forcibly removed hundreds of thousands of indigenous Crimean Tatars. And, of course, Crimea doesn’t share a land connection to Russia — part of the reason the region has prospered under Ukraine and wilted under Moscow.

Crimeans themselves have hardly evinced any overwhelming desire to rejoin Russia, despite Putin’s insistence that they are part of Russia proper. In 1991, Crimeans joined every other region of Ukraine in voting for Ukrainian independence. And in the decades following, they never once voted to rejoin Moscow. In the months leading up to Russia’s initial invasion in 2014, fewer than a quarter of Crimeans wanted to rejoin Russia. Such realities go a long way to explaining why Moscow forced a sham, ballot-by-bayonet “referendum” on Crimeans in 2014, rather than offering a free and fair vote.

Perhaps most pertinently, Putin effectively abnegated the idea that Crimea is somehow unique in Russian eyes last September, when he announced the annexation of four further Ukrainian provinces (none of which Moscow controls). Suddenly, Crimea’s nominally distinct status — as the only region the Kremlin would go so far as to annex outright — crumbled. With Putin’s newest annexation announcements, the region that Putin claimed presented the “spiritual unity” of Russians was now no different than places like Luhansk or Zaporizhzhia, which Ukrainian forces continue to liberate.

Those annexations further undercut Russia’s most pertinent and most impactful threats: that Crimea presents some kind of “red line” for Russian authorities, after which the potential for nuclear war rises considerably. But given how Ukraine has continued to bludgeon territories Russia has claimed elsewhere — and how explosions continue rocking Crimea itself, without any resultant nuclear war — Moscow’s supposed red lines have become increasingly blurred, even to the point of disappearing entirely. As Russia expert Nigel Gould-Davies recently wrote in the New York Times, Putin “has no red lines.”


Indeed, the notion that Crimea presents any kind of final, formal “red line” is slowly fading. Even Blinken, who recently mentioned that Crimea might be such a “red line,” indicated that such a framing isn’t nearly as important as it once was. According to those familiar with Blinken’s views, the secretary of state believes “it is solely the Ukrainians’ decision as to what they try to take by force, not America’s” — with the secretary of state “more open to a potential Ukrainian play for Crimea.” As Blinken added this month, there will be no “just” or “durable” peace unless Ukraine’s territorial integrity is restored. “If we ratify the seizure of land by another country and say ‘that’s okay, you can go in and take it by force and keep it,’ that will open a Pandora’s box around the world for would be aggressors that will say, ‘Well, we'll do the same thing and get away with it,’” Blinken said.

All of these ingredients — the increasing military import of retaking Crimea; the shattering of Russian myths regarding the peninsula; upholding the principle that nuclear powers must never be allowed to carve up non-nuclear neighbors — have all begun combining, churning out a new perspective across western countries. A decade ago, when Putin initially launched his invasion of Crimea, the peninsula stood apart, a supposed crown jewel of Putin’s reign. Now, though, it’s increasingly viewed as what it’s long been: a peninsula full of Ukrainians who never opted for Russian rule, watching Kyiv’s forces steadily gear up toward a southern push, looking to finally dislodge the Kremlin’s forces from all Ukrainian territory.

And this time, more western policy-makers — providing the arms, the financing and the diplomatic support necessary for Ukraine to finally achieve its goal of retaking “every inch” of Russian-occupied Ukraine — are increasingly along for the ride. “No matter what the Ukrainians decide about Crimea in terms of where they choose to fight… Ukraine is not going to be safe unless Crimea is at a minimum, at a minimum, demilitarized,” undersecretary of state Victoria Nuland recently said. Or as Pentagon spokesperson Sabrina Singh announced last month, the U.S. will back Ukraine’s efforts to reclaim the peninsula it first lost nearly a decade ago.

“That includes an operation in Crimea,” Singh said. “That is a sovereign part of their country, and they have every right to take that back.”




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DOJ pushes ahead with Google Maps antitrust probe


Justice Department antitrust lawyers are homing in on yet another Google target: the company’s vast mapping business.

DOJ officials have been meeting with Google’s competitors and customers in recent weeks to decide who would be the best witnesses in any potential lawsuit challenging its dominant position in the market for digital maps and location information, according to three people with knowledge of the matter. That trove of data includes the location of businesses, parks, buildings and landmarks. More meetings are scheduled in the coming month, the people said.

The new round of meetings comes less than a month after the DOJ filed a long-awaited lawsuit targeting Google’s advertising operations.

A lawsuit targeting Google Maps could be filed this year, three people with knowledge said. The investigation is ongoing, and no decision has been made on whether to file a case or on what to include in a complaint, those three people said.

The timing of antitrust cases such as this is always shifting and often delayed. Unlike merger reviews, other antitrust cases are not subject to any time constraints. Reports that the DOJ was preparing an advertising-focused case against Google date back to 2020, but it took more than two more years before a lawsuit materialized. Still, the map investigation is a priority for the department’s antitrust division, and prosecutors are working quickly to reach a conclusion, the people said.

The investigation is broadly focused on Google’s control of digital maps and location data, in this instance the precise location of a host of different places, which is a key part of its search results, the people said.

A lawsuit challenging Google’s maps business would open up an unprecedented third front in as many years in the Justice Department’s antitrust war against the company.

The investigations date back to the Trump Justice Department when it opened a wide-ranging antitrust probe into every part of the company’s business in early 2019.

The DOJ and a group of state attorneys general first sued Google in October 2020, accusing the company of illegally monopolizing the online search market. That case is currently set to go to trial in September. Then in January, Google was hit with a second case from the DOJ and an overlapping group of states targeting its online advertising business.



Google is also facing an advertising-related lawsuit from a Texas-led group of states, and litigation over conduct involving its Google Play mobile app store from a Utah-led group of states. The latter is also slated for trial in the Fall.

A DOJ spokesperson declined to comment.

Google’s trove of map data is often used in search queries, such as “pizza near me.” However, Google Maps is also a key part of the underlying technology used in apps such as delivery services and ride-share companies.

The DOJ is examining whether Google illegally forces app developers to use its mapping and search products as a bundle, rather than choose competing options for different services, the people said. For example, Google has extensive data on the locations of businesses and other places, and prosecutors are examining how the company may prevent developers from using that data with a competing mapping service.

Google has said its policies are designed to improve user experience, saying that combining Google and non-Google information could cause errors and safety risks. It also says it licenses some mapping data from third parties and faces restrictions on how that data can be shared.

“Developers choose to use Google Maps Platform out of many options because they recognize it provides helpful, high-quality information,” said Google spokesperson Peter Schottenfels. “They are also free to use other mapping services in addition to Google Maps Platform — and many do.”

The DOJ is also scrutinizing the Google Automotive Services offering for automakers, which packages together Google Maps with the Google Play app store and the company’s voice assistant, the people said. It can be difficult for carmakers and the companies that manufacture the information and entertainment systems to mix products and services such as voice assistants offered by competing companies if they also use Google Maps.

“There is enormous competition in the connected car space, including an array of companies offering car infotainment systems,” Schottenfels said, including hundreds of car models supporting Apple CarPlay and Amazon Alexa. “Even if automakers choose Android Automotive OS, they aren’t required to use Google Automotive Services for their cars.”

Reuters earlier reported on some parts of the DOJ investigation. Germany’s antitrust authority is also investigating Google’s mapping business.




Google’s mapping business has also faced congressional scrutiny. According to the House Judiciary Committee’s 2020 staff report on antitrust issues in the tech sector, Google is “effectively forcing [developers] to choose whether they will use all of Google’s mapping services or none of them.”

The government is also scrutinizing contract provisions that require customers to share app data with Google. As an example, Google requires food delivery apps to share data on customer searches and deliveries.

The House report also goes into detail on how Google built its map business through acquisitions, including its 2013 purchase of competitor Waze. Those deals could also get attention in an eventual lawsuit.

The DOJ’s advertising case filed in January focused heavily on a number of Google’s acquisitions in that sector, and is seeking to break up major parts of the company’s ad business.

Jonathan Kanter, the DOJ’s antitrust head — and a longtime critic of Google while in private practice — has said the largest tech companies are looking to use their various lines of business to boost their monopoly power in a core market, in this case search, as well as leverage that core market power to build dominant positions in new markets.

While all three investigations — search, advertising and maps — are technically separate components of the DOJ’s overarching Google investigation, they highlight how the department views its role in policing fast-moving technology markets.



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Wednesday, 22 February 2023

FTC won't challenge Amazon's One Medical deal


The Federal Trade Commission has decided it won't challenge Amazon’s $3.9 billion deal for primary care provider One Medical, according to a person with direct knowledge of the matter.

The time period in which the FTC can sue to block the deal prior to its closing expires today, the person said. The decision paves the way for the deal to close later this week. The deal, announced in July, had been undergoing an in-depth review at the FTC for the past eight months.

However, while the companies are free to close the deal, the FTC is not ruling out a challenge in the future, and is warning the companies it will continue to investigate. Any FTC challenge, though, would focus on unwinding the deal, a more difficult proposition than preventing it from closing.

"The FTC's investigation of Amazon's acquisition of One Medical continues," said FTC spokesperson Douglas Farrar. "The commission will continue to look at possible harms to competition created by this merger as well as possible harms to consumers that may result from Amazon's control and use of sensitive consumer health information held by One Medical."

Bloomberg earlier reported on the FTC's decision to not challenge the One Medical deal.

One Medical is the second Amazon acquisition to go unchallenged at the FTC since Lina Khan, a fierce critic of the company, took over the agency in 2021. Amazon's purchase of MGM Studios also closed without opposition, though the commission at the time was deadlocked 2-2 along partisan lines, preventing a lawsuit.

Federal law provides strict timelines for merger review. Once a deal is filed with the FTC and Justice Department, the agencies have 30 days to decide whether to open an in-depth probe. If they do, the agency reviewing the deal has another 30 days to decide whether to challenge the deal in court after the companies fully comply with all demands for information.

The FTC can agree with merging companies to extend that latter deadline. It couldn’t be learned what agreements Amazon had with the FTC, but Tuesday marked the deadline for the agency to decide on whether to sue.

One Medical is a membership-based primary care provider, with locations around the U.S. Amazon shut down a similar service shortly after it bought One Medical, and a key focus of the investigation was whether Amazon chose to buy a competitor rather than compete with it.

The person with knowledge of the investigation said that while the FTC had serious concerns about the deal, it would have been a challenging case.

An FTC probe of Amazon's takeover of iRobot, maker of the Roomba robot vacuum, is still underway, as is a more wide-ranging antitrust investigation of the company that is expected to result in a lawsuit later this year, according to two people with knowledge of that investigation.

An Amazon spokesperson declined to comment.



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Baltics and Poland push to make it easier to sanction Russia oligarchs' associates

Hungary is pushing back against the proposal, say diplomats.

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'Disappointment' in Brussels after Israel expels member of Parliament on official visit

Green MEP Ana Miranda sent back to Spain after arriving in Tel Aviv.

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From the siege of Stalingrad to the battle for Bucha: How Putin sells his war against ‘the West’

Unable to explain setbacks in Ukraine, the Kremlin appeals to past victories.

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