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Trump's 50% Tariffs on Canadian Goods Illegally Rely on a Superseded Statute, a Lawsuit Argues

20 October 2026 at 22:10
a shipping container and a maple leaf with President Donald Trump in the background | Molly Riley/B66/Avalon/Newscom/Skypixel/Dreamstime

Last July, President Donald Trump imposed 50 percent tariffs on various Canadian goods, a list he subsequently expanded to include additional imports, some of which he banned outright. His legal justification was Section 338 of the Smoot-Hawley Tariff Act, which Congress approved in 1930. Section 338 authorized tariffs in response to discriminatory trade practices. But in the 96 years since it was enacted, no president had ever used it to impose tariffs.

Why is that? According to a lawsuit that the Liberty Justice Center (LJC) filed on Tuesday in the U.S. Court of International Trade (CIT), the answer is clear: Section 338 was superseded by subsequent legislation that likewise targeted discriminatory trade barriers, beginning with the Reciprocal Trade Agreements Act of 1934 and culminating in Section 301 of the Trade Act of 1974. Section 301, the current remedy, includes requirements that Trump apparently sought to dodge by invoking Section 338 instead.

That maneuver is illegal, the LJC argues. "Congress already gave the executive branch a tool for responding to unfair foreign trade practices: Section 301, which requires an investigation, public comment and other safeguards," says Jeffrey M. Schwab, the LJC's director of litigation. "The administration cannot skip those protections by reaching for a 1930 statute that no president had ever used to impose a tariff."

Why not? "Where provisions in two acts are in irreconcilable conflict, the later act, to the extent of the conflict, constitutes an implied repeal of the earlier one," the lawsuit says. "Where a later act covers the whole subject of an earlier one and is clearly intended as a substitute, it operates similarly as a repeal. And a specific policy embodied in a later federal statute controls the construction of an earlier one even absent express amendment."

Even if Section 338 somehow survived congressional approval of contrary laws, the LJC adds, Trump's tariffs exceed the authority it grants. And if Trump's interpretation of Section 338 were correct, the lawsuit says, the provision would violate the nondelegation doctrine, which bars Congress from delegating its tariff power to the president without providing "an intelligible principle" to guide and constrain his exercise of it.

Trump's Section 338 tariffs, in short, are "the Administration's latest attempt to exercise, through a statute never designed for the purpose, the tariff power that the Constitution assigns to Congress." That pattern should be familiar by now.

Shortly after taking office in 2025, Trump claimed to have discovered a previously unnoticed delegation of extensive tariff authority in the International Emergency Economic Powers Act (IEEPA), a 1977 law that does not mention import taxes and had never been used to impose them. That claim was rejected by every court that considered it, and last February the Supreme Court ruled that IEEPA does not authorize tariffs at all.

Trump responded to that decision by immediately announcing similarly broad tariffs under Section 122 of the 1974 Trade Act, which addresses "fundamental international payments problems" caused by "serious United States balance-of-payments deficits." In May, the CIT ruled that the new tariffs were illegal because Trump had failed to "identify balance-of-payments deficits within the meaning of Section 122."

Trump then switched to Plan C, invoking Section 301 of the Trade Act, which authorizes tariffs in response to a foreign "act, policy, or practice" that is "unreasonable or discriminatory" and "burdens or restricts" U.S. commerce. He claimed that provision justified tariffs on 86 trading partners, accounting for nearly all U.S. imports, because they had failed to "impose and effectively enforce a prohibition on the importation of goods produced with forced labor." The CIT is currently weighing challenges to those tariffs, including an LJC lawsuit.

Trump's Section 338 tariffs have now added to the CIT's caseload. The LJC represents Gellert Global Group, an importer that was hit hard by those taxes after Trump added cheese to the list of disfavored Canadian goods. The lawsuit asks the CIT to certify a class of importers, numbering in "the hundreds, if not the thousands," that likewise have been clobbered by Trump's 50 percent tariffs.

Since Trump obviously is aware of Section 301, why did he resort to a never-used, seemingly obsolete provision to justify the tariffs on imports from Canada? As the LJC notes, Section 301 requires an investigation by the Office of the U.S. Trade Representative, "consultation with the foreign country concerned, notice, public comment, a hearing, and determinations within statutory deadlines." It also requires "that action be equivalent in value to the burden imposed, that duties be preferred over other import restrictions, and that actions terminate after four years absent a request for continuation and review."

Can Trump avoid those constraints by invoking Section 338 instead? The LJC thinks not: "Congress did not intend to leave in place a parallel authority that would allow the President to impose the same remedies, for the same conduct, free of every one of those safeguards."

Section 338 has been "impliedly repealed," the LJC argues. "At a minimum, Section 301 controls where, as here, the President seeks to respond to foreign practices within Section 301's scope, and the President may not impose duties in response to such practices while disregarding the procedures and limits Section 301 imposes. Because the President did not proceed under Section 301, the Section 338 Tariffs are unlawful whether or not Section 338 survives."

Even if you ignore subsequent legislation, the LJC argues, the Canadian policies that Trump cited when he announced the tariffs do not qualify as "discrimination" under Section 338. "Canada's motor vehicle surtax and its provinces' alcohol purchasing decisions are responses to tariffs that the United States imposed on Canada, not discrimination by Canada against the United States," it says. Trump also complained that Canada treats European cheese imports more favorably than U.S. cheese imports. But "when Congress enacted Section 338, a preference granted under a reciprocal agreement was not 'discrimination.'"

Section 338 "addresses discrimination: measures that single out United States commerce for worse treatment than the commerce of the world at large," the lawsuit says. "It is not a general authorization to impose tariffs whenever the President disagrees with a trading partner's policies, or whenever a trading partner responds to tariffs the United States has imposed on it."

Trump also was unfazed by Section 338's requirement that the president set duties to "offset" the costs imposed by discriminatory practices, which implies proportionality. Rather than attempt that, the LJC notes, Trump imposed "the statutory maximum rate of 50 percent without tying it to any measured burden."

As interpreted by Trump, the lawsuit warns, Section 338 authorizes the president to "impose tariffs of up to 50 percent on any products of any country that extends better treatment to any other country in any respect—including through any of the hundreds of preferential trade agreements to which the United States is not a party—or that responds to tariffs the United States has imposed on it." Yet Section 338 "contains no clear statement authorizing that power," contrary to the "major questions" doctrine, which applies to assertions of executive authority with "vast economic and political significance."

If Section 338 conferred the sort of unfettered authority that Trump is claiming, the LJC says, it "would supply no intelligible principle constraining the exercise of Congress's power to lay duties." His reading "would convert a narrow, fact-dependent provision into an effectively unrestricted delegation of Congress's tariff power," which would be "an unconstitutional delegation of legislative power."

This case "is not about the president," says LJC CEO Sara Albrecht. "It is about the presidency. No president should have the power to pull a dormant statute off the shelf and use it to impose sweeping tariffs or import bans without the limits Congress required."

The post Trump's 50% Tariffs on Canadian Goods Illegally Rely on a Superseded Statute, a Lawsuit Argues appeared first on Reason Magazine.

Sea mine crisis re-emerges in Strait of Hormuz as Tehran urges Washington to accept deal

20 October 2026 at 19:26

Sea mines have resurfaced as a threat in the Strait of Hormuz, where Iran claimed Oct.17 that two oil tankers caught fire after striking the explosives, raising fresh alarms over the safety of one of the world's most critical shipping lanes.

This came as the International Maritime Organization (IMO) warned that sea mines pose a serious threat to vessels navigating the strategic waterway and while Tehran continues to maintain its own unauthorized shipping corridor inside its territorial waters.

"The traffic separation scheme, the information that we have is that they still have mines. And of course, whilst the conflict is ongoing, it's very difficult for us to use third parties to verify that it is clear of these hazards," IMO Secretary-General Arsenio Dominguez told Fox News Digital.

INSIDE THE DANGEROUS US MISSION THAT CLEARED IRAN’S MINES FROM HORMUZ SHIPPING LANES

"So in the meantime, we cannot guarantee that a vessel that intends to transit that route will not be hit by a mine."

Iran's Islamic Revolutionary Guard Corps (IRGC) navy said Saturday that two oil tankers caught fire after striking naval mines while crossing the Strait of Hormuz, Reuters reported, citing Iran's official Islamic Republic News Agency (IRNA).

State media also said both tankers were carrying about 2 million barrels of crude oil, according to Reuters.

IRNA also reported that the vessels had switched off their positioning and radar systems and attempted to use a route through the strategic waterway that Iran had not authorized.

IRAN WARNS SHIPS OF 'FORCEFUL RESPONSE' AS US-BACKED HORMUZ ROUTE CHALLENGES TEHRAN'S GRIP

The second tanker was left immobilized after striking a mine, according to the Reuters report.

The alleged strikes came as Tehran continued to maintain its transit passageway inside Iranian territorial waters, imposing tolls and safety fees administered by the IRGC — a framework rejected by Washington and the IMO as inconsistent with international maritime law.

International shipping through the narrow chokepoint has historically relied on an IMO-approved traffic separation scheme adopted in 1968.

"Right now there's only one route that was adopted back in 1968 that is approved and recognized for IMO and that appears in all the charts for the vessels to operate," Dominguez explained.

IRAN FAILS TO STRIKE DEAL WITH US AS DEADLINE PASSES AND TRUMP CALLS FOR ‘WHITE FLAG OF SURRENDER'

"There's only one route that should be used for transit, but it's not clear of mines right now, so it's not safe."

"We have received confirmation from Iran about the establishment of its temporary route in the waters," he added before stating that the route was not provided with "an official confirmation or a decision of the organization."

"Any other route needs to actually be sent to the organization to go through the processes, and we have not received that."

"We have received communication from Iran to use that route because of the conflict," Dominguez clarified.

"That's the way that it's been presented. But anything for us to approve needs to go through the mechanisms at the international maritime organizations and the member states need to review it."

The developments also came amid stalled negotiations between Washington and Tehran over ending the conflict and restoring maritime traffic.

DISTRESS CALL CAPTURES TANKER UNDER FIRE, IRAN SHUTS HORMUZ TRAPPING THOUSANDS OF SAILORS

Mohsen Rezaei, secretary of Iran's Supreme National Security Council and a former Revolutionary Guard commander, said Tehran considered Washington's latest response to negotiations "insufficient," Reuters reported, according to IRNA.

Rezaei said the U.S. had accepted some of Iran's seven conditions but that other issues remained unresolved, adding that Tehran was no longer responding to Washington and that the U.S. needed to clarify the outstanding matters.

Iranian Foreign Minister Abbas Araghchi said that Tehran had submitted a proposal to Washington through Qatar, which is mediating the negotiations, outlining conditions under which the Strait of Hormuz could reopen and normal maritime traffic resume within seven days.

"Our situation is clear and based on ⁠the seven-day proposal presented to the US. They shared comments which ​we are reviewing, but our proposal is still on the table ​and if there is any honesty on the US part, which there isn't, the way to reopening the Strait of Hormuz is obvious," Araqchi said in ​Baghdad, Reuters reported

IRAN REQUESTS TALKS WITH US AS WHITE HOUSE WARNS 'VIOLENCE WILL BE MET WITH VIOLENCE'

Meanwhile, attacks on commercial vessels around the Strait of Hormuz have surged over the past two weeks.

Senior Iranian officials also told Reuters that Tehran has shifted its strategy for attacking commercial vessels during that period.

For commercial shipping operators, Dominguez warned that the continued threat of mines and attacks means the waterway has yet to return to normal operations.

The Strait of Hormuz is "not open for business in the way that it was before the conflict started," he said.

"Our role right now is to prepare for when we have the opportunity to go back, resume the operations, follow all the procedures at IMO, but not until the root causes are addressed and those are beyond IMO."

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Fox News Digital reached out to U.S. Central Command (CENTCOM) for comment.

Israeli Defense Minister Katz Says Over 60 Lebanon Villages Have Been Destroyed

“Every single village, we’re talking about 23,000 homes, is in ruins,” Katz boasted before a cheering studio audience, adding “there are no residents left, 200,000 people have been displaced,” using ‘Gaza model’

Why are French police so violent? Their job is to protect the state, not the people

20 October 2026 at 17:49

Officers are instruments of state whose job is to repress, rather than manage, public dissent

Familiar images of teargas clouds drifting across Paris squares, police baton charges against masked protesters and terrified teenagers floored – and worse – by stun grenades have once again focused the world’s attention on France’s policing methods.

While most of its western European neighbours generally favour police tactics that prioritise crowd containment and de-escalation, France has long responded to social movements that take to the streets with, at times, shocking physical force.

Continue reading...

© Photograph: Thibaud Moritz/AFP/Getty Images

© Photograph: Thibaud Moritz/AFP/Getty Images

© Photograph: Thibaud Moritz/AFP/Getty Images

Why are French police so violent? Their job is to protect the state, not the people

20 October 2026 at 17:49

Officers are instruments of state whose job is to repress, rather than manage, public dissent

Familiar images of teargas clouds drifting across Paris squares, police baton charges against masked protesters and terrified teenagers floored – and worse – by stun grenades have once again focused the world’s attention on France’s policing methods.

While most of its western European neighbours generally favour police tactics that prioritise crowd containment and de-escalation, France has long responded to social movements that take to the streets with, at times, shocking physical force.

Continue reading...

© Photograph: Thibaud Moritz/AFP/Getty Images

© Photograph: Thibaud Moritz/AFP/Getty Images

© Photograph: Thibaud Moritz/AFP/Getty Images

International Criminal Court shortlisted for EU award as MEPs urge protection for its judges against Trump sanctions

20 October 2026 at 10:02

The International Criminal Court (ICC) has been shortlisted for the Sakharov Prize for Freedom of Thought, an annual human-rights award from the European Parliament.

The announcement on Monday (19 October) comes after US president Donald Trump put his weight behind Israeli efforts to discredit the international judicial body by extending sanctions against it.

The ICC issued an arrest warrant in 2024 for Israeli prime minister Benjamin Netanyahu for alleged war crimes, as well as other senior Israeli officials and Hamas. The US then responded by targeting its judges by impeding their day-to-day activities such as banking.

New sanctions against the court were announced by the US administration this month after the Nobel Peace Prize went to Navi Pillay, a former ICC judge who wrote a UN report concluding Israel is committing ​genocide in Gaza.

The ICC court labelled the move as an “assault on the rule of law” and called on countries to step up to protect it.

Sakharov Prize finalists named 

Members of the EU parliament’s foreign affairs committee shortlisted the ICC and its members for the Sakharov Prize.

Named after the Soviet nuclear scientist dissident Andrei Sakharov, the award has been previously awarded to the likes of Iranian protest icon Mahsa Amini and to the Ukrainian people enduring Russia’s attacks.

“We stand by the ICC and its officials, and we are committed to safeguarding its work,” said Yannis Maniatis, Greek MEP for the Socialists & Democrats group which nominated the ICC for the award. “If the aggressors become the victims, and if we stand by helplessly as international justice erodes, we risk allowing those who believe themselves above the law to prevail.”

Tundu Lissu, a Tanzanian opposition figure in court for inciting the public to disrupt an election and facing the possibility of death row, is also a Sakharov Prize finalist. “There is no doubt about the political nature of his detention,” said David McAllister, MEP for the European People’s Party who co-nominated Lissu.

This article continues, but the full version is available only to EUobserver.com subscribers. Visit account.euobserver.com/membership

Dhaka’s silence on Saudi executions puts remittances over lives

20 October 2026 at 09:44

Saudi Arabia executed two Bangladeshis on October 14 but Dhaka’s response was conspicuously restrained. Its consulate in Jeddah reportedly sought formal confirmation and the foreign ministry requested details. Officials then reassured Riyadh that bilateral relations would remain unaffected. Public sentiment, reflected in a flood of angry and frustrated social media posts, stands in sharp contrast […]

The post Dhaka’s silence on Saudi executions puts remittances over lives appeared first on Asia Times.

Why terrorism laws stopped Sally Rooney selling books in the UK – podcast

The bestselling author says her books will no longer be supplied to UK bookshops over fears of prosecution. Zoe Williams and Haroon Siddique report

For now there might be a copy or two of Intermezzo left kicking around in your local bookshop – snap it up if you haven’t already, because soon that will be it.

Last year, Sally Rooney said she would be using her royalties to support Palestine Action, a group that is proscribed as a terrorist organisation under UK law. Since then, thousands of people have been arrested for supporting the group. Now, faced with the risk of prosecution under terrorism legislation, Rooney and her publishers have decided to stop supplying her books to retailers in the UK.

Continue reading...

© Photograph: Kin Cheung/AP

© Photograph: Kin Cheung/AP

© Photograph: Kin Cheung/AP

Argentine Police Face Criminal Complaint Over Repression of University March

19 October 2026 at 21:48
Human rights bodies filed legal complaints following the disproportionate police action against university demonstrations in Buenos Aires. Photo: EFE.

Argentina’s Provincial Commission for Memory (CPM, in Spanish) filed a criminal complaint Monday against national government officials over the police operation that left more than 550 people injured during the fifth federal university march in Buenos Aires.


The complaint, submitted to the Federal Court led by Judge Sebastián Ramos, calls for an investigation into both the officers who took part in the operation and the political authorities who ordered the security deployment during the day of protest.

A report prepared by the autonomous body found that the police intervention stretched on for more than three hours.

RELATED: Repression at Argentina’s University March: Over 30 Detained

Security forces fired rubber bullets horizontally at the bodies of demonstrators, deployed water cannons at high pressure and launched more than 120 tear gas grenades in what the report described as a disproportionate use of force.

The formal filing also stated that the attacks reached medical assistance teams, press workers and human rights observers. At the same time, the National Committee for the Prevention of Torture monitored the street actions and warned of an abusive use of force that led to the detention of four adults and two teenagers.

Over 550 Injured

The figure of more than 550 people affected or injured gives the operation a scale recorded in Argentine protests. The Argentine Provincial Commission for Memory report documented the trajectory of the rubber bullets, the intensity of the water cannons and the volume of chemical agents deployed against a crowd that included students, teachers and ordinary citizens.

The fifth federal university march brought thousands of people into the streets across the country to demand that President Javier Milei enforce the University Financing Law. The legislation, approved by the National Congress and reaffirmed after being vetoed by the executive branch, has the backing of the judiciary to guarantee the budget of the public education system.

Human rights organizations demanded the urgent delimitation of criminal and institutional responsibilities in the face of the reported escalation of violence. Torture prevention bodies stressed that the use of less lethal weapons requires strict protocols to protect the integrity of those exercising their constitutional right to protest.

Judicial Action Advances

The advance of the legal actions keeps the conduct of the Ministry of Security and the management of social conflict in the Argentine capital at the center of national debate. The complaint before Judge Ramos seeks to establish who ordered the deployment and who allowed the operation to continue for hours despite the growing number of injuries.

University communities announced that they will maintain institutional and street actions to demand the budget allocation that the law grants to higher education institutions. The protest movement shows no sign of retreat, even as the judicial process begins to examine the events of the march.

The Provincial Commission for Memory (CPM, in Spanish), an autonomous body with a long record of documenting state violence, placed the operation within a broader pattern of concern. Its report argues that the use of force crossed the line separating legitimate public order maintenance from punishment aimed at those who dissent.

The case now rests with the Federal Court, which must decide whether to summon the security agents and the political officials identified in the filing. The outcome will shape how Argentina addresses the use of force against social protest, a question that has divided the country since the march left its toll of injured demonstrators on the streets of the capital.

Fired OpenAI engineer accused of bugging office won't be released from jail

19 October 2026 at 21:05
The Phillip Burton Federal Building and US courthouse in San Francisco.
San Francisco's federal courthouse held the detention hearing for Abdulrahman Alfozan, the arrested and fired OpenAI engineer, on Monday.

Brennan Smart/Bloomberg via Getty Images

  • Abdulrahman Alfozan will stay jailed pre-trial, a San Francisco judge decided Monday.
  • The engineer is accused of bugging a conference room at OpenAI, and he has been fired.
  • Alfozan posed a risk of non-appearance, the judge said, after discussing his ties to Saudi Arabia.

A former OpenAI engineer accused of bugging the AI startup's office was denied release by a San Francisco judge on Monday, meaning he'll have to mount his defense from jail.

The Justice Department arrested Abdulrahman Alfozan on October 9 and charged him with using or attempting to use a device to intercept oral communications. He's accused of placing a recording device behind a television in an OpenAI conference room — an FBI affidavit includes photos of the device wrapped in toilet paper, and a man they say is Alfozan peering behind the TV.

On Monday, the engineer wore a yellow surgical mask and a jail-issued orange sweatshirt to the San Francisco courthouse. Magistrate Judge Alex G. Tse prodded Alfozan's legal team about the risk that he might not appear for a future court hearing.

Tse said that Alfozan's wife and son had traveled to Saudi Arabia with no plans to return, and went back and forth with Yasin about a one-way ticket that Alfozan had previously booked to the country. Tse said that Saudi Arabia and the US do not have an extradition agreement, and expressed skepticism that he had sufficient ties to the Bay Area to prevent his departure.

William Pernik, Alfozan's attorney, argued that, rather than being detained, Alfozan should be fitted with an ankle monitor, ordered to stay home, and have limits placed on his use of technology. The lawyer also said Alfozan is willing to put up "essentially all the money his family has" as bond, including a roughly $1 million investment account.

"Everything this man has, he's willing to surrender, and say, 'I'm not going anywhere,'" Pernik said.

Pernik and Nas Yasin, another of Alfozan's attorneys, cited his coming naturalization interview as evidence of his local ties.

"He was weeks away from achieving every immigrant's dream in this country," Pernik said.

Yasin told Tse that she learned Alfozan's wife had obtained a short-term visitor visa to return to the US, to help improve her husband's case for ties to the Bay Area.

Tse also asked Alfozan's legal team a slew of questions about his relationship with Saudi Arabia, including a commitment by the Saudi consulate to pay his bond and support his legal effort.

Nick Parker, an assistant US attorney, appeared for the prosecution. He argued that the threat of forfeiting a $1 million bond wouldn't be enough to convince Alfozan to return if he made it out of the US, because he might be able to earn more money in Saudi Arabia.

"There is a real threat here that once he leaves, the case is over," Tse responded.

The judge scheduled the case's next hearing for early November.

OpenAI called the recording device "sophisticated" when the arrest went public, though it said it hadn't found signs that he'd taken AI model weights, source code, or customer information. OpenAI fired Alfozan.

Alfozan's charge carries a maximum penalty of 5 years. Pernik said in a statement last week that the allegations "appear wholly out of character for him."

Alfozan, 35, has a green card that makes him a lawful permanent resident of the United States. He attended MIT, then worked at Facebook (now Meta) from 2017 to 2023. After a stint at the engineering startup Nash Technologies, Alfozan joined OpenAI in 2025.

FBI agents have already taken Alfozan's Saudi passport.

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Ukraine's EU integration chief slams proposal to pick chief prosecutor in open contest

19 October 2026 at 18:50
The EU has demanded a reform of Ukraine's notoriously corrupt and politicized prosecution service and called for making the procedure for picking the prosecutor general less political and more merit-based. Meanwhile, anti-corruption activists and pro-reform lawmakers have accused the Ukrainian authorities of sabotaging rule of law reforms and resisting the demand for depoliticizing the Prosecutor General's Office.

Prosecutors say ex-OpenAI employee accused of planting recording device received 'what appears to be considerable support' from the Saudi government

19 October 2026 at 21:13
Security footage of Abdulrahman Alfozan, 35, in OpenAI executive conference room
A man described as Abdulrahman Alfozan, a Saudi national employed as an OpenAI engineer, looks behind a television where a recording device has been placed in a conference room at OpenAI.

DOJ/Reuters

  • Prosecutors say an ex-OpenAI employee accused of planting a recording device appears to have received support from the Saudi government.
  • A federal magistrate judge ruled on Monday that Abdulrahman Alfozan should remain in custody.
  • Prosecutors said that Alfozan frequently communicated with a member of the Saudi Royal Family.

Federal prosecutors say that a former OpenAI employee accused of planting a recording device received "what appears to be considerable support from" the Saudi government.

Prosecutors made the disclosure in a motion to keep Abdulrahman Alfozan, a Saudi national and former OpenAI employee, in custody pending trial. US Magistrate Judge Alex G. Tse ruled on Monday that Alfozan should remain in custody.

Alfozan had been in contact as recently as October 5 with an unnamed member of the Saudi Royal Family, whom he frequently communicated with on WhatsApp over the last two years, prosecutors said.

"In May 2026, the individual told the defendant, 'Saudi needs you more then [sic] the US!' to which the defendant responded '100,"' indicating he agreed," prosecutors wrote.

The FBI arrested Alfozan on October 9. According to a criminal complaint, Alfozan planted a recording device in the back of a TV in an OpenAI conference room where sensitive discussions take place. OpenAI's security cameras caught Alfozan near the conference room on multiple occasions, despite his lack of authorization to the high-level meetings held there, prosecutors said.

"In the days surrounding the time period that the device was installed, OpenAI executives met with government officials in that very room," prosecutors wrote in a filing on Sunday. "Defendant's conduct could pose a danger to the national security of the United States."

The complaint included a photo of what prosecutors said was Alfozan peering behind the TV where the recording device was found.

In addition to his WhatsApp messaging, prosecutors wrote that an unnamed member of the Saudi military booked a flight for Alfozan's wife and son on October 11, despite an existing reservation for an October 12 flight, which prosecutors said was "paid for by the Saudi government."

Prosecutors also disclosed more information about Alfozan's alleged efforts to plant the device. According to the filing, Alfozan's iPhone had photos of "what appear to be the input/output panels on televisions and other electronic devices in various locations in OpenAI buildings."

Those locations, prosecutors wrote, included "another conference room where sensitive meetings frequently occurred."

Other files on the phone, including a note modified as recently as September 13, listed "Riyadh tasks" like "finding an apartment and a job for the defendant's wife, as well as obtaining an ID and a Saudi passport for his son," the filing said.

Another note titled "OpenAI leave" suggested that Alfozan "was planning an '[e]arly … pick up' of the devices he had installed or intended to install and then extending his planned parental 'leave to full.,'" prosecutors wrote.

As part of their reasons for requesting that the former OpenAI engineer remain in custody, prosecutors wrote that Alfozan's wife and son left the US without him and are now in Saudi Arabia. The filing also said "both of his parents and all (or all but one) of his siblings" are in Saudi Arabia.

In a separate filing, William Pernik, Alfozan's attorney, said that the former OpenAI engineer did not pose a flight risk.

"Mr. Alfozan was made aware of OpenAI finding the device per its own filings and OpenAI's public statements, approximately eight to ten days before he was arrested," Pernik wrote. "If his intention was to flee, he would have done so at that time."

Pernik said that prosecutors' previous disclosure that Alfozan had purchased a one-way ticket to Saudi Arabia lacked context.

"Seventy percent of the airline bookings in his email since January 2021 (96 of 138) were one-way tickets," Pernik wrote.

Read the original article on Business Insider

Italy is at war with Russia, the State Attorney General’s office says

By: A A
19 October 2026 at 15:30

If the State considers itself to be at war, why does it not state so where the Constitution requires it to do so?

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Contact us: info@strategic-culture.su

The Ravenna case

It all begins in Ravenna, a historic city and major Italian port on the Adriatic coast. The port of Ravenna is a civilian port: bulk cargo, fertilizers, containers, cruise ships. Yet in a brief filed this summer with the Council of State, the State Attorney General’s Office attributed “military significance” to it within the country’s maritime defense system. The reason lies in a single sentence: making certain data public would pose an unacceptable risk because “a ‘piecemeal’ and ‘hybrid’ world war is underway, involving, among others, Italy as well.”

The data did not consist of routes, schedules, or ship names. They were aggregate figures: the amount of military equipment that left the port in 2025, broken down by four-month period and categorized as exports or transit. Journalist Linda Maggiori had requested this information in January under the general right of access to public information—Italy’s equivalent of the FOIA—which does not require justification. On October 13, Il Fatto Quotidiano turned the statement into a national issue. On October 16, the Sixth Section of the Council of State rejected the Customs Agency’s appeal.

In February, the Customs Agency, which reports to the Ministry of Economy and Finance (MEF), denied the request entirely, citing national security, public order, and commercial confidentiality. Maggiori, represented by attorney Andrea Maestri, filed an appeal with the Emilia-Romagna Regional Administrative Court (TAR), which on July 1 partially upheld the appeal: the quantities must be made public because the numerical data is “neutral,” while the destinations may remain confidential. Customs, represented by the State Attorney’s Office, filed an appeal. The Council of State upheld the Regional Administrative Court’s ruling: the administration failed to demonstrate either the necessity or the concrete nature of the harm. It also noted “apparently contradictory” conduct, as the Livorno Customs Office had previously provided similar data without objection.

In February 2025, approximately 13 metric tons of forged parts bound for an Israeli defense company were seized in Ravenna without export authorization; the proceedings are ongoing, and the presumption of innocence applies. It appears that on October 14 of this year, another 4 metric tons were at the port.

What does “war” mean, who decides, and the arms law

The word has three meanings, and memory confuses them. The first is constitutional. Article 11 establishes that Italy “rejects war as an instrument of aggression against the freedom of other peoples and as a means of resolving international disputes.” Article 78 entrusts the Chambers with the authority to declare a state of war and to grant the necessary powers to the government; Article 87 assigns the declaration of war to the President of the Republic. In the history of the Republic, a state of war has never been declared: neither in 1991, nor for Kosovo, Afghanistan, or Libya.

The second meaning is international: under international humanitarian law, armed conflict exists de facto, but supplying weapons to a belligerent party—according to prevailing legal opinion and that of the International Committee of the Red Cross—does not make one a party to the conflict. The third issue is political-strategic. “Hybrid warfare” (cyberattacks, sabotage, disinformation below the threshold of armed conflict) and “proxy war” are analytical tools, not legal categories. In a judicial ruling, therefore, a political term was used to justify an exception to a legal right. The Council of State rejected the postponement.

Parliament declares a state of war, authorizes missions (Law 145/2016), and receives the annual report on exports. The government authorizes exports through the UAMA of the Ministry of Foreign Affairs; the Prime Minister is the sole custodian of state secrets (Law 124/2007), under the oversight of COPASIR. The President of the Republic chairs the Supreme Defense Council. The Ministry of Defense signs the classified aid packages for Ukraine. The State Attorney’s Office, which reports to the Prime Minister’s Office, defends government agencies in court: its briefs are legal documents, not foreign policy statements. No minister has yet clarified whether they agree with the statements made therein.

Moreover, the information has never been classified as a state secret. Customs authorities have invoked the relevant provisions of Article 5-bis of the Transparency Decree (Legislative Decree 33/2013), which allow for a refusal only if necessary to avoid “concrete harm” to national security, defense, or international relations.

Law No. 185 of 1990 prohibits the export and transit of arms to countries engaged in armed conflict in violation of Article 51 of the UN Charter, to countries whose policies conflict with Article 11, to countries under embargo, or to those responsible for serious human rights violations. However, it excludes government-to-government transfers and transits for NATO forces. The annual report to Parliament (Art. 5) lists authorizations by country and company, not by port: no public document specifies how much passes through a single port. This is the gap that the Ravenna petition sought to fill. According to the Peace and Disarmament Network, the government’s reform bill, approved by the Senate in 2024 (A.C. 1730), would reduce the data included in the report; based on the sources consulted, it has not yet been definitively approved.

Those who defend confidentiality argue that harmless data—aggregated and cross-referenced with maritime tracking data—could reveal supply routes: this is the argument used by the Trieste Customs Office to deny an identical petition. Also important are obligations to allies and corporate confidentiality. Those advocating for transparency point out that Law 185 stems from the idea that arms require more public oversight, not less, because they pertain to Article 11 and, in the case of free transfers, involve public funds. An annual total does not enable hostile actions, and data published in Livorno does not become dangerous simply because it is in Ravenna.

Secrecy has a legitimate place. The Constitutional Court has linked it to national security since Ruling 86/1977 and reaffirmed this in the Abu Omar case (106/2009). Secrecy becomes problematic when it loses its criteria: concrete evidence of harm, proportionality, a time limit, consistency among agencies, and oversight by a judge or Parliament. The argument of a “piecemeal world war” failed on all counts. It did not identify any harm, rejected the Regional Administrative Court’s (TAR) compromise solution, treated data from a past year as if it were an ongoing operation, and contradicted the Livorno ruling. If merely invoking a widespread conflict suffices, then that justification applies to any data and indefinitely: hybrid wars, as described in official documents themselves, have no declared beginning nor anticipated end.

That language has a specific origin: the Ministry of Defense’s non-paper from November 2025, according to which Italy is already embroiled in a hybrid conflict. Committees and unions believe that part of Ravenna’s cargo is destined for Haifa and Ashdod: the withheld data would make it possible to verify this.

The political paradox

The government states in Parliament that Italy is not at war; one of its agencies writes the same in court to conceal a figure. The case was successfully closed, but only thanks to a journalist willing to pursue the matter through two levels of appeal. Yet, even with the case closed, the gravity of what was stated remains.

If the state deems the international situation serious enough to restrict the right to information, that assessment cannot be confined to a customs office or a legal brief. The logic of Article 78 applies even on a small scale: whoever invokes the exception must answer for it before Parliament. All that is needed is the uniform publication of quantities for each port—as requested by the Ravenna Region and Municipality—their inclusion in the report on Law 185, and a review of the classifications by COPASIR, with predefined deadlines.

An emergency becomes permanent when no one declares it and no one revokes it. One question remains for Parliament: if the State considers itself to be at war, why does it not state so where the Constitution requires it to do so? And if it does not consider itself to be at war, by what authority does one of its bodies write as much?

AI could eat Big Law's billable hours. Cooley's boss says bring it on.

19 October 2026 at 14:50
Person stands by floor-to-ceiling office windows overlooking a bay, waterfront, and distant bridge.
Rachel Proffitt.

Rachael Wright for BI

Cooley has made billions doing what law firms do: hire great lawyers, bill for their time, and keep clients happy. Artificial intelligence is scrambling that formula. If machines can do in minutes what once took an associate hours, what exactly should clients be paying for?

Rachel Proffitt thinks she has the answer.

On a toasty October afternoon in San Francisco, I met Proffitt for lunch to talk about the future of the global law firm she now leads. When the check arrived, neither of us knew how much the restaurant paid the dishwasher or how many minutes the chef spent preparing our meal. We were paying for the experience, not the labor behind it.

Why, she wondered, should legal services be so different?

"Clients have never been excited about the fact that it took us 82 hours to do something. They don't care," she says. "They just want the outcome. They want the results."

The billable hour is only the beginning. AI is forcing law firms to rethink how many associates they really need and how those young lawyers learn their craft. Client relationships are changing as companies use software to get a head start on the work they send to outside counsel. Some of that work may never reach a lawyer at all.

If tech is about to reinvent law firms, Cooley should be one of the firms with the clearest view of what's coming. From its early days on San Francisco's Market Street, it worked with semiconductor manufacturers and venture capitalists when the valley was still covered in fruit trees and canneries. Cooley grew up alongside the tech industry, and today it is as comfortable defending Meta in court as it is helping Andreessen Horowitz round up billion-dollar funds.

That evolution has been lucrative. Cooley says its gross revenue jumped from $912 million in 2015 to $2.4 billion last fiscal year. Its crosstown rival, Wilson Sonsini, brought in $1.7 billion in 2025, according to The American Lawyer. Still, the gulf between Cooley and Big Law's largest firms remains enormous. Kirkland & Ellis, the industry's revenue leader, cracked $10 billion last year. Latham & Watkins, another go-to firm for Silicon Valley, hit $8.3 billion.

The next wave of tech public listings promises a fortune in legal fees for the chosen few. Gibson Dunn landed SpaceX's IPO. Anthropic tapped Wilson Sonsini for its coming listing. And Cooley is reportedly sharing OpenAI's IPO work with Wachtell Lipton, one of Wall Street's most formidable law firms.

The irony is hard to miss. Big Law is fighting for a piece of the biggest technology companies in the world, even as those companies build the tools that could upend the business of law itself.

Proffitt came up as a lawyer under the old rules. Her next task is to figure out what it will take to build a great law firm under the new ones.


'The winner's circle'

A seated person in black clothing poses beside a patterned wall and wood paneling.

Rachael Wright for BI

Profitt didn't grow up wanting to be a lawyer but liked how law school taught her to think. Litigation was out of the question: Public speaking during mock trials made her stomach turn. "It was transactional law or bust," she says.

She started her career as a summer associate at Wilson Sonsini and worked her way up to partner. She fell in love with the intensity of the work, pulling all-nighters at the financial printers where she marked up securities filings by hand. She recalls the Christmas Eve when her father marveled that she had made it through the day without taking a work call. After 15 years at the firm, she left for Cooley in 2017.

Three years ago, Proffitt got a call at home that she didn't see coming. Joe Conroy, then Cooley's chief executive, wanted to know whether she would consider succeeding him.

She was flattered, but also "a bit terrified," she says. She spent two decades helping startups, including Unity Software, Procore, and Instacart, raise money and go public. Running a firm with 3,000 employees was another matter. She talked to her family, then put herself forward for the job. She started in 2024.

Proffitt couldn't have guessed how quickly AI would jolt her industry from its steady state. It wasn't too long ago that clients insisted that the technology go nowhere near their work, fearing what would happen if their data disappeared into someone else's model.

"It was clear to me then that we don't get to just exist as we are and continue to be at the top of our game," she says.

Cooley had remade itself once before. The firm's Silicon Valley roots were both a strength and a liability, said Conroy in an interview. Cooley was known for helping startups get off the ground. The conventional wisdom was that as those companies grew, they would graduate to one of the elite New York law firms for their biggest deals and courtroom battles.

To keep clients from the garage to the boardroom, as Conroy put it, Cooley needed to expand. It opened new offices and built out its litigation and capital markets practices. The firm also spent years courting Wall Street banks, says Proffitt, so that when a company asked which law firm to hire for its IPO, Cooley would make its shortlist.

Today, its client roster reads like a Kiplinger roundup of hot tech stocks: Nvidia, Uber, Snowflake, and Zoom, to name a few listings it worked on. Since 2016, Cooley has advised issuers on 183 IPOs that raised nearly $59 billion, making it the second-most active firm by deal count after Latham, according to Deal Point Data. Proffitt wouldn't discuss reports that Cooley has landed OpenAI's IPO work.

For 16 years, Conroy pushed Cooley toward what he calls Big Law's "winner's circle." Proffitt's job is to get it there.


Startup speed

Person in black clothing stands with arms crossed beside tall windows overlooking city buildings and water.

Rachael Wright for BI

Her strategy starts with making Cooley move more like the tech companies it represents.

Proffitt recruited David Wang, a former lawyer turned legal technology executive, with an ambitious mandate. She didn't just want to make Cooley's lawyers more productive, Wang said in an interview. She wanted to change how clients interact with them altogether.

Earlier this year, Cooley launched a tool with the startup Legora that lets Y Combinator founders review common contracts without calling a lawyer. OpenAI helped it build a tool for Cooley's lawyers to prepare paperwork for companies going public. Next, Cooley is working with Google on an AI agent that scans documents for confidential information before they're filed in court, then suggests redactions for lawyers to review.

There's something almost cannibalistic about a law firm building software that could eat into its own billable hours. But Cooley sees a bigger risk in letting someone else do it. In-house legal teams are increasingly using chatbots to take the first crack at work they would otherwise send to outside counsel. A new breed of "AI-native" law firms is promising cheaper, faster services.

Big Law does not want to be caught flatfooted. Firms are throwing money at startups like Harvey and Legora, and increasingly, they're building their own technology. Kirkland has committed $500 million to proprietary software, starting with a platform for private equity fundraising built with Palantir. Latham bought its own Nvidia servers so it can customize models in-house. Like Cooley, Wilson Sonsini has self-service tools that let companies handle basic legal work.

For Proffitt, the danger isn't lost billable hours. It's the missed connections. The scrappy startup that needs a contract reviewed today might need help closing an acquisition later. But if the bots take care of the small stuff, Cooley could miss its chance to build the relationship.

Proffitt says Cooley must find new ways to connect with clients. Putting technology in their hands is one option, even if it means giving away a little of the work.

"When you need the next thing that matters, the thing that you don't trust to put into the machine," she says, "how do I ensure that you want to talk to our team?"

The firm is also rethinking its own structure for the new era. Wang now leads Cooley AI, a wholly owned subsidiary designed to operate at something closer to startup speed. The separate company gives his team more freedom to hire engineers and put new technology through its paces, he says, without getting bogged down in the parent firm's bureaucracy.

The irony, Proffitt says, is that all this technology could leave lawyers with more time for the human stuff. Lawyers may visit their clients more. Talk through thorny decisions. Drop in on the strategy session to learn how their advice fits into a client's business.

Keeping those relationships alive might require a little more old-fashioned schmoozing. When I asked Proffitt whether the answer was throwing great parties, she didn't entirely disagree. "Everyone loves a party," she says.


The future of legal work

Proffitt doesn't pretend to have a crystal ball. She has ideas, though.

The billable hour? Not dead yet. She expects law firms to offer clients a menu of pricing options, from hourly rates to flat fees and outcome-based pricing.

Hiring slowdowns at the junior level? "Too early to tell," she says.

The apprenticeship model? That gets trickier. If software can write first drafts and spot issues, how will young lawyers get the practice they need? Proffitt says Cooley is exploring ways for associates to sharpen their skills on simulated legal matters, starting with AI-powered mock depositions.

Proffitt came up in an era when canceled dinners and all-nighters were a badge of honor. She's betting that the next generation won't need quite so many of them to become great lawyers. Her test will come a decade from now, when today's junior associates are ready to make partner.

If Cooley has found a better way to teach them, perhaps the old model won't be missed. If it hasn't, no amount of AI can make up the difference.


Melia Robinson is a senior correspondent at Business Insider, where she writes about how artificial intelligence is changing the legal industry.

Read the original article on Business Insider

Hero Oregon Dad Showed the Importance of Defying Restrictive Gun Laws

19 October 2026 at 12:00
Silver Rail Elementary School | Google Earth

Last week, not only did Oregon's restrictive gun laws fail to stop a shooter intent on killing innocent people, but a passing good Samaritan had to violate those laws to end the murder spree. Fortunately, authorities don't appear intent on prosecuting Kaylub Giamanco, father to two girls who attend the school, for ignoring the ban on guns on school grounds to save lives. But the law is clearly more of a threat to people with good intent than it is to those bent on doing harm. Such laws should and must be defied, but lawmakers need to remove these legal minefields before they do more damage.


A Hero Dad With a Gun Stops a Murder Spree

"I want to start by thanking and praising the quick thinking and courage of the Silver Rail Elementary School staff and parents—and the first responders who rushed to the scene," Oregon Gov. Tina Kotek commented in a press release after the attack by a 16-year-old shooter at Silver Rail Elementary School in Bend, Oregon. "And to the community member who heroically intervened to stop further loss of life, your actions carry a heavy emotional burden—and my thoughts are with you."

That community member was Kaylub Giamanco, who had two daughters at the school. He was reportedly driving past when he saw the shooter approaching Silver Rail with a shotgun in hand. Giamanco parked his vehicle, grabbed his firearm, and followed the shooter, who had blasted his way through the facility's locked doors.

The shooter murdered four people, but Giamanco was able to kill him before he did any more damage. In the incident, the murderer obviously violated the law. But so did Giamanco.


Restrictive Laws That Had To Be Ignored

"Oregon gun laws are rated as the 12th strictest in the nation according to data collected by gun violence prevention group Everytown for Gun Safety, but they didn't stop the shooting of four elementary school children and two teachers at a Bend elementary school on Thursday," wrote Lillian Mongeau Hughes of The Oregonian. (Reports say three children and a teacher were murdered, with two others injured.)

The gun-control group Everytown for Gun Safety boasts that "Oregon has passed a broad range of gun safety laws in recent years, including a requirement that guns be securely stored whenever they are not in their owner's immediate control, a prohibition on guns at the state capitol, and a law that gives universities the authority to prohibit guns on their grounds."

The similarly restriction-oriented Giffords Law Center to Prevent Gun Violence gives Oregon an A- for its laws, ranking the state 11th out of 50. The group notes that the state "allowed local governments to limit firearms in government buildings."

Of specific interest in this case, the state adopted a law in 2021 that, among other things, says "the governing board of a community college or a district school board" may adopt policies banning guns on school grounds, even for those "licensed to carry a concealed handgun."

Importantly, the Bend–La Pine Schools, which include Silver Rail, mandate that "no person on grounds of the schools controlled by the Board of Directors for Bend–La Pine Schools (including in school buildings) shall bring to, possess, conceal or use a weapon or firearm at any property under the jurisdiction of Bend-La Pine Schools, any activities under the jurisdiction of the district, or any interscholastic activities administered by a voluntary organization (i.e., Oregon School Activities Association). This prohibition includes those who may otherwise be permitted by law to carry such weapons or firearms."

The prohibition applies to the Silver Rail murderer, though it was unlikely to be a concern to a person already intent on slaughter. It also applies to Giamanco, who stopped the attack and who must now—probably successfully, given the case's high profile—rely on the authorities to not enforce their own laws.


A Long History of Defensive Use of Firearms

Giamanco is by no means alone in taking the initiative to stop an attack. I've written in the past about Jordan Salinas and others in the Twin Falls incident, as well as Elisjsha Dicken at the Greenwood Park Mall in Indiana. The actions of bystanders are crucial given the evidence that would-be mass murderers must be countered with defensive force within the first 30 seconds to avoid a double-digit body count.

There were 634 active attacks in the United States between 2000 and 2025, according to the Advanced Law Enforcement Rapid Response Training (ALERRT) Center at Texas State University. ALERRT defines an "active attack" as an incident in which "an individual or individuals is actively killing or attempting to kill multiple unrelated people in a public space." Of those, 374 were resolved before police arrived, with 29 concluded by civilians shooting the perpetrator and another 60 attackers otherwise subdued by civilians.

That's certainly not a full count of actions by armed citizens to defend themselves and others. The 2026 National Firearms Survey finds that "guns are used defensively by firearms owners in approximately 2.2 million incidents per year. In most defensive incidents no shot was fired (76.3%), about half (50.8%) involved more than one assailant, and in 70.6% of incidents respondents report that the defensive use was successful, such that no crime remained to be reported to the police."

Undoubtedly, many of those incidents aren't reported to the police because people who have just averted a threat to themselves or others don't want to get entangled with a legal system that is all too often hostile to self defense. If all has ended well, why risk arrest for violating a law that would have prevented you from defending yourself or that you may not even have known about?

As The Oregonian points out, Oregon's "strong laws" didn't stop the shooting. Those laws ban murder, of course. They also specify that "guns be locked, stored in gun safes or in specialized gun rooms as a way to keep children from accessing firearms," according to the report. "Police have not said if those laws were violated." They also ban guns on the grounds of schools with restrictive policies.


Authoritarian Laws Don't Deter Evil and Should Be Defied

The thing about criminals, though, is that they don't obey laws. That's especially true of those who plan murder sprees they don't intend to survive. The consequences the perpetrators anticipate involve death, and if that's not a deterrent, the potential prosecution of their moldering corpses holds little weight.

Unfortunately, legal peril can be a deterrent to good people who intend no harm. The threat of authoritarian laws and malicious prosecutors who enjoy state protection could convince some people to leave the means of self defense at home. Fortunately, Kaylub Giamanco wasn't one of them.

Giamanco's example at Silver Rail Elementary School is one to be emulated. If we're to protect ourselves, our children, and our neighbors, we have a right and a duty to defy laws that seek to disarm us and put us at the mercy of human predators. But we shouldn't have to suffer the threat of such laws to exercise our natural self-defense rights. Given the inability of weapons restrictions to deter crime and the harm they pose for good people, government officials need to eliminate these embarrassing restrictions and get out of our way.

The post Hero Oregon Dad Showed the Importance of Defying Restrictive Gun Laws appeared first on Reason Magazine.

Environmental protection at local level requires ability to act

19 October 2026 at 07:40

What happens when the state entrusts a local authority with the responsibility of protecting the environment, without providing it with the necessary powers, staff or financial resources to fulfil that responsibility?

Can a local authority be held accountable for problems relating to waste, water, noise or urban development when it does not have the means to address them effectively?

This question has acquired particular significance in Cyprus following the reform of local self-government. The transfer and redistribution of competences have created increased expectations of local authorities and the new district government organisations.

Yet decentralisation cannot be limited to the transfer of responsibilities. To be meaningful, it must be accompanied by the necessary powers and resources.

A new European framework

This is precisely the issue that an important initiative of the Congress of Local and Regional Authorities of the Council of Europe seeks to address.

In October 2025, the Congress called on the Committee of Ministers to consider drawing up an Additional Protocol to the European Charter of Local Self-Government specifically concerning environmental protection at local level.

The European Charter of Local Self-Government enshrines fundamental principles concerning the autonomy, competences and financial resources of local authorities.

The new proposal seeks to give more specific expression to these principles in the field of environmental protection, recognising that municipalities and regional authorities are on the front line in addressing climate change, pollution and biodiversity loss.

The significance of the proposal lies in the fact that it does not merely seek to impose new obligations. The draft Additional Protocol provides that local authorities should have appropriate competences in environmental matters, as well as adequate financial resources for implementing local action and achieving environmental objectives. It also provides for consultation with local authorities before decisions are taken by state or regional bodies that affect them.

Equally important is the dimension of transparency and participation. The proposal recognises the need for local authorities to have access to environmental information and for citizens to participate in the formulation of environmental policies.

It also provides for a right to judicial protection for local authorities where they consider that the rights afforded to them under the protocol have been infringed.

The challenge for Cyprus

For Cyprus, this discussion should provide an opportunity to take the next step in the reform process.

Every new environmental competence assigned to a municipality or district government organisation should be accompanied by an assessment of its financial and administrative cost and by the provision of the corresponding resources, staff and technical support.

Otherwise, there is a risk that decentralization will become merely a decentralization of responsibility, without any genuine decentralization of power.

At the same time, local authorities should participate in shaping the state’s environmental policies that they are subsequently called upon to implement.

It is institutionally inappropriate to expect local self-government to achieve objectives in waste management, water management, urban planning or the response to climate change if it has not first been given a meaningful voice in their design.

This is where the real challenge for Cyprus lies following the 2024 reform.

Its success should not be judged solely by the new structures that have been created or by the number of competences that have been transferred.

It should be judged in practice by whether the new and reorganized local self-government authorities possess the financial autonomy, expertise, human resources and institutional capacity necessary to exercise their competences effectively.

Proposal

It would therefore be appropriate for every future transfer of environmental competence to local self-government to be accompanied, as a mandatory requirement, by a financial and administrative impact assessment identifying the resources required and the means by which they are to be funded.

At the same time, an effective mechanism for prior consultation with local authorities should be institutionalised before state decisions are taken that directly affect their environmental responsibilities. This would constitute a practical application of the principles promoted by the proposed Additional Protocol.

Ultimately, the Council of Europe’s proposal establishes a simple but fundamental principle: environmental responsibility must be accompanied by a genuine capacity to act.

Environmental protection cannot be decentralised merely as an obligation. Responsibility must be accompanied by the decentralisation of powers, resources and decision-making capacity.

Otherwise, what we have is not meaningful local autonomy, but rather the transfer of responsibility without the means necessary to exercise it.

Strait of Hormuz crisis traps 6,000 sailors as attacks on ships mount, UN maritime chief says

19 October 2026 at 03:23

Thousands of sailors remain stranded near the Strait of Hormuz amid escalating attacks on commercial ships, the United Nations' top maritime official warned Sunday after Iran accused the U.S. military of using an international emergency radio channel to threaten civilian crews.

The warning also came amid reports that 24 ships had been attacked on the waterway over roughly two weeks, underscoring growing concerns about maritime safety in the region, according to Financial Times.

"The situation continues to be severe and critical when it comes to international shipping," International Maritime Organization (IMO) Secretary-General Arsenio Dominguez told Fox News Digital.

"There is a double blockade and too many vessels have been attacked, particularly in recent days.

'VAST MAJORITY' OF IRAN'S ATTEMPTED ATTACKS ON STRAIT OF HORMUZ ARE UNSUCCESSFUL, CENTCOM SPOKESMAN SAYS

"Seafarers have continued to perish in these attacks and around 6,000 seafarers remain trapped since the beginning of the conflict," he warned, adding that his message was not to transit the Strait of Hormuz or put seafarers at risk "until we have guarantees."

Dominguez's warning followed an Oct. 9 letter to the IMO in which Iran alleged that the U.S. military used VHF Channel 16, an internationally designated maritime distress and safety channel, to intimidate Iranian crews in the Persian Gulf.

"VHF Channel 16 has been repeatedly occupied for prolonged periods by the United States military forces operating in the Persian Gulf," the letter stated.

TRUMP OPENS HORMUZ UNDER FIRE WITH ‘PROJECT FREEDOM’ AS IRAN WARNS OF ATTACKS

"During such transmissions, Iranian seafarers have been addressed in Persian with threatening, abusive and provocative language and in certain instances urged to abandon their vessels."

In a statement to Fox News Digital, U.S. Central Command defended its enforcement of the naval blockade of Iranian ports.

"The U.S. naval blockade has been in place for months and is professionally communicated to all international mariners," CENTCOM said.

"Vessels that refuse to comply with blockade enforcement receive multiple warnings, with ample opportunity to comply.

"American forces remain highly vigilant, focused and professional while fully enforcing the naval blockade against Iran."

Iran's complaint was submitted by Seyed Ali Mousavi and its ambassador to the IMO and circulated to member states on Oct. 9, according to a copy reviewed by Fox News Digital.

Tehran also accused American forces of turning the maritime safety channel into an "instrument of military intimidation and psychological pressure against civilian crews."

The letter cited commercial vessels, shipping companies and maritime operators but provided no recordings, transcripts or specific details of the alleged exchanges. Fox News Digital could not independently verify the accusations.

IRAN THREATENS TO HALT RED SEA TRAFFIC IN RESPONSE TO US MILITARY BLOCKADE OF PORTS

"Seafarers are not trained for combat, and they are not guilty of any conflicts that are happening around the world," Dominguez said.

"And we have seen this in several parts of the world where Channel 16, that should not be used for this kind of communication, starts receiving messages that may be perceived as actually threatening or that are outside the remit of why it was created."

Iran also asked the IMO to raise its allegations with member states and relevant international organizations, potentially including the International Telecommunication Union.

Dominguez said the IMO could review its regulations and procedures to determine whether stronger safeguards are needed, though he did not announce a formal investigation.

"Our role here at IMO is that when those situations take place, we will then look into any technical measures or any operational aspects that we may need to clarify further within our regulatory framework," he said, stressing that member states have equal rights to raise concerns, regardless of the conflict.

"We have a responsibility, and I have a duty as well, to circulate letters and notes that the countries actually put forward when they're also being affected."

WHO CONTROLS THE STRAIT OF HORMUZ RIGHT NOW? HERE'S WHAT THE SHIP TRAFFIC ACTUALLY SHOWS

"We take all that information, meet at the level of different meetings of the organization and have the discussions," Dominguez added.

"If it's demonstrated that we probably need to improve our rules in order to avoid communications issues, or that we need to enhance the knowledge of how these channels should be used, that is a role for us."

The IMO had recorded 100 confirmed maritime incidents across the region as of Oct. 9, with 24 seafarers killed since the conflict began Feb. 28. Dominguez also warned that fraudulent ship registrations and false flags have become major contributors to the danger.

"What we've also seen right now is an increase in fraudulent registries with false flags that are taking the risk and acting as shuttle tankers in order to bring goods in and out," he said. "That's one of the reasons that we're seeing an escalation.

"And it's the irresponsible shipowners that are taking the risk in order to actually be able to trade and move some of the goods and the cargoes."

WHITE HOUSE SILENT ON IRAN-OMAN HORMUZ PLAN TEHRAN SAYS WOULD BAN US WARSHIPS

"For me, any single case, any vessel that is attacked, any life of a seafarer that is lost, is a critical situation for me, because they are all relevant, they are all important."

Despite the confrontation, Dominguez said diplomatic channels with Iran remain open, though he has no direct contact with the Islamic Revolutionary Guard Corps.

"I have communications with all the member states of IMO, and that includes the Islamic Republic of Iran," he said.

"Of course, that's through the diplomatic channels. I don't have direct contact with the IRGC.

"I have conversations with them and they respond to my messages. You know, the information flows. What is difficult is to get final decisions because of the conflict that is ongoing."

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Fox News Digital has reached out to the Iranian Embassy for comment.

Kylie Minogue songs already used to train AI as tech firms ‘strong-arm’ Australian government, music body warns

Of the dozens of countries approached to water down their laws, Australia appears to be the only one considering it, publishers’ group says

AI has already been trained on the works of Australian artists including Kylie Minogue and Nick Cave without compensation, the peak global body for music rights has claimed, as the Australian government has been warned against giving in to “strong-arming” from tech companies seeking to weaken copyright law.

The International Confederation of Music Publishers (ICMP) – which represents Sony, Warner and Universal as well as thousands of independent publishers on six continents – has warned that of the dozens of countries approached to water down copyright laws, Australia appears to be the only to consider doing so.

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© Photograph: Dave Tonge/Getty Images

© Photograph: Dave Tonge/Getty Images

© Photograph: Dave Tonge/Getty Images

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