Business
Column: Molly White's message for journalists going freelance — be ready for the pitfalls
Molly White is the model of an indefatigable and intrepid journalist. Through her website Web3 is Going Just Great and newsletter Citation Needed, she keeps tabs on the hacks, scams, failures, hype and assorted legal difficulties swirling about the cryptocurrency world.
She’s also independent, which means she’s unprotected by the fortification of lawyers and resources erected by the owners of newspapers such as The Times to fend off legal threats, frivolous and otherwise, that are part of the arsenal of people and firms we write about.
So she has some advice for journalists tempted by the burden of having bosses to “just go independent,” enticed, say, by the siren call of freelancing: “Just do a substack! It’s the future of journalism.”
I am the legal team. I am the fact-checking department. I am the editorial staff. I am the one responsible for triple-checking every single statement I make in the type of original reporting that I know carries a serious risk of baseless but ruinously expensive litigation regularly used to silence journalists, critics, and whistleblowers.
— Molly White
White’s warning is, in a nutshell: “It’s not for everyone.”
Anyone who follows crypto scams is familiar with White’s work. A software engineer by training, she is a longtime Wikipedia editor who got interested in the dark underbelly of crypto when she tried to write a Wikipedia article about it.
She doesn’t find much if anything to like about the field, which she sees as a hive of people aiming to take advantage of the innocent and unwary — the facetious subtitle of her Web3 website calls it “definitely not an enormous grift that’s pouring lighter fluid on our already smoldering planet.”
But she does it all by herself.
“As an independent writer and publisher,” White wrote recently, “I am the legal team. I am the fact-checking department. I am the editorial staff. I am the one responsible for triple-checking every single statement I make in the type of original reporting that I know carries a serious risk of baseless but ruinously expensive litigation regularly used to silence journalists, critics, and whistleblowers…. I am the one who ultimately could be financially ruined by such a lawsuit. I am the one in charge of weighing whether I should spring for the type of insurance that is standard fare for big outlets to protect themselves and their staff, but often prohibitively expensive for independent writers.”
In recent weeks, White has had to fend off a couple of fatuous legal threats stemming from her work — one from a putative lawyer demanding that she take down a post for infringing a copyright under the Digital Millennium Copyright Act (it wasn’t an infringement), and some sinister legalistic-sounding noise from the crypto platform Coinbase. We’ll return to both in a moment.
Experts in the potholes and pitfalls facing writers — especially investigation-minded or merely activist journalists — say they’ve received a rising number of inquiries from those considering launching a freelance career. Lloyd Jassin, a New York lawyer specializing in publishing law — including copyright and libel law, among other issues important to independent writers — says he’s referred several clients to brokers who represent insurance firms for writers in the last few months.
Curiosity about the freelance life is rising for several reasons. Mass layoffs in the media industry have put thousands of journalists on the street, forcing them to ponder new ways to exercise their professional skills.
Substack and other such platforms purport to offer writers a way to acquire followers of their own, building their personal brands. And the performance of established news media in the recent election, including the decision of the owners of The Times and the Washington Post not to endorse a presidential candidate, may have inspired established staffers to consider an exit from corporate media.
Independent writers’ works are protected, if theoretically, by U.S. libel laws, which discourage defamation lawsuits by public figures, and by so-called SLAPP laws, which discourage “strategic lawsuits against public participation” — that is, lawsuits designed chiefly to intimidate or silence critics. But exercising one’s rights under those laws can require hiring a lawyer, sometimes at considerable expense. Plaintiffs deemed to have filed a SLAPP lawsuit can be required to cover the defendant’s legal costs, but that would happen only after motions in court.
White is no stranger to efforts to intimidate her. The most concentrated pushback she has received recently has come from Coinbase. The crypto platform is irked at White’s reporting that it may have violated federal law by making political contributions while negotiating for and subsequently holding a federal contract.
In conjunction with the watchdog group Public Citizen, White filed a formal complaint against Coinbase with the Federal Election Commission on Aug. 1. In her reporting, White has shown that some of its contributions to the crypto industry super PAC Fairshake were made within the period in which political contributions are barred, which extends from the start of a contributor’s contract negotiations through the completion of the contract. The U.S. Marshals Service awarded Coinbase the $7-million, one-year contract to help manage the government’s hoard of seized crypto assets in July.
Coinbase hasn’t responded directly to White. Its response to the accusation has come through a series of tweets by its chief legal officer, Paul Grewal.
The gist of Grewal’s argument is that the funding for Coinbase’s contract comes from seized crypto assets in the Justice Department’s Assets Forfeiture Fund, not from congressional appropriations. Therefore, he contends, Coinbase didn’t violate the law prohibiting political contributions by contractors paid from “funds appropriated by the Congress.”
“Seized crypto assets are not Congressionally appropriated funds, period,” Grewal wrote.
As it happens, the legal question is far from being so cut and dried. In fact, the definition of “appropriated” was settled conclusively by the Supreme Court, in a 7-2 decision handed down in May and written by Justice Clarence Thomas. The only dissenters were justices Samuel A. Alito Jr. and Neil M. Gorsuch.
In that case, the justices turned away a challenge to the funding of the Consumer Financial Protection Bureau, which derives from the Federal Reserve System. (The plaintiffs made an elaborately legalistic argument that such funding violates the “appropriations clause” of the Constitution and therefore the CFPB is unconstitutional.)
Thomas wrote that the plaintiffs had offered “no defensible argument” that the appropriations clause requires more than a congressional law authorizing “the disbursement of specified funds for identified purposes,” as was the funding for the CFPB.
By extension, so is the funding for the Coinbase contract. Indeed, the Congressional Research Service, in a close examination of the Assets Forfeiture Fund in 2015, found that for most purposes, the fund was the beneficiary of “a permanent appropriation” by Congress.
Grewal went further. Noting that he had placed his interpretation of the law on the record, he wrote that “repeating misrepresentations of facts after previously being put on notice is …. unwise.”
That sinister ellipsis is Grewal’s.
Grewal told me by email that no legal threat was implied by his tweet, and that Coinbase “certainly would make plain if it were our intent” to progress to a lawsuit.
Still, White interpreted Grewal’s tweet as “certainly a threat of something. I don’t think Coinbase is going to come and break my kneecaps, so a legal threat is the most obvious interpretation. It seems like a pretty clear threat to stop writing about this, or else.”
Public Citizen is sanguine about Coinbase’s swaggering. “Whenever corporate misconduct is pointed out, they always say ‘We didn’t really break the law, or the law doesn’t apply to us the way you think it does,’” says Rick Claypool, a research director at Public Citizen who co-filed the complaint with White. “It would be surprising if they said, ‘Oh, yeah, you’re right, whoops.’ Going up against a Goliath, they have a lot of strength to squish the Davids coming after them.”
Separately, White fielded a “takedown” notice from supposed representatives of Roman Ziemian, a co-founder of the alleged crypto pyramid scheme FutureNet. In an Aug. 19 post on Web3 is Going Just Great, White posted news reports that Ziemian had been arrested in Montenegro, and that he faces international warrants from authorities in Poland and South Korea.
The representatives tried to bribe her $500 to take down the post. When she refused, they copied the post to a blogging website, backdated it, and then claimed she had plagiarized it in an example of copyright infringement. She posted the notice, which came from a purported lawyer named Michael Woods with a Los Angeles address that doesn’t exist in Postal Service records. He didn’t respond to a message I left at the telephone number he listed.
How can independent journalists keep intimidation efforts like these at arm’s length? The goal of those threatening legal action, no matter how frivolous, is “to suppress criticism,” Jassin says. “Being a good journalist is the first defense,” he adds, so getting the facts right is indispensable.
White doesn’t keep a lawyer on retainer, but she knows lawyers who are “willing to glance at something I’ve received in my email inbox and reach out to offer support should one of those threats escalate into something more tangible” — which hasn’t yet happened.
“In a perfect world, reporting the facts would be enough to avoid frivolous lawsuits,” she told me. “But obviously, companies and people with resources are willing to file frivolous lawsuits regardless. That is a risk I take on, with hopes that being cautious and being very careful about fact-checking will at least stave off the worst.”
She advises journalists thinking about going independent to “think through if it would be life-altering to be on the risky end of an actual lawsuit.” There are ways, she notes, to “structure your business so you’re not risking your personal assets,” including finding insurance to cover one’s legal defense.
“Legal threats are only one component” of life as a freelancer. “There are a lot of other challenges — you don’t have employer-sponsored healthcare, or a 401k. A lot of readers think it’s an easy decision to quit a job and go independent. But despite all the challenges, I really love being independent.”
Business
Walmart’s EV chargers are coming to California with discounts for members
Walmart is rapidly expanding its network of electric vehicle chargers designed for customers to use while they shop.
The network could help fill gaps in EV infrastructure in states with greater need for chargers. Walmart, which has more than 5,000 locations in the U.S. and hundreds in California, says more than 90% of Americans live within 10 miles of one of its stores.
The chargers also offer an incentive for customers to choose Walmart — Walmart Plus members will receive a 10% discount off an average price of $0.46 per kilowatt-hour of energy at the company’s chargers.
Walmart chargers are already available at more than 75 locations in 17 states, with Texas boasting the most charging stations, followed by Florida and Arizona.
Matthew Nelson, Walmart’s director of energy policy, said last week on LinkedIn that the network will soon reach 29 states, including California.
“We are delivering on the promise of affordable, reliable and convenient charging,” Nelson said in his post.
According to Walmart’s website, six charging stations are coming to California soon, though the company did not offer a specific timeline.
The chargers will be installed at stores in Antelope, Brea, Fresno, Stockton, Suisun City and Vallejo.
Most charging sites in California will include eight to 16 fast-charging stalls, said Walmart spokesperson Kelsey Bohl.
The company first announced plans in April 2023 to install its own EV chargers at Walmart and Sam’s Club stores, with a goal of installing thousands of chargers by 2030. Partnering with ABB E-Mobility and Alpitronic, it added 25 new charging sites this past May and six more in June.
“Walmart is building a leading retail-integrated EV fast-charging network, focused on delivering an affordable, reliable and convenient charging experience where customers already shop,” Bohl said in an emailed statement. “Customers can charge while they shop, access stations through the Walmart app they already use, and benefit from affordable pricing.”
The charging stations already available include 612 individual charging stalls using 400-kilowatt chargers. Each stall has a dual charging cord with both Combined Charging System and North American Charging Standard connectors. The standard connectors, designed by Tesla, are smaller and lighter than the combined systems.
The primary way to pay for the chargers is through the Walmart app, but the company is also experimenting with built-in credit card readers to allow those without the app to use the stations.
Customers can check charger availability on the Walmart app. The company said the chargers will be available 24 hours a day.
Business
Waymo reports teen riders for bad behavior and delivers them to the police
Robotaxis could be turning into robocops.
A self-driving Waymo reported two teens to San Mateo, Calif., police on Monday after they were found drinking alcohol and shooting toy guns in the back of the vehicle.
According to a social media post from the San Mateo Police Department, officers detained two 15-year-olds after the Waymo they were riding in contacted the department and stopped in a parking lot until law enforcement arrived.
“Parents do you know where your teens are?” the San Mateo Police Department wrote on Facebook following the incident. “Waymo does!”
Officers removed both teens from the vehicle and determined they were using toy guns to shoot Orbeez out the windows. Orbeez are small, water-absorbing beads sold at toy stores.
“Toy guns, water guns, and BB guns all pose real dangers, especially to an untrained eye,” the Police Department said. “The simple handling of them can cause fear in [passersby].” “
A video posted on Facebook shows at least five officers and a police dog responding to the scene and approaching the Waymo with their weapons raised.
Waymo did not immediately respond to a request for comment.
Waymo vehicles have internal cameras and microphones that may be used in an emergency or to “promote safety and security,” according to Waymo’s online support page.
The cameras are also used to ensure the vehicles are clean and to help find lost items, according to the support page.
The company said it does not use facial recognition or other biometric identification technologies to identify individuals.
“In more urgent circumstances, support may access live video during a trip,” the Waymo page said.
The San Mateo Police Department’s Facebook post has garnered nearly 60 comments, with one user accusing Waymo of “snitching.”
“At least they got a designated driver?!” one user commented.
Business
Commentary: How right-wing anti-transgender attacks led to a Supreme Court ruling upholding sex discrimination
At the Supreme Court, the unfounded fear of boys masquerading as girls in youth sports rolled the clock back on gender equality.
On the surface, the Supreme Court’s June 30 opinion upholding state laws barring transgender girls from women’s and girl’s sports teams looks like a victory for women’s rights.
The 6-3 opinion by Justice Brett M. Kavanaugh certainly presents itself that way. “Females and males have inherent physical differences relevant to athletic performance,” Kavanaugh wrote. “Therefore, in contact sports, forcing female athletes to compete against males can create significant safety risks.” He also asserted that “forcing female athletes to compete against males can undermine competitive fairness.”
The ruling applied to prohibitions enacted in Idaho and West Virginia against “biological” males’ participation on women’s teams in public schools. Federal judges in both states overturned the bans. The Supreme Court majority restored them. The ruling essentially upholds similar bans enacted in 25 other states.
There was no record of any transgender person participating in school sports in the State, let alone any ‘problem’ with transgender students … creating unfair competition or unsafe conditions.
— Justice Sonia Sotomayor, demolishing the Supreme Court’s argument in favor of banning transgender girls from girl’s sports
Kavanaugh, like Donald Trump and others in the anti-transgender camp, maintained that one’s gender is an immutable fact of life, established even before birth.
Anything else, Trump stated in an executive order he issued on inauguration day 2025, could only be the product of “gender ideology extremism.” The U.S., his order stated, recognizes “two sexes, male and female. These sexes are not changeable and are grounded in fundamental and incontrovertible reality.” That’s a “biological truth,” he declared.
In his own version of this overconfident and factually insupportable conclusion, Kavanaugh wrote: “As all agree, females and males have inherent physical differences relevant to athletic performance.”
Science recognizes that some people are “born with sex traits that don’t fit into typical male or female patterns,” to cite a discussion on the Cleveland Clinic web page on the topic “intersex.” The condition “may involve chromosomes, hormones, reproductive organs or genitals.”
From a psychological standpoint, medical science recognizes “gender dysphoria” as a real condition often requiring counseling and medical intervention such as the use of puberty blockers and hormones to stave off the development of secondary sex characteristics until the condition can be resolved.
No one disputes that there are physical differences between the sexes. Few would dispute that on average or even at the median, males may be bigger and more powerful than females, or that in certain contact sports the difference may be telling and on occasion dangerous.
But that’s not the same as asserting that the physical differences between males and females invariably mean that men will invariably prevail over women in all competitions or that their participation will endanger women.
The International Olympic Committee — in a policy statement Kavanaugh cited incompletely — says that in “most running and swimming events,” males have a 10% to 12% advantage over women. That’s a range that would accommodate the full spectrum of outcomes — transgender females win, cisfemales win, they tie. (The “cis” prefix denotes those living consistent with their birth gender.)
West Virginia and Idaho addressed this ambiguity by banning transgender women from all girls’ teams. So under their rules transgender girls can’t play football or soccer with cisgirls. But what’s the argument in favor of banning them from the 100-yard dash, or cross-country track, or diving, or archery?
But something else is going on here. The Supreme Court’s ruling was almost preordained, given the years-long campaign by conservatives to demonize transgender individuals as if they’re members of an alien species.
It will be recalled that during his presidential campaign, Trump spun a despicable fantasy in which children were kidnapped in school and secretly subjected to sex-change operations.
Trump’s executive order wiped out policies aimed at protecting transgender adults from discrimination. He moved to outlaw gender-affirming medical therapies for anyone under 19 by cutting off federal funding for healthcare institutions that provide such care.
He banned transgender individuals from serving in the military and ordered federal prison officials to move transgender inmates into the general populations consistent with their birth genders, which exposes them to physical assault. (Federal Judge Royce Lamberth of Washington, D.C., has blocked the government from transferring three transgender women into the male prison population or terminating their hormone treatments.)
I wrote during Trump’s first term, when his anti-transgender policies were still gestating, that the goal was to show that “one can target any community, as long as it doesn’t have a strong political voice or political power. These are the actions of bullies and cowards, pretending to be strong.”
Last year, the Supreme Court struck its first blow against transgender rights by upholding a Tennessee law banning transgender care, including puberty blockers and hormone therapy, for minors. Similar laws have been enacted in 25 other states. The majority in that ruling by Chief Justice John G. Roberts Jr. was identical to the one in the June 30 ruling — Roberts, Kavanaugh, and Justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Amy Coney Barrett.
Who are the targets of this ideological campaign? They number only about 1.6 million U.S. adults, or one-half of 1% of the U.S. population. About 300,000 adolescents ages 13 to 17, or 1.4%, identify as transgender, according to a study by UCLA School of Law.
In West Virginia, as Justice Sonia Sotomayor observed in her dissenting opinion, “there was no record of any transgender person participating in school sports in the State, let along any ‘problem’ with transgender students … creating unfair competition or unsafe conditions.”
In endorsing the flat bans directed at transgender women in Idaho and West Virginia, Kavanaugh argued that any attempt to implement case-by-case judgments of students’ requests to join sports teams inconsistent with their biological gender would create “an enormous practical and administrability problem.”
Is that so? That wasn’t the case in Maine, where the annual K-12 population is more than 170,000. There, a committee was charged with determining whether a student’s participation in a sport consistent with their gender identity but inconsistent with their biological sex would “result in an unfair athletic advantage” or present a risk of injury to others. The committee held 56 hearings from 2013 through 2021, or an average of seven per year. During the entire time span, only four involved transgender girls. (The outcome of those hearings couldn’t be learned.)
It was Maine’s policy, one might recall, that provoked a confrontation between Trump and Maine Gov. Janet Mills at the White House last year, when Trump threatened to withhold federal funding from the state unless it barred transgender students from competing on women’s sports teams. “We’ll see you in court,” Mills snapped.
Whether the Idaho and West Virginia laws genuinely protect girls from unfair competition is questionable. (The Idaho law is styled the “Fairness in Women’s Sports Act.”) In practice, the laws may subject women in public schools to “invasive sex verification procedures,” as educational expert George Theoharis of Syracuse University wrote after the court ruling.
They’re also based on a retrograde view of women as fragile creatures needing men’s protection, Theoharis wrote — “the same logic that has historically been used to justify excluding women from making their own healthcare decisions and girls from rigorous math and science; that physically demanding work is simply beyond them.” (There don’t appear to be any state laws barring transgender women from competing in men’s sports.)
Becky Pepper-Jackson, the plaintiff in the West Virginia case, in which she is identified only as B.P.J., is the only transgender girl who sought to join girl’s teams — track and cross-country — in the state. That was in 2021, just after West Virginia passed its law and she was about to enter sixth grade. She didn’t appear to pose any competitive risk to others on the track and cross-country teams she applied to join — her lawyers told the Supreme Court that on those no-cut teams, she “came in near the back.”
Anyway, she had not gone through male puberty, which theoretically might have endowed her with a competitive advantage, because she had been taking puberty blockers and female hormones.
Thanks to the court’s ruling, Sotomayor observed in a dissent joined by Justices Elena Kagan and Ketanji Brown Jackson, West Virginia can deny Becky access to school sports “because it thinks they have an inherent athletic advantage, even if the facts show that they do not.”
B.P.J., Sotomayor wrote, “cannot practice on girls’ teams, even if she would not take anyone’s spot in an eventual competition, even if everyone who tries out for the team makes it, and even if having the chance to participate could aid immensely in treating B. P. J.’s gender dysphoria.”
So whose interest was really protected by the Supreme Court?
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