It's festival season! The FilmSoc blog is covering the 75th Venice International Film Festival (29 August – 8 September), diving into the myriad of films and events on offer to deliver reviews.
Milo Garner reviews David Oelhoffen's newest crime thriller.
In a genre of heartbreakers, there are few country songs that seep tragedy like Bruce Springsteen's 'Highway Patrolman'. Two brothers who have fallen on opposite sides of the law, compelled by their natures to clash and clash, until they can clash no more. It isn't just the friend-made-foe convention that makes it such an effectual story, but rather the moral quandaries it implies. The lines that must be crossed in the name of fraternity, the unsure grey between individual honour and wider ethical belief. It was Dante who decided that treachery served as the road to hell's deepest circle, but the question remains: treachery to whom? The law, or kin? It is around that question Close Enemies finds its drama.
Oelhoffen's crime thriller might not concern brothers, but it comes close enough by centering on old friends, at one point fellow criminals, one now reformed. They are linked not just by their past but their material condition – both are born of immigrant families, and both find themselves alienated for this fact. Manuel (Matthias Schoenaerts) laughs at a joke about Arabs begging on the street – the French are very giving if you are asking for money to go back home. Driss (Reda Kateb) mentions in passing that only while working in narcotics can his face be an advantage rather than the opposite. That these themes are held at some distance is to the film's benefit, and an example of Oelhoffen's smart restraint – this is not a film about race in France so much as one that includes such issues in a wider context. It does not need to grandstand the facts; that they make up an organic part of the film's environment is enough.
Another sharp decision is in the presentation of Manuel and Driss' relationship to begin with. It is not exposited in lengthy dialogue, nor shown in flashback or prologue, nor discussed in serious detail. It only becomes evident after the film has already established its momentum, and even then only across a few lines and moments. A scene in which Driss glances over old photographs of the pair might cross this line, but I feel this is simply to ensure that everyone is on the same page. It is the sort of dynamic that can easily find itself overwrought – not so here. This extends to their shared scenes, in which the potential melodrama of suddenly invoking their old friendship is always avoided. Their bond is implicit, and feels all the more real for this fact; it does not need to be shouted or repeated.
But besides this relationship, the film is otherwise very much plot-driven. It moves at a consistent pace, never short on new revelations or developments to further it ahead. It is largely conventional in its series of betrayals and twists, but then this is a film that thrives in convention. A well-made genre picture should not be discarded for that fact – especially one so ably crafted as this. The camera is loose and active, handheld but always clear enough for the action. This is matched with the editing, which prefers extended shots to cutting in the manner of a similar Hollywood project. This permits an intimate tension at times, the diegesis trapped with its protagonist as he is stalked through the projects. Threats often appear offscreen, some never clarified; gunshots from afar are a recurring motif of this kind. Again, not an original innovation, but an effective example of a well-worn mould.
That would be an apt description for the film taken together, particularly as it reaches its pathos-soaked conclusion. All the beats are hit, but with consummate ability. It doesn't ever threaten to be anything more than a simple police procedural, and really it doesn't need to be. This is effective entertainment that justifies its context and content enough to carry a genuine weight and impact. Expect an American remake somewhere down the line.


Evolution of Apache Metron - Metron - Apache Software Foundation for your Wiki!
To understand Apache Metron, we have to first start with the origins of the project which emerged from the Cisco Project called OpenSoc. The below diagram highlights some of the key events in the history of Apache Metron starting with Cisco OpenSoc.
2005 to 2008 The Problem - Cyber crime spiked significantly and a severe shortage of security talent arose. The first set of companies alerted to this issue are high profile banks and large organizations with interesting proprietary information to state sponsored agents. All of the best investigators and analysts were gobbled up by multinational banking and financial services firms, large hospitals, telcos, and defense contractors. The Rise of a New Industry, the Managed SOC - Those who could not acquire security talent were still in need of a team. Cisco was sitting on a gold mine of security talent that they had accumulated over the years. Utilizing this talent, they produced a managed service offering around managed security operations centers.
Post 2008 The Age of Big Data Changed Everything - The Age of Big Data arrived, bringing more streaming data, virtualized infrastructure, data centers emitting machine exhaust from VMs, and Bring Your Own Device programs. The amount of data exploded and so did the cost of the required tools like traditional SIEMs. These tools became cost prohibitive as they changed to data driven licensing structures. Cisco's ability to operate the managed SOC with these tools was in jeopardy and security appliance vendors took control of the market.
2013 OpenSOC is Born and Hadoop Matures - Cisco decided to build a toolset of their own. They didn't just want to replace these tools but they wanted to improve and modernize them, taking advantage of open source. Cisco released its managed SOC service to the community as Hadoop matured and Storm became available. It was a perfect combination of a use case need and technology. OpenSOC was the first project to take advantage of Storm, Hadoop, and Kafka, as well as migrate the legacy ways into a forward thinking future type paradigm.
September 2013 thru April 2015The Origins of Apache Metron - For about 24 months, a Cisco team, led by their chief data scientist James Sirota, with the help of a Hortonworks team, led by platform architect Sheetal Dolas, worked to create a next generation managed SOC service built on top of open source big data technologies. The Cisco OpenSOC managed SOC offering went into production for a number of customers in April of 2015. A short time after, Cisco made a couple of acquisitions that brought in third party technologies transforming OpenSOC into a closed source, hardware based version.
December 2015 Metron Accepted into Apache Incubation - Metron (renamed from OpenSOC) is submitted and accepted as an Apache incubator project. The Metron team builds an extensible, open architecture to account for the variety of tools used in customer environments (thousands of firewalls, thousands of domains and a multitude of Intrusion Detection Systems). Metron's open approach makes it much easier to tailor to the community's use cases.
April 2016 First official Release of Apache Metron 0.1 - After 4 months of hard work and rapid innovation by the Metron community, Apache Metron's first release Metron 0.1 is cut.


text:
AMERVAL COMMUNAL CEMETERY EXTENSION
Amerval is a small village 5 Kms north of Le Cateau on the D955, Solesmes to Le Cateau road.
Take the D98, in the direction of Croix Caluyauer, to Amerval and the Communal Cemetery will be found on the eastern side of the village on the south side of the road to Forest-en Cambresis. The extension is situated on the West side of the communal cemetery.
Wheelchair access is possible with some difficulty.
Amerval Communal Cemetery Extension was made after the 51st Brigade (17th Division) had captured Amerval on the 20th October, 1918; and it was enlarged after the Armistice by the concentration of 61 graves from CONTOUR BRITISH CEMETERY, SOLESMES.
There are now over 150, 1914-18 war casualties commemorated in this site. Of these, a small number are unidentified.
The cemetery covers an area of 308 square metres and is enclosed by a stone rubble wall.
Casualty Details: UK 151, Total Burials: 151.
Leonard Hewitt
10th Bn. Sherwood Foresters (Notts and Derby Regiment)
Row A. 26.
Noel Martin Saunders
7th (West. and Cumb. Yeomanry) Bn. Border Regiment
20th October 1918, aged 35.
Row A. 9.
Son of the Rev. C. M. Saunders and Mrs. Saunders; husband of Norah Saunders, "Jorepokri," Wetheral, Carlisle, Cumberland. Native of Bournemouth.

redpajama_set_name: RedPajamaCommonCrawl


text:
October 17th at 6:00 PM
Finance Roundtable
Hunter S. Reisner
YMCA Retirement Fund
Chief Investment Officer
Hunter S. Reisner has been with the Fund since 2010. He has led several investment teams and organizations over his 35+ years in the investment business. His investment experience spans most asset classes, including domestic and international public and private equity, as well as public and private debt and many types of alternative investments.
Hunter has invested on behalf of endowments, pension funds, insurance companies and fund-of-funds, as well as family offices and high net worth individuals. Previously, Hunter founded and served as managing partner of Citigroup Private Equity (formerly Travelers Investment Group Alternative Investments) which grew to manage over $10 billion of proprietary and client capital. His prior investment affiliations also include Morgan Stanley, Butler Capital, ACI Capital, Salomon Brothers and Smith Barney.
Hunter has held seats on the investment committees, advisory boards, and boards of directors of over 20 investment funds and companies, including currently serving on the investment committees of a foundation and a university-related endowment.
He earned a BA in economics and mathematics from Yale University, where he graduated summa cum laude, and an MBA from Stanford University's Graduate School of Business.
Jason Mingelgreen
Director/Investments
Jason joined Stifel as part of its 2015 acquisition of Barclays Wealth and Investment Management, Americas. Prior to joining his current team in late 2013, Jason was a Senior Consultant in Barclays' Portfolio Consulting Group advising clients on investment strategy, including strategic and tactical asset allocation, manager selection, and portfolio implementation. Before joining Barclays in April 2012, he worked in the Investment Strategy Group at Neuberger Berman Trust Company, where he developed investment strategies for high net worth investors and small to mid-sized institutions. Prior to that, he was an Associate at the Lehman Brothers Trust Company.
In 2017, Jason was named to Forbes' America's Top Next Generation Wealth Advisors list, which consists of 500 top advisors.*
Jason graduated summa cum laude from Syracuse University with a B.S. in Finance and Broadcast Journalism. Jason is a CFA charter holder and also earned a certificate in Applied Behavioral Finance from the Investment Management Consultants Association®. He and his wife live in New York City.
This event starts on October 17th at 6:00 PM.
Join YJP for an incredible evening of insights and discussion from Hunter Reisner, Chief Investment Officer at YMCA.
Attendees will have the opportunity to dine with Mr. Reisner, join in a candid roundtable discussion and Q&A session, and mingle with other rising stars in the finance, banking, real estate, and investment spaces over cocktails and gourmet bites.
Doors open at 6:15 pm, dinner and program will commence at 7:00 pm sharp.
For questions please email ariella@yjpnewyork.com or jordyn@yjpnewyork.com .
Partial Attendee List
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W Robert Friedman
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text:
Q: Embedding font stops italics from working, how was it working initially? For my own use, I was making an epub version of this free novella http://fluffandsmoke-blog.tumblr.com
The font used for this is "Belleza".  It's a free font, but it only comes in "Regular".
I found, with the font installed on my computer, my epub will quite happily display text in an italic version of the font at appropriate places. Even though there is only "Belleza-Regular" installed.
As soon as I embed the font into the epub file, italic text is no longer italic (I am declaring the font with an @font-face declaration including "font-style: italic;")  I'm pretty sure the problem is the lack of an italic version for this font.
So I'm baffled as to how it's able to do italics without the font embedded.  Is it a feature of Windows to do fake-italics in some situations?

A: The browser simply fakes bold or italic styles of a font. If the actual font-family does not include a bold or italic font, but the text is styled as bold or italic, then the browser sort of creates that style for us to see.
For more detail on this: https://alistapart.com/article/say-no-to-faux-bold

redpajama_set_name: RedPajamaStackExchange


Stepping into HiFiMAN's booth was like stepping into a personal audio clubhouse. Not only was it chock full of gear, but it seems that many of our friends descended upon them right around the same time.
Brian Hunter (Audio-Head), Ethan Opolion (Audio360.org) and I ran into Jamey Warren (HeadRoom) right away. Mike Mercer (Audio360.org) and Tyll Hertsens (InnerFidelity) were relatively nearby, followed by Drew Baird (Moon Audio) and Frank Iacone (Headphone.Guru) shortly thereafter.
I think it's safe to say that we all made a beeline towards the HE1000. Jamey got there first.
The HE1000 rig on display consisted of HiFiMAN gear through-and-through, cables excepted. The source was an HM901s DAP, docked via a DOCK-1 to an EF-6 headphone amplifier, which in turn drove the HE1000. Next up was Ethan.
If you're curious as to how the HE1000 will look on you, the photo above should be a decent indicator. Ethan has, in my opinion, a nominally-sized head. It's neither too big, nor too small. As we can see, the HE1000 is a bit on the large side, due to the ginormous driver employed. This bodes well for our listening pleasure, even if it won't get much play with the ladies.
Both Jamey and Ethan came away with very positive impressions of the HE1000's sonic capability. And from what I could gather from others there, the sound quality was – by all accounts – absolutely brilliant. As for myself, I didn't listen. I know that sounds crazy, but I just couldn't imagine coming away with authoritative impressions due to CES noise levels.
Imagine that your neighbor's kid has just discovered car audio, in the worst way possible. His only two priorities are loudness and bass. Now let's add a few of his friends who are doing the same thing. And finally, let's give each of them their own corner, in a CostCo, during the holiday shopping season.
Personally, I would only accept impressions of open-backed gear, gathered in such an environment, with a huge salt lick — including my own. This is why, more often than not, I decided to forego impressions on the LVCC show floor. Sorry to disappoint you guys, but I'll make it up with detailed impressions gather from final production units in a controlled environment soon enough.
Luckily, HiFiMAN had also taken a suite at the Venetian, which is where I'd be spending Day Two. I resolved to gather some decent impressions there, so stay tuned for that report, which should be up shortly. But before we close out HiFiMAN at the LVCC, I did want to point out one thing that got me all wet. On a whim, I decided to take a look that the connectors on the HE1000, and I was pleasantly surprised to find that Fang went with 1/8″ mono mini jacks.
WOO HOO! Were I a lesser personal audiophile, I'd have spoodged right then and there. Like many of you, I wasn't terribly thrilled with the mini-BNC connectors on my HiFiMAN cans, so I'm quite pleased that we don't have to deal with those for the HE-1000. I'm also happy because this means I get to try out some other cables that just happen to be terminated in the same way… like the new Kimber cables made for Sony's MDR-Z7.
Even without having heard it, the HiFiMAN HE-1000 was already looking quite promising indeed.
On a separate note, I am very pleased to report that HiFiMAN liberally offered complementary hand sanitizer to any and all who wished to partake. In my opinion, hand sanitizer should be found in abundance at every booth. Thanks HiFiMAN!
I don't quite get it why are you writing a review if you did not even hear the headphones?
Not a review … and have patience ….
Unfortunately, the jack (headphone side) is of the worst type.
An accidental extraction during playback could short the output stage of the amplifier and could destroy it.


text:
Current: Is now the time for Dead Space 4 or Dead Space Trilogy Remastered?
Is now the time for Dead Space 4 or Dead Space Trilogy Remastered?
Simon Sayers / June 15, 2017
As one of EA's most popular video game franchises, you'd think we're guaranteed a new Dead Space game at some point, but there's been little talk about the survival horror shooter series since Dead Space 3 in 2013. So, what are the actual chances of us ever seeing a Dead Space 4?
Well, Visceral Games (formerly known as EA Redwood Studios) is currently working hard on the development of a new Star Wars game for PS4, Xbox One and PC. The fact that this new action adventure didn't make an appearance at E3 this year suggests that could be a long way off – perhaps the back end of 2018 – so work on Dead Space couldn't start until at least then; and even then you'd expect publisher EA to milk the Star Wars name with plenty of content that will keep Visceral busy post release.
It seems unlikely that Visceral would then start on a game that could be as potentially big as Dead Space 4 on the current hardware when the PS5 release could only be a matter of twelve months away. However, there's definitely hope that a new Dead Space game in the series could materialize at some point, as the developer still holds the IP close to its heart.
In recent years, since the release of the sales disaster that was Dead Space 3, the team has spoken fondly of the series. "Many, many people here at Visceral have a warm spot in their heart for Dead Space, and right now we're busy with Hardline and…other things," said general manager of Visceral Games, Steve Papoutsis back in 2015, "but it's definitely something we'd love to look at again.There's definitely a lot of interest internally for us to pick that up again at a future date."
Though Dead Space 3 (2013) didn't hit sales forecasts predicted by Electronic Arts, making it far less successful than the previous games, EA made one big mistake that could easily be rectified for future Dead Space games. The inclusion of microtransactions for the first time in the franchise seriously put off potential customers.
The internet was seething with fans because Dead Space 3 coerced players into spending cash in-game by drip-feeding them resources at such a slow rate to encourage them to buy materials to craft the best weapons. It was a crazy move by EA because Dead Space 2 had exceeded expectations by selling more than double the original game. Players showed their disdain for the greed of micro-transactions by staying away for the third-entry, but the series still has the potential to recapture its fan-base.
One way for EA to test the waters would be to give new players and older Dead Space fans the chance to enjoy the deadly space-based shenanigans once more – Dead Space Trilogy Remastered; all three games with all content unlocked and zero microtransactions. EA has yet to follow the trend with remasters, but if ever a series deserved the attention of a HD version that could make amends for the awful microtransactions decision then this is it. And who wouldn't love to see a bit more Dead Space?
What do you think? Would you love to see Dead Space 4, or perhaps a remastered trilogy sans microtransactions?
Sony Is Developing An Animated Movie Using Dreams
David Carcasole / January 21, 2022
Sony is working on a film version of A Winter's Journey, combining live action performances and animation that is created entirely within Dreams.
New Report Goes Behind The Scenes On Uncharted 4: A Thief's End Ahead Of PS5 Launch
Uncharted 4: A Thief's End includes one of the series best chase sequences, and a new report spoke to Naughty Dog about how they did it.
Call Of Duty Developer Raven Software's QA Team Have Voted To Unionize
After Raven Software saw a slew of layoffs in their QA department, 34 employees from that department are unionizing as the Game Workers Alliance.
The Artful Escape (Nintendo Switch / PC / PS4 / PS5 / Xbox One / Xbox Series X/S)
Uncharted: Legacy Of Thieves Collection (PC / PS5)
Life Is Strange Remastered Collection (Google Stadia / Nintendo Switch / PC / PS4 / PS5 / Xbox One / Xbox Series S/X)
Dying Light 2: Stay Human (PC / PS4 / PS5 / Xbox One / Xbox Series S/X)
Sifu (PC / PS4 / PS5)
OlliOlli World (Nintendo Switch / PC / PS4 / PS5 / Xbox One / Xbox Series S/X)
Unbound: Worlds Apart (Nintendo Switch / PC / PS4 / PS5 / Xbox One / Xbox Series X/S)
Infernax (Nintendo Switch / PC / PS4 / Xbox One)
© 2006-2022 PlayStation Universe, All Rights Reserved.
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Advertise on PlayStation Universe


text:
'use strict';

import { TPromise } from 'vs/base/common/winjs.base';
import * as nls from 'vs/nls';
import * as errors from 'vs/base/common/errors';
import { toErrorMessage } from 'vs/base/common/errorMessage';
import * as paths from 'vs/base/common/paths';
import { Action } from 'vs/base/common/actions';
import URI from 'vs/base/common/uri';
import { FileOperationError, FileOperationResult } from 'vs/platform/files/common/files';
import { ITextFileService, ISaveErrorHandler, ITextFileEditorModel } from 'vs/workbench/services/textfile/common/textfiles';
import { ServicesAccessor, IInstantiationService } from 'vs/platform/instantiation/common/instantiation';
import { IDisposable, dispose, Disposable } from 'vs/base/common/lifecycle';
import { IWorkbenchContribution } from 'vs/workbench/common/contributions';
import { TextFileEditorModel } from 'vs/workbench/services/textfile/common/textFileEditorModel';
import { ITextModelService } from 'vs/editor/common/services/resolverService';
import { ResourceMap } from 'vs/base/common/map';
import { DiffEditorInput } from 'vs/workbench/common/editor/diffEditorInput';
import { ResourceEditorInput } from 'vs/workbench/common/editor/resourceEditorInput';
import { IContextKeyService, IContextKey, RawContextKey } from 'vs/platform/contextkey/common/contextkey';
import { FileOnDiskContentProvider } from 'vs/workbench/parts/files/common/files';
import { FileEditorInput } from 'vs/workbench/parts/files/common/editors/fileEditorInput';
import { IModelService } from 'vs/editor/common/services/modelService';
import { SAVE_FILE_COMMAND_ID, REVERT_FILE_COMMAND_ID, SAVE_FILE_AS_COMMAND_ID, SAVE_FILE_AS_LABEL } from 'vs/workbench/parts/files/electron-browser/fileCommands';
import { createTextBufferFactoryFromSnapshot } from 'vs/editor/common/model/textModel';
import { INotificationService, INotificationHandle, INotificationActions, Severity } from 'vs/platform/notification/common/notification';
import { IOpenerService } from 'vs/platform/opener/common/opener';
import { IStorageService } from 'vs/platform/storage/common/storage';
import { ExecuteCommandAction } from 'vs/platform/actions/common/actions';
import { IEnvironmentService } from 'vs/platform/environment/common/environment';
import { once } from 'vs/base/common/event';
import { IEditorService } from 'vs/workbench/services/editor/common/editorService';

export const CONFLICT_RESOLUTION_CONTEXT = 'saveConflictResolutionContext';
export const CONFLICT_RESOLUTION_SCHEME = 'conflictResolution';

const LEARN_MORE_DIRTY_WRITE_IGNORE_KEY = 'learnMoreDirtyWriteError';

const conflictEditorHelp = nls.localize('userGuide', "Use the actions in the editor tool bar to either undo your changes or overwrite the content on disk with your changes.");

// A handler for save error happening with conflict resolution actions
export class SaveErrorHandler extends Disposable implements ISaveErrorHandler, IWorkbenchContribution {
	private messages: ResourceMap<INotificationHandle>;
	private conflictResolutionContext: IContextKey<boolean>;
	private activeConflictResolutionResource: URI;

	constructor(
		@INotificationService private notificationService: INotificationService,
		@ITextFileService private textFileService: ITextFileService,
		@IContextKeyService contextKeyService: IContextKeyService,
		@IEditorService private editorService: IEditorService,
		@ITextModelService textModelService: ITextModelService,
		@IInstantiationService private instantiationService: IInstantiationService,
		@IStorageService private storageService: IStorageService
	) {
		super();

		this.messages = new ResourceMap<INotificationHandle>();
		this.conflictResolutionContext = new RawContextKey<boolean>(CONFLICT_RESOLUTION_CONTEXT, false).bindTo(contextKeyService);

		const provider = this._register(instantiationService.createInstance(FileOnDiskContentProvider));
		this._register(textModelService.registerTextModelContentProvider(CONFLICT_RESOLUTION_SCHEME, provider));

		// Hook into model
		TextFileEditorModel.setSaveErrorHandler(this);

		this.registerListeners();
	}

	private registerListeners(): void {
		this._register(this.textFileService.models.onModelSaved(e => this.onFileSavedOrReverted(e.resource)));
		this._register(this.textFileService.models.onModelReverted(e => this.onFileSavedOrReverted(e.resource)));
		this._register(this.editorService.onDidActiveEditorChange(() => this.onActiveEditorChanged()));
	}

	private onActiveEditorChanged(): void {
		let isActiveEditorSaveConflictResolution = false;
		let activeConflictResolutionResource: URI;

		const activeInput = this.editorService.activeEditor;
		if (activeInput instanceof DiffEditorInput && activeInput.originalInput instanceof ResourceEditorInput && activeInput.modifiedInput instanceof FileEditorInput) {
			const resource = activeInput.originalInput.getResource();
			if (resource && resource.scheme === CONFLICT_RESOLUTION_SCHEME) {
				isActiveEditorSaveConflictResolution = true;
				activeConflictResolutionResource = activeInput.modifiedInput.getResource();
			}
		}

		this.conflictResolutionContext.set(isActiveEditorSaveConflictResolution);
		this.activeConflictResolutionResource = activeConflictResolutionResource;
	}

	private onFileSavedOrReverted(resource: URI): void {
		const messageHandle = this.messages.get(resource);
		if (messageHandle) {
			messageHandle.close();
			this.messages.delete(resource);
		}
	}

	onSaveError(error: any, model: ITextFileEditorModel): void {
		const fileOperationError = error as FileOperationError;
		const resource = model.getResource();

		let message: string;
		const actions: INotificationActions = { primary: [], secondary: [] };

		// Dirty write prevention
		if (fileOperationError.fileOperationResult === FileOperationResult.FILE_MODIFIED_SINCE) {

			// If the user tried to save from the opened conflict editor, show its message again
			if (this.activeConflictResolutionResource && this.activeConflictResolutionResource.toString() === model.getResource().toString()) {
				if (this.storageService.getBoolean(LEARN_MORE_DIRTY_WRITE_IGNORE_KEY)) {
					return; // return if this message is ignored
				}

				message = conflictEditorHelp;

				actions.primary.push(this.instantiationService.createInstance(ResolveConflictLearnMoreAction));
				actions.secondary.push(this.instantiationService.createInstance(DoNotShowResolveConflictLearnMoreAction));
			}

			// Otherwise show the message that will lead the user into the save conflict editor.
			else {
				message = nls.localize('staleSaveError', "Failed to save '{0}': The content on disk is newer. Please compare your version with the one on disk.", paths.basename(resource.fsPath));

				actions.primary.push(this.instantiationService.createInstance(ResolveSaveConflictAction, model));
			}
		}

		// Any other save error
		else {
			const isReadonly = fileOperationError.fileOperationResult === FileOperationResult.FILE_READ_ONLY;
			const triedToMakeWriteable = isReadonly && fileOperationError.options && fileOperationError.options.overwriteReadonly;
			const isPermissionDenied = fileOperationError.fileOperationResult === FileOperationResult.FILE_PERMISSION_DENIED;

			// Save Elevated
			if (isPermissionDenied || triedToMakeWriteable) {
				actions.primary.push(this.instantiationService.createInstance(SaveElevatedAction, model, triedToMakeWriteable));
			}

			// Overwrite
			else if (isReadonly) {
				actions.primary.push(this.instantiationService.createInstance(OverwriteReadonlyAction, model));
			}

			// Retry
			else {
				actions.primary.push(this.instantiationService.createInstance(ExecuteCommandAction, SAVE_FILE_COMMAND_ID, nls.localize('retry', "Retry")));
			}

			// Save As
			actions.primary.push(this.instantiationService.createInstance(ExecuteCommandAction, SAVE_FILE_AS_COMMAND_ID, SAVE_FILE_AS_LABEL));

			// Discard
			actions.primary.push(this.instantiationService.createInstance(ExecuteCommandAction, REVERT_FILE_COMMAND_ID, nls.localize('discard', "Discard")));

			if (isReadonly) {
				if (triedToMakeWriteable) {
					message = nls.localize('readonlySaveErrorAdmin', "Failed to save '{0}': File is write protected. Select 'Overwrite as Admin' to retry as administrator.", paths.basename(resource.fsPath));
				} else {
					message = nls.localize('readonlySaveError', "Failed to save '{0}': File is write protected. Select 'Overwrite' to attempt to remove protection.", paths.basename(resource.fsPath));
				}
			} else if (isPermissionDenied) {
				message = nls.localize('permissionDeniedSaveError', "Failed to save '{0}': Insufficient permissions. Select 'Retry as Admin' to retry as administrator.", paths.basename(resource.fsPath));
			} else {
				message = nls.localize('genericSaveError', "Failed to save '{0}': {1}", paths.basename(resource.fsPath), toErrorMessage(error, false));
			}
		}

		// Show message and keep function to hide in case the file gets saved/reverted
		const handle = this.notificationService.notify({ severity: Severity.Error, message, actions });
		once(handle.onDidClose)(() => dispose(...actions.primary, ...actions.secondary));
		this.messages.set(model.getResource(), handle);
	}

	dispose(): void {
		super.dispose();

		this.messages.clear();
	}
}

const pendingResolveSaveConflictMessages: INotificationHandle[] = [];
function clearPendingResolveSaveConflictMessages(): void {
	while (pendingResolveSaveConflictMessages.length > 0) {
		pendingResolveSaveConflictMessages.pop().close();
	}
}

class ResolveConflictLearnMoreAction extends Action {

	constructor(
		@IOpenerService private openerService: IOpenerService
	) {
		super('workbench.files.action.resolveConflictLearnMore', nls.localize('learnMore', "Learn More"));
	}

	run(): TPromise<any> {
		return this.openerService.open(URI.parse('https://go.microsoft.com/fwlink/?linkid=868264'));
	}
}

class DoNotShowResolveConflictLearnMoreAction extends Action {

	constructor(
		@IStorageService private storageService: IStorageService
	) {
		super('workbench.files.action.resolveConflictLearnMoreDoNotShowAgain', nls.localize('dontShowAgain', "Don't Show Again"));
	}

	run(notification: IDisposable): TPromise<any> {
		this.storageService.store(LEARN_MORE_DIRTY_WRITE_IGNORE_KEY, true);

		// Hide notification
		notification.dispose();

		return TPromise.as(void 0);
	}
}

class ResolveSaveConflictAction extends Action {

	constructor(
		private model: ITextFileEditorModel,
		@IEditorService private editorService: IEditorService,
		@INotificationService private notificationService: INotificationService,
		@IInstantiationService private instantiationService: IInstantiationService,
		@IStorageService private storageService: IStorageService,
		@IEnvironmentService private environmentService: IEnvironmentService
	) {
		super('workbench.files.action.resolveConflict', nls.localize('compareChanges', "Compare"));
	}

	run(): TPromise<any> {
		if (!this.model.isDisposed()) {
			const resource = this.model.getResource();
			const name = paths.basename(resource.fsPath);
			const editorLabel = nls.localize('saveConflictDiffLabel', "{0} (on disk) ↔ {1} (in {2}) - Resolve save conflict", name, name, this.environmentService.appNameLong);

			return this.editorService.openEditor(
				{
					leftResource: URI.from({ scheme: CONFLICT_RESOLUTION_SCHEME, path: resource.fsPath }),
					rightResource: resource,
					label: editorLabel,
					options: { pinned: true }
				}
			).then(() => {
				if (this.storageService.getBoolean(LEARN_MORE_DIRTY_WRITE_IGNORE_KEY)) {
					return; // return if this message is ignored
				}

				// Show additional help how to resolve the save conflict
				const actions: INotificationActions = { primary: [], secondary: [] };
				actions.primary.push(this.instantiationService.createInstance(ResolveConflictLearnMoreAction));
				actions.secondary.push(this.instantiationService.createInstance(DoNotShowResolveConflictLearnMoreAction));

				const handle = this.notificationService.notify({ severity: Severity.Info, message: conflictEditorHelp, actions });
				once(handle.onDidClose)(() => dispose(...actions.primary, ...actions.secondary));
				pendingResolveSaveConflictMessages.push(handle);
			});
		}

		return TPromise.as(true);
	}
}

class SaveElevatedAction extends Action {

	constructor(
		private model: ITextFileEditorModel,
		private triedToMakeWriteable: boolean
	) {
		super('workbench.files.action.saveElevated', triedToMakeWriteable ? nls.localize('overwriteElevated', "Overwrite as Admin...") : nls.localize('saveElevated', "Retry as Admin..."));
	}

	run(): TPromise<any> {
		if (!this.model.isDisposed()) {
			this.model.save({
				writeElevated: true,
				overwriteReadonly: this.triedToMakeWriteable
			}).done(null, errors.onUnexpectedError);
		}

		return TPromise.as(true);
	}
}

class OverwriteReadonlyAction extends Action {

	constructor(
		private model: ITextFileEditorModel
	) {
		super('workbench.files.action.overwrite', nls.localize('overwrite', "Overwrite"));
	}

	run(): TPromise<any> {
		if (!this.model.isDisposed()) {
			this.model.save({ overwriteReadonly: true }).done(null, errors.onUnexpectedError);
		}

		return TPromise.as(true);
	}
}

export const acceptLocalChangesCommand = (accessor: ServicesAccessor, resource: URI) => {
	const editorService = accessor.get(IEditorService);
	const resolverService = accessor.get(ITextModelService);
	const modelService = accessor.get(IModelService);

	const control = editorService.activeControl;
	const editor = control.input;
	const group = control.group;

	resolverService.createModelReference(resource).then(reference => {
		const model = reference.object as ITextFileEditorModel;
		const localModelSnapshot = model.createSnapshot();

		clearPendingResolveSaveConflictMessages(); // hide any previously shown message about how to use these actions

		// Revert to be able to save
		return model.revert().then(() => {

			// Restore user value (without loosing undo stack)
			modelService.updateModel(model.textEditorModel, createTextBufferFactoryFromSnapshot(localModelSnapshot));

			// Trigger save
			return model.save().then(() => {

				// Reopen file input
				return editorService.openEditor({ resource: model.getResource() }, group).then(() => {

					// Clean up
					group.closeEditor(editor);
					editor.dispose();
					reference.dispose();
				});
			});
		});
	});
};

export const revertLocalChangesCommand = (accessor: ServicesAccessor, resource: URI) => {
	const editorService = accessor.get(IEditorService);
	const resolverService = accessor.get(ITextModelService);

	const control = editorService.activeControl;
	const editor = control.input;
	const group = control.group;

	resolverService.createModelReference(resource).then(reference => {
		const model = reference.object as ITextFileEditorModel;

		clearPendingResolveSaveConflictMessages(); // hide any previously shown message about how to use these actions

		// Revert on model
		return model.revert().then(() => {

			// Reopen file input
			return editorService.openEditor({ resource: model.getResource() }, group).then(() => {

				// Clean up
				group.closeEditor(editor);
				editor.dispose();
				reference.dispose();
			});
		});
	});
};

redpajama_set_name: RedPajamaGithub


text:
(→3. FIXTURES)
WOLVERHAMPTON & DISTRICT CHESS LEAGUE COMPETITION RULES: 2014 onwards
i) When registering players at least half of a team's minimum registered players must be either 'new' or "active" players. A 'new' player is someone who was not registered for the club in the previous season. An 'active' player is someone who was registered for the club in the previous season and played at least half the team's matches.
Clocks shall be started at the time fixed for the commencement of play. The time limits shall be 30 moves in 65 minutes, followed by a 15-minute quickplay finish.
(1) 30 moves in the first 65 mins, after Black's 30th move both clocks are to be wound back 15 mins and the game is to be finished in the time remaining.
(2) if both teams agree before the start of the match, 36 moves in 75 minutes, followed by 28 moves in the next 60 minutes, followed by a 15-minute quickplay finish.
In matches played to the time limit in 13.1.(2), both captains may agree to change the first time period from 36 moves in 75 minutes to 42 moves in 90 minutes.


text:
Bringing the Public Interest Back to Sports
Just like real estate, sports are all about location, location, location. There is nothing more local than your sports team; whether it's your pro, minor, or youth team, sports provide pride to your community. It's with that in mind that SFC is proud to announce the incorporation of Sports Fans Coalition New York, our first separate local chapter. SFCNY is based in New York City and will be tackling all the issues that plague the country's largest sports market. Continue reading
It's been almost a century since women earned the right to vote. Yet, the United States Soccer Federation didn't quite get the memo. Continue reading
Is There Room in the House of Mouse?
Beyond protests, tax reform, or player injuries, our biggest concern this football season has been big media mergers that stand to harm our ability to watch the games we love. We were concerned with the proposed AT&T/Time Warner merger. We're even more concerned with the havoc Sinclair/Tribune will wreak on sports fans. But now, an even bigger behemoth is taking the field, the Mouse of Media, Disney. Continue reading
Save the Sportscasters, Save the World
The pending merger between Sinclair Broadcasting and Tribune Media poses a severe threat to the ability of sports fans to watch games across the country, including blacking out signals during fee negotiations with cable and satellite providers to strong-arm a deal. Continue reading
SFC Asks FTC to Reopen Investigation
Yesterday, along with National Consumers League and Consumers Action, we sent a letter to the FTC asking to reopen an investigation into fraud rampant through the ticket resale industry. "We are calling on the FTC to revisit the 2014 settlement, and broaden the scope of its investigation to cover other domain networks, increase punitive damages on these bad actors, and take more aggressive remedial actions to stop these websites from scamming consumers in the future," read the letter. Continue reading
What Happens in Vegas May Not Stay in Vegas
Do you make the safe bet? Take the risk on the underdog? Or, do you live in a state that doesn't allow sports betting? Likely you fit into the latter category. But all this could change with the Supreme Court's upcoming decision about a federal statute governing sports betting: Christie v. NCAA. Continue reading
Save Mall Ball
Last week, the unthinkable happened. Months into a turf restoration project, the National Park Service announced its plan to shun sports from the green space along the National Mall between 3rd and 17th Streets Northwest. Continue reading
GOP Tax Bill May Raise College Ticket Prices
As an organization, we hold many mixed feelings concerning the Tax Cuts and Jobs Act. We've already expressed some concerns about its impact on middle and lower-income fans. Since these folks represent a vast majority of sports fans, we have trouble wholeheartedly supporting the legislation. Continue reading
A Legal Block in the Back
It's rare an NFL owner will target the NFL itself. However, Cowboys owner, Jerry Jones, has had enough of Commissioner Roger Goodell. Continue reading
Statement on HR 1
Earlier this week, House Republicans introduced HR 1, the Tax Cuts and Jobs Act. They hope these tax cuts will stimulate the economy. Within in the bill is a provision, Section 3604, that effectively eliminates the federal tax subsidy for sports stadiums. When we received the news, we were happy to see lawmakers addressing this wasteful practice. The section is based on a standalone bill we've been advocating for called the "No Tax Subsidies for Stadiums Act." This bill has bipartisan support from several Democrats and Republicans. Continue reading


text:
How Professional Long Jumper Kate Hall Manages Her Diabetes While Training for the Olympics
Although the Olympics were postponed until 2021, Hall is as motivated as ever.
Micaela Young, M.S. August 13, 2020
Kate Hall
Credit: Greta Rybus
Kate Hall is a two-time national collegiate champion and the national high school record-holder in the long jump. She plans to compete in the U.S. Olympic trials in 2021 with the hopes of being the first known U.S. track and field Olympian with type 1 diabetes.
Olympic Dreams from a Young Age
Hall set her sights on the Olympics early in her career. "I knew that I wanted to be an Olympian as I was watching the 2012 Olympic trials," says Hall, who was 14 at the time. Hall was the best high school long jumper in Maine, yet her distances were a full 6 feet behind those Olympians. "I wrote the 2016 Olympic standards on a piece of paper and stuck it above my mirror to motivate me each morning." Dedicating herself to that dream had a huge impact on her performance. In the final jump of her senior year, she shocked everyone by jumping a huge personal best. "I had been jumping 20 feet as a senior and wanted to jump 21 feet so badly." With the adrenaline pumping, Hall jumped 22 feet, 5 inches. "It was an amazing feeling—I can't really describe it."
Facing Setbacks in Her Career
Hall's plans to compete in the 2020 Olympic trials were rattled in March, when the Olympics were officially postponed until 2021. But this wasn't the first time she experienced a setback in her career. "When I was in high school, I had this idea that I was going to go to college and accomplish all my goals," Hall says. Unfortunately, when she arrived, it wasn't what she expected. "The training was insane. It was four or five hours of practice every day with lifting and a lot of sprinting. My body immediately started to break down because, as a person with type 1, I've learned that I need more recovery than most athletes." Because she was a Division I athlete, Hall's school was responsible for purchasing her diabetes supplies. But last-minute orders before competitions added stress to managing diabetes while traveling. "I should have been focusing on track, not if I had enough insulin for my Omnipod," says Hall.
Related: 4 Ways to Help Your Body Recover Between Workouts—and 1 to Avoid
Kate Hall performing a long jump
Learning How to Balance Training and Recovery
"I decided to forgo my last collegiate season and have extra time with [my former] coach, who knows about type 1 diabetes, before the Olympic year," says Hall, who returned to Maine in June 2018 to train under her high school coach. "He's all about training hard when it matters and resting in between workouts so my body can recover." Taking her training day-by-day has left her not only stronger, but also healthier. "If I'm training the right way, my blood sugars are better too," Hall says.
Related: How to Stay Positive Through the Ups and Downs of Managing Your Diabetes
Keeping Her Eyes on Tokyo 2021
"It's easy to look at me or other type 1 athletes and think that we have everything under control, [that our] blood sugar must be so good. But it's important to say that that isn't always the case. I have struggled in the past, and I still struggle every single day. You can learn from these experiences and go on to do amazing things," she says. Even through the disappointment of having to wait another year to try to make the Olympic team, Hall remains hopeful and steadfast in her dream. In an Instagram post following the announcement of the postponement, she wrote: "Tokyo 2021 means one more year to get stronger, faster, and more powerful than ever. I'll be ready."
Related: What Olympic Skier Mikaela Shiffrin Eats to Stay in Gold-Medal Shape
This story originally appeared in Diabetic Living Summer 2020.


text: THIS IS THE DEFAULT ACCOUNT MODULE


Gifs and memes are some of my favorite things. It is so much fun to find the perfect gif that showcases what you're feeling or to convey that perfect reaction. I even love to collect them for the instant message system we have at my work.
I took up the challenge this week to define myself in 5 gifs. I think I did pretty well if I do say so myself!
This for some obvious reasons haha. I feel this not only defines my museum nerdness but also the fact that I literally say that phrase at least once a week for real.
Like Jim I sport this look way too often in life. One might say it's my go to.
We all know how much I love food. Pretty sure this one defines that love to a T or maybe a P!
Most days it seems like no one listens to me unfortunately.
Last but definitely not least. Obviously I'm very happy and happy with my husband hence no bullet wounds haha.
What gifs would define you?!
Running around the Chicagoland area getting photos and experiences is always fun but I love that it facilitates being able to enjoy new restaurants. We recently took Stephanie's advice and tried out Old Irving Brewing Company. Located in the Irving Park neighborhood this brewery did not disappoint on the beer or the food!
We were there on a Saturday during brunch. I really appreciated that they had a decent amount of lunch food as part of the brunch menu. Some places focus solely on breakfast and for me once you hit 10:30 you better have lunch food for me!
Usually we're pretty good about not having appetizers but we saw someone else who had the pork rinds and we just couldn't pass them up. They were very tasty and perfectly crunchy.
I went with the Roasted Salmon. I wasn't expecting it to come out looking so fancy! It was beautiful and tasted just as good as it looked. Every bite was eaten that's for sure.
The atmosphere was casual and fun. It's the perfect place to enjoy a meal and several drinks with family, kids or friends.


I was looking for some screen for custom cabinet inserts and found Dupont Wire. I called them and spoke to a very informed salesperson. Even though I didn't require a lot of screen, he still took the time to go over the pros and cons of using one type of screen vs another and spent quite some time helping me understand the different products available. I've never done a review for a company before but I was so impressed with these guys that I just had to share my experience.
Best priced wire mesh in Toronto!
Ive been going to Dupont Wire for a few years now buying materials for my company, Dave and Fab are two great guys with great products at great prices. I actually used to buy the material at another mill closer to our shop but due to the attitude and pricing I travel 3x as far. Its a real pleasure doing business with Dupont Wire keep up the good work!
dupont wire provided the cabinet builders the most beautiful decorative screens/ wire mesh grilles, or whatever you call it. I wish I could show a picture on homestars but I can't figure out how to ! you can see for yourself on the website www.dupontwire.com under the heading stock, sub heading decorative wire mesh. Wolfgang Kreiger.
Dupont Wire Ltd has not added any photos.


text:
Rehoboth man faces charges of selling cocaine, fentanyl, heroin
By Curt Brown, The Standard-Times
NEW BEDFORD — Narcotics detectives seized crack cocaine, nearly $2,500 in cash and arrested an electrician on trafficking charges in a drug bust Monday night, court records say.
New Bedford narcotics detectives found drugs in a sports utility vehicle, driven by the suspect, Ryan D. Potter, 41, of 150 Martin St., Rehoboth, in his clothing and at his place of business at 674 Summer St. in New Bedford's North End, according to documents in New Bedford District Court.
Potter is charged with cocaine trafficking 18 grams or more, possession with intent to distribute fentanyl and possession with intent to distribute heroin, court records say.
Detectives with the New Bedford Police Department's narcotics unit, Organized Crime Intelligence Bureau, received information from "a confidential informant" that Potter sells cocaine and would be leaving his business a with a large quantity of the drug.
The informant purchased cocaine from the suspect and identified Potter from the suspect's photo with the Registry of Motor Vehicles, court documents say. The informant added that Potter would be leaving his business about 8 p.m. Monday.
Potter left his business about 9:50 p.m. carrying a black backpack and detectives followed his Jeep Cherokee as it traveled on Summer, Garfield and Myrtle streets until they stopped it at Myrtle and Coggeshall streets, court records say.
In the backpack, which was on the front passenger seat, police found a plastic bag of cocaine with 11.5 grams, $2,228 in cash and a digital scale, records say. Detectives also found another 1 gram of cocaine and $214 in cash in Potter's clothing.
Potter told police he is an electrician and 674 Summer St. is his business address, court records say. He began agitated with detectives and began reaching into the rear of his pants while being questioned at police headquarters on Rockdale Avenue.
Police asked if he had any more narcotics on him and he said, "ya just take it all." He was brought into the booking room where a bag with 12.9 grams of cocaine was found.
Police asked if there were any more narcotics at his business and he said, "that's not going to help me now," court records say. Police used a key Potter provided and secured the business until they could obtain a search warrant.
Detectives searched the business and found two plastic bags of crack cocaine weighing 3.4 grams; a plastic bag of heroin weighing 10.0 grams, a digital scale, cut corner bags and packaging material, court records say.
He was arraigned Tuesday in New Bedford District Court and Judge James J. McGovern ordered him held on $2,500 cash bail. The case was continued until Aug. 8 in New Bedford District Court.


text:
WhatsApp v. NSO Group: State Immunity and Cyber Spying
by Russell Buchan and Daniel Franchini
Cyber, Cyber espionage, Cybersecurity, Digital Surveillance, Foreign Sovereign Immunities Act (FSIA), Social Media Platforms, state immunity, Surveillance, WhatsApp
In October 2019, WhatsApp – an online messaging platform owned by Facebook Inc. – filed a lawsuit against NSO Group (NSO) before the District Court for the Northern District of California. NSO is an Israeli-based technology company best known for its Pegasus spyware, which can be used to gain access to confidential information stored on computer networks and systems. WhatsApp claims that, by exploiting a vulnerability in its operating system, NSO implanted this spyware on the mobile phones of its customers, including human rights activists, lawyers, and religious figures. According to WhatsApp's complaint, NSO's spying activities violate U.S. law on computer fraud as well as WhatsApp's user agreement. WhatsApp has applied for a permanent injunction to prevent NSO from accessing its platform.
NSO denies WhatsApp's allegations and, on April 4, 2020, it filed a motion to dismiss the case, which was accompanied by a declaration by NSO CEO Shalev Hulio. NSO claims its activities are limited to licensing software to government law enforcement and intelligence agencies, and that it does not operate the technology. This is consistent with a previous statement in which NSO maintained that it only sells its software to human rights-respecting governments that use it to fight terrorism and serious crime. Yet, media outlets cite NSO sources who suggest that NSO is directly involved in surveillance operations because either foreign governments lack the technological expertise to carry out the operations themselves or their national law prohibits them from doing so.
Whether WhatsApp can establish NSO's direct involvement in the surveillance operations will be an important factual matter to be resolved at trial. However, it is not necessarily the case that this dispute will end with a consideration of its merits. NSO argues that, even if the court accepts WhatsApp's allegations as true (p. 8), U.S. courts lack both personal and subject-matter jurisdiction to hear the case. While personal jurisdiction raises the question of whether the company has sufficient connections with the United States for the case to be decided by U.S. courts, this article focuses on NSO's arguments concerning subject-matter jurisdiction. In this regard, NSO relies entirely on the doctrine of foreign sovereign immunity, and this poses a difficult and novel question in international law: can a private company assert state immunity in legal proceedings to which the state is not a party? To answer this, NSO's arguments will be tested against the United States' foreign sovereign immunity jurisprudence under the 1976 Foreign Sovereign Immunities Act (FSIA) and the relevant rules of international law.
The Doctrine of State Immunity
Customary international law recognizes that, as sovereign entities, states are entitled to some degree of immunity from suit before foreign courts (ICJ, Germany v Italy, para 78). While the precise boundaries of the rules governing state immunity are contested, most states now follow a "restrictive approach". According to this view, state immunity applies exclusively to acts carried out by foreign states in the exercise of sovereign functions (acta jure imperii) and cannot be asserted with regard to acts that do not involve the exercise of such functions (acta jure gestionis). This trend, which Italian and Belgian courts initiated at the turn of the 20th century, was endorsed by the United States with the 1952 Tate Letter. In 1976, FSIA confirmed the restrictive doctrine by providing a number of exceptions to state immunity for non-sovereign activities.
Under U.S. law, in Amerada Hess the Supreme Court held that FSIA is "the sole basis for obtaining jurisdiction over a foreign state" (p. 434). A "foreign state" is defined at § 1603(a) of FSIA as the state as well as "a political subdivision of a foreign state or an agency or instrumentality of a foreign state." States can of course assert immunity before U.S. courts when proceedings are instituted against them in their own name. Yet, in the WhatsApp dispute the parties to the case are two private companies. Under § 1603(b) of FSIA, a separate legal person is considered "an agency or instrumentality of a foreign State" when it is "an organ of a foreign State or a political subdivision thereof, or a majority of [its] shares or other ownership interest is owned by a foreign State or political subdivision thereof." It is clear that NSO meets none of these requirements: NSO is a privately owned company and there is no indication that it acted as the organ of a particular government.
Derivative State Immunity as Indirect Impleading
NSO argues that, "[t]o the extent [it has] any role in sovereign governments' use of NSO's technology," it is "entitled to derivative sovereign immunity" (pp. 9-10). "Derivative sovereign immunity" is not a term of art in international law, and the FSIA is silent on this issue. In support of its claim, NSO relies principally on the 2000 judgment in Butters v. Vance Intern., Inc., in which a U.S. company was deemed to be entitled to "derivative immunity under the FSIA" for acts carried out following Saudi Arabia's orders (p. 466). However, it is unclear how this judgment can be reconciled with the 2010 Supreme Court's decision in Samantar v. Yousef, which clearly states that Congress' purpose in enacting FSIA was exclusively to codify state immunity, not other sovereign immunities such as the immunity of state officials, which continue to be governed by the common law incorporating international law (p. 322). Indeed, the Samantar ruling looms large given that in the 2014 Republic of Argentina v. NML case, the Supreme Court found that "any sort of immunity defense made by a foreign sovereign in an American court must stand on the [FSIA] text" (pp. 141-142).
There are only two routes by which the existence of a doctrine of "derivative immunity" might be argued before U.S. courts, and in both cases customary international law plays a crucial role in determining the content of this doctrine. The first option is to maintain that, despite the dicta of the Supreme Court, the FSIA implicitly allows private entities to claim immunity on behalf of foreign states. In this case, international law continues to inform the interpretation of this doctrine pursuant to the Charming Betsey canon ("an act of Congress ought never to be construed to violate the law of nations if any other possible construction remains"; p. 118). Alternatively, as the Supreme Court acknowledged, "[e]ven if a suit is not governed by the [FSIA], it may still be barred by foreign sovereign immunity under the common law" (Samantar, p. 324). Thus, if the question of derivative state immunity is deemed to fall outside of the scope of FSIA (the most plausible interpretation), derivative state immunity may still be found in the common law. In this regard, federal common law is deemed to incorporate customary international law and, moreover, respect for customary law on sovereign immunity is arguably required by the Constitution itself (Bellia and Clark, p. 170). However, even if one does not share this view, it has been convincingly demonstrated that "it is likely that CIL will influence judicial assessments of common law immunity claims" (Bradley and Helfer, p. 272).
Looking at customary international law, the concept of "derivative state immunity" invoked by NSO seems to refer to what is known as the "indirect impleading" of foreign states. Under certain circumstances, customary international law permits state immunity to be asserted before a foreign court when the state is not a party to the case but its sovereign rights are nevertheless implicated. Historically, indirect impleading occurred in those situations when state-owned property (usually vessels) was subject to proceedings before a foreign court (UNCSI Commentary, p. 25). In these cases, U.K. and U.S. courts found that state immunity constituted a bar to judicial proceedings because foreign states should not have to choose "between being deprived of property or else submitting to the jurisdiction of the Court" (UNCSI Commentary, p. 25).
That said, customary international law as evidenced by state practice and opinio juris on indirect impleading makes it very difficult for NSO to successfully invoke the doctrine of state immunity.
First, for NSO to claim some form of derivative immunity, at the very least it must identify the state(s) impleaded by the proceedings and to substantiate how their sovereign interests are affected. NSO's claim that it acts "entirely at the direction of their government customers" does not meet this requirement (p. 10). A court cannot be expected to accept these claims at face value, considering that foreign states remain free to waive their immunity and must be reasonably put in a position to do so (§ 1605(a)(1) FSIA). This places NSO in a difficult position because one of the reasons it is resisting proceedings before U.S. courts is to avoid "revealing national security secrets of foreign countries".
Second, state practice on indirect impleading largely consists of cases in which sovereign property is affected by foreign court proceedings. This is important in the WhatsApp case because NSO seems to be suggesting that it is intelligence collection as an activity that implicates the sovereign authority of a state – in other words, NSO's claim does not pertain to a state's sovereign property.
The International Law Commission attempted to codify indirect impleading in Article (6)(2)(b) of the United Nations Convention on State Immunity 2004 (UNCSI), which reads:
A proceeding before a court of a State shall be considered to have been instituted against another State if that other State:
(b) is not named as a party to the proceeding but the proceeding in effect seeks to affect the property, rights, interests or activities of that other State.
Ostensibly, Article 6(2)(b) expands the circumstances in which state immunity can be indirectly impleaded before foreign courts – state immunity can be asserted where proceedings affect not just the property of the state but also their "rights, interests or activities". If indirect impleading is available when proceedings affect the sovereign activities of a state, there is no reason why it cannot in principle apply to intelligence operations. However, UNCSI is not yet in force and there is controversy as to the whether all of its provisions codify customary international law. In fact, in 2017 the UK Supreme Court confirmed that, beyond cases affecting the property interests of foreign states, indirect impleading remains exceptional and is difficult to conceive (Belhaj v Straw; case note by Franchini). This decision was followed in the same year by the High Court of South Africa ("NM Cherry Blossom"), which reached the same conclusion.
Third, even if indirect impleading is available in relation to state activities, this rule applies only when legal proceedings affect the sovereign activities of a foreign state. This conclusion is sound because a private party cannot benefit from state immunity through indirect impleading with regard to activities for which the state itself would not enjoy immunity.
An important question is whether it is an activity's nature or purpose that determines its sovereign character (Crawford, p. 95). If it is an activity's nature that is determinative, we must look to whether it relates to the exercise of public authority. By contrast, if the exercise of a sovereign function is identified by an activity's purpose, we must consider its overall objective — potentially capturing a wider range of activities. The UNCSI provides that in order to determine whether an activity is "commercial" and thus non-sovereign, "its purpose should also be taken into account" (Article 2(2)). Yet, this approach runs counter to state practice, which suggests that "the predominant approach has been to focus upon the nature of the [activity] rather than the purpose" (Shaw, p. 532).
Intelligence operations are a quintessentially sovereign function. For example, espionage against hostile states is a matter of national security and, as such, it constitutes an acta jure imperii. However, there are some circumstances in which it is difficult to argue that intelligence operations possess the imprimatur of sovereign authority. For instance, intelligence operations against foreign companies – which are designed to acquire trade secrets that are then passed to domestic competitors – are activities that are likely to fall outside of the sovereign authority of a state, at least for most states. The United States for example insists that it never uses state apparatus to conduct commercial espionage, but the same may not be true for China. Thus, for NSO to persuade a court that its intelligence operations relate to the performance of a sovereign function, it will have to identify the nature of these operations. As we have already noted, it is unlikely that NSO will be prepared to discuss the specifics of these operations in open court.
Fourth, Article 6(2)(b) UNCSI explains that it is only when proceedings "affect" the sovereign property, rights, interests or activities of a state that the exercise of jurisdiction is precluded. The use of the term "affect" sets the bar low. To give this term its literal definition would mean that proceedings even marginally or tangentially touching upon the exercise of sovereign functions might be covered by state immunity. However, the rule of indirect impleading under customary law is likely to require a much greater impact on a sovereign function (Grant, Chapter 11). For example, the United States has previously pointed out that the terms used by Article 6(2)(b) are "sufficiently expansive to reach many other kinds of cases" and for this reason they required "further consideration" by states before finalizing the text (p. 30).
It stands to reason that, if state immunity applies in all proceeding that have an impact, however remote, on the activities of foreign states, this doctrine would lend itself to abuse as it would block courts from considering the legality of many corporate activities. An expansive reading of indirect impleading is also inconsistent with the current trajectory of state immunity, given that almost all states increasingly qualify this immunity with restrictions and exceptions to ensure an adequate balance between the protection of sovereignty and the individual right of access to a court (for further discussion on the immunity exceptions in FSIA see here and here). Indirect impleading should be therefore kept within strict and clear boundaries.
For the present authors, this doctrine should find application only when a determination of the legal rights and interests of a foreign state not party to the proceedings is a requirement for the court to reach a decision on the merits of the case. If a court is unable to decide a dispute "but for" judging on the rights and interests of foreign states, allowing the court to proceed to the merits would circumvent the rules of state immunity and undermine state sovereignty. However, when the rights and interests of foreign states do not form the subject-matter of the proceedings, the rationale behind state immunity is absent. The outcome of the proceedings do not involve the courts of one state passing judgment on the sovereign rights and interests of another state without its consent. Applying the doctrine of state immunity in this context would therefore unjustifiably deprive the court of its jurisdiction and amount to a denial of justice.
WhatsApp is suing NSO under U.S. law for hacking its customers' accounts. Thus, it is the legality of these activities, not of the acts of foreign states that are doing business with NSO, that constitutes the subject-matter of the proceedings. To be clear, judicial findings on the legality of NSO's surveillance operations may very well have implications for foreign states if they directed, profited from, or were otherwise involved in NSO's activities. However, it is a far cry to say that the WhatsApp case affects the rights and interests of foreign states.
NSO is seeking to bar proceedings before U.S. courts by invoking the doctrine of derivative state immunity. This article has demonstrated that, even if this doctrine is available under U.S. law, when tested against the relevant rules of international law this claim is likely to fail for four main reasons: (i) NSO will not identify from which state(s) it is deriving state immunity, a pre-requisite for indirect impleading; (ii) indirect impleading is usually limited to protecting state property rather than state activities; (iii) the secrecy surrounding NSO's links with its client-governments means it will be very difficult to persuade the court that the intelligence operations involved the exercise of a sovereign function; and (iv) WhatsApp's focus on NSO's intelligence operations means that the sovereign rights and interests of foreign states are not the subject-matter of the lawsuit.
Image: Justin Sullivan/Getty
Russell Buchan
Senior Lecturer in International Law at the University of Sheffield, UK. Follow him on Twitter (@RussellBuchan).
Daniel Franchini
Lecturer in International Law at the University of Sheffield and DPhil Candidate in International Law at Lincoln College, University of Oxford. Follow him on Twitter (@FranchiniDaniel).
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