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Carlos Ghosn strikes back, and Nissan should beware

By Joe Nocera

THE CARLOS GHOSN circus opened in Lebanon on Wednesday morning, with the ringmaster demanding rapt attention. Some 120 journalists from around the world, armed with cameras and cellphones, crammed in a room to hear Ghosn defend himself for the first time since he escaped from Japan last week. Ghosn, the former chairman of Nissan Motor Co. — and the creator of the Renault-Nissan-Mitsubishi alliance — spoke nonstop for an hour, his tone emotional, angry, aggrieved, sarcastic, sometimes all at once. Reporters asked Ghosn questions during the ensuing Q&A by shouting over everyone else.

Obviously, Ghosn’s stunning escape — as you’ve no doubt read, he reportedly hid in a large black box to evade Japanese custom officials at the Osaka airport — was the main reason the world’s business media was in attendance. The Ghosn drama, which began with his surprise arrest in November 2018, has become irresistible. And perhaps just as obviously, it was the one topic Ghosn had no intention of discussing, presumably to protect those who helped him. He made that clear at the start of his press conference.

But the catnip of the escape meant that he was going to have an audience that hung on his every word. Here, finally, was his opportunity to describe what it was like to be a prisoner in Japan — in solitary confinement, with the lights always on, and prosecutors interrogating him eight hours a day for days on end. “It will get worse for you if you don’t confess,” he says they told him. “And if you don’t, we’ll go after your family.” After he was finally granted bail, he tried to hold a press conference in Japan; the prosecutors responded by filing new charges and tossing him back in jail. He was not allowed to speak to his wife. Important documents he needed for his defense were kept from him. Concluding that there was no possible way he could receive a fair trial in Japan — where, he continually pointed out, the conviction rate is 99.4% — he told himself, “You are going to die in Japan if you don’t get out.”

His fury at the Japanese prosecutors — and the executives at Nissan whom he said colluded with them — was palpable. He named those he felt had betrayed him. He mocked Nissan’s performance since he was removed: “I read in Bloomberg that Nissan spent $200 million to get me. How rational is that?” Meanwhile, he added, Nissan’s market cap had fallen by $10 billion; the company had been hurt by spending so much time going after him at the expense of shareholders. He accused prosecutors of breaking the law by spreading false information about him to reporters. The press conference was in no small part an act of revenge, and Ghosn made no effort to hide his enjoyment in finally hitting back at Nissan and the prosecutors.

The least effective part of his presentation was his effort to refute the accusations that have been brought against him, starting with the charge that he had underreported some of his compensation. He had internal Nissan documents, signed by various executives and board members, that seemed to show that the company had approved everything he did financially. He projected a handful of them on a wall behind him, but it was hard to fully understand them in the brief time they were up, and in any case this was not the right venue to make a complicated argument. Indeed, if you hadn’t followed the case closely, you were unlikely to understand what he was arguing. (Later, during the Q&A, virtually none of the reporters asked him about the details of his defense.)

I have contended since Ghosn was first arrested that conspiring with prosecutors to have Ghosn arrested was an insane way for Nissan to be rid of him. In most countries, chairmen or chief executive officers are let go by a vote of the board; if they’ve done wrong, the company might try to claw back money or void stock options. L’affaire Ghosn has been an awful distraction for Nissan, which has cost it dearly. With Ghosn now free to defend himself — and to hurl his own allegations at the company — it is only going to get worse. At this point, Nissan couldn’t call a truce even if it wanted to. And it can’t win, either. Nissan has to decide whether it is more interested in pursuing Ghosn or fixing what’s wrong with the company. It has already proved that it can’t do both.

When you get right down to it, Nissan and the Japanese prosecutors put a rich, powerful man — a man unaccustomed to being defied — through hell. Now that he has escaped, it’s his turn to put them through hell. And hell hath no fury like a CEO scorned.

 

BLOOMBERG OPINION

Facebook’s laudable deepfake ban doesn’t go far enough

By Cass R. Sunstein

FACEBOOK SAYS that it is banning “deepfakes,” those high-tech doctored videos and audios that are essentially indistinguishable from the real thing.

That’s excellent news — an important step in the right direction. But the company didn’t go quite far enough, and important questions remain.

Policing deepfakes isn’t simple. As Facebook pointed out in its announcement this week, media can be manipulated for benign reasons, for example to make video sharper and audio clearer. Some forms of manipulation are clearly meant as jokes, satires, parodies, or political statements — as, for example, when a rock star or politician is depicted as a giant. That’s not Facebook’s concern.

Facebook says that it will remove “misleading manipulative media” only if two conditions are met:

“It has been edited or synthesized — beyond adjustments for clarity or quality — in ways that aren’t apparent to an average person and would likely mislead someone into thinking that a subject of the video said words that they did not actually say.”

“It is the product of artificial intelligence or machine learning that merges, replaces or superimposes content onto a video, making it appear to be authentic.”

Those conditions are meant to be precisely tailored to Facebook’s concern: Use of new or emerging technologies to mislead the average person into thinking that someone said something that they never said.

Facebook’s announcement also makes it clear that even if a video is not removed under the new policy, other safeguards might be triggered. If, for example, a video contains graphic violence or nudity, it will be taken down. And if it is determined to be false by independent third-party fact-checkers, those who see it or share it will see a warning informing them that it is false. Its distribution will also be greatly reduced in Facebook’s News Feed.

The new approach is a major step in the right direction, but two problems remain.

The first is that even if a deepfake is involved, the policy does not apply if it depicts deeds rather than words. Suppose that artificial intelligence is used to show a political candidate working with terrorists, engaging in sexual harassment, beating up a small child, or using heroin.

Nothing in the new policy would address those depictions. That’s a serious gap.

The second problem is that the prohibition is limited to products of artificial intelligence or machine learning. But why?

Suppose that videos are altered in other ways — for example, by slowing down them down so as to make someone appear drunk or drugged, as in the case of an infamous doctored video of Nancy Pelosi.

Or suppose that a series of videos, directed against a candidate for governor, are produced not with artificial intelligence or machine learning, but nonetheless in such a way as to run afoul of the first condition; that is, they have been edited or synthesized so as to make the average person think that the candidate said words that she did not actually say. What matters is not the particular technology used to deceive people, but whether unacceptable deception has occurred.

Facebook must fear that a broader prohibition would create a tough line-drawing problem. In its public explanation, it also noted that if it “simply removed all manipulated videos flagged by fact-checkers as false,” the videos would remain available elsewhere online. By labeling them as false, the company said, “We’re providing people with important information and context.” Facebook seems to think that removal does less good, on balance, than a clear warning: “False.”

Maybe so, but in the context of deepfakes, Facebook has now concluded that removal is better than a warning. In terms of human psychology, that’s almost certainly the right conclusion. If you actually see someone saying or doing something, some part of your brain will think that they said or did it, even if you’ve been explicitly told that they didn’t.

There’s room for improvement, then, in Facebook’s new policy; the prohibition ought to be expanded. But steps in the right direction should be applauded. Better is good.

Disclosure: Over the past five years, I have served on several occasions as an informal adviser to Facebook.

 

BLOOMBERG OPINION

Iraq evacuation won’t be forced as tensions ease

“THAT’S GOOD news for everyone,” presidential spokesman Salvador S. Panelo said at a briefing. — PCOO.GOV.PH

THE Philippines will continue evacuating Filipinos from Iraq, which hosts several American military bases, even if the US and Iran seem to have pulled back from war, the presidential palace said on Thursday.

“That’s good news for everyone,” presidential spokesman Salvador S. Panelo said at a briefing, referring to reports that tensions appear to be simmering down.

“Nevertheless, the move to evacuate and repatriate is still going on,” he said, even as he noted that workers won’t be forced to come home.

Mr. Panelo said Filipinos there need not come home to the Philippines and may wish to be transferred to a safer area in the region instead.

US President Donald Trump on Thursday said Iran “appears to be standing down” after it attacked two American bases in Iraq with more than a dozen missiles a day earlier.

The attacks were in retaliation for a US strike that killed top Iranian commander Qasem Soleimani in Baghdad’s international airport on Friday.

In a televised address to the nation from the White House, Mr. Trump said there were no Americans harmed in the ballistic missile salvo aimed at two bases, according to AFP.

While he promised to immediately impose “punishing” new economic sanctions on Tehran, Mr. Trump welcomed signs the Islamic republic “appears to be standing down.”

The Foreign Affairs department in a statement clarified that Filipinos in Iraq would no longer be forced to leave the Middle Eastern country even as the highest alert level there remained.

The repatriation will push through “for those willing to return,” Foreign Affairs Assistant Secretary Eduardo Martin R. Meñez said.

“Alert level 4 is mandatory, but experience has shown otherwise,” Mr. Meñez said. “Alert levels are constantly reviewed and adjusted.”

The Labor department in a separate statement said the alert level in Iran had been lifted and the one for Lebanon was lowered to 2.

The deployment ban in these two countries stay, Labor Secretary Silvestre H. Bello III said.

“The Philippine Overseas Employment Administration will not be processing any applications for the two countries in the meantime,” he added.

The government of President Rodrigo R. Duterte earlier said it would send two battalions of soldiers to help evacuate more than 1,000 Filipinos from Iraq. — Charmaine A. Tadalan, Gillian M. Cortez

US Senate condemns de Lima detention, drug war killings

THE US Senate has passed a resolution condemning the government of President Rodrigo R. Duterte for the wrongful detention of one of his staunchest critics, according to the US Congress website.

The chamber approved Resolution 142, sponsored by Senator Edward J. Markey, on Jan. 9 urging the Philippines to release Senator Leila M. de Lima and drop charges against Maria A. Ressa, founder of news website Rappler.

“Extrajudicial killings perpetrated by the government of the Philippines as part of a government-directed antidrug campaign present the foremost human rights challenge in the Philippines,” according to the resolution.

Drug-trafficking charges against Ms. de Lima “followed a history of criticizing extrajudicial killings in the Philippines and the Duterte administration’s anti-drug campaign,” it said.

The resolution also called on US President Donald J. Trump to impose sanctions against Philippine government officials behind extrajudicial killings in the drug war and people behind Ms. de Lima’s detention.

Meanwhile, US Senator Richard J. Durbin asked the Philippine government to stop threatening American travelers seeking to enter the Southeast Asian nation. He also renewed his call for Ms. de Lima’s release.

“There is an easy and honorable way forward — the Duterte regime should stop threatening the travel of Americans and so many others who travel between our nations,” he said in a privilege speech posted on the US Congress website.

Mr. Duterte last year ordered authorities to ban Mr. Durbin and Mr. Markey as well as Senator Patrick J. Leahy from the Philippines.

The US lawmakers were behind the US Senate resolution and an amendment to the US budget bill that denies US visas to Philippine government officials who supported Ms. de Lima’s detention.

“It was our little measure in that appropriation bill that led President Duterte to ban us from ever traveling to the Philippines,” Mr. Durbin said. — Charmaine A. Tadalan

Catholics parade Black Nazarene in celebration of Christ

HUNDREDS of thousands of Roman Catholics in the Philippines walked barefoot on Thursday around a centuries-old black wooden statue of Jesus Christ believed to have healing powers, praying for good health and economic success in the new year.

Devotees clad in yellow and maroon thronged the life-sized statue known as the “Black Nazarene” as it was paraded through the streets of Manila aboard a rope-pulled carriage, in one of the main annual festivals in Asia’s largest Catholic nation.

“I joined the procession to wish for good fortune for my family, good health and for my future plans,” Ian Lanaria, 24, told Reuters.

Participating for the first time, Mr. Lanaria said he had decided to join after previously watching the mass ritual on television and hearing about the miracles from his friends.

People were seen jostling through the crowd of police to be near the statue as it crawled through the capital, believing that a slight touch would bless them, heal their illnesses and those of their relatives.

Thursday’s procession is expected to last for hours, and organizers expected it to draw 6 million people as the crowds swell over the day.

An early morning estimate by police put the crowd at around 400,000 people, excluding those waiting further along the procession’s six-kilometre (3.7 miles) route.

Having had his prayers answered when he was in need of money in the past, Bonny Morales, 65, was among the early worshippers.

“After making a vow to the Black Nazarene my loan immediately got approved, which is why I truly believe in its miraculous powers, especially for those who have strong faith in the Black Nazarene,” Mr. Morales said. — Reuters

Baguio council approves street parking fees on 1st reading

THE BAGUIO City council has approved on first reading a proposed ordinance to regulate the use of some roads within the central business district, including the imposition of parking fees. In a statement on its social media page, the council noted that the proposed local law is intended to help address traffic congestion in the mountain city, which are in partly due to road violations such as “disorganized parking, rampant obstruction, double parking, and lack of regulation in parking areas, among others.” Once passed, the ordinance will apply to the following areas: The whole stretch of Lower Session Road (both lanes); Leonard Wood Junction to Casa Vallejo, Kalaw Road; Junction to PFVR Gym Entry (Upper Session Road); Kalaw Street fronting the building of the Court of Appeals; corner of Session Road to the corner of General Luna (left lane of Assumption Road from Session Road), the whole stretch going to Jose Abad Santos Drive (Harrison Road), the whole stretch of Skyworld (Calderon Street), the stretch from Generika to Phoenix Café (Claudio Street), the front of Tourism (Gov. Pack Road), the front of Department of Tourism (Gov. Pack Road), from Lions Club waiting shed to Lions Club entry (Gov. Pack Road), the whole stretch of Kayang Hilltop Road (left lane from Magsaysay Avenue), and from Kiltipan Merchandize to Dian Juat Furniture (Kayang Road). Other roads may be included in the future, to be determined by the Traffic and Transportation Management Committee.

FEES
Under the ordinance, all vehicles not exceeding five meters in length are allowed to park in the identified areas subject to the following fees: P35.00 for the first two hours, and P15.00 for every succeeding hour or fraction. Motorcycles, on the other hand, will be charged P20.00 for the first two hours and P5.00 for every succeeding hour or fraction. The proposed ordinance is now up for review by the committee on public utilities, transportation and traffic legislation.

Dinagyang Festival teaser set Friday

BW FILE PHOTO

THE 14 groups that will compete in two events in this year’s Dinagyang Festival will give a sneak peak of their dance performances on Friday, Jan. 10, during the opening salvo of Iloilo’s biggest annual fiesta, to be held at the Iloilo Freedom Grandstand. Jobert A. Peñaflorida, president of the Iloilo Festivals Foundation Inc., said the teaser event is also intended as a test run for the festival’s logistics, and overall organization. Eight “tribes” will be participating in the new Dinagyang360 competition on Jan. 26, wherein performances will have to be choreographed in consideration of a 360-degree audience. The traditional Dagyang sa Calle Real street dancing competition, scheduled Jan. 25, will have 6 groups from different villages. Friday’s opening event will be capped off with a fireworks display. — Emme Rose S. Santiagudo

Ordinance proposed declaring Arroceros Park as permanent forest area

AN ORDINANCE has been proposed declaring Arroceros Forest Park , dubbed as the last lung of Manila, as a permanent forest park. Draft Ordinance No. 7981, filed in September last year and published on Jan. 9, mandates the city government “to protect and conserve the integrity of the last environmental frontier of the city.” The 2.2-hectare land located in Arroceros Street beside the Pasig River is considered significant for “scientific, educational and recreational use.” The forest park was developed in 1993, following a memorandum of agreement signed by then mayor Alfredo S. Lim and the Winner Foundation, Inc. for the creation and enhancement of an ecological environment of the nation’s capital. Republic Act No. 5752 or the Local Autonomy Act states that each municipality or city must initiate the establishment of a permanent forest tree parks in their jurisdiction equivalent to 2% of the entire area. Arroceros Park came under threat when former mayor Joseph E. Estrada planned to build a gymnasium inside it in 2017. The plan did not push through. Another ordinance, approved in November last year, already closed for public use a land near the park for future expansion. — Vann Marlo M. Villegas

To visit the tarsier sanctuary in Tupi, you got to plant trees

THOSE WHO want to visit the tarsier sanctuary in Tupi, South Cotabato will have to sign up for the “Voluntourism” program, wherein they will have to help plant trees to get the chance to see the smallest primates in their natural habitat. In a statement, the Department of Environment and Natural Resources-Region 12 (DENR-12) office said walk-in visitors are no longer allowed as part of the conservation efforts. The sanctuary is located within the Mt. Matutum Protected Landscape (MMPL). “Tarsiers are nocturnal animals, hence they sleep during the day and are active only during the night, like owls. Hence, visitors are enjoined to avoid disturbing these animals in their natural habitat or when visiting the Tarsier Sanctuary,” said Gabriel M. Baute, the Protected Area superintendent of the 13,947-hectare MMPL. DENR-12 also noted that tarsiers are known to commit suicide when in captivity and exposed to such stressors like camera flash, human touch, and other sources of disturbance.

PROTECTION
The Voluntourism program was developed by the Tupi municipal government. Municipal Environment and Natural Resources Officer (MENRO) Rolando T. Visaya said they want to attract visitors who have “high regard and motivation for the protection and conservation of biodiversity, especially the tarsiers.” The Philippine tarsier (Tarsius Syrichta) has been declared a “specially protected faunal species” of the country through Proclamation No. 1030 signed on June 23, 1997 by then President Fidel V. Ramos. MSJ

Those who want to visit the sanctuary may contact the Tupi MENRO at (083) 226-2800 or the MMPL PASu at (083) 228-1404.

Cebu hotels lament Sinulog Festival lower occupancy due to vacation home rentals that don’t pay taxes

HOTELS IN Cebu City usually enjoy full or almost full occupancy in the run-up to the Sinulog Grand Parade every third Sunday of January, but not this year. The Hotel, Resort, and Restaurant Association of Cebu (HRRAC) said members’ average occupancy rate is currently at 60%, one of the lowest in recent years. HRRAC President Carlo Suarez said they attribute this mainly to the proliferation of vacation home rentals, which he said are mostly unregulated and do not pay taxes. “Legitimate hospitality businesses follow the rules, pay taxes, and other duties, while an increasing number of rooms are floated online,” he said. Mayor Edgardo F. Labella, on the other hand, said hotels may have themselves partly to blame. “You know, there are already many condos (condominium) and (online booking site) Airbnb competing with the hotels,” said Mr. Labella. He added that some visitors opt to stay with their relatives instead of getting hotel accommodations due to high rates. “That’s why I am really advising hotel owners not to take advantage of the influx of people, make sure your rates are reasonable,” the mayor said. Mr. Suarez denied that hotels in Cebu are bloating their room rates to take advantage of the Sinulog Festival season, noting that their businesses are guided by market forces. — The Freeman

Nationwide round-up

Gatchalian pushes for law on parking regulation

REPRESENTATIVE Weslie T. Gatchalian has renewed his call for the immediate passage of the bill seeking to protect consumers against security threats in parking spaces as well as regulate the imposition of “unreasonable and exorbitant” parking fees by various establishments, including shopping malls, schools, and hospitals. Mr. Gatchalian of Valenzuela City’s 1st District made the call after ACT-CIS Party-list Rep. Rowena Niña O. Taduran’s belongings worth around P240,000 were stolen after thieves broke into her vehicle while it was parked at a Quezon City mall last January 6. In the explanatory note of House Bill (HB) 3262, or the Parking Fees Regulation Act, Mr. Gatchalian said operators of parking facilities “undermines the trust given to them by consumers” by imposing a waiver of liability in case of loss property or damage to the customer’s vehicle. Mr. Gatchalian also noted that operators “have abused the lack of regularization in the commercial parking industry,” adding that these operators have been charging “exorbitant fees.” The proposed law aims to standardize rates. — Genshen L. Espedido

PHL bars 160 foreign sex offenders in 2019

Bureau of Immigration (BI) logo
A TOTAL of 160 foreign sex offenders were denied entry to the country in 2019, the Bureau of Immigrations (BI) said in a statement on Thursday. BI said Americans accounted for the highest number at 128, followed by 11 Britons, six Australians, four Chinese, and two New Zealanders. Also listed is a Cameroonian, a Canadian, a German, a Guatemalan, an Irish, a Korean, a Malaysian, a Russian, and a Taiwanese, the bureau said. BI Port Operations Division Chief Grifton SP. Medina said the number of registered sex offenders who were not allowed in was slightly higher than the 145 barred in 2018. Mr. Medina said they were immediately returned to their port of origin. Registered sex offenders are those who were convicted of sex crimes, including rape and molesting of minors, in their country and have finished serving sentence or are currently out on parole or probation. — Vann Marlo M. Villegas

Nation at a Glance — (01/10/20)

News stories from across the nation. Visit www.bworldonline.com (section: The Nation) to read more national and regional news from the Philippines.

Nation at a Glance — (01/10/20)

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