RCFP: Trump campaign’s nondisclosure agreements are unenforceable – Reporters Committee for Freedom of the Press

Amicus brief filed by the Reporters Committee for Freedom of the Press and 16 media organizations

Court: U.S. District Court for the Southern District of New York

Date Filed: Aug. 6, 2020

Background: In June, Jessica Denson, a former staffer for Donald J. Trumps 2016 presidential campaign, filed a class-action lawsuit against the campaign to nullify the nondisclosure agreement each staffer was required to sign.

Densons attorneys argue that the nondisclosure agreement is overly broad and indefinite, running contrary to established New York public policy. They also claim it violates the First Amendment by requiring a waiver of the right to engage in political speech.

In a motion for summary judgment, Densons attorneys asked the U.S. District Court for the Southern District of New York to declare the Trump campaigns form nondisclosure agreement void and unenforceable.

Our Position: The district court should grant summary judgment to the current and former Trump campaign staffers who have signed the challenged nondisclosure agreement and hold that the nondisclosure agreement is void and unenforceable.

Quote: When political campaigns require campaign staff to sign NDAs, they chill staff members speech and prevent the public from learning vital information about candidates for political office.

Related: Earlier this year, the Reporters Committee filed a friend-of-the-court brief supporting Mary Trumps efforts to publish a book about her uncle, President Donald Trump. The brief argued that a confidentiality agreement Mary Trump had signed 19 years earlier is unenforceable because it runs contrary to established public policy and the First Amendment.

In 2019, a federal appeals court ruled that Baltimores practice of forcing victims in police misconduct cases to sign nondisclosure agreements in order to settle is unconstitutional. The Reporters Committee and 19 media organizations had filed a friend-of-the-court brief in the case, arguing that the routine practice of using nondisclosure agreements silences the victims in these cases, restricting the news medias ability to report on police misconduct allegations.

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RCFP: Trump campaign's nondisclosure agreements are unenforceable - Reporters Committee for Freedom of the Press

Federal workers lose challenge to ban on discussing Trump impeachment | TheHill – The Hill

Federal workers lost a court challenge to a government rule banning them from having conversations about opposing President TrumpDonald John TrumpLincoln Project ad dubs Jared Kushner the 'Secretary of Failure' Pence: Chief Justice Roberts 'has been a disappointment to conservatives' Twitter bans Trump campaign until it deletes tweet with COVID-19 misinformation MORE or impeaching him.

U.S. District CourtJudge Paula Xinis in Maryland ruled this week that the union representing the workers did not sufficiently demonstrate that the rule violated their First Amendment rights.

Xinis, who wasappointed by former President Obama, wrote in her ruling that the plaintiffs did not provide any specific allegation as to how the Advisory Opinion interferes with their First Amendment rights.

She added that the plaintiffs argued simply that their members speech is chilled if the Advisory Opinion is allowed to stand, but provide little reason as to why.

The Court finds that Plaintiffs have failed both to aver claims fit for judicial review and to convince this Court that the balance of hardships weighs in their favor. Because Plaintiffs claims are not ripe, this Court lacks jurisdiction to hear them, she ruled.

The Office of Special Counsel, an independent federal agency, first warned in 2018 before Trumps impeachment that it would deem statements on resistance and impeachment to violate a federal law prohibiting federal workers from supporting or opposing political candidates in their official capacities.

"To the extent that the statement relates to resistance to President Donald J Trump, usage of the terms 'resistance,' '#resist,' and derivatives thereof is political activity," the office wrote in a memo.

The American Federation of Government Employees (AFGE) had argued that the guidelines expanded beyond the laws bounds and infringed on its members' freedom of speech and said the ruling was "still evaluating the courts opinion."

"[T]he decision is an obvious disappointment. The courts opinion does not give sufficient consideration to the profound chilling effect that OSCs guidance has on the First Amendment rights of federal employees. We look forward to providing a more comprehensive statement once we have completed our evaluation," saidAFGE National President Everett Kelley.

The Office of Special Counsel celebrated the ruling this week, saying it preserves the offices important advisory role.

This is a good outcome, and I appreciate the Court's thoughtful opinion, said Special Counsel Henry Kerner.

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Federal workers lose challenge to ban on discussing Trump impeachment | TheHill - The Hill

National Right to Work Foundation National Right to Work Foundation Issues Special Legal Notice for State of Ohio Employees Freed from Illegal OCSEA…

Notice explains that workers under OCSEA union power can freely cut off union dues deductions, warns employees against signing away their rights

Columbus, OH (August 6, 2020) National Right to Work Foundation staff attorneys today issued a special legal notice to State of Ohio employees regarding their First Amendment rights under the Janus v. AFSCME US Supreme Court case. The notice comes after an estimated 28,000 State of Ohio workers were freed of restrictions in exercising those rights as a result of a lawsuit against the Ohio Civil Service Employees Association (OCSEA, AFSCME Council 11) union brought by a group of State of Ohio employees with free legal representation from the National Right to Work Legal Defense Foundation.

The class-action lawsuit Allen v. AFSCME challenged OCSEAs maintenance of membership policy that blocked workers from exercising their right to end union dues deductions except for a brief escape period once every three years at the expiration of the union monopoly bargaining contract.

Right to Work attorneys argued that the restriction was unconstitutional under the 2018 Janus v. AFSCME Supreme Court decision, which was argued and won by Foundation staff attorneys. In Janus, the Court struck down mandatory union fees for public sector workers as an infringement of their First Amendment rights. It also ruled that the government can only deduct union dues or fees with an individuals affirmative consent, including a knowing waiver of their First Amendment right not to fund union activities.

As a result of this lawsuits settlement, union officials have given up their attempts to enforce the coercive policy based on union-designed dues deduction cards, which Foundation staff attorneys argued failed to meet the standard laid out in Janus. This means approximately 28,000 workers are now free to stop dues at any time.

The full notice is available at https://www.nrtw.org/ohio-janus/.

The notice explains the simple process by which state employees can exercise their right to end dues deductions, complete with sample resignation letters. It also warns employees that OCSEA union bosses may solicit them to sign new dues deduction forms which are not covered by the terms of the settlement. In light of that, the notice reminds workers that under Janus no State of Ohio worker can be forced to sign a union dues deduction form as a condition of employment, no matter what union agents may tell them.

OCSEA intends to solicit employees to sign new membership and dues deduction cards that purport to restrict when employees can stop the deduction of union dues from their wages, the notice reads.

All State of Ohio public workers must be aware that they cannot be forced into abandoning their First Amendment right to refrain from subsidizing an unwanted union hierarchy just to keep their jobs, commented National Right to Work Foundation President Mark Mix. Any State of Ohio public servant who is falsely told that they must sign a union dues deduction form should contact the Foundation for free legal assistance in defending their Janus rights.

The recent settlement is not the only time Ohio public employees have with National Right to Work Foundation legal aid successfully challenged union boss attempts to limit their rights.

Seven other Ohio public employees won the first-in-the-nation victory against unconstitutional escape periods with Foundation aid in January 2019, after they filed a class-action federal lawsuit challenging a similar policy created by AFSCME Council 8 bosses. They won a settlement ending the restrictions for themselves and their coworkers. That win was followed by two other Ohio public workers, Connie Pennington and Donna Fizer, successfully ending escape period restrictions with Foundation assistance in 2019.

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, assists thousands of employees in more than 250 cases nationwide per year.

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National Right to Work Foundation National Right to Work Foundation Issues Special Legal Notice for State of Ohio Employees Freed from Illegal OCSEA...

There Will Be Blowback – Forbes

Caption from US State Dept. "Announcement"

The publication of the Expansion of the Clean Network to Safeguard Americas Assets coming from the Secretary of States office yesterday is an example of posturing and saber rattling that will result in zero impact on intellectual property theft, potentially massive wasted expenditure, and more government encroachment on free markets. It will not end well.

Do not let anyone forget that the new era of digital mercantilism was kicked off in 2013 due to the activities of the National Security Agency. Thanks to Edward Snowden we learned that the NSA, for years, had been tapping undersea cables, forcing major US companies like Apple, Microsoft, Yahoo, Youtube, Skype and AOL (See PRISM slides.) to secretly funnel data to them, tapping communications in major telecom hubs, and developing exploits for HP, Dell, Cisco, Fortinet, Juniper, and Huawei gear.

The reaction from around the world was swift. Trust in US technology products was degraded. The EU reacted strongly with condemnations coming from world leaders whose cell phones had been compromised by the NSA. The EU passed GDPR in part as a reaction. The EU is also attempting to build an alternative cloud platform, Gaia X., to counter the dominance of AWS, Azure, and Google for modern computing infrastructure, despite forcing all of those platforms to build data centers in Europe to keep data in Europe (and, incidentally, give law enforcement and intelligence agencies their own jurisdiction to control and possibly monitor data.)

There has always been an effort on the part of governments to gain control of the means of production, apart from a short period post-Adam Smith, and pre-WWII, when capitalism had a brief moment in the sun. In those days governments were happy to tax output but did not create Soviet style command economies and industrial policies. During the late 90s there were some that thought the internet would free us from national boundaries and restrictions on trade. Any manufacturer of any good could launch a website with a shopping cart and sell anywhere in the world. If the product was digital, like a blog post, ebook, or video, it could be transferred over the internet free of taxes, import duties, or censorship. Those days and that dream are long gone.

Mercantilism according to the Wikipedia entry is:

Mercantilism is an economic policy that is designed to maximize the exports and minimize the imports for an economy. It promotes imperialism, tariffs and subsidies on traded goods to achieve that goal.

Each new administration in the US tries its hand at protecting US industry sectors, from wheat, to sugar, to textiles, to manufacturing. This turns into votes for the politicians and gives the manufactures the ability to raise prices without investing in efficiency and quality.

There is one industrial sector that the US dominatestechnology. Cisco, Juniper, Arista, and others completely own the market for networking gear while engaging in healthy competition with each other. The positions of Google, Apple, Microsoft, Facebook, and Amazon, are demonstrated by their market caps. With a few exceptions software is dominated by US tech companies.

Keep in mind that practically all technology hardware is produced in China for American companies. There is no need for an industrial policy to protect these companies and massive harm could come from anti-China posturing.

The Stick it to China memo has five bullet points and I am just going to assume there are no plans behind them:

-Clean Carriers. This bullet point seeks to bar Chinese telecom providers from the US. Would it be a bad thing if they did move into the US? What if a Chinese carrier delivered 10 gig internet for $10 a month? Sign me up. I dont trust any carrier and everyone should protect themselves from the monitoring of your activity that they engage in by using end-to-end encryption and proxies.

-Clean Store: To remove un-trusted applications from U.S. mobile app stores. This is transparently a policy to back Trumps tweets about TikTok and would be a massive encroachment on Apple and Googles ability to continue to dominate the market for apps.

-Clean Apps: To prevent untrusted PRC smartphone manufacturers from pre-installing or otherwise making available for download trusted apps on their apps store. Leaving aside the internal contradiction, this is aimed squarely at Huawei which sells some of the lowest cost smart phones in the world. I dont trust any app from any store and neither should you.

-Clean Cloud: This section is meant to bar US organization from storing data in Chinese cloud providers, specifically calling out Alibaba, Baidu, and Tencent. That could be disastrous for companies that sell into the single biggest market in the world, China. Once again, never trust any cloud provider. Encrypt all of your data all of the time.

-Clean Cable. To ensure the undersea cables connecting our country to the global internet are not subverted for intelligence gathering by the PRC. We know this is done all the time by the NSA to everyones undersea cables. Other countries do this too. It is completely impossible to protect tens of thousands of miles of cables that lie deep in the ocean. The simple solution to undersea tapping of cables is, you guessed it, encrypt all the data all the time.

Thankfully this ridiculous posturing by the State Department will be short lived. On January 20, 2021, a new Secretary of State will be sworn in and we will return to sane policies. But we must push back whenever we can against the rise of digital mercantilism.

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There Will Be Blowback - Forbes

Jewish woman released from ICE custody following national outcry – Forward

Image by ICE

ICE

(JTA) A Jewish woman who was in ICE custody and was scheduled to be deported has been released following a push by Jewish advocates, immigration activists and a local official.

Nylssa Portillo Moreno, who came to the United States as an undocumented immigrant at age 8 from El Salvador in 1993 and grew up in Houston, was recently detained by Immigration and Customs Enforcement, according to RAICES, a nonprofit that provides legal services on immigration and is representing Portillo. She was originally scheduled to be deported this week.

After RAICES tweeted about her case, a coalition of Jewish advocates sprung to Portillos aid.

Nelly is a Jewish immigrant. Nelly is locked up by ICE. Nelly is a cancer survivor, Rafael Shimunov, a progressive Jewish activist, tweeted Monday, adding the hashtag #FreeNelly.

RAICES, the Refugee and Immigrant Center for Education and Legal Services, confirmedthat Portillo was detained after being charged with theft, a charge that was later dropped.

Although she qualifies for DACA, the program that allows undocumented immigrants who came to the United States as children to remain in the country, she has not applied, according to RAICES. New applications are currently not being accepted. RAICES also said that Portillo is a cancer survivor, making her more vulnerable to the worst effects of COVID-19, and that she has been denied kosher food while in custody. According to RAICES, she has lost 60 pounds while in custody.

In the weeks since RAICES initial Twitter thread, Portillos case has attracted the attention of Jewish organizations. An open letter to ICEs San Antonio Field Office on Portillos behalf, written by the National Council of Jewish Women, was co-signed by 18 other groups, including the Union for Reform Judaism and the Anti-Defamation League.

The letter, sent Monday, said, As organizations inspired by Jewish values, we unequivocally believe that Ms. Portillo Moreno should be home in her community, where she can receive needed medical care, have access to kosher food, and be with loved ones.

Sheila Katz, CEO of the National Council of Jewish Women, said that Portillos case also sheds light on wider allegations of mistreatment and denial of religious rights to ICE detainees. ICE detained more than 140,000 people last year.

Its pretty outrageous, she said. This is just another notch in the real and inhumane treatment of people in custody, and we felt that Ms. Portillo Morenos story it was important for us to speak out about her in particular, but also to bring awareness to the fact that this is likely a pattern.

On Sunday, Never Again Action, a Jewish group that protests on behalf of immigrants at ICE detention centers, organized a phone bank that called ICE asking for her release, in addition to calling friends to raise awareness of her case. The group also placed calls to New York Sen. Chuck Schumers office because he is the Senate minority leader and a Jewish senior official. Stephen Lurie, an organizer with the group, told JTA, We think its crucial that Democratic leadership start paying attention and taking serious action on immigrant justice.

In addition, a Texas state representative in Austin, Gina Hinojosa, wrote a letter to ICE calling for Portillos release. Andiola said other elected officials advocated on Portillos behalf as well.

The advocacy appears to have worked: As of last night, a spokesperson for RAICES confirmed, Portillo was released on an order of supervision, which means she is free from custody but is still subject to proceedings in immigration court.

The situation that we would want is for USCIS to open the application for her to apply for DACA, said Andiola, referring to the U.S. Customs and Immigration Service. Other than that, shes going to have to seek other ways of being able to stay here with her attorneys.

Katz said she hopes Jewish organizations keep speaking out for undocumented immigrants who are detained, particularly during the pandemic.

I think the Jewish voice has been loud around humanity issues happening at the border, she said. We need to be louder always.

The post Jewish woman released from ICE custody following national advocacy campaign appeared first on Jewish Telegraphic Agency.

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Jewish woman released from ICE custody following national outcry - Forward

Alabama Mercedes plant among first in world to use innovative production system – Alabama NewsCenter

Mercedes-Benz U.S. International (MBUSI) in Tuscaloosa is among the first auto plants in the world to implement elements of Mercedes new MO360 digitized production system

Mercedes-Benz Cars Operations 360 (MO360) is being dubbed a digital ecosystem that uses a mix of software and hardware in all phases of the auto production process with the goal of improving efficiency and quality.

Mercedes-Benz Alabama plant incorporating new digital production system from Alabama NewsCenter on Vimeo.

Using technology like sensors on the vehicle bodies to hand-held tablets and smartphones, MO360 is a merging of modern innovations like the internet of things (IOT) and artificial intelligence (AI) with the historic innovation of the assembly line.

With MO360, Mercedes-Benz is setting milestones in digital production, Jrg Burzer, member of the Board of Management of Mercedes-Benz AG responsible for Production and Supply Chain Management. The key enablers of the new digital ecosystem are smart data usage, maximum transparency and streamlined processes. This makes the seamless networking of previously separate processes possible and increase efficiency.

Thanks to improved processes, comprehensive data availability in our MO360 data lake and fast decisions based on real-time data, we will be able to increase production efficiency by more than 15 percent by 2022, Burzer said. We are ensuring the complete digital support of each member of the production staff.

Key components of MO360 include:

The Alabama Mercedes plant has incorporated most of the elements of MO360.

Parts of MO360 such as digital shop floor management (SFMdigital), Quality Live and Paperless Factory are already implemented, said Michael Goebel, president and CEO of MBUSI. The integration of MO360 is already progressing extremely well. Some features, such as 5G and the API (Application Programming Interface) architecture, are being successively integrated.

Technologically, MO360 relies on reusable APIs, scalable cloud solutions, and free and open source software (FOSS). The result is ease of use for the new tech-savvy worker that feels comfortable using a smartphone or tablet.

A key success factor for MO360 lies in the fact that cross-functional teams of production and IT experts develop the ecosystem by agile and iterative collaboration,said Jan Brecht, CIO of Daimler and Mercedes-Benz. Organizational boundaries no longer have a role to play. All teams systematically utilize continuous feedback from production to optimize and enhance the digital tools. The teams continuously improve the software in short-cycle sprints with the aim of providing MO360 users with lasting perceptible benefits. In this way we are able to achieve regular software release cycles of just two weeks. For software engineering in the field of production, that is an absolute record.

Burzer said the MO360 system will be made available to suppliers who want to incorporate it into their processes. He said the companys $248.2 million Global Logistics Center in Bibb County will incorporate MO360.

Its another sign of the talented workforce that exists in Alabama.

MBUSI has been one of Alabamas great success stories, so it should come as no surprise that they are once again part of the cutting-edge production innovations Mercedes-Benz is implementing on a global scale, said Alabama Commerce Secretary Greg Canfield.

MO360 is being used in full for the first time at the new Factory 56 in Sindelfingen, Germany. When it opens next month, that plant will serve as a blueprint for all plants throughout the Mercedes-Benz Cars production network.

MBUSI produces the GLS and GLE SUVs and the GLE Coupe.

Mercedes-Benz launches MO360 global digital production system from Alabama NewsCenter on Vimeo.

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Alabama Mercedes plant among first in world to use innovative production system - Alabama NewsCenter

Enhanced efficiency thanks to new family of applications: Digital Mercedes-Benz production ecosystem MO360: global production networked in real time -…

Mercedes-Benz Cars Operations 360 (MO360) makes complex vehicle production completely transparent and maximises its efficiency. The new digital ecosystem comprises a family of software applications which are connected via shared interfaces and standardized user interfaces. These applications use real-time data to support the worldwide vehicle production of Mercedes-Benz Cars. Large parts of MO360 are already in use at more than 30 plants around the world. The networked plants supply data which the MO360 applications can access. Other applications for the digital support of production staff at Mercedes-Benz Cars are set to be integrated into MO360 successively. MO360 combines efficiency and quality tools in a functional unit for maximum transparency in highly digitalised automotive production. The digital ecosystem is being used in full for the first time at the new Factory 56 in Sindelfingen. It will thus serve as a blueprint for all plants throughout the Mercedes-Benz Cars production network.

With MO360, Mercedes-Benz is setting milestones in digital production. The key enablers of the new digital ecosystem are smart data usage, maximum transparency and streamlined processes. This makes the seamless networking of previously separate processes possible and increase efficiency, explains Jrg Burzer, Member of the Board of Management of Mercedes-Benz AG responsible for Production and Supply Chain Management. MO360 enables the automotive manufacturer to make use of cutting-edge big-data analytics and also to implement artificial intelligence methods in production. Thanks to improved processes, comprehensive data availability in our MO360 data lake and fast decisions based on real-time data, we will be able to increase production efficiency by more than 15 percent by 2022. We are ensuring the complete digital support of each member of the production staff, according to Burzer.

MO360 integrates the information from the main production processes and IT systems of the more than 30 Mercedes-Benz passenger car plants worldwide and brings together important software applications. It delivers significantly optimised KPI-based production control, for example. It also makes individual, needs-based information and work instructions available to each employee in real time. One precondition for the transparency of all production processes, equipment monitoring and access in real time is that all elements in the system speak the same language. Mercedes-Benz ensures this by comprehensive, worldwide use of the control software Integra: from sensor level at individual machines right up to production control, and also in its cooperation with all suppliers and system partners. Sophisticated cloud solutions deliver scalability and allow extensive big-data processing. All this makes MO360 the key ecosystem of Mercedes-Benz Cars Operations and therefore also the new benchmark for highly digitalised automotive production.

All in all, MO360 reflects the Mercedes-Benz Cars Operations aspiration to manufacture excellent products based on outstanding production methods. The ecosystem is based on all Mercedes-Benz Cars Operations strategic pillars: driving digitalisation forward, using resources sustainably, delivering the potential to use and expand motivated employees, providing maximum flexibility in the global production network as well as outstanding processes and maximum operating safety.

A key success factor for MO360 lies in the fact that cross-functional teams of production and IT experts develop the ecosystem by agile and iterative collaboration. Organisational boundaries no longer have a role to play, stresses Jan Brecht, Chief Information Officer (CIO) of Daimler and Mercedes-Benz. All teams systematically utilise continuous feedback from production to optimise and enhance the digital tools. The teams continuously improve the software in short-cycle sprints with the aim of providing MO360 users with lasting perceptible benefits. In this way we are able to achieve regular software release cycles of just two weeks. For software engineering in the field of production, that is an absolute record, explains Brecht.

New standard for highly digitalised automotive production

The importance of MO360 is also shown by the Factory 56 at the Mercedes-Benz Sindelfingen plant, which will be opened in September 2020. With it, Mercedes-Benz is redefining automotive production. This factory of the future meets all of the criteria for fully digital, flexible and sustainable production. For this, as one of the most modern automotive production facilities in the world, it relies consistently and comprehensively on innovative technologies and processes with Industry 4.0 technologies. High-speed mobile phone networks are also installed in parts of the production hall based on the future-oriented 5G standard, in order to connect processes, machines, plants and devices to each other. MO360 also comprises inch-perfect tracking of all vehicles in the factory halls in real time, so that each application in the ecosystem knows precisely, at any time, where a particular vehicle is located.

In the Factory 56, the employees work in a fully digital manner. As a key component of MO360, the PAPERLESS FACTORY gives each employee precisely the individually tailored information they need to work on the Mercedes-Benz vehicle right in front of them. In addition, all worker feedback, such as on quality inspections, is in digital form. This way of working not only increases efficiency, but also sets standards for sustainable production. Factory 56 alone will save around ten tonnes of paper per year thanks to the PAPERLESS FACTORY.

360-degree quality assurance

Mercedes-Benz produces top-quality vehicles. It is therefore crucial that all employees in production are supported to optimum effect in their work. The QUALITY LIVE quality management system, which is likewise part of the MO360 ecosystem, provides them at all times with press-button access to the live status of each individual vehicle. To make it possible to react to any non-conformities immediately and before the end of the production line, QUALITY LIVE has access to all production data. The system informs the quality management representatives and the workers proactively by smartphone or handheld about the current quality status in their area. As a subsystem of MO360, QUALITY LIVE also supports the structured problem-solving process as well as continuous process optimisation. It does this, when necessary, by making suggestions for efficient rework using AI methods. This makes for optimised quality control loops with the objective of ensuring that vehicles roll off the line without the need for rework. The stored knowledge is available to all the plants of the global production network.

Data availability and compatibility in real time

The applications of the MO360 ecosystem interlink seamlessly with each other: They are fully integrated both in terms of processes and data. As a result, production data for example flow fully automatically into digital Shopfloor Management (SFMdigital), so that those responsible are aware of the live status of production at any time. They have fast and focused access to production- and control-related KPIs (Key Performance Indicators), enabling them to react quickly and transparently to what is currently happening on the production line. Alongside workforce deployment, the KPIs include the first time capability rate (all vehicles without rectification work), the production targets per shift or the work in process, which shows how many vehicles make up the target/actual comparison in an area, for example in interior fitting. MO360 thus simplifies the decision-making process for efficient control of production while maintaining vehicle production in perfect quality constantly at the highest possible level. In daily shop floor rounds, SFMdigital supports the structured application of quality processes and at the same time functions as a digital communication tool for the problem-solving process, for example.

State-of-the-art software engineering

In developing the MO360 digital ecosystem, Mercedes-Benz relies on cross-functional, collaborating teams made up of IT and production experts. The focus of this product-oriented approach is on Full Digital Value the added value created by a digital tool in production. Newly developed functions are continually tested in ongoing production. The feedback gained in this way flows directly back into software development in short cycles.

State-of-the-art IT technologies and procedures play a dominant role in the digitalisation of Mercedes-Benz production. A key element is DevOps: with this form of organisation for modern software development, integrated teams take on overall responsibility not only for development (Dev) of the software components, but also for their subsequent operations (Ops). Technologically, MO360 relies on reusable API interfaces (Application Programming Interface), scalable cloud solutions, and primarily on Free and Open Source Software (FOSS). As such, the MO360 teams make use of the advantages of the global developer community as well as the dynamism and cost-efficiency of Open Source projects.

The modular family of applications is intuitive to use thanks to a modern user interface and clear controls. A common element of all MO360 applications is the so-called microservice architecture. This refers to the modular design of the overall system using independent components, which, in turn, communicate via API interfaces. The microservice architecture enables further applications to be successively integrated into MO360 without coming up against complexity limits.

Thus, for example, in future the maintenance of all Mercedes-Benz plants around the world will be connected to the MO360 digital ecosystem with the SMART MAINTANANCE application. This is because maintenance data provides new potential, such as for predictive maintenance. An example: If MO360 can detect that an electric motor in a production facility will soon need replacing, this can be done promptly in a suitable time window before wear and downtimes result in possible additional costs. In future, the AUTO SC application will also be used to optimise logistical processes both between and within plants.

In a next step it is planned to network a complete factory with MO360 at one location and develop it as a test factory for the plants worldwide. It is also conceivable to make parts of MO360 available to interested partners. Our know-how is very much in demand we received this feedback in initial informal discussions in completely different fields of activity and sectors, says Jrg Burzer. Jan Brecht goes on to explain: For this, too, we are clearly thinking along the lines of Open Source. We will release our MO360 Frontend Toolkit on Github.com in the third quarter of 2020. We are already excited about receiving feedback and, above all, about additional innovation impulses from the worldwide community.

SOURCE: Daimler

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Enhanced efficiency thanks to new family of applications: Digital Mercedes-Benz production ecosystem MO360: global production networked in real time -...

Weiss Ratings Places Ethereum Ahead of Bitcoin As Top Cryptocurrency, Says Cardano Has the Best Technology – The Daily Hodl

Ethereum has dethroned Bitcoin as the top cryptocurrency, according to Weiss Ratings.

The ratings agency has updated its overall crypto rankings which consider adoption, technology, market momentum and investment risk. Weiss now places Ethereum (ETH) in the number one spot, followed by Bitcoin (BTC), Cardano (ADA), Litecoin (LTC), and Stellar (XLM).

In addition, the crypto ratings agency names Cardano as the coin with the best technology. With the Shelley hard fork a success, Weiss analyst Juan Villaverde says his firm has already factored in the blockchains long-awaited upgrade in the coin rankings.

Shelley is already reflected in our technology model because we had full confidence that it would come out with this (fork). Were also reflecting on that same model that Cardano is capable of running smart contracts and dApps because we think these things will come out eventually so when Cardano pushes a code update, it doesnt really reflect on our ratings, unless its something new on the roadmap that wasnt there beforeAs the fundamentals for the blockchain, that is Cardano, improve over time, it will be reflected in our ratings.

Weiss also considers Cosmos (ATOM), Fantom (FTM), Tezos (XTZ), and Ethereum as the top coins in terms of technology.

As for the state of the crypto market, Juan Villaverde says the bull rally appears to have more legs as investors continue to focus on large-cap names.

The second story looks at the small-cap perspective. Weve seen small caps post stellar gains when a true crypto bull run is underway. This weeks pattern suggests to us that the crypto markets arent frothy yet and that higher prices await us still. We usually see the smaller altcoins outperform the broad crypto market once the rally enters its later stages.

The fact that the rally weve seen so far as remarkable as its been has been concentrated mostly in high-quality names tells us that caution still remains high among crypto market participants.

Weiss Ratings has provided financial market research and analysis for more than 30 years, and published its first crypto rankings in early 2018.

Featured Image: Shutterstock/Sergey Nivens

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Weiss Ratings Places Ethereum Ahead of Bitcoin As Top Cryptocurrency, Says Cardano Has the Best Technology - The Daily Hodl

What Really Is Cryptocurrency? – TheStreet

Courtesy of Matt Sauer, MWSWNB Investments:

Is it a derivative, an asset or a currency? Look at its effect on the efficient frontier. Confidence is the key in any currency.

The advent of crypto assets and specifically cryptocurrency has garnered a significant amount of attention from investors. Is this the dawning of a new asset class or tulip bulbs? While there is diverse opinion on the subject, we observe cryptocurrency from three vantage points:

Asset Allocation

Modern Portfolio Theory constitutes the prevailing wisdom on selecting assets based on forecasted returns of each asset together with the correlation to the others to determine the mix of the allocation. The risk measurement is introduced through the volatility of the returns and is utilized to determine the weights of the assets in the portfolio. The introduction of uncorrelated assets has been labeled a free lunch because of the potential of return not being solely driven by correlated risk. Investors have observed the traditional asset classes of bonds, stocks and cash increase in correlation especially since the correction that occurred in the early 2000s.

The goal of asset allocation is to generate a return pattern for different risk profiles that minimize the drawdown. The more correlated the assets, the increase in difficulty of achieving the goal. The factor that MPT left out is how path dependent asset returns are. Additionally, because financial asset prices are lognormally distributed rather than normally distributed, the tails are fatter than occurs in normal distributions.

One of the fallacies that occurs in asset allocation is the belief that the investors are arbitraging time so short-term volatility is not a concern. This ignores the path dependency of the returns because geometric averages are non-ergodic. The result of the differences in return pattern is labeled the volatility tax which is simply the difference between arithmetic and geometric averages. While the arithmetic averages are simply the average of the returns the geometric returns are the average of the logarithms of the average price changes. A logarithm is a concave function so the bigger the loss the steeper the curve and the greater the penalty paid by the portfolio.

So how does an investor mitigate the volatility tax? We will explore the costs of hedging versus the introduction of non-traditional assets in the portfolio to obtain the objective of maximizing the compounded annual growth rate.

Crisis Proofing

In a recent academic study (Harvey et al. 2019), the goal of crisis proofing portfolios was analyzed. Purchasing rolling S&P 500 puts was costly at 7.4% annualized cost (thus wiping out the expected performance) while also finding the strategy of utilizing 10-year US Treasuries as unreliable. The best solution found was a long/short strategy of quality minus junk utilizing Fama and Frenchs work. This leaves a long only portfolio manager with few options to avoid the impact on the geometric averages of swift downturns.

Introducing crypto assets as a low cost non-correlated asset will provide a different return pattern. After the original transaction costs, the carrying cost of 50-100 basis points per year of the asset only accrue 10-20 basis points overall to the cost of the portfolio for a 2% position. As a diversifying asset it is the cheapest form of owning the largest sigma of returns. This strategy does not require dynamic hedging by either rolling puts or simply buying the dip. These strategies both increase the size of drawdowns while rolling options becomes more expensive as implied volatility increases during swift downturns.

Research has established that the risk-return tradeoff is distinct from stocks, currencies and macroeconomic factors (Liu and Tsyvinski 2018). Additionally, factors specific to cryptocurrency markets (momentum and investor attention) drove returns.

The cost of dynamically hedging a portfolio is too expensive so the best alternative for the portfolio manager is to introduce assets that exhibit anti-fragility. Investments that benefit from chaos are extremely valuable to a portfolio manager and as cryptocurrency exhibits these characteristics once, no portfolio manager will sit on the sidelines the second time.

Portfolio managers must acknowledge that cryptocurrency does not act as a traditional hedge, but it does raise the efficient frontier. This becomes more important if bond prices become more correlated with stock prices and flatten the efficient frontier.

We suggest a new version of MPT that has a z axis that is defined by purchasing power of the portfolio in a basket of currencies. The efficient frontier becomes a plane that is advantaged by owning diversified currencies. This is another building block in crisis proofing portfolios as the debasement of a currency held as the primary currency can be a much greater tax than the volatility.

Asset Class

Critics of cryptocurrency have stated that the growth is not based on investment factors but derivative factors such as money laundering. These attempts to undermine an emerging asset class are not new and have always been part of the growth.

The recent volatility of prices may suggest to some pundits that cryptocurrency is not an asset class but a speculative game. This is the expected reaction to volatility as common stocks were treated with the same apprehension following the 1929-32 price movement. Lawrence Chamberlains 1931 quote in Investment and Speculation was that only bonds could be bought for investment. Obviously, this quote was a result of market movements at that time rather than an attempt to protect wealth against inflation in the long run but that is the point. Todays fears over volatility are tomorrows missed returns.

High yield bonds have long been known by their pejorative title of junk bonds. Investors were lambasted in 1990 for being so foolhardy as to have invested in an asset class that was down 8.46% when high grade bonds were up 8.96%. There was a media frenzy over the death of junk bonds as an asset class. However, 1991 was a rebound year as junk was up 43.23% versus 16% for the high-grade bonds. Back to back 18% years in 1992-93 put junk back to asset class status and it has been high yield ever since.

Speculators are deemed to trade strictly on greed and fear. Invoking Keynes beauty contest analogy, they are evaluating what the other speculators will do and attempt to do it first. The coordination game they are playing involves looking for the Schelling point for the path of least resistance in the short run. Therefore, momentum and investor attention has driven the price, investors are trading short term momentum from the media coverage and have been utilizing investor attention to create liquidity both up and down. As the asset class matures, the Schelling point is not media opinion but focal point investors. This allows institutional investors to coordinate without communication. As the allocations of the new asset class are made independently, the coordination game played by market participants is utilizing their own Schelling point.

Asset classes become relevant because of recent superior performance whether it is quality stocks, gold or high-grade bonds. Institutionalization occurs after the speculator fallout as investors slowly migrate to the investment.

Currency

Currencies are the domain of countries because of taxing capability, regulation and the ability to affect supply. The idea that cryptocurrency is a true currency has been a question. The growth in government debts and obligations globally has not been perceived by the financial markets as an issue yet the risks are mounting. The dollar is no longer backed by gold or any liquid asset other than taxing ability. Bretton Woods is only a memory.

There is no risk that an investor in United States Treasury bonds will not be repaid principal. The question is what the purchasing power of that principal in terms of a basket of other currencies, oil and gold will be.

What are the experts thinking and writing about government policies and the effects on purchasing power?

International Monetary Fund viewpoint

A recent IMF working paper espoused the following thoughts on debt:Sovereign debt is a Janus-faced asset class. In the best of times it relaxes the domestic constraint on savings, smooths consumption, and finances investment. Investors see it as a safe haven, as delivering alpha, and as a means of portfolio diversification. In the worst of times it is associated with debt overhangs, banking collapses, exchange-rate crises and inflationary explosions. Investors see it unenforceable, illiquid and prone to messy debt workouts.

Currently global debt is about $244 trillion and about 318% of GDP. In January 2019, the International Monetary Fund warned governments to reign in debt and build buffers against risks. If a government can borrow at very low rates or in some cases negative rates, the path of least resistance is to increase the money supply and borrow more to keep the world economy rolling.

United States Congress viewpoint

Congressman Brad Sherman has proposed cryptocurrency be banned because it poses a threat to the dollars role as a reserve currency and the fact that the international settlement of oil is in dollars. As unworkable a policy that he suggests, there is a hint of fear among those responsible in the United States for debasing the dollar.

Our viewpoint

Developing countries have gold and currency reserves to underpin their currency. Developed countries utilize sovereign stability to create demand for their currency and then exploit the demand by increasing the amount of currency to maximize domestic asset values. As governments find it more difficult to sustain asset values necessary for tax receipts the debasement will continue. The global lack of the velocity of money supply has had governments pushing on a string since the last asset crisis of 2009. The next crisis will be led by asset price downturns but will morph into a crisis of currency value as governments try to flood the market with paper money to support asset prices. In this case the assets that rise in value will not be tied to a currency, be portable and not debasing.

What exactly is Cryptocurrency?

Cryptocurrencys strength is that it can solve several fundamental problems in the global marketplace. Like having the transient properties of being a solid, liquid and gas; crypto assets can function in as a derivative, an asset and a currency. The investment holding that reconstitutes Modern Portfolio Theory and adds a z axis of currency risk also allows for a solution that is the new efficient frontier as it progresses into an asset class that is anti-fragile. Inflation protection is the tangible outcome of rethinking risk as defined by purchasing power across all currencies rather than the loss of it in one.

--Matt Sauer, MWSWNB Investments. Originally published here.

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What Really Is Cryptocurrency? - TheStreet

BLOG: How to capitalise on the Artificial Intelligence theme – Your Money – Your Money

Robotics and Artificial Intelligence (AI) are expected to disrupt numerous sectors and industries. But how can investors capitalise on this theme?

Artificial Intelligence, robotics and automation are all themes which are becoming more prevalent within todays society, and for investors, certainly have a lot of potential. We do not yet fully understand and are unable to predict the true impact of these technological advancements, yet the speed at which business and operational transformation is taking place via the implementation of these digital technologies is staggering.

Artificial intelligence (AI) is a branch of computer science which is allowing companies to move to a new standard of analysing data and helping them to garner more value from their assets, both physical and digital. By utilising rapidly growing datasets, businesses are able to drive innovation, increase efficiency and empower this data to generate societal and corporate profits.

Robotics have been around for some time with UNIMATE being the first robot to be used on a production line in 1962. Todays examples include welding robots in factories, order picking robots in goods warehouses and even surgical robots used to improve clinical outcomes of patients through minimally invasive surgery. Additionally, as automation has allowed companies to use software to perform administrative tasks, robots now input digital signatures, auto-filling of online forms and employee analytics. The automation of manufacturing processes has also allowed for greater efficiency and reduced costs.

The intent to embrace these technologies already exists and is growing. In Morgan Stanleys Q3 2019 CIO Survey, artificial intelligence and machine learning implementation was listed as the second highest priority IT spend for companies, preceded only by cloud computing. Traditional business models are certainly being disrupted. The benefits of these new and ever-improving technologies will expand well beyond just technology stocks; they will influence and drive change and disruption through numerous sectors and industries.

The investment case for these themes is clear for anyone to see. However, identifying the correct investments to exploit these substantial opportunities and putting them together in an efficient way is somewhat trickier. Below are a number of actively managed funds which look to capitalise on these increasingly important and impactful themes:

The fund is a particularly unique offering giving investors not only a chance to access companies benefiting from, or set to benefit from, AI but also giving access to an investment process using AI itself. Their proprietary AI platform is used to identify companies where economic value is directly affected by AI.

As more and more companies engage with AI, this fund is well positioned to provide strong exposure to secular investment growth of long duration, resulting in potential for very strong returns. The fund is well diversified and doesnt rely solely on high allocation to the US and tech stocks; however, investors will need to accept a higher level of overall risk.

The team managing and contributing toward the investment process is thought to be the largest dedicated technology investing team in Europe. Their expertise and experience helps them to identify companies standing to benefit and capture the growth created by these long-term transformational themes.

The fund gives great exposure to companies enabling and involved in robotics, automation, AI and materials science. In doing so it has delivered annualised returns of over 15.5% since its inception in late 2017 double that of both the benchmark and sector.

The fund mainly invests in companies contributing to, or profiting from, developments in robotics and enabling technologies. Pictet is arguably the leading thematic investing firm in Europe and their pedigree within this space speaks for itself. On a three-year basis, this fund has generated the highest excess return over its respective benchmark of any of Pictets funds demonstrating the potential of this investment opportunity in particular.

The team believe the robotics sector is set to grow significantly faster than the broader economy over the coming years due to the ability of robotics to increase productivity, reduce costs and help solve challenges such as an increasingly elderly population.

Tom Rosser is investment research analyst at The Share Centre

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BLOG: How to capitalise on the Artificial Intelligence theme - Your Money - Your Money