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Free Food For Tech Employees Goes To Waste

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Dreamforce is an annual conference hosted by the software company Salesforce. It’s a massive event that tends to subsume downtown San Francisco — blocking off city streets, clogging traffic, booking up Airbnbs, filling up every over-the-top nightclub in the vicinity. This year, Salesforce even commandeered a cruise ship, docked in the San Francisco Bay, to act as a floating hotel.

That accommodating attitude extends to food offered to conference-goers. This year, the spread was so abundant that a nonprofit group called Food Runners San Francisco was able to rescue 4,000 boxed lunches that would otherwise have gone to waste. “That’s only the 4,000 that I know about,” Nancy Hahn, director of operations at Food Runners, told BuzzFeed News. “The year before, it was probably similar,” said Hahn. “Those are the ones that we see; it could be more.”

Excess like that from tech companies is not hard to find. Airbnb, for example, left 1,855 pounds of extra food on the table last year at annual employee convention called One Airbnb.

Airbnb’s numbers are more precise because the company made a rare move by paying Food Shift, a nonprofit focused on reducing hunger, to manage the recovery. Food Shift’s tally from just one breakfast and lunch during the four-day conference totaled 761 pounds of excess food, including 138 pounds of polenta, 78 pounds of scrambled tofu, 153 pounds of yogurt, 15 pounds of bacon, and nine pounds of Mascarpone cheese. At another recent pickup, from a 140-person tech-company lunch, Hahn found 75 leftover burritos. “How do the amounts get to be so large?” Hahn asked.

Boom times beget decadent behavior, and the only thing flowing more freely than startup funding right now is free food. During the height of the dotcom bubble, companies like Google began offering meals as a perk to maximize productivity from employees who worked long hours. But like other aspects of Silicon Valley culture — hoodies, pingpong tables, sleeping at the office — what was once utilitarian has mutated into parody. “The opulence and the abundance and the excess [of food] is kind of synonymous to what was going on in Rome before the crash,” Dana Frasz, the founder of Food Shift, told BuzzFeed News.

Indeed, if you are employed by a tech company in the Bay Area right now, or invited to their events, the supply of subsidized food within hand’s reach is almost endless. Silicon Valley campuses are now dotted with kitschy food trucks, Indian restaurants, and raw food pop-ups as an alternative to already-bountiful cafeteria buffets. Office micro-kitchens are brimming with free snacks and organic produce, cater waiters offer up artfully arranged hors d’oeuvres at hosted happy hours, fireside chats come with gourmet grazing options, and boxed lunches have been known to contain a fancy cut of meat. Elaborate menus, posted online, change daily. Last Friday’s lunch at Facebook’s Full Circle cafe, for example, was Hunger Games-themed, including dishes with names like Cinna’s Creamy Rosemary Orange Chicken and Prim’s Baked Grape Leaf and Basil Wrapped Goat Cheese. Startups like Zesty, ZeroCater, and Cater2me — middleman between offices and local restaurants and food vendors — have now begun to pop up, most backed by the same venture capital funding that propped up demand in the first place. (Some BuzzFeed offices use ZeroCater as a vendor.) “There’s a lot of pressure . to never be caught without,” said Hahn. “No one can be one chip short. Ever.” Caterers have told her, “‘Oh my gosh, you should hear what we hear if we’re one portion short.’”

And all that food — spurred by the fear that anything less than abundance will hurt employee hiring and retention — leads to a lot of food waste.

But this is not another Google bus debacle, during which multibillion dollar tech corporations and their luxury shuttle buses quickly became a symbol of the industry’s indifference toward its neighbors. Silicon Valley has, for the most part, been conscientious about the community when it comes to surplus prepared food. Oftentimes that means signing up for free food-collection services, or partnering with pre-existing charities. According to Hahn, tech companies are the source of roughly 50% of the excess food picked up by Food Runners San Francisco, which now receives enough donations to deliver around 17 to 18 tons of food a week. And at Peninsula Food Runners, which is located in the startup-saturated South Bay, the percentage of surplus from tech companies is around 70%. Founder Maria Yap says hers is the only organization collecting prepared food in the area, so weekly she’s moving around 35,000 pounds of food. “GoDaddy, LinkedIn, a lot of these places have more than one cafeteria — and of course I deal with corporate caterers.”

But while nonprofits told BuzzFeed News they are grateful for all the surplus food, the deluge can be overwhelming. The burden of redistributing corporate spillover falls on agencies that offer their services for free and depend on volunteers. “I’ve heard so many people in the food recovery realm say it’s too much, when you have to send not just one car but three cars to a tech company to pick up what they have leftover in one day,” Frasz told BuzzFeed News. Nonprofits and church groups are overextended.

For-profit entities are entitled to their extravagances, of course. And food waste is a national issue, not unique to the tech industry. A 2012 report from the National Resources Defense Council found that 40% of the food in the United States goes uneaten. But surplus sounds callous from companies who claim to have a better vision for how the world should operate. It’s particularly troubling considering the number of neighbors who go hungry. In Santa Clara and San Mateo counties, which encompasses Menlo Park, Mountain View, and Sunnyvale — and the headquarters of Facebook, Google, LinkedIn, and Yahoo — one in four individuals is at risk for hunger. The national average is one in six people. In one of the wealthiest areas of the country that considers itself an incubator for the future, one in three kids are at risk for hunger.

To address the issue, in 2014, Second Harvest Food Bank launched “Stand up for kids,” a campaign co-chaired by Sheryl Sandberg. Second Harvest is the largest food bank in the region, serving 250,000 people a month, but it doesn’t work with prepared food. The agency is mainly seeking funding, and Silicon Valley has been eager to oblige. Tami Cardenas, vice president of development and marketing, said they have also been “trying to appeal to young tech workers,” including a Thanksgiving-themed spoof of Drake’s video for “Hotline Bling.”

Bon Appetit Management Company, which runs cafeterias for Google, Twitter, LinkedIn, and many more, seems headed in the right direction. The company hired a waste specialist who doubled the amount of food recovered in her first year, and Bon Appetit recently announced ambitious company-wide goals for food recovery by 2018. So far this year, its corporate accounts in the Bay Area donated 58,965 pounds of food.

When it comes to surplus food, the pickup and delivery process is about as intricate as Facebook’s daily menus. From big tech companies with an in-house kitchen, Food Runners San Francisco is seeing 12 to 20 trays on a daily basis, said Hahn. “That’s like food for 75 to 100 people. Sometimes the shelters get full. Some shelters don’t take catered food at all. Some of the really large soup kitchens, they’re trying to serve 2,000,” so “40 of this and 50 of that” doesn’t always fit their needs.

“I know this is gonna sound really crazy,” said Hahn, but one of the challenges early on were the lids for foil catering trays. “We would go for pickup and the lids would be nowhere in sight.” The food providers would explain that they took away the lids because “the clients don’t like to see them.”

Peninsula Food Runners’s criteria for free pickups is whether the food would be able to feed 10 people. “They don’t think who is actually eating this,” said Yap. “Come on, you guys, let’s be green about this: Would you want a driver to come out just to get your mayonnaise and ketchup?”

Ironically, the issues plaguing food recovery are the type of problems currently in vogue with startup founders. There’s a two-sided marketplace (donors on one side, shelters and food banks on the other). It requires real-time responsiveness (donations come in at peak hours and prepared food must be delivered in a timely manner). The process is riddled with inefficiencies (mismatch between the size of a donation and the needs of a shelter). The labor force is crowdsourced and fractured (on-demand apps require cheap couriers whereas nonprofits rely on volunteers).

“I make a joke sometimes, ‘Well, there oughta be an app for that!’” said Hahn. “What if when you walked in the office in the morning you [pressed a button] that said ‘Yes, I’m having lunch’ or ‘No, I’m not having lunch today.’” Perhaps, said Hahn, companies were using waste prevention measures. “Sometimes, based on the amounts of food I see, it doesn’t seem like they’re doing that."

Yap built an application called Chow Match to make donations easier. “The programmer happens to be my husband. He was just so tired of me talking about all this inefficiency,” she said. Yap said with more resources she could educate corporations concerned about the liability for donating prepared foods or whether or not there is a tax write-off. (Taxes are a concern with this perk. Last year, the IRS put “employer-provider meals” on its list of top priorities.)

Airbnb tasking Food Shift to manage those extra pounds of mascarpone and bacon is a great example of a successful partnership, Frasz said. For one, based on the feedback loop, waste was reduced by 191 pounds the next day. And secondly, Airbnb was willing to pay for the service.

In June, Food Shift released an in-depth report about waste in Santa Clara county, which includes Cupertino, Palo Alto, and Mountain View. “It exposes the hidden complexities around food recovery,” said Frasz. “I don’t think people realize how under-resourced these people are and how $300 would actually make a big deal.” It’s frustrating, she said, when “the tech company isn’t even willing to pay for the containers.”

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LINK: Read more about what Google, Airbnb, Uber, and more do with their food waste here.



Eviction Party Celebrates The End Of An Era

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Nitasha Tiku / BuzzFeed News

On Wednesday night, at an office “eviction party” in San Francisco, guests were handed bingo cards made especially for the unlucky occasion. The theme of the game was housing crisis, with squares like “Organizes protests against bad landlords,” “Pays more than ½ of their income towards rent,” and “Has been priced out of their office.” The winners received a T-shirt.

“Priced out” also describes the two nonprofits throwing the party. The co-hosts were both anti-eviction groups about to be pushed out of their shared office in San Francisco’s newly trendy Mid-Market District by a five-year-old tech startup that has raised more than $1 billion in funding.

The thematic games continued further into the nonprofits’ cluttered, homey headquarters on the 12th floor, where guests were encouraged to don a blindfold and play “Pin the Protest on the Profiteer” with silhouettes of besuited bad guys like The Dirty Developer.

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Nitasha Tiku / BuzzFeed News

The two nonprofits, Eviction Defense Collaborative and Tenants Together, currently both operate out of 995 Market St. — an office tower that dates back to 1908 and was once filled with other community service do-gooders. EDC has been there for more than a decade and sublets space to Tenants Together. But its landlords, Long Market Property Partners and Columbia Pacific Advisors, did not renew the EDC’s lease for 2016. Instead, the 12th floor will be taken over by the co-working company WeWork, which plans to repopulate the bulk of the building with sleek shared “co-working” space rented monthly to startups looking for an office with a venture-financed vibe.

WeWork is not wasting any time transforming floors into entrepreneurial lounges. The night of the party, the elevator was crammed full of workers in neon safety vests. It stopped every few floors, opening onto half-finished construction sites and, on one floor, a cleaning person pushing a plastic bussing cart while wearing a WeWork-branded polo shirt.

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Nitasha Tiku / BuzzFeed News

For the end of an era, the mood was impressively upbeat — it was a party, after all. Despite the long wait for the elevator, the 12th floor quickly filled up with other low-income housing activists and residents who had been assisted by the nonprofits. Paul Cohen and Dean Preston, the executive directors of the EDC and Tenants Together, respectively, took turns standing on a chair and giving brief speeches, punctuated by poetry recitations. The band that played live music afterward included a member from Legal Assistance for the Elderly, another nonprofit pushed out of the building in the past year or so. Throughout the evening, a scruffy, yellow-haired dog wagged his tail while bounding between the rooms.

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Nitasha Tiku / BuzzFeed News

Preston called the EDC’s work a frontline defense. “Pretty much every person in this town who is being evicted, this is their first stop,” he said. While organizations like Tenants Together work on policy initiatives and the bigger picture, “we’re not always rolling up our sleeves getting dirty in court.”

The image of a tech company shoving anti-eviction advocates out the door sounds as unsubtle as the inflatable skeleton stationed outside the building in protest. (The oversize grim reaper was a part of a semi-regular demonstration against WeWork’s use of non-union carpenters.) But that’s how stark inequality is in Mid-Market, a rapidly gentrifying neighborhood in downtown San Francisco. In 2012, the city instituted so-called “Twitter tax breaks,” offering payroll tax exemption to attract tech companies to the run-down area. (Six months ago, BuzzFeed San Francisco moved into an office two doors down from 995 Market St. Before that the bureau worked out of another WeWork location just around the corner.)

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Nitasha Tiku / BuzzFeed News

During his chair-top speech, Preston called getting booted out of one’s office “a different kind of displacement" from losing one's home, but pointed to one parallel. “The part of eviction that never seems to get recognized is the incredible toll on people when they’re being evicted. It’s not just where you’ve got to move to, it’s the toll over the process of losing where you are.”

Preston then thanked the staff and interns of both organizations “who have really put up with hell in this building thanks to real estate speculators who buy a building, don’t give a damn about the community-serving organizations—”

His tirade was interrupted by a guest shouting, “Fuck ‘em!”

Sue ‘em!” another guest yelled back, cracking up the scrum of people pressed up against the wall.

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WeWork's co-working space on the second floor of 995 Market St.

Nitasha Tiku / BuzzFeed News

Earlier this month, Paul Cohen, the EDC’s new executive director, told San Francisco magazine that the nonprofit had been paying $2 per square foot for the space for the past 10 years, but WeWork was prepared to pay “roughly $4” per square foot. CompStak, a commercial real estate database, told BuzzFeed that WeWork’s deal’s for 64,000 square feet was priced closer to $4.5 per square foot per month, on average. WeWork's $300,000 rent bill is offset by $4.5 million from its new landlords for refurbishing the place, according to CompStak's data. WeWork declined to confirm those numbers. The company also declined to specify whether its offer to “welcome [the nonprofits] as members” involved charging market rate rents.

At the party, Cohen said it wasn’t easy finding a landlord who would rent to the Eviction Defense Collaborative, but starting Jan. 4, the EDC, which served 5,000 San Franciscans last year, will have a new home at 1338 Mission St. Preston said Tenants Together is also very close to signing a lease in San Francisco.

After the speeches were over, Preston told BuzzFeed News that Twitter tax breaks were only one part of the problem. The city has made some effort to protect community service groups through its nonprofit displacement mitigation program, “it’s just that those kind of programs always seem to come later, right?”

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Nitasha Tiku / BuzzFeed News

Down on the second floor, WeWork’s first co-working location in the building was still in use around 7 p.m. A couple members were playing ping-pong, a few clustered around a chess board, while another pair sipped wine in front of their MacBooks on the couch. In the kitchen area, a cleaning person loaded the dishwasher with WeWork mugs while wearing a WeWork-issued T-shirt with the words “Community team” on the back. The counter had containers of La Colombe coffee that said “Roasted for WeWork” and there were samples of energy fizz sticks and daily fiber boosts from the vegan wellness company Arbonne up for grabs on the counter.

In the front lobby of WeWork's co-working floor, Appster, a web development company, was hosting a networking event where founders could learn “how to build a successful startup into a multi-billion company” and chat with entrepreneurs “trying to change the world.” In a corner near the projector screen was a WeWork poster that said “DON’T GIVE UP ON YOUR DREAMS!”

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Nitasha Tiku / BuzzFeed News



Porn Studio At Center Of James Deen Allegations Is Fighting Four Lawsuits

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Afp / AFP / Getty Images

When Kink.com severed ties with adult film star James Deen, the company’s disavowal was swift and unwavering. Two days after Deen’s ex-girlfriend, Stoya, alleged on Twitter that he had raped her, the San Francisco-based BDSM and fetish porn studio said it would cease all ties with Deen, who had appeared in more than 250 of its films, effective immediately. “Consent and respect are sacrosanct,” the company said in a public statement. “Our performers deserve not only safe sets, but the ability to work without fear of assault. Rape or sexual assault, with or without a safe-word, off-set or on, should never be accepted as a hazard of adult production.”

What has not been previously reported, however, is that Kink is at the center of four lawsuits filed this year that each allege unsafe working conditions with consequences ranging from retaliation to HIV transmission.

The company's name also came up repeatedly as more women came forward with allegations against Deen. Adult film performer Ashley Fires told the Daily Beast that Deen had assaulted her a communal bathroom at Kink.com. A few days after that, another porn actor, Nicki Blue, told the Daily Mail Online that when she complained on a Kink.com forum about being brutally raped by Deen at a party, her post was deleted. “There's a lot [Kink] could have done so that it didn't happen, so that people don't end up getting raped,” Blue told the Mail. Last week another performer, Lily LaBeau, has alleged that Deen assaulted her on a Kink set in 2012. Deen was not scheduled to film and was eventually “ejected” from the shoot. Michael Stabile, a spokesperson for Kink.com, said that as the news unfolded, the company discussed ways to improve its detection of seemingly isolated incidents. Kink.com needs to do a better job, he said, of making sure directors aren’t siloed and making sure that performers know exit interviews after a shoot are confidential and there won’t be any retribution. Stabile said the alleged assault against LaBeau was likely discussed with talent and booking, but “other directors continued to work with [Deen] and had good experiences.”

Of the four suits, three — filed by performers Cameron Adams, Joshua Rodgers, and an anonymous John Doe with the same lawyer, Sandra Ribera — allege that their respective plaintiffs contracted HIV on Kink sets as a result of negligence. (Kink.com maintains that neither Adams nor Rodgers, who were a couple at the time, performed with someone who was HIV-positive.) The fourth lawsuit, filed in June by a different lawyer, is from a former employee of Cybernet Entertainment, the company that operates Kink.com, who claims her managers did not protect her from assault while filming a public bondage segment, and then retaliated against her when she complained about unsafe working conditions.

All four lawsuits are still in the early stages. Kink.com has challeged the legal basis behind all three cases represented by Ribera. A hearing on Kink’s objections will be held in February. Last month, the company filed an answer to the complaint from the ex-employee denying all the allegations.

The courts, or a settlement, will decide the merits of each case. But the filings present a vivid depiction of what life inside the Armory — Kink’s 2.2-acre studio in San Francisco — can be like for some performers. The court documents also address the protocols for BDSM shoots put in place by an industry that has largely been left alone by regulators when it comes to sexual assault and allowed to police itself. Deen’s female accusers have tried to explain the hardships of speaking up when boundaries have been crossed. These cases speak to those challenges.

The complaints describe a working environment in which employees and contractors are pushed beyond their limits and on-set issues are dismissed — an image that’s quite contrary to the one that the company has projected in the wake of the allegations against James Deen. That image also runs counter to Kink.com’s longstanding reputation as the progressive man’s (or woman’s) BDSM site — a company with strong worker protections, and one that “upholds an ironclad set of values to foster an environment that is safe, sane, and consensual,” according to the official synopsis of Kink, a 2013 James Franco-produced, Sundance-approved documentary about the company.

BuzzFeed News contacted several Kink performers, and those who responded said that the allegations detailed in the suits don’t match their own experiences at the 18-year-old studio. Madelyn Monroe, who appears in several Kink videos, told BuzzFeed News that she was “shocked” by the lawsuits, and that Kink.com “follows protocol more than anybody. They’re really on their shit.” Another, Roxanne Rae, told BuzzFeed News in an email that Kink is “the best and most professional company I've ever worked for.”

Mona Wales, who has performed in more than a dozen videos for Kink’s Public Disgrace series — including one at the center of the ex-employee lawsuit — said the same. “People are not running around like maniacs raping each other,” she told BuzzFeed News. “That’s just not what goes down in my day-to-day existence. I would not be a part of that community.”

“Kink.com is about the safest place to make a BDSM porn,” she said.

In interviews with BuzzFeed News, Karen Tynan, the lawyer defending Kink.com in all four cases, characterized the lawsuits as frivolous and not reflective of the company’s record as an employer. The suits represented by Ribera were already dealt with as workers' compensation claims previously filed, said Tynan. “I think that having one employee sue you every 10 to 15 years is a pretty good batting average."

However, both Tynan and Stabile also expressed regret that Fires and Blue did not feel comfortable coming forward earlier. “We have quite a few cameras in the building,” said Tynan. “We have security in the building, and we would expect that if any model ever felt that they were criminally assaulted,” that Kink.com could help. The Armory deletes the footage from its indoor and outdoor cameras after seven days, unless the company is “notified of an issue” or receives a police request.

In the next few days, Kink.com plans on releasing new shooting guidelines as well as an update to its Model Bill of Rights, “establishing clearer, and perhaps anonymous, ways for performers to report incidents,” said Stabile.

He told BuzzFeed News that LaBeau did not use her safe word on the set where Deen was ejected. “Maybe because she was too scared, or she was stunned. That’s when we rely on the director or the crew to call the safe word for them.” Derek Pierce, an actor and director, told Vocativ that he asked Deen to leave the scene after he saw LaBeau mouth the words “Help me.”

“When you’re dealing with BDSM, you’re dealing with physical contact, pain, and violence and it can be difficult in the moment to say where does consensual activity turn into cruelty,” said Stabile. “One thing we talk about it all the time is how does commerce affect consent.”

Typically on a BDSM porn shoot, in addition to a safe word, models will fill out a checklist indicating which sex acts they’re comfortable with, sometimes referred to as a “no” list. Kink.com also conducts on-camera interviews after a shoot where performers can talk about the experience. There’s a financial incentive for exit interviews as well since credit card processors have restrictive rules for online porn, including concerns about consent.

Inside The Porn Industry's Reckoning Over Sexual Assault

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Chris Hondros / Getty Images

Plush Talent, a New York City-based agency representing adult film stars, recently started giving new clients a welcome guide to the porn industry. Along with tips on social media (“Twitter is a must have for every porn star, period.”) and taking photos for producers (“Don’t use filters”) the guide has a section on “Reputation.” It begins: “The adult industry is a lot smaller than you think and everyone talks, especially if they run into a problem with someone. What I tell the girls is, they are to act like robots …. Little adorable performer robots.”

Telling women to be well-behaved may sound repressive, said Kelli Roberts, the 19-year industry veteran who wrote it, but her intention was to warn female performers to let their agents handle on-set issues. The guide even suggests that if an issue arises, they pretend to go to the bathroom to make the call.

Roberts, who serves as kind of den mother/advocate for young women in the industry, said on-set issues tend toward “jackass producers who try and change what they agreed to at the last minute,” like one director who booked a model for a blow job scene then asked her to perform in rape fantasy once she was on location, or adding new partners to a scene last minute.

Her advice is a reminder that on-set “issues” in the porn business are common enough that models literally need a guidebook to help navigate them, and that there’s a wide gulf between what happens on paper and what happens on set.

That ambiguity extends far beyond respecting agreements about what people are willing to do on camera. In interviews with dozens of performers, producers, directors, and agents, BuzzFeed News found that not only are avenues for reporting sexual assault on a porn set unclear — it’s even a point of contention whether such assaults are common. Many described the industry as a close-knit community that bands together to drive out bad actors, where assault is rare and consequences for it unforgiving.

Many also argued such an environment leaves performers, especially those new to the industry, vulnerable to abuse, with little formal recourse if something goes wrong. And the events of recent weeks have shone a harsh spotlight on the industry and one of porn’s few household names, who has been accused of — and vehemently denied — sexual assault against co-stars and fellow performers dating back years.

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Fabrizio Bensch / Reuters

Since late November, nine women have claimed that James Deen sexually assaulted them, quickly elevating the issue from the insular porn community to the national stage.

Two of the allegations were related to incidents said to have occurred in his personal life, but the others allegedly took place in a professional context, at a shoot or in a porn studioduring and after a scene. None of Deen’s accusers formally reported the alleged assaults at the time; in the instances where the women did speak up in the moment, neither the studio nor the director investigated further.

The lack of reporting is a red flag, many believe. “The question I think our industry has to ask ourselves is why did the women feel that they wouldn’t be heard or why didn’t they feel safe coming forward?” Diane Duke, CEO of the Free Speech Coalition, a trade association for adult film producers, told BuzzFeed News. “The avenues are there,” she continued. “Why don’t people feel comfortable using them?”

In contrast, the industry’s response to the women going public — long after the fact and without the involvement of authorities — has been unequivocal. “He’s the biggest performer in the industry,” said Eric John, a longtime actor and producer. “And they blacklisted him.”

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Fabrizio Bensch / Reuters

Mark Spiegler, a prominent adult film talent manager dubbed the “Ari Emanuel of porn” by The Hollywood Reporter, explained how agents and other non-performers (such as directors and studio owners) help protect actors from sexual predators and sexual exploitation.

Spiegler tells his clients, many of whom do hardcore and BDSM work, to contact the agency if they are asked to do anything on set not agreed upon beforehand. “I tell ‘em, if anything changes, call us,” he said. “We’re there to help you, and also we’re there to look out for you.”

While Spiegler has never had an incident where a performer required a trip to hospital or the involvement of police, there have been times when performers get bruised or visibly injured, despite a prior agreement that they wouldn’t be marked in any way.

“They try to adhere to the girls’ limits, but sometimes you might get a little mark and they can’t work the next day, because the director doesn’t want to shoot them,” Spiegler said. If a flogging scene, for example, leaves a girl marked and she loses work, the studio may compensate the performer upwards of a few hundred dollars for the loss, according to Spiegler.

Kink, a high-profile BDSM studio, confirmed it has paid compensation in the “rare instance” where a performer has lost work.

Occasionally, the industry’s attitude toward consent mirrors the mainstream reaction to intimate partner violence or sexual assault. Even advocates for performers sometimes place the burden on women to speak up in the moment.

“Unfortunately what a lot of girls do in the biz — a scene will get a bit too aggressive — instead of them vocalizing on the set, the girls keep their mouth shut, then they call the agent afterwards and I’m like, ‘Well did you ever use the safe word?’” said Shy Love, a performer and founder of the talent agency The VIP Connect.

“Then I have to curse out the director,” Love told BuzzFeed News, “but at the same time you have to yell at the girl. She had the opportunity to give the safe word.”

Young women who enter the industry are coming “into a different lifestyle,” said Love, and that can discourage speaking up. “They see a lot of money and they think if they say something, they’ll lose that money. In their head, they believe that.”

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Mario Anzuoni / Reuters

Bad behavior can begin well before a model steps on set. In the past few weeks, Roberts said three actresses had called her to complain about a director for a major porn studio who is running a Los Angeles “model house” — the term for shared living quarters where performers stay while traveling for work — where “you have to sleep with the guy who runs it.”

Roberts mentioned the predatory director on an industry forum and was immediately threatened. In the online discussion about improving safeguards she was told to “shut the fuck up.” Later she received a message warning that someone was passing around her real name and address. “I’ve been in this business 19 years, [so] that doesn’t affect me as much, but I do think about the 18- or 19-year-old girls,” she said.

“Our industry loves to say we empower females,” said Roberts, “and then behind the scenes we have to keep them in line.”

Still, Roberts said assault was very rare. “In terms of society, we’re off the charts low.” In nearly two decades, she had only heard of three rapes. In one of those cases, Roberts said she made the mistake of telling the actress to go to the police rather than the hospital. Although the women was “brutally beaten, her face was bloody,” Roberts claims the officer listening to her report just stared at the victim’s breasts. A report was filed, but “she just kind of got laughed out of there.” Roberts declined to share the woman’s name because she quit the industry after this incident.

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Tobias Schwarz / Reuters

The porn industry is in flux. The internet has had a staggering impact on performers’ earnings and companies’ bottom lines, and fueled demand for what some described as increasingly violent porn.

The industry’s new economics have also led to a consolidation of studios, and in many ways, the business has professionalized. Protocols have been introduced, like model releases in which performers can specify their boundaries, "no" lists where models can name people they don't want to work with, and on-camera exit interviews that formally codify consent. Such standards have been enough, at minimum, to placate the credit card processing companies that require proof of the matter from the studios they do business with.

But porn is still largely self-policed. Regulatory oversight is limited to narrow, sometimes legalistic details such as verifying a performer’s age or keeping proper records. Studios were nearly unanimous in fighting mandatory condom regulations, arguing that anti-porn advocates were behind the supposed health campaign. The years of federal obscenity prosecutions may be over, but the business is still resistant to outside efforts to reform its practices, arguing that government agencies are biased against porn.

Recent investigations into rape in the military, agricultural work, and night-shift janitorial work have demonstrated that sexual assaults in work environments are rarely reported. Across the country, an estimated 68% of sexual assault goes unreported.

Porn performers face added roadblocks. The small size of the community can hurt assault victims as much as it helps, with added pressure not to alienate a studio, director, or actor. If the community acknowledges the claim, however, the power dynamic can flip and alleged predators are sometimes shunned immediately, as was the case with Deen.

Claims seldom make it to the authorities, who have historically stigmatized sex workers. Actors told BuzzFeed News they are especially reluctant to come forward if it means facing the false notion that porn performers are “unrapeable.”

Self-policing means that standards vary. Models may have "no" lists with the names of performers they don't want to work with. Some studios, like Kink.com, have security guards present during the filming. Others rely on the production staff or talent department. Exit interviews also depend on the studio. Kink asks for feedback from performers on camera and off camera; others have a more informal approach. In a producer’s mind, those interviews are a safe space to air grievances.

Steven Hirsch, the founder of Vivid Entertainment, emphasized the distinction between “traditional” adult film studios and some of the more extreme, BDSM production houses. Eric John, who works almost exclusively works on “traditional” shoots, said that Kink shoots are simply “higher stakes” — a lot more can go wrong when chains and whips are involved. “The likelihood of a limit being pushed on a normal boy/girl shoot is so much less.”

Dee Severe, founder of the fetish production company Severe Sex, sees things differently. She was appalled by the stories she heard voiced in the wake of Deen allegations, but said the type of pornography was not the problem. “All anyone on our set has to do is say ‘hold,’” said Severe. “It would make me horrified to think that someone was having a bad time.” Her studio produces instructional DVDs where consent is a central theme. “It’s kind of an easy answer to blame the BDSM community,” she said.

Both Severe and John, however, stressed that shoots were “a very structured environment,” as he put it. “I have never been on a set where someone said a specific thing and the person did a thing anyway. It wouldn’t happen.” According to John, what’s more common are “self-corrections” like “That’s too rough," or "That’s the wrong angle.”

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Michaela Rehle / Reuters

Studios and directors are quick to bring up the model releases and exit interviews as proof of the industry’s progressiveness. However, those safeguards were initially designed to protect producers, not performers.

Lawrence G. Walters, a First Amendment lawyer and longtime counsel for adult film studios, said release forms were created 20 years go to help clients comply with the law. There has been “substantial litigation” around the forms, he said, but most cases were about enforceability — where a model argued she was intoxicated when she signed the document or that English was not her first language — or privacy and publicity rights.

In a similar vein, on-camera exit interviews became more prevalent during “the reality porn phenomenon” in the late '90s, said Walters. He pointed to a series called Bang Bus, shot by a large production company called BangBros. The films showed “a bus going around to pick up neighborhood girls,” said Walters, and “the public believed it hook, line, and sinker, and thought these things were really happening.”

It was around that time that companies became “motivated to make sure that they retained evidence” that the shoots were staged and the performers consenting. The exit interviews, he said, had “the side effect of protecting performers who had an issue or concern.”

But Roberts was dubious about a performer’s ability to speak freely during an exit interview, even when they’re not on camera. “If some guy sat in front of you with a paycheck,” she said, “how honest do you think that off-camera interview is?”

In addition to the release, federal regulations state that models have to fill out a 2257 form, which requires producers of sexually explicit material to get proof of age. Kink.com’s version of the form (embedded below) also requires models to sign a number of wide-ranging waivers, including releasing the producer and his employer from sexual harassment claims and “injuries (both physical and emotional).”

The nature of the porn industry influences what types of legal claims can be made, attorney Sonia L. Smallets told BuzzFeed. Smallets is representing the plaintiff in a harassment and wrongful termination lawsuit against Kink.com. “There’s no legit reason for your co-worker to be naked if you’re working in a bank,” she explained, but just because the bar may be higher in porn, “it doesn’t mean than an entire industry gets a free pass.”

Harassment issues are more “difficult to sort out,” in sex work, said Smallets, “but a sexual assault is, by definition, an act done without your consent. Nobody consents to being sexually assaulted.”

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Michaela Rehle / Reuters

Mark Zuckerberg Keeps Pissing Off His Neighbors

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David Ramos / Getty Images

Neighbors near Mark Zuckerberg's $10 million San Francisco pied-à-terre say the billionaire's security detail is parking illegally, and have circulated a letter — obtained by BuzzFeed News — urging residents to report the vehicles to the local parking authority.

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Nitasha Tiku

The letter was distributed this weekend to some residents of Liberty Hill, a neighborhood adjacent to Dolores Park. It claims that Zuckerberg's security team has two silver SUVs "permanently" and "illegally" occupying "desirable parking spots" in the area. It urges neighbors to complain to the San Francisco Municipal Transportation Agency (SFMTA) and to contact Tim Wenzel, Zuckerberg's "residential security manager." The letter provides Wenzel's corporate email address with Facebook as well as a mobile number.

A spokesperson for Zuckerberg told BuzzFeed News: "The security team’s cars are parked in accordance with local parking laws. The team strives to be sensitive to neighbors’ concerns and regrets any inconvenience."

The note (embedded above and reprinted in full below) begins by describing the burden of living near a billionaire, and referencing the project's years-long construction process. (San Francisco city records show 16 building permits for alterations to the property since the deed changed hands in 2012).

"I’m sure you all agree that it can be cumbersome living next to Zuck. I think we’ve all tried to be as patient and civil as possible during the very long construction, the noise, the trash, the blocking of streets, etc. Now that all that circus is done, we are left with 2 silver SUV’s permanently occupying desirable parking spots. It goes without saying that living close to Dolores Park and the awesome neighboring districts already creates a challenge when it comes to street parking, so the 2 spots that are illegally being held for Zuck only makes matters worse."

The author or authors of the letter claim to have spoken with Zuckerberg's security guards. The guards allegedly admitted that the SUVs were parked illegally — and pointed out that parking illegally doesn't necessarily offer Zuckerberg better security.

"We’ve spoken to the security guards and they were cordial but ultimately have been instructed by their supervisors to not move the cars under any circumstances. They acknowledge that they are occupying the space with no turnover and illegally. ... One of the guards mentioned that she agreed that even from a security standpoint, where the cars are parked don’t give the best vantage points and that she thinks they should be driving around and having a guard posted on both sides of [the street]. All and all, none of this makes any sense."


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Nitasha Tiku / BuzzFeed


This wouldn't be the first scuffle between Zuckerberg and his neighbors. In 2014, locals complained to the press that the billionaire was tearing up the neighborhood with renovation construction and paying people to sit in parked cars overnight in order to save the spots for construction vehicles. Then, last summer, the local blog Capp Street Crap reported that Zuckerberg's security detail filed a temporary restraining order against a 62-year-old local man, allegedly leaving him homeless, although the exact version of those events are in dispute.

The letter argues that Zuckerberg's security guards could park in or in front of his driveway without incident, and argues that by refusing to do so, Zuckerberg's detail has caused a chain reaction of illegal parking.

A source familiar with Zuckerberg's security detail told BuzzFeed News that the two SUVs were parked on separate blocks in accordance with local parking requirements. The source claimed that parking in Zuckerberg's driveway would violate parking rules because the car would block the sidewalk.

During a visit to Zuckerberg's home earlier this week, two security guards were taking up two parking spots with their sliver SUVs. The guards, both pleasant middle-aged men, directed all inquires to Wenzel. One was using his foot to measure the length of his SUV to see if it would fit in a garage, he said. The other guard said that Zuckerberg's security team was aware of the complaints and "very attuned to the needs of the neighbors."

BuzzFeed News has reached out to Wenzel and the SFMTA about the neighborhood note but did not receive a response from either. In the meantime, the letter's author has taken to Twitter, Facebook, and Nextdoor, a private social networking app designed to function like a digital neighborhood watch, in order to "raise visibility to this issue."

"We’ve already spoken to both guards currently on duty, they spoke to their offsite supervisor and I’ve also called [sic] left a message Tim Wenzel (he has yet to call back), the “Residential Security Manager” for Zuck’s ... home. We’ve also taken pictures of both cars and posted it on SFMTA’s twitter page, along with the local news stations Twitter accounts, our personal facebook accounts and have also created an account and shared this on Nextdoor."

BuzzFeed received this screenshot of a conversation that allegedly took place on Nextdoor on Jan. 10 where at least one neighbor expressed a warmer sentiment toward Zuckerberg's security detail. A representative for Nextdoor told BuzzFeed that the social network could not verify the authenticity of the conversation because Nextdoor “does not monitor any of the content” and cannot make an inquiry “without a member’s consent.” Multiple requests to contact the poster were not returned.

In the screenshot, the resident says both he and his dog consider the billionaire an excellent addition to the neighborhood. "I think having the guards is a gigantic plus. I think having Zuck as a neighbor is a gigantic plus. The guards are a plus. My dog Oscar Wild thinks they are great."

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Nitasha Tiku / BuzzFeed


Here is the full text of the letter:

Hi Neighbors,

I’m sure you all agree that it can be cumbersome living next to Zuck. I think we’ve all tried to be as patient and civil as possible during the very long construction, the noise, the trash, the blocking of streets, etc. Now that all that circus is done, we are left with 2 silver SUV’s permanently occupying desirable parking spots. It goes without saying that living close to Dolores Park and the awesome neighboring districts already creates a challenge when it comes to street parking, so the 2 spots that are illegally being held for Zuck only makes matters worse. We’ve spoken to the security guards and they were cordial but ultimately have been instructed by their supervisors to not move the cars under any circumstances. They acknowledge that they are occupying the space with no turnover and illegally. So, on weekends such as this, I have to park illegally in front of the apartment that I live in full-time and risk the chance of getting an expensive ticket by MTA. Can you all help me raise visibility to this issue? We’ve already spoken to both guards currently on duty, they spoke to their offsite supervisor and I’ve also called [sic] left a message Tim Wenzel (he has yet to call back), the “Residential Security Manager” for Zuck’s ... home. We’ve also taken pictures of both cars and posted it on SFMTA’s twitter page, along with the local news stations Twitter accounts, our personal facebook accounts and have also created an account and shared this on Nextdoor.

I want to add that Zuck’s guards could park in his driveway or in front of his driveway with no issue but refuse to do so as that is not what they are instructed to do. One of the guards mentioned that she agreed that even from a security standpoint, where the cars are parked don’t give the best vantage points and that she thinks they should be driving around and having a guard posted on both sides of [the street]. All and all, none of this makes any sense. SFMTA requires ALL cars to be moved after 72 hours’ time, and in all residential areas, if cars don’t have parking permits (which currently the guards do not have) and they need to be moved every 2 hours (M-F) within the listed time. When they do move the car is [sic] has to be at least a block away, ensuring turnover. Clearly, none of this is happening.

And, although I do feel bad for the guards when it gets cold or hot, they tend to leave their car engines on day and night which is wasteful and horrible for the environment not to mention noisy in an otherwise quiet neighborhood.

Please report this issue to SFMTA by calling 415-553-1200 (Press 1 for English) (Press option 6 for illegal parking) or tweeting them @SFMTA_MUNI

Also, please contact:
Tim Wenzel (Residential Security Manager)
mobile- [REDACTED]
email: tjwenzel@fb.com

I think if enough people contact them a permanent solution will surely follow. Thank you in advance for any help.

Your neighbors in [REDACTED]












San Francisco's Sexiest Snack

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San Franciscans may have noticed a familiar pastry face cropping up in advertisements for UberEATs, the transportation behemoth’s first foray into food delivery. Above the intoxicating slogan — “From Tap to Table in 10 minutes” — is the image of what appears to be a muffin with an egg inside of it. But locals will tell you that muffin has a name and, what’s more, that muffin is kind of a scone.

They call her The Rebel Within.

For $7.25, you’ll find her at Craftsman & Wolves, a chain of tony pastry shops with outposts on Valencia Street, Russian Hill, and Ferry Plaza Farmer’s Market. Those who can afford a premium, order her on-demand from apps like UberEATS, Caviar, or Postmates for a mere $2 - $7 additional delivery fee.

How does the city’s most Instagrammable carb body stay true to her mutinous roots? What does having it all mean for a baked good? BuzzFeed News caught up with Rebel at the Craftsman’s Valencia Street location to find out.

“Don't come at me with your faux populist bullshit,” the pastry said, kicking off our conversation on a salty note. “I am worth every fucking penny. Just look at me,” she purred, slowly gliding her hands down her thick, buttery, sausage-flecked exterior.

Reader, I looked.

Mostly because there is no Wifi at Craftsman & Wolves so there was nothing else to do. Despite the shop’s tech-heavy crowd of venture capitalists and startup founders, Craftsman & Wolves eschews contemporary amenities — forcing the architects of our mobile future to sit down and truly contemplate who is the craftsman and where is he hiding his wolves.

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Via craftsman-wolves.com

“A-listers don’t need to name drop,” Rebel said, swiveling around to make sure no one was listening and then ticking off a litany of the bold-faced names that had consumed her. Bakery ingenues come and go, but Rebel considers herself more of a contemporary classic, effortlessly exuding an ageless decadence. Other “it” breads have suffered from public backlash. When I brought up The Mill’s $4 toast, Rebel’s craggy scone face went still. She fidgeted with the dainty vial of Tabasco-flavored salt that often accompanies her. “Let’s move on, shall we?” she whispered, brushing imaginary crumbs off her no legs.

Craftsman’s Valencia Street location is nestled in the apex of gentrification in the Mission, one door up from Dandelion Chocolate, the small-batch chocolatier, and two doors from Mission Cheese, which exclusively traffics in domestic cheese, and just down the block from Betabrand, the venture-capital backed clothing company responsible for the Bay Area’s bastardized take on athleisure.

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Via Nitasha Tiku / BuzzFeed News


Finally, I just had to ask. How does Rebel maintain that dense, carb-heavy figure? The kind of density you wake up craving. The kind of density that makes grown men and women groan because they are still digesting what is really a very filling breakfast treat. Rebel got up, picked up her Céline Trapeze bag, put on her Karen Walker sunnies, pivoted towards the door, and uttered two words: “Truffle fries.”

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Via Nitasha Tiku / BuzzFeed News


Brutal Letter To Facebook Shows Indian Regulators Are Fed Up

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Justin Sullivan / Getty Images

Facebook is embroiled in a highly charged debate over net neutrality in India because of Free Basics, a controversial program that the social network claims will bring digital connectivity to the developing world — but which critics say might hurt more than it helps. Free Basics is a partnership between Facebook and telecom providers that offers people free Internet access, but only to a limited number of websites and with traffic routed through Facebook's servers.

Indian regulators temporarily banned Free Basics just before Christmas, asking Reliance Communications (the only carrier in India offering Free Basics) to halt support while the Telecom Regulatory Authority of India (TRAI) determined whether telecoms should be allowed to offer differential pricing for different types of content. And based on a scorching missive sent this week from TRAI to Facebook, the regulatory body's patience appears to be running out.

In a letter released Monday, TRAI said that it is concerned about Facebook's "self-appointed spokesmanship" on behalf of millions of Indians. TRAI's frustration is largely with Facebook’s automated lobbying campaign in support of Free Basics, which urged users to send a form-letter-style response to TRAI, and which the regulatory authority' said "has the flavor of reducing this meaningful consultative exercise" into "a crudely majoritarian and orchestrated opinion poll.”

In Monday's letter, TRAI called Facebook's actions "dangerous":

"(9) TRAI fully subscribes to this view when engaging in public consultations. However your urging has the flavor of reducing this meaningful consultative exercise designed to produce informed decisions in a transparent manner into a crudely majoritarian and orchestrated opinion poll.

(10) Neither the spirit nor the letter of a consultative process warrants such an interpretation which, if accepted, has dangerous ramifications for policy-making in India."

TRAI also said that Facebook impeded the agency's ability to get valuable "input from industry members and stakeholders." Public consultations, TRAI said, are designed to "help regulators to make informed decisions" and "foster a transparent regulatory environment.”

The automated campaign is a perfect example of the kind of clicktivism that has come to dominate digital activism (i.e. "click here to send a message . . .") The problem, as TRAI has pointed out repeatedly, is that the agency has not asked for people's opinions in support of or opposition to Free Basics. Rather, the questions it released on December 9 sought to establish whether or not mobile plans charging different rates for certain apps and forms of data should be blocked or regulated, and if differential pricing plans should be allowed in the marketplace. Another question invited the public to propose alternative schemes that might increase internet access without placing restrictions on content.

"It is crucial to underline that your continued assertion that the initial template responses sent by users through Facebook in support of ‘digital equality’ and ‘Free Basics,’ are appropriate responses to the consultation paper, is wholly misplaced," the letter says.

This is hardly the first time TRAI has tried to shake some straight talk out of Facebook. On January 12, TRAI released to the public three recent letters between the social network and the regulatory authority. In an accompanying press release at the time, TRAI secretary Sudhir Gupta said the correspondence was being released in part because "there was no clarity on whether Facebook has conveyed TRAI’s message to their users," despite repeated requests.

This week's letter is addressed to Ankhi Das, Facebook's director of public policy in India. Facebook sent the following statement about the letter to BuzzFeed News:

In response to TRAI's consultation paper, Facebook enabled 11.7 million citizens to file comments in support of the Free Basics program, asking TRAI to allow the program under any rules adopted. TRAI requested that we reach out to these Free Basics supporters to ask them to also answer the specific questions raised by the consultative paper. We are not aware of a similar request having been made to any of the other commenters who did not answer these specific questions. Nevertheless, we attempted to cooperate with their request. While we did not include all of the specific language drafted by TRAI, we did deliver a request for additional information and included in the draft email the exact language from the four specific questions posed in the consultation paper. More than 1.4 million Indians responded by submitting revised comments that addressed these questions.

Vishal Misra — a Columbia University professor and expert on net neutrality who testified about net neutrality last year before India's Parliament — described TRAI's letter as a "devastating" blow to Facebook. He told BuzzFeed News that Facebook also testified. "Right before the parliamentary testimony Ankhi Das of Facebook introduced herself to everyone (including me) as 'we are a startup.' Maybe the gross incompetence shown here proves her statement," he said.


India Just Banned Facebook's Controversial Free Internet Plan

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Manjunath Kiran / AFP / Getty Images

The Telecom Regulatory Authority of India (TRAI) has released their long-anticipated ruling on net neutrality in India. The regulators have ruled against differential and discriminatory pricing of mobile data on the basis of content.

This ruling will affect Free Basics — Facebook’s controversial plan to offer free, but limited Internet access — in India. Mark Zuckerberg has been campaigning to bring increased digital connectivity to the developing world. Free Basics, which claims to have 15 million users in more than 35 countries around the globe, is part of Facebook’s quasi-philanthropic efforts. India is the second largest market for Facebook users after the United States and considered vital to its continued growth.

Today’s much-anticipated ruling by the Telecom Regulatory Authority of India (TRAI) was not about Free Basics per se. Rather, regulators were reviewing pricing schemes like “zero-rating,” where mobile operators offer access to some websites and services for free, while charging for others. Advocates for digital equality argue that zero-rating gives an unfair advantage to subsidized content, distorts the market for smaller players, and squashes innovation. Supporters of Free Basics, on the other hand, counter that urban elites who already have Internet access should not deny access to the poor, even if more equitable methods exist.

According to the Press Trust of India, TRAI will charge a penalty fee of ₹50,000 a day, and capped at ₹50 lakhs for any discriminatory tariffs charged by service providers. TRAI's decision will be reviewed after two years from the date of issue of the order, February 8, 2016. Service providers have been granted six months to comply with the new rules.

Free Basics was temporarily banned in December until TRAI made its decision. TRAI was supposed to rule last week and rumors have been swirling about the reason for the delay.

In India cheap cellphones have helped make mobile usage common, but only about 20 percent of the population is online. Low Internet penetration is blamed, in part, on prohibitive data charges, which is why prepaid data plans (where consumers know what they're getting into) are ubiquitous. Meanwhile, the country’s telecom market is highly competitive. As a result, telecom providers started offering data packs that promise free or reduced charges to widely popular services like WhatsApp or Facebook long before Free Basics launched in India.

Facebook does not pay for Free Basics, although it does collect data from users. The social network partners with regional telecom operators, who offer the free service as a growth strategy to get customers to start paying for data. In India, Free Basics partnered with Reliance Communications, a telco founded by Mukesh Ambani, the richest man in India.

Hours after the decision, Zuckerberg expressed his disappointment in a Facebook post, vowing not to "give up on" connecting India because "more than a billion people in India don't have access to the internet," he claimed. "While we're disappointed with today's decision," he wrote, "I want to personally communicate that we are committed to keep working to break down barriers to connectivity in India and around the world."

Free Basics was ostensibly targeted at Indians who had never experienced the Internet or could not pay for data plans. However, Facebook recently struggled to provide a reporter with the name of a single Free Basics user in India who had never been online before. Free Basics allows users free access to limited resources including Wikipedia, Bing search, and the weather, as well as a lightweight version of Facebook. Yet normal data charges apply for outside websites, like Google search results, for example.

Facebook's promotion of Free Basics has been orchestrated like a political campaign. In December, Zuckerberg published an op-ed in the Times of India defending Free Basics. In it, he repeated Facebook’s claim that half of the people who go online through Free Basics end up paying for access to “the full Internet” within 30 days, but offered no further details about the study. “Who could possibly be against this?” Zuckerberg asked. “Surprisingly, over the last year there’s been a big debate about this in India.” Other countries have prohibited Free Basics. It is not offered in Chile, for example, because the government banned zero-rating in 2014.

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Danish Siddiqui / Reuters

TRAI's ruling (embedded below) says the case-by-case approach used in the United States and European Union “may seem reasonable,” however it comes with “substantial costs,” such as failure to provide certainty, the high cost of regulation, as well as an unfair advantage to "well-financed actors" that will "tilt the playing field."

Here are some highlights from TRAI's ruling:

"A suitable regulatory framework for India, therefore, must necessarily be based on our country-specific factors, the need to equitably increase internet usage and penetration, foster competition, allow start-ups to flourish and uphold the law of the land [...]

... [The] Authority has concluded that a clear rule should be formulated—the practice of offering or charging discriminatory tariffs for data services based on content, is to be prohibited. Therefore, [telecom service providers] are prohibited from offering different tariffs based on the content, service, application or other data that a user is accessing or transmitting on the internet. Tariff for data services cannot vary on the basis of the website/application/platform/or type of content being accessed. For example, a consumer cannot be charged differently based on whether she is browsing social media site A or B, or on whether she is watching streaming videos or shopping on the internet."

The ruling also explained that in order to "strike a balance and in view of the need to bring more users on the internet," the prohibition will not apply to "providing limited free data that enables a user to access the entire internet."

Public outcry over zero-rating did not begin with Facebook. Last spring, Indian consumers protested Airtel Zero, a data plan that would have given preferential treatment to popular services like Flipkart, one of the country’s largest e-commerce providers. Free Basics eventually supplanted Airtel as the focal point for opponents, in part because Facebook framed Free Basics as a purely altruistic gesture for India’s poor. Indian startup entrepreneurs and professors alike objected to the business model. Facebook countered with an aggressive advertising onslaught of billboards and full-page newspaper ads, but its tone-deaf crusade was brutally spoofed on Reddit.

No one wants to cut off access to the disenfranchised and the vitriol flowed both ways. Net neutrality advocates were accused of being "internet mullahs" who denied access to the poor over their inflexible beliefs.

As an independent government authority, TRAI opted to exercise its power and stepped in to the debate. Helani Galpaya, the CEO of the think tank LIRNEasia, described TRAI as a “thoughtful regulator” during an interview with BuzzFeed News in January. The agency's initial request for feedback emphasized that the "laudable goal" of connecting the unconnected "must not be forgotten.” One of the questions TRAI asked was whether alternative business models, such as offering free data limited by time or volume, rather than content, could offer a less discriminatory alternative.

TRAI has repeatedly called out Facebook for intruding on its regulatory process, which the agency said could have “dangerous ramifications for policy-making in India.” The tension centered around Facebook’s click-to-protest campaign which deluged TRAI with 11.7 million automated comments, when none of the questions asked about Free Basics.

Facebook has updated Free Basics to better serve its intended users before, when prodded. The zero-rated offering was initially called Internet.org — the umbrella organization for its other efforts to bring connectivity to the developing world. Facebook changed the misleading name, made the platform more easily accessible to outside websites and services, and added more security protections for users in response to criticism from net neutrality activists.

Given that Facebook’s future is dependent on growth from emerging markets, India’s debate over Free Basics is far from over. Last week while awaiting TRAI’s decision, Mishi Choudhary, legal director at Software Freedom Law Center, told BuzzFeed News that other areas of the globe including Kenya, Latin America, and Southeast Asia were eagerly anticipating the regulator’s response. “That’s where the moolah is and that’s where the next billion users are,” she said.


BuzzFeed News will update this story with more information as we receive it.


Can 1,000 College Students Do Better Than Elon Musk?

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Texas A&M University / Via Flickr: tamuengineering

In the summer of 2013, billionaire Elon Musk posted a 58-page “alpha paper” introducing a futuristic “fifth mode of transportation” beyond planes, train, cars, or boats, which he called Hyperloop. The system would whisk passengers from Los Angeles to San Francisco in 35 minutes using magnetically levitating pods that traveled at high subsonic velocity in a steel tube. It was the engineering equivalent of rough draft, but the CEO of SpaceX and Tesla was too busy to build it himself. The whole point of publishing the document, he explained, was to open source Hyperloop, solicit suggestions, and “correct any mistakes.”

Legends do not typically start with a smart dude giving away a half-cooked idea for free on his company blog. Now, however, much like Musk’s other gambits, Hyperloop seems to be hovering (sorta) close to (the outskirts of) the realm of possibility.

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Nitasha Tiku / BuzzFeed News

Late last month, it got even realer, as U.S. Secretary of Transportation Anthony Foxx gave the concept his blessing during the SpaceX Hyperloop Pod Competition, a two-day event hosted at Texas A&M University during the last weekend in January. A pod contest probably conjures images of Jetsons-esque vessels slapped together using space age polymers and Scotch tape. In practice, it was more like a highbrow science fair that doubled as a recruiting event for all things Elon. (When you’ve made yourself synonymous with colonizing Mars, you only need one name.)

The competition was organized by SpaceX and geared toward university students and independent engineers. The assignment was to submit detailed technical proposals for a pod that could withstand the 700 mile per hour trip. The weekend’s lucky winners were invited to build and race their designs this summer on a one-mile test track being built at SpaceX’s headquarters in Hawthorne, California. More than 120 teams participated, comprised mostly of undergraduate and graduate students in their late teens and early twenties from more than 100 universities around the world. A couple of high schools competed, as did a team assembled on Reddit that live-streamed their journey on Periscope, Twitter’s real-time video app.

The first thing contestants saw outside the stadium was a red canopy with the Tesla logo next to a Model X, the company’s newest electric vehicle. Teams who wanted to advance had to break down the cost of a pod and raise the funds to build it from sponsors or their school. Hence most seemed to come in well-under the Model X’s $80,000 retail price.

The science fair vibe came courtesy of rows of booths with as many poster boards as computer visualizations. Presentations covered topics like propulsion, aerodynamics, and braking. Tables featured props that ranged from Lego-like cranes (for loading pods onto the track) to 3-D printed pods to demonstrate magnetic levitation. The teams set up in the Hall of Champions, a 100-yard football-shaped atrium that ordinarily functioned as a “virtual museum” (i.e., a big room with lots of screens) celebrating the school’s athletic prowess. At the SpaceX table, located smack dab at the entrance, employees milled about in “Occupy Mars” hoodies and tees.

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Nitasha Tiku / BuzzFeed News

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Nitasha Tiku / BuzzFeed News

It was a tight squeeze for Foxx’s security detail, but he and the attendant camera crews toured the floor talking to the kids before taking the stage Friday evening. In front of a crowd of 1,000 engineering students, Foxx called Hyperloop the kind of breakthrough project that our ailing infrastructure system desperately needs, if not for the tubes, then at least for the tubespo. According to a Department of Transportation study, by 2045 there will be 70 million more Americans and a 45% increase in freight demand, so the federal government should consider backing big ideas that make young people want to fix our D+ transit system, he argued. “When Kennedy announced that we were going to the moon, that pushed American innovation a long way and I think you have the potential for a similar moonshot, if you will, here,” Foxx said.

Foxx wasn’t the only adult onstage that weekend who ascribed historical significance to the event. Dr. Gregory Chamitoff, a former NASA astronaut, compared it to watching the Apollo 11 landing. Professors told students that they could say they were here when it all began.

Turning a concept that looked, at first, like a nootropics fever dream into a Kennedyesque rallying cry to get the world’s best and brightest to care about congested roads is quite a coup. It’s also a trick that Musk has tried before. He revived '90s-era interest in electric cars (in the name of clean energy). He hit refresh on our 1950s fantasy of outer space (in the name of saving the human race). Rebooting American dreams left for dead seems to be his sweet spot. And Foxx’s imprimatur made it sound like Musk might be able pull it off again, this time with a sexless task-like infrastructure.

Whether you believe Musk’s messianic ambitions or call it personal branding for billionaires, there’s an incredible efficiency to his methods. He managed to associate SpaceX with Mars when the company was still struggling just to make cheaper commercial rockets. As the weekend progressed, it became clear that Musk doesn’t need to figure out a viable design for Hyperloop or watch a single pod bloom to reap the benefits.

All around him, motivated engineers were swapping ideas and dropping their resume at the SpaceX booth. No matter what, Elon wins.

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Texas A&M University / Via Flickr: tamuengineering

For many contestants, Hyperloop weekend represented a modern alternative to Formula SAE, a popular international competition where students develop race cars for a fictional manufacturing company. Formula SAE has traditionally been “a great feeder system” for Musk, said Brogan BamBrogan, an early SpaceX engineer who launched his own commercial Hyperloop company. He said the track at SpaceX HQ was set up “with the specific intention of building a student interest competition around it.” For the students who made it College Park, the choice was a no-brainer.

“It’s a pretty easy sell: ‘Hey, who wants to make something levitate and propel itself down a giant tube?” Paul Orozco, a 23-year-old student from Florida, told BuzzFeed News. If that didn’t work, he said, “you could go on about how you’re creating a fifth mode of transportation in a totally different way...”

There were 80 judges for the event, including engineers from SpaceX and Tesla as well as faculty members from different universities, in order to vet the technically rigorous proposals. Orozco was joined by his alumni adviser Capt. Curt Taras, an Air Force veteran and civil engineer. Orozco said he was “pretty giddy” after two judges came by his booth. “He was jumping up and down when Tesla asked for his resume,” Taras confirmed.

In the middle of America and far from the app incubator that is the Bay Area, Hyperloop’s potential seemed less foolhardy and more feasible. After all, these kids probably have a better sense of whether this is doable than your average venture capitalist. They were wide-eyed, but practical, eager to explain impossibilities from Musk’s white paper and fixes they found after months of sleepless nights.

The scale of Hyperloop was a contrast to the modesty of the surrounding city with its one-story strip malls and clusters of housing developments in different shades of beige. All three UberX drivers I hailed knew about the competition. Even the fact one could summon an UberX in College Station in eight minutes or less seemed like a sign that the future was coming — and that it would be owned by technocrats.

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Nitasha Tiku / BuzzFeed News

Some of the college teams had names like GatorLoop team from the University of Florida or the RIT Pod Squad from the Rochester Institute of Technology, but others included students from a cross section of schools, who spent months communicating from afar.

Jordan Kabyemela, a 16-year-old high school student from England, was on the Istanbul Technical University’s team, which also had members from Mexico and South Africa. Kabyemela, self-assured and dry, explained that the team communicates “through this website called Slack.” The group Slack is divided into channels on aerodynamics, analysis, and renders. There was also a general one about movies, where tastes diverged from “people who like Dark Knight Rises to Bratz: The movie.”

Joseph Stanek’s team was made up of students from three community colleges in suburban Illinois. “We didn’t expect it to be this awesome,” said Stanek, who is studying automotive engineering. “It’s just so surreal being down here and competing against MIT and big state universities.”

When I asked Stanek whether he follows Musk's exploits, he pointed me to the silver Tesla pin on the lapel of his sports coat from his part-time job as Tesla product specialist, the company’s term for salespeople, at its retail store in the Oakbrook Mall.

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Nitasha Tiku / BuzzFeed News

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Nitasha Tiku / BuzzFeed News

From almost any vantage point in the Hall of Champions, one could spot members from Open Loop, a 100 or so person team, half of whom were in attendance, all sporting T-shirts with the group’s swirly honeycomb logo. In fact, most of team wore matching gear. Hawaiian shirts for the Panther Pod team from Florida Tech; whereas the team to beat, Delft University of Technology in the Netherlands, wore stiff toothpaste-colored button-downs with the logos of their many sponsors printed on the back. Delft made their very professionalized presence known with huge fin-shaped signage that gave their booth twice the height.

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Nova’s booth, in contrast, was in the same hallway as the concession stand, through a set of double doors and about as far as one could get from the stage. Twenty-two-year-old Cairo University student Samar Abdelfattah was the only representative of her team who could make it because her three teammates couldn’t get visas in time. Abdelfattah, whose headscarf matched her pink sneakers, said she learned about the competition from SpaceX, “mainly because we keep checking the website.”

Both Nova and the Reddit team, called rLoop, won awards that weekend. An rLooper named Eric Matzner was easy to spot because of the smartphone harness over his shoulder, which looked like an exoskeleton and made satisfying crunching sounds when he adjusted it. Matzner, the one live-streaming on Periscope, asked one of the reporters to type quieter during the opening ceremony.

A representative for SpaceX told BuzzFeed News that the competition did not track gender, but that roughly 10 to 15 percent of the team captains were women.

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Hundreds of student proposals, even wickedly innovative ones, does not a “fifth mode of transport” make, but the weight of private funding and big brands buttressed the sense of optimism. There was a Lockheed Martin booth with an F-22 Raptor simulator (no real relation) and a whiz-bang set up from Arx Pax which makes the magnetic field architecture used by some of the teams, and used it to build the Hendo Hoverboard, which actually hovers. In fact, the most evocative rendering of Hyperloop came fromAECOM, the $4 billion corporation building SpaceX’s test track. Visitors who dropped by their booth could watch it through VR headsets.

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Nitasha Tiku / BuzzFeed News

Hours before the judging hall was opened to “the public,” which turned out to mean kids — actual kids, intensely curious ones — and their parents, who braved whatever space was left in the hall and in some cases traveled from Dallas or Austin for a glimpse. Near the Arx Pax area, one dad was trying to explain coefficient friction to his tweens. The 2 p.m. demo for hoverboard was crowded with children. “We put a baby on it before,” one of the demonstrators told a girl in the front row as they waited to get things started. “Whoa I’m 6! I’m 6!” she said, possibly to imply she’d be a much better passenger.

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Nitasha Tiku / BuzzFeed News

The best indicator of the burgeoning economy around Musk’s alpha paper is Hyperloop Technologies, one of two companies trying to commercialize the idea and arguably the farthest along. It was co-founded by Musk’s friend, early Uber investor and Obama bundler Shervin Pishevar, and Musk’s former employer, BamBrogan. Musk has said he will wait and see before backing any one company, which leads to a lot of people wanting to make “super clear” declarations about Musk’s lack of involvement that ending up coming out sort of hazy.

But in an interview with the co-founders and their new CEO, Cisco veteran Rob Lloyd, two themes came up that also put the concept (if not their implementation of it) closer to reality.

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Nitasha Tiku/ BuzzFeeds News

Lloyd repeatedly mentioned Hyperloop as a method of transporting cargo. While armchair industrialists worry about whether Hyperloop passengers will be able to pee, behind the scenes, well-funded folks are working on something your senator might want to stamp through. According to Lloyd, “U.S. regulators would love to see us solve freight and cargo problems” and would “be comfortable if that was the first commercial use cases” — pitched to, say, the same lawmakers who are looking into driverless cars. Once the cargo scenario is proven out, it would bring the company “just a step closer” to using Hyperloop for passengers.

Just like SpaceX was associated with colonizing Mars while its rockets were only traveling as far as the International Space Station, perhaps Hyperloop could symbolize exponential leaps in infrastructure, while the bulk of profits came from hauling cargo.

Hyperloop Technologies has already secured investment from China, Europe, and Russia and interest from regions contemplating high-speed rail projects that might be willing to move quicker, said Lloyd. Those “global” implications got more specific listening to Bambrogan talk about his schedule in the media room. Bambrogan is the archetypal badass engineer and wore red suede high-tops that fit the part. From Texas, he was going to Moscow and then Dubai, “where I’ll be meeting with his excellency Sheikh Mohammed.” There was something about Hyperloop Technologies working with Deutsche Bank and SNCF. “If the Sheikh decides —” he said, just before the conversation got drowned out by a camera crew.

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Tech's Annual Awards Show Was So Self-Aware It Hurt

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Crunchies host Chelsea Peretti.

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The tech industry was on its best dang behavior last night at the Crunchies, an annual awards show hosted by the blog TechCrunch. Better than its best, even. Everyone was humbled; everyone was grateful. Investors told startup CEOs that this award was really for them. Uber was a “human logistics” company. The venture capitalist giving out an award to another venture capitalist pointed out that his national reality show got canceled. “Fuck my life,” he said — VCs: They're just like us! Industry insiders had the script and they mostly stuck to it. Before you could take a jab at them, they jumped right in and slapped themselves.

Who could blame them? Facebook just got smacked down in India, AOL is sifting through Yahoo’s carcass, the business world's passive-aggressive PR machine got real-talked down to size, and that’s not even getting into the stock prices. The tech stories dominating the news this week would chasten even Uber CEO Travis Kalanick, who didn’t show up to get his award for startup of the year. Perhaps that’s the best explanation for the existence of the Crunchies. It’s the kind of safe space you want when you’re only Silicon Valley famous, and leave behind once you're actually famous. Mark Zuckerberg didn’t show up; neither did Snapchat CEO Evan Spiegel or Slack CEO Stewart Butterfield.

This was the Crunchies' ninth year, but the mystery around why profit-driven companies need awards is still unsolved. The show is often referred to as "the Oscars of tech," but it’s so much screwier than that. Imagine handing out a trophy for Best Derivatives Trader or nominating Goldman Sachs’s lucrative securities division for a special shout-out. (Late in the night, a scrappy little bit of software called Facebook Messenger would take home the trophy for Best Mobile App.)

The event took place at the San Francisco War Memorial Opera House. Floodlights led the way to the theater, where the arches lit up in traditional tech-blog green. Outside, a police officer stood guard over a promotional white Prius parked on AstroTurf. Not long before the show began, a luxury Apple shuttle bus pulled up to the Muni stop with an ad for taking photos on an iPhone 6s. San Francisco’s Civic Center Plaza was empty at that hour, except for the occasional jogger and the homeless men and women settling in the outdoor walkways of the municipal buildings for the night.

Instagram: @owenthomas

The evening opened with a tech-themed rendition of “La Donna E Mobile.” (Presumably the “mobile” homonym was too tempting to resist.) The customized ditty had a line about Zenefits, the human resources company whose CEO, Parker Conrad, resigned mere hours before the show began. The company blamed Conrad’s abrupt departure on using unlicensed brokers to sell health insurance in multiple states. Zenefits was also a finalist for last night’s Fastest Rising Startup award. In 2015, Zenefits had been a finalist for Best Health Startup. (Theranos won.)

In fact, this year's Crunchies were perhaps most notable for how far they diverged from last year's. In 2015, the crude comedy stylings of T.J. Miller were so offensive that executives at AOL (which owns TechCrunch) had to issue an apology. This time they tapped Chelsea Peretti (sister of BuzzFeed CEO Jonah Peretti), who walked the tightrope of comeuppance and coddling perfectly. At the start of the monologue, Peretti mentioned that she grew up in the Bay Area. “It’s great to be back,” she told the crowd. “This city looks amazing — I love what you did with the poor people.”

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Steve Jennings / Getty Images

Straight out of the gate, reporter Josh Constine, who was presenting the award for Fastest Rising Startup, pointed out that past winners like Snapchat (2013) and Yik Yak (2015) were both sued “by former friends who wanted a piece of the company,” so the category may as well be called “Hire a Damn Lawyer.” The Crunchies were clearly trying harder than one might expect from the home of Titstare.

And there were women. They were onstage! They were accepting awards! Their headshots showed up among the men's as lists of finalists flashed on the venue's massive screen. In 2015, there was only one female finalist for each of these categories: Founder of the Year, Angel of the Year, VC of the Year, and CEO of the Year. This year, the odds shifted. Three women were up for founder of the year; the angel investor and venture capital categories had two women apiece. (Across all four categories, Cyan Banister was the only woman who won, taking the prize along with her husband, Scott Banister.)

All told, it was reminiscent of another tech trend. Ever since Google showed the world its demographic pie charts, with tiny slivers representing the black employees and female managers, tech companies have cottoned to the idea of transparency as a talisman to ward off criticism. Last summer, reporters were suddenly inundated with press releases about rinky-dink startups offering up an interview with the CEO so that he (it was all he’s) could discuss the breakdown of his 20-person staff. Last night’s Crunchies were the awards-show equivalent of a diversity report: It looks like progress, it sounds like progress, but nothing has really changed. There may have been women of color onstage, but the deal-makers are still über-white.

The gulf between wanting to appear woke and still being asleep was not lost on Peretti. For example, this year TechCrunch added a new category and called it the “Include Diversity” award. “Was that a literal note on your to-do list last year?” she asked. “Did you jot that down and forget to name it? Someone has to put that award on their mantle; give it a little pizazz. It sounds more like a threat than a prize.”

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Matt Haughey / Via techcrunch.com

Whether or not the Crunchies crowd came to the opera hall caring about diversity, speakers like Kimberly Bryant from Black Girls Code, who won that oddly named award, and the four black female engineers who accepted the Fastest Growing Startup award for Slack made excellent use of the platform.

Slack engineer Kiné Camara started with a DJ Khaled reference to the keys of success and gave a nod to Beyoncé about getting into “formation” before ending the 30-second speech with a sort of IRL group shruggie. Bryant used her time to shout out all the other nominees, and to tip her hat to Tristan Walker, CEO of the consumer goods startup Walker and Co., whom Bryant called “the living embodiment of the dream that the work that we all do is pushing forward because what we’re trying to find is the next black Bill Gates.”

Ultimately, TechCrunch’s attempt to erase unconscious bias came off more like hyper-self-conscious atonement. It seemed like there were two different awards shows, one for the good guys and one for the killer instincts. Bryant drove the point home. The work the nominees are doing to “create opportunity” is so that “in a few years there won’t be a need for this award.”

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Steve Jennings / Getty Images

Peretti addressed it more bluntly during her monologue. “I was seriously asked to speak on the issue of diversity in the tech world tonight,” she said. “Uhhh, lemme float out a kooky idea: Hire a nonwhite host?”

Then Peretti changed her tune. “This audience does look really diverse as I’m looking around.” The crowd swiveled their head to scan the seats and see if they had missed something. “I’m starting to be impressed that the Bay Area has become such an inclusive place for both millionaires and billionaires. That’s so beautiful to see.”

Toward the end of the program, Peretti introduced a prerecorded Saturday Night Live ad to “mobilize people” about “an issue that is really tearing me apart right now”: the potential death of Twitter. Various comedians made pleas directly to the camera in a Verified Twitter Lounge encouraging hedge funds, mutual funds, and institutional funds to “please make a generous allocation” of Twitter stock so that actors and comedians can self-promote or “use more urban slang” than they would feel comfortable doing in person. “A small allocation of Twitter shares, even as little as $100 million,” could help.

It was a telling interlude. Hollywood may be mocking Twitter’s descent, but it still cares enough to study its stock fluctuations.

One of the high-profile founders who didn't show up was Elon Musk. “I’m not Elon Musk, but I wish I was,” said the man who came up to accept the award for Best Technology Achievement, which went to the reusable booster of the Falcon 9 spacecraft. It was Steve Jurvetson, a managing partner with the venture capital firm Draper Fisher Jurvetson, who looks sort of like Steve Buscemi as imagined by Norman Rockwell. He was an early believer in Musk and is a board member on Tesla and SpaceX. The reach of Musk’s ambitions and accomplishments extend so far that Jurvetson kept referencing science fiction; as he said, the booster lands “the way we expected like in comic books — you know, with rocket engines on other worlds.”

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Steve Jennings / Getty Images

While the investor was lost in a reverie about Musk, Bastian Lehmann, the CEO of Postmates, who'd presented the award, started taking selfies next to the statue of a giant monkey, a larger-than-life version of the trophy itself. Jurvetson pressed forward with a shrug. “Anyways, I think it’s more important to think about the big things. And Elon wants to change other worlds, right? He thinks Mars is a fixer-upper planet.”

Peretti came back on the stage after that, but Jurvetson couldn’t seem to leave the podium. A TechCrunch employee had to march out, grab his arm, and escort the investor backstage. Peretti was characteristically chill. “I would luxuriate in the moment if I could build a spaceship with my bare hands...which is what I’m assuming that young man did,” she said. “Guys, take your time, you own this world.”

These Chewable Coffee Cubes Help Nerds Feel Like Pro Athletes

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Tom Kubik / Via tomkubikphoto.com

The lobby of the WeWork on San Francisco’s Market Street looks like The Truman Show, but for startups: It’s the middle of the afternoon, and people are actually playing ping pong. The jug of complimentary “fresh fruit water” is icy and glistening. Stay in the same place long enough and the same Macbook-toting twentysomething is bound to loop by again.

On a sunny day in late January, Nootrobox co-founder Michael Brandt ventured onto this soundstage for startup utopia to talk about his company’s newest product: a line of chewable coffee-flavored gummy bites called Go Cubes. They, like all of Nootrobox’s wares, are nootropics: substances designed to make you think harder, better, and faster, also known as smart drugs. (Nootropics are typically marketed as dietary supplements, which are not reviewed by the FDA, although the agency has issued warning letters. Nootrobox says it only uses ingredients that the FDA has classified as generally safe.) Brandt strode into the lobby wearing a neon baseball hat that said “THINKING CAP.” See? It's unnerving when reality is too on the nose.

Go Cubes represent a big departure from Nootrobox’s other products, a trifecta of pills called Rise, Sprint, and Yawn, which are supposed to help you start the day alert, conquer deadlines, and ease into sleep, respectively, and come in spartan glass containers. The cubes, on the other hand, come in bright packaging that Brandt told BuzzFeed News was inspired by Winnie the Pooh’s honey pot and Keith Haring. Nootrobox raised the money for Go Cubes through an Indiegogo campaign and also has funding from Andreessen Horowitz. The geometric treats begin selling online today.

Each Go Cube contains as much caffeine as half a cup of coffee, as well as six grams of sugar. The nootropic elements are B-complex vitamins and l-theanine, an amino acid found in green tea. (L-theanine plus caffeine is a popular pairing to start with because the combination reduces jitters.)

Brandt hopes that Go Cubes will introduce consumers to the idea that “your smartness is something to be optimized,” he said. “Own the fact that when you’re going to get coffee, 80% of the time you’re doing it to enhance your work abilities somehow.” And if coffee drinkers are trying to “modulate” performance, “Wouldn’t you want something more precise than coffee?” he said. “That’s our whole hypothesis there.”

He opened up a fat jar of cubes before we made our way to a conference room, so that I could try one. It tasted sweetly dank, like the first sip of a cold brew coffee, but with a Haribo mouthfeel and no hint of bitterness. My editor later described the taste as “synthetic,” but said she loved it.

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Michelle Rial / BuzzFeed News

Brandt believes that Go Cubes could be a breakthrough product. “We’re just trying to take over the world so that this is an iconic logo before anyone else can follow us,” he said. “For every Coca-Cola, there’s a Pepsi and a bunch of others. That’s OK as long as we’re the Coca-Cola.”

Brandt was an associate product manager for YouTube, and his co-founder Geoff Woo is a former product manager at Groupon. Although Nootrobox’s line of pills is taking off, Brandt said he recognizes the limits of the company’s reach. “Ninety-nine percent of the world has never tried a nootropics in general, hasn’t heard about Nootrobox.” Chewable coffee seemed like a good gateway food. It looks approachable, and it’s portable so you can take it “on a long road trip or when you’re going hiking or into outer space,” he explained, but didn’t specify the planet.

Later this week, Go Cubes will be available on Amazon Launchpad, a portal for all things startup or crowdfunded. Brandt said he got the Amazon introduction through Andreessen Horowitz, which has also invested in BuzzFeed. The most popular items on the launchpad right now include Sphero’s app-controlled BB-8 robot and FitBark, a dog activity monitor.

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Nootrobox co-founder Michael Brandt at WeWork

Nitasha Tiku / BuzzFeed News

Roughly two minutes after we moved from the lobby to a conference room, I asked Brandt if it was possible to feel the effects already. I had walked into WeWork groggy, but suddenly found myself on a higher plane of mental acuity. Shit was coming together. Ideas were ~~~~connecting~~~~. Brandt and I had a sharp-angled conversation about unexplored corners of human physiology, the earliest uses of caffeine in Ethiopia, how to achieve peak cognitive performance, and Elon Musk’s theory about first principles. I felt like I was on office Molly.

Half an hour later, I started to crash. Brandt’s and my conversation grew sluggish. Overall, it felt like good part of a caffeine high, but a little higher, a little more focused, and without the dehydration. After a week or so of eating cubes, my peaks and valleys flattened somewhat, but I still felt like the cubes were effective.

My colleagues’ reactions were mixed. The same editor said the cubes “were like Adderall but less sweaty.” Another co-worker who had two cups of coffee before trying the Go Cube said: “OK, very suddenly, I’m jacked,” adding, “I kind of think I may need to go for a run.” One writer said she had been “depending on them to get over the 1pm lunch slump” and may be addicted. “WHAT SORCERY IS IN THOSE WEIRD CUBES ON THE TABLE. I’M SO AWAKE AFTER BEING SO TIRED,” said one of the journalism lab fellows, while another called the gummy bites sugar bombs of evil.

Go Cubes capitalize on a few shifting trends among tech workers, as well as widespread changes in workplace culture and health. That may sound highfalutin’ for a sugar-coated pick-me-up. But marketing and pedigree mean something in tech — otherwise columnists for top newspapers wouldn’t keep reviewing Soylent, earnestly asking each time if a venture-backed beverage could “replace” or “end” food.

Among Silicon Valley locals, the idea of smart coffee plays into the idealization of the hacker lifestyle and the drive to self-optimize — both of which tie into the industry’s insistence that personal fulfillment comes from work, rather than out-of-office pursuits. In terms of more mainstream phenomenons, Go Cubes fits thematically into Americans working longer hours and the growing anxiety around productivity, whether that’s keeping up with the pace of news and technology, or just one’s inbox. Oh, and our coffee addiction.

“Humans are the next platform,” Brandt explained. “Five or six years ago if someone was measuring their footsteps, they were a crazy person, right? That wasn’t a normal thing. But now your aunt or your cousin can have a Fitbit and they don’t consider themselves a biohacker, they just have an Apple Watch.” Brandt sees an increasing interest in treating ourselves like machines. “We want better insight into how our body is performing and we want better ability to affect it,” he said. “We want to be able to pull the levers.”


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Tom Kubik / Via tomkubikphoto.com

Venture capitalists and founders sometimes make analogies to computing in order to justify funding low-tech small businesses — perhaps because tech startups command higher valuations than, say, a power bar company.

People in the nootropics or quantified self “movement” use the word “stack” to describe their regimen of pills. Bodybuilders use supplement stacks, but in software, a stack is a set of applications or subsystems needed to build platforms or websites. (Rumor has it that Facebook prefers to hire “full-stack” engineers.) Nootrobox sells all three pills together in a package called the Full Stack.

Another way to align your company with Silicon Valley is by having the same heroes. Brandt told me Nootrobox has modeled its approach after what Elon Musk calls "first principles" — in other words, stripping something down to the basics so you can be truly innovative. When it comes to coffee, Brandt said, that means: “What do people want? What actually works? What are the intended effects?”

The on-the-nose vibe around Nootrobox comes from the prevalence of all these startup tropes: for example, the tech industry’s infatuation with new entrants over experience and expertise. “We’re both pretty young, we’re 27, so for better or for worse, I think mainly for better, we don’t have huge decades of experience in supplements,” said Brandt. Consumers have found Nootrobox “refreshing,” he said, compared with the supplements industry, where companies tout proprietary blends that turn out to contain “whatever happens to be on deck.”

Then again, if channeling Elon Musk is what it takes to get to chewable coffee, more power to them. Whether Go Cubes goes mainstream or only lasts a month, it made me more aware of how mindless it is to reach for a cup of coffee when I just want to feel smarter.

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Tom Kubik / Via tomkubikphoto.com


Nootrobox rejected 200 other ideas — including selling Sprint as an energy shot and making a chewable version in fruit flavors — before arriving at the obvious conclusion of chewable coffee: “Coffee connotes a performance aspect that lemon just doesn’t,” said Brandt. He and Woo made a down payment for R&D with a factory in Los Angeles that does “truckloads a day of jellybeans, gummy multi-vites, and things like that,” Brandt said. They opted to coat the cubes in a fine layer of sugar so they don’t stick together, he said, spinning the jar around.


To make Go Cubes more mainstream, Nootrobox also changed the tone of its advertising. The commercial for the gummy bites is loud, friendly, and “super hammed up," whereas the commercial for the pills (above) was designed to talk to “our tribe,” Brandt told me. “There’s something really fascinating when you look at a computer programmer or a really elite day trader — someone that’s really good at the work they do, that busts their butt, that puts in super long hours, like a Ph.D. in a science lab — and when you look at a person like that through the lens of how you would look at a professional athlete.” These elite workers are achieving the same marvelous levels of proficiency “as your Super Bowl athletes, but they’re doing it in Node.js and they work at some startup,” he said, referring to a popular tool for JavaScript developers.

Mark Zuckerberg and Elon Musk may be international idols, but the universal need for validation persists.

The Nootrobox team “likes to think” that they're good at brain sports too, said Brandt. “No one has really talked to nerds like they’re Nike athletes, right? But I would like to be talked to like that.”

WeWork Is Being Sued By An Ex-Employee

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WeWork / Via wework.com

WeWork, a co-working startup recently valued at $15 billion, is being sued by an ex-employee in California for unpaid overtime, wrongful termination, and retaliation. The suit was filed by Tara Zoumer, an associate community manager who supported some of WeWork’s Bay Area locations, including its 91,000-square-foot space in downtown San Francisco. Zoumer alleges that WeWork fired her because she spoke to other employees about alleged violations of California’s Labor Code and because she refused to sign a new arbitration agreement passed out to all WeWork employees last fall.

In the complaint, Zoumer claims signing the agreement would have "waived her jury trial rights to her pending disputes with WeWork."

Zoumer worked for WeWork from March 2015 to November 2015 for an annual salary of $42,000, plus benefits and some stock options. Salaried employees, especially those making a decent wage, sometimes assume that they are not eligible for overtime. But Zoumer, whose previous job was as a public relations coordinator with the human resources company TriNet, believed she was misclassified and entitled to overtime, meal breaks, and rest breaks because she worked 50 to 60 hours per week. The complaint says that Zoumer’s West Coast manager told her to stop talking to other employees about alleged labor violations three weeks before she was fired. According to the complaint, Zoumer is seeking more than $25,000 in damages.

Zoumer’s lawyer, Ramsey Hanafi, told BuzzFeed News that community managers and other nontechnical startup employees are particularly vulnerable to being misclassified as exempt from overtime and other protections. “Since so many tech jobs are ‘office jobs’ or have higher salaries, or fancy meaningless titles, a lot of employees get misclassified,” Hanafi explained in an email. As an associate community manager, for example, Zoumer replaced kegs of free beer in the communal lounge, threw parties, worked the front desk, and gave office tours. “These companies are making a lot of money on the backs of misclassified workers who are often underpaid for their long hours, and that isn’t fair,” said Hanafi.

This week, WeWork filed for a new stock offering, which could put its estimated value to closer $17 billion. To defend itself against Zoumer, WeWork hired Boies, Schiller & Flexner, a law firm founded by famed and feared litigator David Boies. WeWork has more than 50 shared office space locations around the world and a swiftly growing presence in the Bay Area.

Zoumer filed her lawsuit in San Francisco Superior Court just before Christmas, but WeWork successfully moved the case to California federal court. Zoumer’s offer letter from WeWork included a clause saying that employees have to arbitrate disputes rather than go to court. WeWork used that clause to file a petition in New York court related to the California lawsuit. The petition asks for the judge to compel Zoumer to go to private arbitration in New York rather than a jury trial in California. (Although Zoumer was fired over not signing WeWork’s new arbitration agreement, the clause in her contract may have been enough.) The New York judge is expected to rule in the next week or so.

A source close to the company told BuzzFeed News that WeWork has not yet filed to dismiss Zoumer's claims because WeWork wants all employee disputes to go to arbitration and be decided out of court.

Zoumer’s complaint alleges that in early October 2015, she began speaking with other members of WeWork’s community team about the possibility that they were wrongly classified and entitled to overtime wages, as well as reimbursement for cell phone expenses. In early November, all WeWork employees were asked to sign a new employment agreement that included a more detailed arbitration agreement, waiving a right to jury trial. Zoumer claims she refused to sign, telling WeWork “she had pending potential claims” against the company and “did not want to waive her rights” to resolve those disputes in court. In mid-November, Zoumer was told she was terminated for not signing the new agreement.

This isn't the first time WeWork has dealt with blowback for its labor practices: Last summer, CEO Adam Neumann came face to face with protesters for paying janitors $10 an hour with no benefits or paid time off. However, those were contract workers in New York, and Zoumer was a full-time employee.

In response to questions from BuzzFeed News, a spokesperson for WeWork offered the following statement: “Our employees are our lifeblood. Their commitment to our members and to each other is what helps make WeWork unique. This lawsuit is an unfortunate reaction by an employee who was terminated for failing to comply with company policies and procedures. We will contest this meritless lawsuit vigorously.”

California has different exemptions for overtime requirements depending on the category of employee. In January 2016, for example, California increased the threshold for exemptions of computer software workers. Employers now have to pay computer software staffers an hourly rate of $41.85 or an annual salary not less than $87,185.14 in order to exempt them from overtime requirements.

Hanafi, Zoumer’s lawyer, told BuzzFeed News that it will be “WeWork’s burden to prove” that his client is exempt from overtime. “The ‘default’ rule is no employee is exempt, and all are entitled to the benefits and protections,” Hanafi said. The source close to WeWork said that the defense will be arguing that Zoumer fell under the administrative exemption. In that category, one of the stipulations for exemption is that an employee “customarily and regularly exercises discretion and independent judgment.”

Regardless of the merits of Zoumer’s claims, her case touches on a number of issues that the tech industry has been forced to address recently. The treatment of nontechnical employees at large tech corporations, for instance, received a lot of attention last month after a former Yelp employee named Talia Jane wrote an open letter to Yelp’s CEO about struggling to get by as a customer service representative. The downside of arbitration has also come up repeatedly in recent widely covered lawsuits against tech companies, such as the ongoing class-action cases against Uber, Lyft, and Handy. A multipart New York Times investigation last fall said arbitration clauses were at the center of “a far-reaching power play orchestrated by American corporations.”

Although this was not included in her complaint, Zoumer sent BuzzFeed News a copy of an email that she claimed to have sent to a number of members on WeWork’s community team on Friday, Nov. 13, under the subject “Your Rights at WeWork.” According to her complaint, she was terminated the following Monday.

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Trump's In-Law Is Trying to Make Billions Off Obamacare

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Donald Trump onstage with his wife, Melania Trump; daughter Ivanka Trump; and son-in-law Jared Kushner at a campaign rally in February.

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Donald Trump has called Obamacare “a horror,” “a big, fat, horrible lie,” and a “total catastrophe.” When the presidential candidate revealed his plan in March to repeal Obamacare, he began by saying that the American people have “[suffered] under the incredible economic burden” of the Affordable Care Act. But one of Trump’s in-laws has turned Obamacare into an economic boon for his multibillion-dollar health care startup, Oscar Health. Perhaps you’ve seen their cutesy subway ads, billboards, or TV commercial?

Trump’s daughter Ivanka is married to real estate scion Jared Kushner, who has been joining his father-in-law onstage at campaign events. “Jared is a very, very successful real estate entrepreneur in Manhattan,” Trump told supporters last month, during his victory party for the New Hampshire primary. Jared’s brother is venture capitalist Joshua Kushner, who co-founded Oscar Health, a health insurance company that describes itself as “the first health insurance company created for consumers in the new world of the Affordable Care Act.” The company launched in New York state in 2013 as a licensed health care provider selling to individuals and families in the marketplaces created by Obamacare.

“I don’t think we could do this without Obamacare,” Oscar co-founder and CEO Mario Schlosser told the Washington Post in 2013. “You’d have to break into a market that’s been pretty ‘oligopolized’ with big insurers catering to brokers, agency houses and big employers. But now we have a direct connection to the consumer.”

Forbes called Oscar the “Obamacare startup” in a headline about its $1.5 billion valuation last April. Since then, Oscar’s estimated value has almost doubled: A few weeks ago, the company got $400 million investment from Fidelity at a $2.7 billion valuation.

Instagram: @joshuakushner

Oscar claims to offer consumers a more accessible and user-friendly insurance option neatly packaged with a youthful and techie vibe. (Membership cards are mailed in the same kind of box as an iPhone.) The three-year-old company has raised more than $727 million in three years for the concept.

In interviews, Kushner has said he had the idea of tackling health care after he tried to decipher an insurance bill. “I'm overeducated and I had no idea what it all meant,” he told New York magazine in 2014. Kushner co-founded the company with two of his friends from Harvard Business School, and they timed Oscar’s launch so that it dovetailed with the rollout of the Affordable Care Act. The magazine also reported that “a pair of Obama 2012 operatives were brought onboard to oversee” Oscar’s canvassing campaign before the open-enrollment deadline.

Oscar launched as more of a software layer, relying on other companies to process claims and set up provider networks. But Oscar has since expanded in Texas and California with a different model that narrows its network of doctors and hospitals in order to minimize losses and builds its process and systems from scratch.

An Oscar spokesperson declined to answer questions from BuzzFeed News about Kushner and his company’s political position. But in December, the same week that the GOP frontrunner bashed Obamacare in a town hall meeting, the White House announced that it was working with Oscar Health and one other startup (Zocdoc, a website for booking doctors’ appointments) to advertise Obamacare coverage. Oscar created a brief PSA targeted at the uninsured. “We are incredibly motivated by the support the White House has shown us today on this initiative and are proud to share this video we created on just how simple it is to sign up for an affordable plan through the ACA,” the company wrote on its blog.

Instagram: @joshuakushner

There are obviously a few degrees of remove between Trump and the tech company founder. There’s no easy shorthand to describe their connection, although both are listed as relatives on each other’s Wikipedia pages. But the Kushners — once high-profile Democratic donors — have become a source of fascination as Jared Kushner continues to join his wife on the Trump campaign trail.

Charles Kushner, father to Jared and Joshua, was one of the largest Democratic donors in America, before his notorious fall from grace after pleading guilty to illegal campaign donations and tax evasion. New Jersey Gov. Chris Christie, who recently joined Trump onstage to endorse his candidacy, was the U.S. attorney prosecuting the case. Kushner had been the primary patron of New Jersey Gov. Jim McGreevey.

The elder Kushner paid about half million dollars in civil penalties for making contributions in the name of his real estate partnerships without permission. OpenSecrets showed more than 50 donations made in Joshua Kushner’s name, all to Democratic candidates and causes. The donations started in 1992 when Joshua was 7 years old. Twenty-one of the donations were made in Joshua’s name before he was old enough to vote.

Instagram: @karliekloss

Kushner’s political position is particularly interesting given Trump’s tirades against Silicon Valley executives, who have not made their feelings about the candidate known. Last month, Trump called for a boycott of Apple for its refusal to cooperate with the FBI over the San Bernardino killings. But the Verge pointed out today that the GOP frontrunner is back to tweeting from his iPhone. Earlier this week, Tesla and SpaceX CEO Elon Musk dispelled reports of a “secretive meeting” between Republicans and tech CEOs at the American Enterprise Institute’s annual World Forum about how to stop Donald Trump. Musk tweeted that he was there to talk about Mars and sustainable energy, clarifying that it had “nothing to do with Trump,” but did he did not share his views about the candidate.

In his business dealings at least, Kushner seems to be party agnostic. One of the partners of Thrive Capital — which Joshua Kushner also founded, and which is an investor in Oscar — is Jared Weinstein, who served as a trusted personal aide or “body man” to President George W. Bush from 2006 to 2009.

Disclosure: The author of this post was previously employed as a reporter for the New York Observer, which is owned by Jared Kushner.

Silicon Valley Is Selling A Basket Full Of Unicorns

What’s in your basket?

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If there's anything Silicon Valley is good at, it's staying on message. We've seen it with recent attempts to reframe a Wall Street Journal investigation into the biotech company Theranos as an attack on innovation, and now, a similar strategy appears to be afoot to defend tech companies against fears of a bubble.

Earlier today at the Fortune Global Summit, venture capitalist Marc Andreessen was asked whether unicorns (the pet name for companies deemed to be worth a billion dollars or more by their investors) are over-valued.

"Oh, I don't think we're in a bubble, I think we're in a bust," Andreessen shot back. That response is exactly what Y Combinator president Sam Altman wrote in a blog post yesterday entitled The Tech Bust of 2015. "Maybe instead of a tech bubble, we're in a tech bust," Altman argued.

"Bust" is a catchier framing for a point investors have been trying to emphasize: That the upside of technological disruption is so enormous that even if the next few years leaves a unicorn graveyard in its wake, tech companies are still undervalued by the public market.

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I think technology has been under-valued ever since 2000 and it's still under-valued. So the nature of venture capital and the nature of venture investments is that some companies are going to work and some companies aren't ...The entire basket of unicorns is worth like half of Microsoft — like the entire basket of all the unicorns. Microsoft is a fine company, but you need a couple to really take off and it becomes very clear that retrospectively they're under-valued.


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Airbnb CEO: "I'm Totally Sympathetic" To Unaffordable Rent

Brian Chesky took the stage the day after an electoral victory in San Francisco.

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Brian Chesky, co-founder and CEO of Airbnb

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This morning, while Airbnb was announcing its plan to build a grassroots voting bloc that rivaled the NRA, Brian Chesky, the home-rental company's CEO, took the stage at the Fortune Global Summit in San Francisco. Chesky did not answer audience questions from the audience, but he did discuss Airbnb's victory over regulation in San Francisco last night. "When people are protesting they are thinking about me — and maybe they understand me or don't understand me," he told the crowd assembled at the Fairmont Hotel in Nob Hill.

Chesky seemed to be referencing the demonstration that happened Monday when protestors stormed Airbnb's headquarters with megaphones and balloons. The protest was an effort to rally support for Proposition F, a ballot measure that would have restricted Airbnb's ability to run short-term rentals in San Francisco. The ballot was defeated last night with 55 percent of the vote, despite the fact that Airbnb spent a reported $8 million campaigning against it.

I think that we ultimately realized that we wanted to move towards a more campaign style of mobilization. What was happening [in] a lot of cities is we would find out in the last minute there were hearings and hosts weren't really being represented. I mean the true thing is this: Airbnb was not on the ballot yesterday. The hosts in San Francisco who wanted to share their homes were on the ballot. We're in 34,000 cities, the people have everything at stake for the most part were the hosts of San Francisco. The precedent to think about in SF, by now most cities and countries around the world have decided they're gonna deal with it how they want to deal with it.

And there's been, frankly, dozens of precedents already set, so really the big battle yesterday was really around the people of San Francisco and I think what we really wanted to do—and we needed Chris to help us with—was not make me and the company the face of every one of these fights. because it's really not about us. Ninety percent of the stakes, by definition [of Airbnb's] business model, is about these hosts. When people are protesting they are thinking about me—and maybe they understand me or don't understand me, but I'm not even the point of it. The biggest point of this are the hosts.

I'm from Albany. I remember thinking to myself, I'm not sure if France will love this idea, I'm not sure Korea will or China will, but I can guarantee you that my hometown of New York will. The irony is that San Francisco and New York are by far our most challenged markets.


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The Mona Lisa of Unicorn Art Will Be On Display In San Francisco

A High Renaissance coincidence

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Raphael's 16th century painting Portrait of a Lady with a Unicorn is considered a masterpiece of the High Renaissance. For the first time ever, the work of art will be on display in San Francisco as a one-painting show at the Legion of Honor starting in January. Elsewhere in the Bay Area, adults have become enchanted with the word unicorn — the jargon du jour for tech companies valued at one billion dollars or more. But the painting's arrival and the region's newfound belief in magical beasts is merely a coincidence, Dr. Esther Bell, the exhibit's organizing curator, told BuzzFeed News.

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Via giphy.com

"It's really interesting timing for certain, so maybe the painting will resonate with some of our local businesses for that reason," said Bell, who only recently learned of the word's contemporary usage in Silicon Valley. Bell is also the curator in charge of European paintings at the Fine Arts Museums of San Francisco (FAMSF), which encompasses the Legion of Honor. The museums' board of trustees includes investor Zachary Bogue (Marissa Mayer's husband), as well as Juliet de Baubigny, a partner at the venture capital firm Kleiner Perkins, so there is a connection to the tech sector. However, the exhibit has been in the works for two years. (The term was coined almost exactly two years ago, but has really only come into widespread usage this year.)


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Tinder Forced To Include CEO’s “Sodomy” Interview In IPO Filing

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Tinder co-founder Sean Rad is causing trouble for his parent company. Again. Rad, who only recently regained his title as CEO after previously being demoted to president in November 2014, gave a disastrous interview published Wednesday morning in the Evening Standard. Questionable comments included Rad misusing the word “sodomy” and claiming a supermodel “begged” to sleep with him. As a result, Tinder’s parent, Match Group, which had announced plans to go public on Thursday, was just forced to update its S-1 filing to disavow itself from Rad and claims made in the article.

Late Wednesday, Match Group priced its IPO at $12 a share, and it is scheduled to go public on Thursday.

Match Group also had to include the full text of the interview, including the sodomy quote, in its updated filing with the Securities and Exchange Commission. In the amended document, Match Group says: “Mr. Rad is not a director or executive officer of the Company and was not authorized to make statements on behalf of the Company for purposes of the article.”

The amended filing also downgraded inflated metrics about Tinder’s popularity published by the Evening Standard.

Here is Rad’s quote about “sodomy” in the Standard:

He’s desperate to impress on me how gallant he is, citing the fact that a “supermodel, someone really, really famous” has been “begging” him for sex “and I’ve been like, no”. She’s “taunted” him, he says, and “called me a prude”.

“She’s one of the most beautiful women I’ve ever seen but it doesn’t mean that I want to rip her clothes off and have sex with her. Attraction is nuanced. I’ve been attracted to women who are …” he pauses “… well, who my friends might think are ugly. I don’t care if someone is a model. Really. It sounds clichéd and almost totally unbelievable for a guy to say this, but it’s true. I need an intellectual challenge.”

He continues: “Apparently there’s a term for someone who gets turned on by intellectual stuff. You know, just talking. What’s the word?” His face creases the effort of trying to remember. “I want to say ‘sodomy’?”

Rosette shrieks: “That’s it! We’re going to be fired” and Rad looks confused. “What? Why?”

I tell him it means something else and he thumbs his phone for a definition. “What? No, not that. That’s definitely not me. Oh, my God.”

Rad has previously inflated his role at Tinder, preferring to characterize it as an independent app and casting himself as your classic disruptive CEO. In truth, Tinder was formed in an incubator at IAC, the conglomerate where Barry Diller serves as chairman. IAC was the parent company of Match Group, which is being spun out as as its own public company.

This is not the first time a tech company has been forced to acknowledge an embarrassing interview just before a scheduled debut in the public markets.

In 2004, Google had to amend its S-1 filing because of an interview executives Larry Page and Sergey Brin gave Playboy. However, at the time, the Google co-founders spoke for the entire business, whereas Tinder is merely one dating app in Match Group’s stable of companies, which includes OkCupid and Match.com.

Rad’s demotion came two months after IAC settled a harassment lawsuit filed by Tinder co-founder Whitney Wolfe. When he was demoted in 2014, Rad told Forbes that the reason was because Tinder was “looking for an Eric Schmidt-like person.”

Here’s the full text of Match Group’s update to its SEC filing:

On November 18, 2015, the Evening Standard (the “Standard”), an online and print news service, published an article based on an interview with Sean Rad, the Chief Executive Officer of Tinder, a subsidiary of the Company. The article is described in relevant part in the following paragraph and the full article is attached hereto.

The article was not approved or condoned by, and the content of the article was not reviewed by, the Company or any of its affiliates. Mr. Rad is not a director or executive officer of the Company and was not authorized to make statements on behalf of the Company for purposes of the article. The article noted that “Analysts believe the [Tinder] app, which launched in 2012, has around 80 million users worldwide and records 1.8 billion “swipes” a day.” While these statements were not made by Mr. Rad, the Company notes that they are inaccurate and directs readers to the Preliminary Prospectus, which states that for the month of September 2015, Tinder had approximately 9.6 million daily active users, with Tinder users “swiping” through an average of more than 1.4 billion user profiles each day.

Evening Standard routinely publishes articles and is unaffiliated with the Company and all other offering participants, and, as of the date of this free writing prospectus, none of the Company, any other offering participant and any of their respective affiliates have made any payment or given any consideration to Evening Standard in connection with the article described in this free writing prospectus.

The statements by Mr. Rad were not intended to qualify any of the information, including the risk factors, set forth in the Registration Statement or the Preliminary Prospectus and are not endorsed or adopted by the Company. You should consider statements contained in this free writing prospectus, including those in the attached transcription, only after carefully evaluating all of the information in the Registration Statement and any final preliminary prospectus relating to the offering filed pursuant to SEC Rule 424(b) (the “Final Preliminary Prospectus”), including the risk factors described therein.


This Is What Tech Companies Do With Leftover Free Food

Silicon Valley companies offer their employees an enormous amount of free catered meals. This is what they do to prevent food waste.

Google

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Google

Google's offices in Mountain View and Sunnyvale work with a program called Chefs to End Hunger. In Mountain View alone, Google has more than 39 cafes. The food goes to an East Bay nonprofit called Hope for the Heart, which distributes food to soup kitchens and the like. "Most of our food goes to a transitional homeless housing center in Oakland where residents do the finish food prep and participate in meals," a Google spokesperson told BuzzFeed News. In the next month, a "large number" of Google's chefs will work at shelters "to further help them understand the importance of what they are doing." In order to minimize potential waste, Google kitchens around the globe use a tool called LeanPath.

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Twitter

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Twitter

Twitter donates both catered and boxed food to Food Runners San Francisco, a non-profit that relays more than 5,000 meals a day in the city through a network of volunteers. The program was initiated by Bon Appetit Management Company, an established corporate caterer that manages on-site restaurants for other Bay Area tech offices as well, including PayPal, Oracle, Adobe. Twitter told BuzzFeed News that the program to donate started at its old office on Folsom Street and that it donates from all of its cafes at its Mid-Market headquarters.

Twitter: @birdfeeder

Dropbox

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Dropbox

At its San Francisco headquarters, Dropbox's in house food programs serves more than 1,000 people everyday. The company does not participate in a regular food-recovery program but a spokesperson said leftovers were "repurposed into other food items" and put into "pizza toppings or soup ingredients." The spokesperson said Dropbox makes a lot of its food to-order and "definitely very organized of minimizing waste and making sure we find ways of incorporating leftovers." As for Dropbox's popular sushi offerings, the spokesperson pointed out that the kitchen uses salmon bellies from fish for other dishes for its sashimi rolls. During the holidays, Dropbox works with San Francisco City Impact, which collects perishables from the company's Soma headquarters.

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Uber

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Uber

Uber uses catering company in the Bay Area that partners with Food Runners.

Nitasha Tiku / BuzzFeed News


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Free Food For Tech Employees Goes To Waste

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Dreamforce is an annual conference hosted by the software company Salesforce. It’s a massive event that tends to subsume downtown San Francisco — blocking off city streets, clogging traffic, booking up Airbnbs, filling up every over-the-top nightclub in the vicinity. This year, Salesforce even commandeered a cruise ship, docked in the San Francisco Bay, to act as a floating hotel.

That accommodating attitude extends to food offered to conference-goers. This year, the spread was so abundant that a nonprofit group called Food Runners San Francisco was able to rescue 4,000 boxed lunches that would otherwise have gone to waste. “That’s only the 4,000 that I know about,” Nancy Hahn, director of operations at Food Runners, told BuzzFeed News. “The year before, it was probably similar,” said Hahn. “Those are the ones that we see; it could be more.”

Excess like that from tech companies is not hard to find. Airbnb, for example, left 1,855 pounds of extra food on the table last year at its annual employee convention called One Airbnb.

Airbnb’s numbers are more precise because the company made a rare move by paying Food Shift, a nonprofit focused on reducing hunger, to manage the recovery. Food Shift’s tally from just one breakfast and lunch during the four-day conference totaled 761 pounds of excess food, including 138 pounds of polenta, 78 pounds of scrambled tofu, 153 pounds of yogurt, 15 pounds of bacon, and nine pounds of Mascarpone cheese. At another recent pickup, from a 140-person tech-company lunch, Hahn found 75 leftover burritos. “How do the amounts get to be so large?” Hahn asked.

Boom times beget decadent behavior, and the only thing flowing more freely than startup funding right now is free food. During the height of the dotcom bubble, companies like Google began offering meals as a perk to maximize productivity from employees who worked long hours. But like other aspects of Silicon Valley culture — hoodies, pingpong tables, sleeping at the office — what was once utilitarian has mutated into parody. “The opulence and the abundance and the excess [of food] is kind of synonymous to what was going on in Rome before the crash,” Dana Frasz, the founder of Food Shift, told BuzzFeed News.

Indeed, if you are employed by a tech company in the Bay Area right now, or invited to their events, the supply of subsidized food within hand’s reach is almost endless. Silicon Valley campuses are now dotted with kitschy food trucks, Indian restaurants, and raw food pop-ups as an alternative to already-bountiful cafeteria buffets. Office micro-kitchens are brimming with free snacks and organic produce, cater waiters offer up artfully arranged hors d’oeuvres at hosted happy hours, fireside chats come with gourmet grazing options, and boxed lunches have been known to contain a fancy cut of meat. Elaborate menus, posted online, change daily. Last Friday’s lunch at Facebook’s Full Circle cafe, for example, was Hunger Games-themed, including dishes with names like Cinna’s Creamy Rosemary Orange Chicken and Prim’s Baked Grape Leaf and Basil Wrapped Goat Cheese. Startups like Zesty, ZeroCater, and Cater2me — middleman between offices and local restaurants and food vendors — have now begun to pop up, most backed by the same venture capital funding that propped up demand in the first place. (Some BuzzFeed offices use ZeroCater as a vendor.) “There’s a lot of pressure to never be caught without,” said Hahn. “No one can be one chip short. Ever.” Caterers have told her, “‘Oh my gosh, you should hear what we hear if we’re one portion short.’”

And all that food — spurred by the fear that anything less than abundance will hurt employee hiring and retention — leads to a lot of food waste.

But this is not another Google bus debacle, during which multibillion dollar tech corporations and their luxury shuttle buses quickly became a symbol of the industry’s indifference toward its neighbors. Silicon Valley has, for the most part, been conscientious about the community when it comes to surplus prepared food. Oftentimes that means signing up for free food-collection services, or partnering with pre-existing charities. According to Hahn, tech companies are the source of roughly 50% of the excess food picked up by Food Runners San Francisco, which now receives enough donations to deliver around 17 to 18 tons of food a week. And at Peninsula Food Runners, which is located in the startup-saturated South Bay, the percentage of surplus from tech companies is around 70%. Founder Maria Yap says hers is the only organization collecting prepared food in the area, so weekly she’s moving around 35,000 pounds of food. “GoDaddy, LinkedIn, a lot of these places have more than one cafeteria — and of course I deal with corporate caterers.”

But while nonprofits told BuzzFeed News they are grateful for all the surplus food, the deluge can be overwhelming. The burden of redistributing corporate spillover falls on agencies that offer their services for free and depend on volunteers. “I’ve heard so many people in the food recovery realm say it’s too much, when you have to send not just one car but three cars to a tech company to pick up what they have leftover in one day,” Frasz told BuzzFeed News. Nonprofits and church groups are overextended.

For-profit entities are entitled to their extravagances, of course. And food waste is a national issue, not unique to the tech industry. A 2012 report from the National Resources Defense Council found that 40% of the food in the United States goes uneaten. But surplus sounds callous from companies who claim to have a better vision for how the world should operate. It’s particularly troubling considering the number of neighbors who go hungry. In Santa Clara and San Mateo counties, which encompasses Menlo Park, Mountain View, and Sunnyvale — and the headquarters of Facebook, Google, LinkedIn, and Yahoo — one in four individuals is at risk for hunger. The national average is one in six people. In one of the wealthiest areas of the country that considers itself an incubator for the future, one in three kids are at risk for hunger.

To address the issue, in 2014, Second Harvest Food Bank launched “Stand up for kids,” a campaign co-chaired by Sheryl Sandberg. Second Harvest is the largest food bank in the region, serving 250,000 people a month, but it doesn’t work with prepared food. The agency is mainly seeking funding, and Silicon Valley has been eager to oblige. Tami Cardenas, vice president of development and marketing, said they have also been “trying to appeal to young tech workers,” including a Thanksgiving-themed spoof of Drake’s video for “Hotline Bling.”

Bon Appetit Management Company, which runs cafeterias for Google, Twitter, LinkedIn, and many more, seems headed in the right direction. The company hired a waste specialist who doubled the amount of food recovered in her first year, and Bon Appetit recently announced ambitious company-wide goals for food recovery by 2018. So far this year, its corporate accounts in the Bay Area donated 58,965 pounds of food.

When it comes to surplus food, the pickup and delivery process is about as intricate as Facebook’s daily menus. From big tech companies with an in-house kitchen, Food Runners San Francisco is seeing 12 to 20 trays on a daily basis, said Hahn. “That’s like food for 75 to 100 people. Sometimes the shelters get full. Some shelters don’t take catered food at all. Some of the really large soup kitchens, they’re trying to serve 2,000,” so “40 of this and 50 of that” doesn’t always fit their needs.

“I know this is gonna sound really crazy,” said Hahn, but one of the challenges early on were the lids for foil catering trays. “We would go for pickup and the lids would be nowhere in sight.” The food providers would explain that they took away the lids because “the clients don’t like to see them.”

Peninsula Food Runners’s criteria for free pickups is whether the food would be able to feed 10 people. “They don’t think who is actually eating this,” said Yap. “Come on, you guys, let’s be green about this: Would you want a driver to come out just to get your mayonnaise and ketchup?”

Ironically, the issues plaguing food recovery are the type of problems currently in vogue with startup founders. There’s a two-sided marketplace (donors on one side, shelters and food banks on the other). It requires real-time responsiveness (donations come in at peak hours and prepared food must be delivered in a timely manner). The process is riddled with inefficiencies (mismatch between the size of a donation and the needs of a shelter). The labor force is crowdsourced and fractured (on-demand apps require cheap couriers whereas nonprofits rely on volunteers).

“I make a joke sometimes, ‘Well, there oughta be an app for that!’” said Hahn. “What if when you walked in the office in the morning you [pressed a button] that said ‘Yes, I’m having lunch’ or ‘No, I’m not having lunch today.’” Perhaps, said Hahn, companies were using waste prevention measures. “Sometimes, based on the amounts of food I see, it doesn’t seem like they’re doing that."

Yap built an application called Chow Match to make donations easier. “The programmer happens to be my husband. He was just so tired of me talking about all this inefficiency,” she said. Yap said with more resources she could educate corporations concerned about the liability for donating prepared foods or whether or not there is a tax write-off. (Taxes are a concern with this perk. Last year, the IRS put “employer-provider meals” on its list of top priorities.)

Airbnb tasking Food Shift to manage those extra pounds of mascarpone and bacon is a great example of a successful partnership, Frasz said. For one, based on the feedback loop, waste was reduced by 191 pounds the next day. And secondly, Airbnb was willing to pay for the service.

In June, Food Shift released an in-depth report about waste in Santa Clara county, which includes Cupertino, Palo Alto, and Mountain View. “It exposes the hidden complexities around food recovery,” said Frasz. “I don’t think people realize how under-resourced these people are and how $300 would actually make a big deal.” It’s frustrating, she said, when “the tech company isn’t even willing to pay for the containers.”

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LINK: Read more about what Google, Airbnb, Uber, and more do with their food waste here.


Eviction Party Celebrates The End Of An Era

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Nitasha Tiku / BuzzFeed News

On Wednesday night, at an office “eviction party” in San Francisco, guests were handed bingo cards made especially for the unlucky occasion. The theme of the game was housing crisis, with squares like “Organizes protests against bad landlords,” “Pays more than ½ of their income towards rent,” and “Has been priced out of their office.” The winners received a T-shirt.

“Priced out” also describes the two nonprofits throwing the party. The co-hosts were both anti-eviction groups about to be pushed out of their shared office in San Francisco’s newly trendy Mid-Market District by a five-year-old tech startup that has raised more than $1 billion in funding.

The thematic games continued further into the nonprofits’ cluttered, homey headquarters on the 12th floor, where guests were encouraged to don a blindfold and play “Pin the Protest on the Profiteer” with silhouettes of besuited bad guys like The Dirty Developer.

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The two nonprofits, Eviction Defense Collaborative and Tenants Together, currently both operate out of 995 Market St. — an office tower that dates back to 1908 and was once filled with other community service do-gooders. EDC has been there for more than a decade and sublets space to Tenants Together. But its landlords, Long Market Property Partners and Columbia Pacific Advisors, did not renew the EDC’s lease for 2016. Instead, the 12th floor will be taken over by the co-working company WeWork, which plans to repopulate the bulk of the building with sleek shared “co-working” space rented monthly to startups looking for an office with a venture-financed vibe.

WeWork is not wasting any time transforming floors into entrepreneurial lounges. The night of the party, the elevator was crammed full of workers in neon safety vests. It stopped every few floors, opening onto half-finished construction sites and, on one floor, a cleaning person pushing a plastic bussing cart while wearing a WeWork-branded polo shirt.

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Nitasha Tiku / BuzzFeed News

For the end of an era, the mood was impressively upbeat — it was a party, after all. Despite the long wait for the elevator, the 12th floor quickly filled up with other low-income housing activists and residents who had been assisted by the nonprofits. Paul Cohen and Dean Preston, the executive directors of the EDC and Tenants Together, respectively, took turns standing on a chair and giving brief speeches, punctuated by poetry recitations. The band that played live music afterward included a member from Legal Assistance for the Elderly, another nonprofit pushed out of the building in the past year or so. Throughout the evening, a scruffy, yellow-haired dog wagged his tail while bounding between the rooms.

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Nitasha Tiku / BuzzFeed News

Preston called the EDC’s work a frontline defense. “Pretty much every person in this town who is being evicted, this is their first stop,” he said. While organizations like Tenants Together work on policy initiatives and the bigger picture, “we’re not always rolling up our sleeves getting dirty in court.”

The image of a tech company shoving anti-eviction advocates out the door sounds as unsubtle as the inflatable skeleton stationed outside the building in protest. (The oversize grim reaper was a part of a semi-regular demonstration against WeWork’s use of non-union carpenters.) But that’s how stark inequality is in Mid-Market, a rapidly gentrifying neighborhood in downtown San Francisco. In 2012, the city instituted so-called “Twitter tax breaks,” offering payroll tax exemption to attract tech companies to the run-down area. (Six months ago, BuzzFeed San Francisco moved into an office two doors down from 995 Market St. Before that the bureau worked out of another WeWork location just around the corner.)

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Nitasha Tiku / BuzzFeed News

During his chair-top speech, Preston called getting booted out of one’s office “a different kind of displacement" from losing one's home, but pointed to one parallel. “The part of eviction that never seems to get recognized is the incredible toll on people when they’re being evicted. It’s not just where you’ve got to move to, it’s the toll over the process of losing where you are.”

Preston then thanked the staff and interns of both organizations “who have really put up with hell in this building thanks to real estate speculators who buy a building, don’t give a damn about the community-serving organizations—”

His tirade was interrupted by a guest shouting, “Fuck ‘em!”

Sue ‘em!” another guest yelled back, cracking up the scrum of people pressed up against the wall.

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WeWork's co-working space on the second floor of 995 Market St.

Nitasha Tiku / BuzzFeed News

Earlier this month, Paul Cohen, the EDC’s new executive director, told San Francisco magazine that the nonprofit had been paying $2 per square foot for the space for the past 10 years, but WeWork was prepared to pay “roughly $4” per square foot. CompStak, a commercial real estate database, told BuzzFeed that WeWork’s deal’s for 64,000 square feet was priced closer to $4.5 per square foot per month, on average. WeWork's $300,000 rent bill is offset by $4.5 million from its new landlords for refurbishing the place, according to CompStak's data. WeWork declined to confirm those numbers. The company also declined to specify whether its offer to “welcome [the nonprofits] as members” involved charging market rate rents.

At the party, Cohen said it wasn’t easy finding a landlord who would rent to the Eviction Defense Collaborative, but starting Jan. 4, the EDC, which served 5,000 San Franciscans last year, will have a new home at 1338 Mission St. Preston said Tenants Together is also very close to signing a lease in San Francisco.

After the speeches were over, Preston told BuzzFeed News that Twitter tax breaks were only one part of the problem. The city has made some effort to protect community service groups through its nonprofit displacement mitigation program, “it’s just that those kind of programs always seem to come later, right?”

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Nitasha Tiku / BuzzFeed News

Down on the second floor, WeWork’s first co-working location in the building was still in use around 7 p.m. A couple members were playing ping-pong, a few clustered around a chess board, while another pair sipped wine in front of their MacBooks on the couch. In the kitchen area, a cleaning person loaded the dishwasher with WeWork mugs while wearing a WeWork-issued T-shirt with the words “Community team” on the back. The counter had containers of La Colombe coffee that said “Roasted for WeWork” and there were samples of energy fizz sticks and daily fiber boosts from the vegan wellness company Arbonne up for grabs on the counter.

In the front lobby of WeWork's co-working floor, Appster, a web development company, was hosting a networking event where founders could learn “how to build a successful startup into a multi-billion company” and chat with entrepreneurs “trying to change the world.” In a corner near the projector screen was a WeWork poster that said “DON’T GIVE UP ON YOUR DREAMS!”

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Nitasha Tiku / BuzzFeed News



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