Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
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were already very close to zero. That bone of Chinas ambitious economic and nomic connections and strong di- tries. To celebrate Chinas new global in- songs from his childhood while waiting President Hassan Rouhanis efforts to lure
KRUGMAN, PAGE 15 geopolitical agenda. President Xi Jin- plomatic relationships. fluence, Mr. Xi has gathered dozens of for Chinas leader. PAGE 12 foreign investment to Iran have run short.
Y(1J85IC*KKNMKS( +?!z!$!$!"
Greece 2.50 Kazakhstan US$ 3.50 Norway Nkr 30 Senegal CFA 2600 The Netherlands 3.20 No. 41,732
Germany 3.20 Latvia 3.90 Oman OMR 1.250 Serbia Din 280 Tunisia Din 4.800
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2 | TUESDAY, MAY 16, 2017 THE NEW YORK TIMES INTERNATIONAL EDITION
page two
ence research, in a practical guide to The chief operating officer of Facebook, Sheryl Sandberg, left, and the poet, essayist and Columbia professor Elizabeth Alexander. Both women have written books about being widowed while raising young children.
the inevitable hardships of life.
Over a breakfast of English muffins
and cappuccinos (with a side of bacon quit by the 5th or 6th. Then one day I Jewish mourning period for a spouse, I death was something we were dealing our souls stronger and more beautiful. people for whom the answer is yes?
for Ms. Sandberg) at Farmers Fishers wrote: Im going to bury my husband thought, if I was going to write some- with. Because that is life.
Bakers in Georgetown, the women today, and I didnt stop. If I didnt thing, this is what I would say: Stop After Ficre died and we buried him, PG Youve also taken a strong stand on
discussed the impulse to write about write every day, I felt like I was going asking me, How are you? How do you there was one class left in the semes- SS I think of my mother-in-law. Losing bereavement leave.
their struggles, the experience of to burst. I would walk out of the office, think I am? Say: How are you today? ter. I wanted to go back and give that her husband, then losing her son. Its
parenting through grief, and the value tears pouring down my face, and they And get out of the way of ambulances. final lecture. Afterwards, every stu- too much. And she helped me clean. SS I changed Facebooks policy. It was
in sharing our deepest stories. would not stop until I wrote everything Because when Dave died, no one dent all 75 lined up and shook my You know the moments: the wedding great before; now its better. Were at
down: about the flight to Mexico moved. hand or hugged me. Every single one. ring, cleaning out the closet. 20 days for an immediate family mem-
PHILIP GALANES You two are like [where Mr. Goldberg died], the way we There was zero chance I was posting And making that occasion to connect ber, 10 days for Grandma.
amazing reality-show contestants: didnt go on the hike that last morning, this thing. But when I woke up the got that part out of the way. Of course, EA I thought you were brave to do that
Handed identical baskets of horrible next morning, it was just so bad. The there were still many times when I with your kids. I did it alone. PG Did being a mother change your
ingredients, yet you come back . . . end of mourning? Are you kidding? I felt: Ah, can I go into that room? Im grief?
The end of mourning? thought: Things cant get worse, may- neon now; Im different. SS Trust me, I was advised to include
SHERYL SANDBERG With totally differ- Are you kidding? I be theyll get better. So, I posted it on them, so I did. SS I didnt want Daves death to ruin
ent books. Facebook, but I never thought I was PG One of the powerful takeaways my childrens life. And I thought it
thought: Things cant PG You just touched on the other great would. I really did. People ask, Whats
talking to the world. I was shocked from your books is that grief is a form
ELIZABETH ALEXANDER I was sur- get worse. when it ran as news. It didnt get rid of of love; it cant be rushed. When Ive theme of your books: motherhood. the worst moment of your life? Well,
prised that so shortly after my hus- the grief, but it changed my life. People grieved, I just wanted to take it off fast there are lots of contenders. But it
band passed, maybe two weeks later, I the way they wouldnt let me into the started talking to me again. A friend like wet clothes. SS Exactly. How do I raise a 7- and might be telling my children their
started writing things down. It felt back of the ambulance with him. said, Ive been driving by your house 10-year-old who just lost their father? father died. But Adam [Grant] said to
unseemly, almost cannibalistic. every day, but now she stopped and SS Same here. I wanted to solve the Im a single parent. I dont have the me, If you dont stop blaming yourself,
PG Writing was a kind of self-sooth- came inside. There are like 70,000 problem and put a bow on it. But my financial challenges that many single if you dont learn to laugh, if you dont
PG You felt compelled to write? ing? comments on that post. People con- friend Davis [Guggenheim, the docu- parents have. But Im doing this alone, find joy again, your kids cant recover.
nected with each other: mothers in mentary filmmaker] told me that when and theyre grieving. And when I did feel a little better, my
EA It was the only way I could know EA More like: If you can stay at the NICUs, fathers of suicides. That was he starts a film, he never knows where kids told my sister-in-law that they
what was happening to me. I knew I bone of whats true, then thats your probably the beginning of the book. its going. He has to let the story un- PG Were you worried about taking were better because Mommys not
was alive; I knew I had to take care of lifeboat. fold. Honestly, I probably still feel like heat as a wealthy woman, the way you crying all the time.
my children. But writing was like EA My experience was a bit different. I you. I lived through the grief because I did on Lean In? What does she
placing my hand on the earth. It wasnt SS I felt increasingly isolated, just so was teaching a lecture class that I had no choice. And as my rabbi told know about regular people? EA My kids were paramount for me,
comfortable. It was more like living lonely. Id drop off my kids at school, loved on contemporary African-Ameri- me: Lean in to the suck. too. That didnt mean keeping a stiff
with the steady companion of my life: and people would stop talking when can art. We talked about coming SS Not if I could shine a light on the upper lip. But it meant carrying on. It
making things out of experience. they saw me. Id walk into work at through the middle passage of being EA My husbands death ravaged me, terrible stresses women face: 37 per- was weird, as if a voice said, We will
Facebook, where everyone talks all enslaved through Jim Crow and but its meant to. If we have any life cent of single mothers are living in survive. It didnt sound cheerful about
SS Thats exactly how I felt. I always day, and thered be no chitchat. the resilience of making art out of that. span, we dont outrun this stuff. It may poverty. With widows, its 15 percent anything on the horizon, but it felt like
wanted to keep a journal, but never Literally, I could silence any room just What it means for black people to be not be a husband at 47 or 50, but these 25 percent if youre black or Latina. My the truth. And even through the suffer-
did. I have a box of them from when I by arriving. So, a couple of days before making art today when our young men things will happen. Somehow, we have kids asked me: Are we going to lose ing, we had these beautiful men who
was a child. Id start on January 1st and the end of shloshim, the traditional are so vulnerable. So the possibility of to let the ravages shape us and make our home? Do you know how many loved us.
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THE NEW YORK TIMES INTERNATIONAL EDITION TUESDAY, MAY 16, 2017 | 3
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4 | TUESDAY, MAY 16, 2017 THE NEW YORK TIMES INTERNATIONAL EDITION
World
How to catch hackers?
Sleuthing, with a twist
chief information officer of the White
LONDON
House and founder of Fortalice, a cyber-
security firm. Are they still hiding? Are
they going to come back tomorrow? Is
Traditional detective work the door that let them in still ajar? Can
they inflict more pain?
gets a digital update to And if so, where are they? she add-
chase cybercriminals ed. How do we cordon them off to miti-
gate further damages?
BY KATRIN BENNHOLD Instead of searching the closets of a
AND MARK SCOTT property that has been broken into, in-
vestigators will examine the affected
Bank robbers wear masks and escape in server, online software caches and
vans with stolen license plates. Kidnap- emails to identify any malware that
pers compose ransom letters from might not have been activated yet.
newsprint to elude handwriting experts. In the case of the ransomware that
Burglars target houses with the upstairs was unleashed Friday and is known as
window ajar. WannaCry, Wcry or Wanna Decryptor, it
Cybercriminals do much the same. was quickly determined that updating
They hide behind software that ob- Windows software with the latest secu-
scures their identity and leads investi- rity patch was enough to inoculate
gators to look in countries far from their computers that had not been infected.
actual hide-outs. They kidnap data and Then the forensic work begins, with
hold it hostage. And they target the most agents looking for digital fingerprints.
vulnerable companies and people Because of the highly technical nature
whose information is poorly protected. of these investigations, private data se-
Cybercrimes, like the global ran- curity teams can be expected to help in
somware attack that began Friday and the search. That includes working di-
has affected hundreds of thousands of rectly with law enforcement to uncover
computers in more than 150 countries, clues left behind by the attackers, as
are in a way an updated version of an- well as tracking the virus and its effects
cient criminal methods. separately to protect their corporate
And in the global search for the crimi- clients. These firms have been instru-
nals that continued Monday, investiga- mental in solving some cases.
tors are following much the same In the WannaCry case, the phishing
process that detectives in the physical emails sent by the criminals with the in-
world have used for decades: secure the fected link are a key piece of evidence.
crime scene, collect forensic evidence Patricia Lewis, the international securi- CARLOS GARCIA RAWLINS/REUTERS
and try to trace the clues back to the per- ty research director at Chatham House Opposition supporters clashed with riot officers in Caracas, Venezuela, at a protest against President Nicols Maduro, who has prosecuted demonstrators in military tribunals.
petrator. in London, likened the text of the email
But for all of their similarities to tradi- to a physical letter and its metadata to
Sometimes the patterns that lead in- panded his powers by emergency de- Boots are all that remain of a statue of former President Hugo Chvez in La Villa del Rosario, Venezuela. Below, Mr. Maduro, the
NEIL HALL/REUTERS vestigators to their target can be sur- crees. His backers on the Supreme president, after issuing a decree this month. He has described the protests as acts of terrorism that would be treated legally as such.
Computers at Britains National Health prising. One state-sponsored hack was Court have even tried to dissolve the na-
Service were attacked on Friday. traced to Russia because detectives no- tional legislature, which is led by the po-
ticed those responsible were online only litical opposition.
from 9 a.m. to 5 p.m. Moscow time, Ms. Now, the president is turning to mili-
your home, said Brian Lord, a former Lewis recalled. In another case, hackers tary courts to tighten his grip further,
deputy director for intelligence and cy- were observing Chinese holidays. prosecuting demonstrators and other
beroperations at Government Commu- When Sony was hacked, officials civilians in tribunals that the govern-
nications Headquarters, Britains equiv- linked the malware that was used to one ment closely controls.
alent of the National Security Agency. that had been used before in North Ko- At least 120 people have been jailed by
Catching who did this is going to be rea. That was a big clue, Ms. Lewis military courts since early April, when
very hard, and will require a level of in- said. But of course it could have been demonstrators began taking to the
ternational cooperation from law en- deliberately planted. streets to call for new elections, accord-
forcement that does not come naturally. In the recent hack of the political cam- ing to the Penal Forum, a legal group as-
The only institutional arrangement paign of the new president of France, sisting those arrested. Another group
for international cooperation on cyber- Emmanuel Macron, for instance, securi- monitoring cases, Provea, counted at
crime is the so-called Budapest Conven- ty experts were able to link the registra- least 90 people jailed by the military.
tion, whose membership is largely re- tion of certain website domains used in Both groups contend that the country
stricted to Western democracies, said the attack to Russian hackers. has never used the military courts
Nigel Inkster, a former assistant chief of Investigators in the latest attack are against so many civilians this way out-
Britains secret intelligence service, looking for clues in the ransom notes side of wartime.
MI6. written in more than 20 languages. Military justice sows the greatest
Authoritarian states such as Russia Some suggested that the assailants terror in our population, said Juan Mi-
and China have refused to sign on to the might have connections to China be- guel Matheus, an opposition congress-
agreement because it permits the digital cause the Mandarin version of the text man from the state of Carabobo. He said FEDERICO PARRA/AFP/GETTY IMAGES NYT
equivalent of hot pursuit: A police force was better written than its English at least 69 people there had been jailed
investigating a cybercrime can access equivalent. by the military since early April. litical movement that Mr. Maduro in- rior minister, said on Twitter that the tri-
networks in other jurisdictions without Once equipped with enough identify- Those held include students, store Its taking civil jurisdiction herited after Mr. Chvez died in 2013. bunals would be used. Military courts
first seeking permission. ing data to start narrowing down sus- owners, mechanics and farmers, rights and putting it in the hands This time, with hundreds of thou- will be in charge of all investigations
Any investigation of the recent ran- pects, investigators will go undercover groups say. An entire family was ar- of the military, like we are sands of people pouring into the streets that are necessary of these TERROR-
somware attack will have to be done by a to listen to the chatter on technology raigned before a military tribunal in Ca- to demand new elections to replace Mr. ISTS hired by the right, he wrote.
coalition of the willing, Mr. Inkster said. boards where cybercriminals are racas last week and charged with incit-
in a war. Maduro, clashes between demonstra- Then last week, Vladimir Padrino, Mr.
There are signs a coalition is coming known to spend time. Its like using an ing rebellion. In one case in the city of tors and security forces have left at least Maduros defense minister, told a Span-
together, at least in parts of the interna- undercover operative purporting to be Valencia, two people were brought be- led legislature. The president back- 40 dead, hundreds injured and scores of ish news service that he planned to take
tional system. Europol said its team of part of a criminal gang, except its on- fore military courts on suspicion of tracked soon afterward. businesses looted. Fueling the anger is any protester who attacked National
cybersecurity specialists made up of line, Mr. Inkster said. stealing legs of ham during a round of Ms. Ortega has continued her criti- the worst economic crisis in recent Guardsmen to the tribunals.
agents from countries like Germany, Half the dark web are cyberagents looting then charged with rebellion as cisms and now says the state is breaking memory in Venezuela, where more than Military justice will immediately be
Britain and the United States was in- these days, Ms. Lewis joked. Theyre well, according to the Penal Forum. the law in its repression of the pro- two years of low oil prices have led to used to hear this kind of case, he said.
vestigating the attack. tripping over each other. They are being treated like they are testers, making it unclear whether she shortages of food and medicine and sky- Yet human rights lawyers say some
Europe and Asia were the regions One of the most challenging new de- combatants, said Alfredo Romero, the will follow his orders in a crackdown. rocketing street crime. cases have nothing to do with attacks
most affected by the crime, with hospi- velopments for investigators is the use director of the legal group. Its taking Theyre using military courts be- In April, Mr. Maduro announced what against soldiers. Mr. Romero of the Pe-
tals, car plants and even the Russian of Bitcoin, a digital currency with little civil jurisdiction and putting it in the cause the president is assured of the out- he called the Zamora Plan, a set of de- nal Forum cited the case in Valencia,
Ministry of Interior falling prey to the oversight. hands of the military, like we are in a come there, said Tamara Taraciuk, a crees meant to combat internal and ex- about a two-hour drive west of Caracas,
malware, which takes over a computer, In the latest attack, the criminals de- war. senior researcher for Human Rights ternal attacks using the armed forces. where widespread rioting has led to a
locks down the machine and releases it manded ransoms ranging from $300 to Many see another reason for the mili- Watch. Its not a coincidence that the Many lawyers and opposition officials near state of martial law. He said his
only when the owner has paid a ransom. $600, to be paid in Bitcoin. tary crackdown against the protesters: moment the government feels they see it as the legal premise for the shift to team had recently attended the arraign-
Hours after the attack was first re- Bitcoin accounts, or wallets, are ex- The presidents power is declining dont control the attorney general, they military courts. ment of two residents who were ar-
ported in Britain, where the computer tremely difficult to trace. While law en- within his own leftist party, especially look elsewhere to see that they can lock Mr. Maduro said he had expanded the rested after cuts of ham were found in
systems of the National Health Service forcement agencies have cracked cases among its law enforcers. up dissidents. role of the armed forces in a strategic their homes, presumably evidence that
were crippled, law enforcement agen- by tracking Bitcoin transactions, the Venezuela has witnessed large street The use of military courts to try civil- civil-military plan to guarantee the they had been involved in the rioting.
cies across Europe, Asia and the United process is arduous. mobilizations in the past, most notably ian cases has long been shunned inter- country functions. He said that the op- However, when the court announced
States began looking for clues that could It could take months, if not years, for in 2014, when hundreds were detained. nationally. Nearly all countries, includ- position had called for a coup dtat, an the charges, the pair stood accused of in-
trace the assault to specific people or or- law enforcement agencies to pinpoint But while protesters were jailed, tor- ing Venezuela, are part of the Interna- accusation he had made before, and that sulting soldiers and inciting rebellion
ganizations. the identity of the attackers. tured and killed that year, they were tional Covenant on Civil and Political the punishments would be tripled for among those in the town.
As with a physical crime scene, the Ultimately, in the world of computers, largely tried by civilian courts con- Rights, a United Nations treaty that dis- such offenses. A narrative was completely in-
first step with any cyberinvestigation is as in the physical world, investigators trolled by leftist judges and prosecutors. courages the practice as unfair. The president has since described the vented, Mr. Romero said.
to make sure the criminal is no longer rely on criminals to make a mistake. This year has been different. Attorney The unrest is the biggest challenge to protests as acts of terrorism that would Rights groups also point to other
hiding out, about to pounce again. As Adam Malone, a former cybera- General Luisa Ortega, who oversaw the the leftist government since protesters be treated legally as such. A call to the problems in the military courts, like a
Before we get into who did it, we try gent for the F.B.I., put it, A lot of times prosecutions in 2014, publicly broke with marched to the presidential palace in Venezuelan Information Ministry for lack of lawyers, different standards of
to figure out if the bad guys still have ac- we catch bad guys because they get Mr. Maduro in March after the Supreme 2002, setting off a coup that briefly de- comment was not returned. evidence and fewer of the due process
cess, said Theresa Payton, a former sloppy. Court tried to dissolve the opposition- posed Mr. Chvez, the leader of the po- This month, Nestor Reverol, the inte- protections found in civilian courts.
..
THE NEW YORK TIMES INTERNATIONAL EDITION TUESDAY, MAY 16, 2017 | 5
world
world
Judging an asset
to Al Qaeda and U.S.
By then 19, Mr. Vinas jumped from job
WASHINGTON
to job, working at a carwash, a green-
house and a trucking company.
Rudderless, he found Islam in 2004
Light sentence shows through a friend, converting at a Queens
mosque that other extremists had em-
value of New Yorkers braced.
help in exposing network As the United States invasion of Af-
ghanistan dragged on and Iraq plunged
BY ADAM GOLDMAN into a catastrophic civil war, Mr. Vinas,
prosecutors say, fell under the sway of
No one knew it at the time, but Al Mr. Zarqawis videos and other propa-
Qaedas ability to strike in the West was ganda. With little else to lose, he set off
severely damaged when a skinny one- for Pakistan.
time altar boy who grew up on Long Is- In September 2007, he flew to Lahore,
land stumbled into a Pakistani check- a city near the Indian border known as a
point in Peshawar in 2008, attacked a center of arts and literature, figuring he
police officer and was detained. would arouse less suspicion there than
Within days, United States Federal in a city, like Peshawar, that was swarm-
Bureau of Investigation agents had ing with militants.
flown to Pakistan and were grilling the Mr. Vinas eventually traveled to
young man, Bryant Neal Vinas. He told North Waziristan, a remote region that
them that he had consulted for Qaeda was home to many militants, and wound
leadership on spectacular plans to blow up in a four-month Qaeda boot camp.
up the Long Island Rail Road. Osama bin There, he learned to handle small arms
Laden wanted to turn him into a recruit- and explosives and make suicide vests.
ing poster. After training, he was issued an AK-47
Mr. Vinas kept talking to the F.B.I. assault rifle by Al Qaeda, and he played
agents, and to federal prosecutors back minor roles in a pair of unsuccessful at-
in New York. He talked for the next eight tacks on an American military base in
years, taking part in 100 interviews, re- Afghanistan.
viewing 1,000 photographs and assisting But Mr. Vinas had more to offer Al
Qaeda than being a low-level fighter: He
had ideas. According to court docu-
The offense is among the most ments, he considered establishing a
serious you can imagine. On the Qaeda training camp in Peru and was in-
other hand, the value of the volved in creating Qaeda communica-
tion systems.
cooperation is among the most One of the few in the terrorist group
PHOTOGRAPHS BY NEWSHA TAVAKOLIAN FOR THE NEW YORK TIMES valuable you can imagine. who knew New York, Mr. Vinas pro-
Traffic in Tehran. Middle-class Iranians are frustrated after years of high unemployment, inflation that eats relentlessly into living standards and widespread corruption. posed targeting the Long Island Rail
Road traveled by hundreds of thou-
in more than 30 law enforcement inves- sands of commuters each day and a
world
world
Business
Hacking is weapon
against goliaths
regularly spy on journalists, activists
HONG KONG
and political dissidents, sometimes in al-
most comically obvious ways tailing
them by motorbike, for example, or
Attacks from Vietnam eavesdropping in a cafe.
In a 2014 blog post, the Electronic
appear to be linked to Frontier Foundation, a nonprofit advo-
government, report says cacy group in California, documented
what it said appeared to be a state-affili-
BY MIKE IVES ated Vietnamese hacking operation that
AND PAUL MOZUR had targeted a range of people critical of
the government, including an
Hackers in Vietnam have been attack- Associated Press reporter in Vietnam
ing foreign companies and other targets and a pro-democracy blogger in Califor-
for years, seeking information and us- nia. FireEye said OceanLotus employed
ing tactics that suggest links to the Viet- a similar type of email phishing, using
namese government, a cybersecurity messages to bait victims into download-
company said Monday. ing malicious software or turning over
The findings, laid out in a report re- their user names and passwords.
leased by the company, FireEye, come The report also documented the
as companies and experts look beyond groups hacking of companies from Brit-
traditional sources of attacks like China ain, China, Germany, the Philippines,
and Russia to deal with new or rising the United States and Vietnam. It did
threats. Smaller countries are now try- not analyze specific breaches in detail,
ing their hand at hacking, experts say, but it said one European manufacturing
as they seek to follow dissidents, under- company had been compromised in 2014
mine enemies or comb corporate files before building a factory in Vietnam. It
for trade secrets. also said that OceanLotus malware had
FireEye, a company based in Califor- been detected last year on the network
nia that deals with large network of a global hospitality developer that
breaches, said it had watched a Viet- was planning to expand into the country.
namese group known as OceanLotus Ben Wootliff, who oversees digital se-
target foreign companies in the manu- curity at the business consultancy Con-
facturing, hospitality and consumer trol Risks, said online crime was a risk
products sectors since at least 2014. for local and international companies in
While identifying hackers or the govern- Vietnam for a number of reasons, in-
JEAN CHUNG FOR THE NEW YORK TIMES ments that might back them can be diffi- cluding a rapid pace of digitalization and
Students at Yonsei University in Seoul. The youth unemployment rate in South Korea is nearly 10 percent, and the country is struggling with a low birthrate and an aging society. cult, FireEye said OceanLotus had used an improvisational business envi-
tactics similar to those in attacks previ- ronment. There is a lack of desire,
ously identified by experts as having awareness and capability to implement
person, and I think he will try his best, rate here is nearly 10 percent. needs to open up the market for en- the salon, said she was determined to Le Thi Thu Hang, a spokeswoman for the Vietnamese Foreign Ministry, said
but its a much bigger problem, said Gi- In a country with one of the lowest trepreneurs and prevent the chaebol pay off her husbands debt in a year. that the nation did not allow cyberattacks on organizations or individuals.
business
Losing the right to a new job who does an annual survey of noncom-
Noncompete clauses bind pete litigation, said the most recent data
showed that noncompete and trade-se-
even blue-collar workers cret lawsuits had roughly tripled since
so they cant get ahead 2000.
Companies of all sorts use them for
BY CONOR DOUGHERTY people at all levels, he said. Thats a
change.
Keith Bollingers paycheck as a factory Employment lawyers know this, but
manager had shriveled after the 2008 fi- workers are often astonished to learn
nancial crisis, but then he got a chance that theyve signed away their right to
to pull himself out of recessions hole. A leave for a competitor. Timothy Gonza-
rival textile company offered him a bet- lez, an hourly laborer who shoveled dirt
ter job and a big raise. for a fast-food-level wage, was sued af-
When he said yes, it set off a three- ter leaving one environmental drilling
year legal battle that concluded earlier company for another.
this month but wiped out his savings Phillip Barone, a midlevel salesman
along the way. and Air Force veteran, was let go from
I tried to get a better life for my wife his job after his old company sent a
and my son, and it backfired, said Mr. cease-and-desist letter saying he had
Bollinger, who is 53. Now Im in my signed a noncompete.
mid-50s, and Im ruined. Then there is Mr. Bollinger, whose
Mr. Bollinger had signed a noncom- long-running legal battle is full of twists
pete agreement, designed to prevent and turns that include clandestine pho-
him from leaving his previous employer tography, a private investigator, a mys-
for a competitor. These contracts have terious phone call and courthouse vic-
long been routine among senior execu- tories later undone by losses in appeals
tives. But they are rapidly spreading to court.
employees like Mr. Bollinger, who do the This is the strangest noncompete
kind of blue-collar work that President case I have ever been involved with, or
Trump has promised to create more of. even heard of, said Michael P. Thomas,
The growth of noncompete agree- Mr. Bollingers lawyer and a partner at
ments is part of a broad shift in which Patrick, Harper & Dixon in Hickory, N.C.
companies assert ownership over work Alan B. Krueger, a Princeton econom-
experience as well as work. A recent ics professor who was chairman of Pres-
survey by economists including Evan ident Barack Obamas Council of Eco-
Starr, a management professor at the nomic Advisers, recently described non-
University of Maryland, showed that competes and other restrictive employ-
about one in five employees was bound ment contracts along with outright
by a noncompete clause in 2014. collusion as part of a rigged labor
Employment lawyers say their use market in which employers act to pre-
LYNDON FRENCH FOR THE NEW YORK TIMES has exploded. Russell Beck, a partner at vent the forces of competition.
Phillip Barone, a midlevel salesman, was let go from his job after his old company sent a cease-and-desist letter saying he had signed a noncompete clause. the Boston law firm Beck Reed Riden By giving companies huge power to
business
dictate where and for whom their THE RIGHT TO WALK AWAY
employees can work next, noncompetes In 2011, Timothy Gonzalez started work-
take a persons greatest professional as- ing as a labor hand for a company called
sets years of hard work and earned Singley Construction. He was 18 years
skills and turn them into a liability. old and already a father, and the extent
Its one thing to have a bump in the of his education was a high school equiv-
road and be in between jobs for a little alency test. In other words, he needed
while; its another thing to be prevented money and did not have many options.
from doing the only thing you know how Mr. Gonzalez started at a little over
to do, said Max Burton Wahrhaftig, an $10 an hour in a job he described as
arborist in Doylestown, Pa. pretty much shoveling dirt. Neverthe-
Mr. Wahrhaftig was threatened in less, he signed an employment contract
2013 by his former employer after leav- that included a noncompete clause, en-
ing for a better-paying job with a rival forceable for three years within 350
tree service. He was able to avoid a full- miles of Singleys base in Columbia,
blown lawsuit. Miss.
Noncompetes are but one factor atop All I heard at that age and the situ-
a great mountain of challenges making ation I was in was just, If you want a
it harder for employees to get ahead. paycheck, sign here, and so I signed
Globalization and automation have put there and went to work, said Mr. Gonza-
American workers in competition with lez, who is now 24 and lives in Milton,
overseas labor and machines. The rise Fla.
of contract employment has made it Mr. Gonzalez was later promoted to a
harder to find a steady job. The decline job where he operated an environmental
of unions has made it harder to negoti- drilling rig. After leaving the company
ate. two years ago, and subsequently taking
But the move to tie workers down a better-paying position with a competi-
with noncompete agreements falls in tor, Mr. Gonzalez was sued for violating
line with the decades-long trend in his agreement not to compete. His new
which their mobility and bargaining boss, Gary Hill, owner of Walker-Hill
power has steadily declined, and with it Environmental, an environmental
their share of company earnings. drilling company, said he ignored the
When a noncompete agreement is liti- suit for two weeks because he didnt be-
gated to the letter, a worker can be lieve it was real.
barred or ousted from a new job by court I said, Theres no way this will hap-
order. pen, but Ill be danged if I didnt have to
Even if that never happens, the threat attorney-up and fight the thing, said
alone can create a chilling effect that re- Mr. Hill, who settled the case out of
duces wages throughout the work force. court. Its ridiculous its slavery in
People cant negotiate when their the modern-day form.
company knows they wont leave, said Representatives of Singley Construc-
TRAVIS DOVE FOR THE NEW YORK TIMES
Sandra E. Black, an economics profes- tion declined to comment.
sor at the University of Texas at Austin. CONTINUED BELOW LEF T, PAGE 10 Keith Bollinger, a factory manager, was enmeshed in an agonizing legal battle with his former employer over a noncompete contract.
he was 14, and by his senior year of high Perhaps more important, the whole
school, he was the assistant manager of ordeal had caused a strain between
a local shoe store. TSG and its customers. The complaint
He didnt like retail, so in 1982, shortly said that one customer had asked TSG
after graduating, he took a job in the tex- to resolve the dispute in a way that al-
tile industry. lowed Mr. Bollinger to continue at his
He began in a position that entailed new job.
pulling the fabric off cardboard rolls, When a competitor has the opportu-
and worked his way up from there, one nity to poach that knowledge without
job to the next, hourly wages to a sala- making the investment in research and
ried position, until eventually he was the development, it gives them an unfair ad-
quality control manager for two plants vantage, which a three-judge panel
owned by a company called TSG Finish- agreed happened in this case, said Jack
ing. Rosenstein, TSGs chief executive, in an
TSG is a 115-year-old, family-owned emailed statement.
company that works with textile As with everything else in business,
manufacturers and others. It doesnt the case came down to money. TSG has
make fabrics but is an intermediary, accepted a $200,000 offer of judgment
treating them with chemicals and lam- from American and the other
inates, giving them special finishes and defendants, freeing Mr. Bollinger from
properties that make them fire resistant the lawsuit. Mr. Bollinger has found an-
and water-repellent. other manufacturing job elsewhere.
Mr. Bollinger, as quality control man- ALEX LAU FOR THE NEW YORK TIMES ADAM GLANZMAN FOR THE NEW YORK TIMES But the financial scars remain: Mr.
ager, worked with customers to make Timothy Gonzalez, an hourly laborer with a wage like a fast-food workers, was sued. Paul T. Dacier, an executive, cited the danger of losing trade secrets. Bollinger and his wife, Sandie, drained
sure they got what they wanted. Still, he their savings to pay the legal bill. They
said, the job was about learning a gen- have borrowed from friends and rela-
eral process, not absorbing any special- ing to bankruptcies and layoffs across noncompete was probably unenforce- About a year after the Appeals Court tives, and racked up $50,000 in credit
ized knowledge. the textile industry. I saw people get able. He assumed his defection wouldnt Noncompete agreements are decision, TSG filed an amended com- card bills and other debt.
I dont know how to make the goop, I laid off that I didnt think would ever lose go over well, so on the day he gave no- part of a decades-long decline plaint against Mr. Bollinger and others, Mr. Bollinger said the saddest part to
just know how to apply the goop, he their job, Mr. Bollinger said. tice, while his boss considered the rivals in workers mobility and alleging that he had quietly continued him is that such a small sum of money,
said. His pay shriveled, and by 2013, after offer, he quietly packed up his office and working for American even while the in- the $14,000 raise from American, could
TSG would disagree. The company TSG had gone into and out of bank- loaded things like his family pictures
bargaining power. junction was in place, and asking the have started the whole dispute.
declined to comment beyond an emailed ruptcy, he was on pace to make about and a framed B. B. King concert ticket court to prohibit him from working there During a recent interview, he talked
statement, but its lawsuit described Mr. $61,000, according to income statements into his car. It turned out to be a good ever again. about his last day at TSG and the emo-
Bollinger as instrumental to the com- he provided. Six miles away, however, idea; a few hours later, he was escorted forcement of the noncompete provision The new complaint cited evidence, tions of walking away from a plant
pany, and said he knew important de- the economic recovery was taking hold. off the property. in the manner articulated by TSG like photos of Mr. Bollingers wifes car where he had worked for two decades.
tails about things like pricing, proprie- The assets of Premier Finishing, a Two months later, he was served pa- would effectively bar Mr. Bollinger parked at Americans facility, and a That job, and the advancement that
tary processing methods and customer TSG competitor that had also fallen into pers at work: TSG had sued him for vio- from seeking employment anywhere in phone call TSG had received from a fe- came with it, had given him the means to
preferences. bankruptcy, were purchased by Ameri- lating his confidentiality and noncom- North America in the only profession he male who would not reveal her identity, raise a family, as well as middle-class
In 2007, in exchange for a $3,500 bo- can Custom Finishing, which was pete agreements, and had asked a court has practiced since graduating high who said Mr. Bollinger had continued to luxuries like the musical instruments in
nus and a $1,300 annual raise that owned by a chemist and entrepreneur to remove him from his job. The suit did school. work there. At one point, TSG hired a his house and the framed concert tickets
brought his salary to a little over named Gary Harris. not allege that Mr. Bollinger had stolen TSG appealed, however, and the private investigator to look into it. he hung on his office wall.
$70,000, Mr. Bollinger had signed an em- The two spoke, and eventually Mr. anything, but said he knew so much North Carolina Court of Appeals re- It is regretful that a great deal of If all they would have said is, Keith,
ployment agreement that included a Harris offered Mr. Bollinger a job and a about TSGs business that he would in- versed the decision. A little after that, money and resources have to be spent in we want to keep you, and we are going to
confidentiality clause and noncompete raise, to $75,000, a little above his pre- evitably disclose trade secrets that the Mr. Harris, Americans chief executive, our court system which could be other- reinstate your pay, he said, I would
agreement. The list of prohibited territo- recession pay. company wanted to protect. called Mr. Bollinger at home and told wise spent on employee raises or invest- have taken all that stuff out of my car
ries began with a list of states and ended Mr. Bollinger said American advised Calvin E. Murphy, a superior court him not to return to work. ing in new equipment to make us more and hung it back up in my office.
with North America. him to check his employment agree- judge, did not grant TSGs wish. In a My heart was broken, Mr. Bollinger competitive, Mr. Harris said in an
Then the financial crisis struck, lead- ment, and a lawyer he hired said that the written order, Judge Murphy said, En- said. emailed statement. Doris Burke contributed research.
..
12 | TUESDAY, MAY 16, 2017 THE NEW YORK TIMES INTERNATIONAL EDITION
business
gathering RUSSIA
$53-80
STEFAN WERMUTH/REUTERS ANDREW JACOBS/THE NEW YORK TIMES
MOSCOW
KAZAKHSTAN 1 BRITAIN: NUCLEAR POWER PLANT 2 AFRICA: RAILWAY
1 ROMANIA
China is financing more than a third China financed most of the $4 billion
$7-11
Russian president adds $7-11 of the $23.7 billion cost of the cost of Africas first transnational
Hinkley Point C nuclear power electric railway, which opened this
to his public repertoire, plant, on the Somerset coast of year and runs for 466 miles from
and Chinese respond fast IRAQ
IRAN
PAKISTAN
southwest England. The project, in
a major western economy, was
Djibouti to Addis Ababa, the capital of
Ethiopia. Chinese companies
CHINA
$7-11 added to the Belt and Road plan to designed the system and supplied
EGYPT
BY IVAN NECHEPURENKO $17-26 $11-16
give added prestige. train cars and also the engineers who
He has ridden shirtless on a horse in Si- $13-20 SAUDI ARABIA BANGLADESH built the line over a six-year period.
3
beria, piloted a hang glider with migra- $8-12
$7-19
tory birds, swum with dolphins, tossed INDIA
judo opponents, and dived into the $84-126 4 VIETNAM
PHILIPPINES
depths of Lake Baikal and the Black Sea. NIGERIA
THAILAND
$8-12
He is Russias president, Vladimir V. $12-18
Putin, and he added to his public reper- 2 $4-12
Opinion
Do Muslims have to be Democrats now?
Our other Wajahat Ali
option is Contributing Writer
a party
that has
embraced American Muslims face a choice: vote
Democratic, or vote themselves off the
anti-Muslim island. Thats how Haroon Moghul, the
views. author of the coming memoir How to
Be a Muslim, put it to me this month
and how many of my fellow Ameri-
can Muslim voters feel.
As Republicans have embraced an
extreme anti-immigrant, anti-Muslim
platform, has the Democratic Party
emerged as our only viable political
home?
As a Muslim, Id vote for Jesus, but
the Republicans wont let him in, and
the Democrats dont believe in him,
said Hussein Rashid, a professor of
religion at Barnard College, who con-
cedes that hes a tad bitter about his
political options. Like him, many
American Muslims cant imagine
voting for the Home Alone 2 actor
who trumpeted anti-Muslim bigotry all
the way to the White House. They also
support progressive policies, like
affordable health care and a living
wage. But privately, they adhere to
traditional values, believe in God and
think gay marriage is a sin, even
though an increasing number support
marriage equal-
ity.
Nearly every Can the pro-
person I talked gressive tent
to warned that stretch to include
them?
Democrats Sabir Ibrahim,
cannot take a Pakistani-
the Muslim American lawyer
vote for from the San
Francisco Bay
granted. Area, is skeptical.
Even though he
held his nose
and voted for Hillary Clinton, he per-
ceives a hostility from progressives
toward socially conservative sensibil-
ities.
MAURIZIO BRAMBATTI/EUROPEAN PRESSPHOTO AGENCY
As an example, he cited liberals
derision earlier this year when a news
report noted that Vice President Mike
Pence once said that he avoids dining gious fundamentalist. From many continued since the election. Hasan ing of Muslim voters, its not as if the sive values or even the existence of The scene at the
alone with women who arent his wife Republicans, I am asked, Why arent Minhaj recently received a standing Republicans will be getting our votes gay Muslims, feminist Muslims, people Womens March in
something some practicing Muslim you condemning extremism? or ovation at the White House back anytime soon. That leaves marrying outside their faith the Rome in January.
men do, too. The liberal ridicule, ac- What are you doing to fight the Is- Correspondents Association dinner Democrats or neither party. consequences, they imagine, will be Many American
cording to Mr. Ibrahim, results from a lamic State? as if I can magically after his blistering roast of Mr. Trump. Dalia Mogahed, director of research that their sons will abandon the reli- Muslims cant
narrow-minded dogmatism that de- uncover militants using my extremist Progressives are rallying behind Linda at the Institute for Social Policy and gion, engage in a threesome, and snort imagine voting
mands across-the-board acquiescence spidey sense. Sarsour, a Palestinian-American in Understanding in Washington, noted cocaine off a bar table on which Muslim Republican, but
to a certain set of cultural values. In liberal circles, I am apparently Brooklyn who was one of the that data shows that many Muslims women, with lower back tattoos, are are uncomfortable
Nearly every person I talked to only a safe, useful Muslim until they organizers of the Womens March. favored neither Mrs. Clinton nor Mr. dancing in stiletto heels. with Democratic
warned that Democrats cannot take find out I dont drink alcohol and I do It might seem like a kumbaya love Trump. On the other side, Fawzia Mirza, a positions.
the Muslim vote for granted. Even take my religion seriously. Ive heard: parade, but Im not convinced the halal Some liberals can show up also as gay storyteller born to Pakistani immi-
though there are only about three Oh, you pray? I thought you were Kool-Aid isnt still spiked with some extremists, said Imam Makram El- grant parents, said that, in her experi-
million of us, we live in critical battle- progressive a comment that seems fear. Amin of Minnesota, citing Bill Maher ence, many progressives still havent
ground states. (In Florida, Muslim to assume Im against womens rights, It was just nine years ago that work- as an example of a person who fails to met anyone who is queer and Muslim.
voters helped push George W. Bush to democracy, marriage equality and ers for the Obama campaign in Detroit see the layeredness of American For them, she says the worst night-
victory in 2000.) deodorant just because I fast during prevented two women in hijabs from Muslims. As a black Muslim American, mare is that Muslims will come in and
Many Muslims believe that any Ramadan. sitting behind the candidate, where Mr. El-Amin says hes not going to be hijabify their daughters.
embrace from the Democratic Party During the 2016 primary, it did seem they might appear in photographs. Two defined or forced to make decisions by One positive thing emerging from
today is just another pity invite given to me that Democrats were actually months before the 2008 election, I was those who make litmus tests. this political moment is that our respec-
by the popular kids to the freaks and slobbering over Muslims, including invited to a fund-raising event in Sili- Both progressives and Muslim com- tive communities are forced to confront
geeks so they can continue using us for those who are practicing and tradi- con Valley attended by Howard Dean, munities still need to question their issues like racism, sexism and anti-
homework, eating our mothers tan- tional. At one event, Bernie Sanders the chairman of the Democratic Na- own bubbles and orthodoxies. Muslim bigotry that have always ex-
doori chicken and wielding us as a club invited a young woman in a hijab to the tional Committee. I asked him why the Some practicing Muslims, like their isted but have been hidden under
to beat up Republicans. stage and promised to fight against all Democrats werent openly embracing Republican and progressive counter- toothless slogans promoting progress.
Muslims, among the most diverse forms of racism. The Democratic Muslim voters. Why? The elections parts, are unwilling to open their tent, Now we have to actually do the hard
religious community in America, still convention featured the Gold Star are just two months away, he said. fearing that if they accept everyone, work to achieve it.
seem to exist in two bland flavors: the parents Khizr and Ghazala Khan. Even though theres still an unpleas- then everything will fall apart. If reli-
angry progressive or the angry reli- This embrace of Muslims has ant edge beneath the Democrats court- gious communities accept progres- WAJAHAT ALI is a playwright and lawyer.
opinion
Members of the Kennedy family, including Ethel and Edward, applaud as the writer Czeslaw Milosz accepts the Robert F. Kennedy Human Rights Award in 1986.
opinion
tech
Open secrets
already been paid. Sometimes a pri-
FROM THE MAGAZINE
vate citizen is caught up in a viral
moment and learns that a great deal of
information about him or her exists
More and more, privacy online, just waiting to be splashed
across the news like the guy in the
is being seen as a luxury red sweater who, after asking a ques-
and no longer as a right tion in a presidential debate, had his
Reddit porn comments revealed.
BY AMANDA HESS But our digital dossiers extend well
beyond the individual pieces of infor-
mation we know are online some-
Recently I handed over the keys to my where; they now include stuff about us
email account to a service that that can be surmised only through
promised to turn my spam-bloated studying our patterns of behavior. The
inbox into a sparkling model of effi- psychologist and data scientist Michal
ciency in just a few clicks. Unroll.mes Kosinski has found that seemingly
method of instant unsubscribing from mundane activity like the brands
newsletters and junk mail was trusted and celebrities people like on Face-
by millions of happy users, the site book can be leveraged to reliably
said, among them the Scandal actor predict, among other things, intelli-
Joshua Malina, who tweeted in 2014: gence, personality traits and politics.
Your inbox will sing! Plus, it was After our most recent presidential
free. When a privacy policy popped up, election, the company Cambridge
I swatted away the legalese and Analytica boasted that its techniques
tapped continue. were instrumental in identifying
Last month, the true cost of Un- supporters, persuading undecided
roll.me was revealed: The service is voters and driving turnout to the polls
owned by the market-research firm on Donald Trumps behalf. All these
Slice Intelligence, and according to a little actions we think of as our pri-
report in The Times, while Unroll.me is vate business are actually data points
cleaning up users inboxes, its also that can be aggregated and wielded to
rifling through their trash. When Slice manipulate our world.
found digital ride receipts from Lyft in Years ago, in 2009, the law professor
some users accounts, it sold the ano- Paul Ohm warned that the growing
nymized data off to Lyfts ride-hailing dominance of Big Data could create a
rival, Uber. database of ruin that would someday
Suddenly, some of Unroll.mes trust- connect all people to compromising
ing users were no longer so happy. One information about their lives. In the
user filed a class-action lawsuit. In a absence of intervention, he later
blog post, Unroll.mes chief executive, wrote, soon companies will know
Jojo Hedaya, wrote that it was heart- things about us that we do not even
breaking to see that some of our users know about ourselves. Or as the social
were upset to learn about how we scientist and Times contributor Zeynep
monetize our free service. He stressed Tufekci said in a recent talk: People
the importance of your privacy and cant think like this: I didnt disclose it,
pledged to do better. But one of Un- but it can be inferred about me. When
ILLUSTRATION BY DEREK BRAHNEY
roll.mes founders, Perri Chase, who is a peeping Tom looks between the
no longer with the company, took a blinds, its clear what has been re-
different approach in her own post on vealed. But when a data firm cracks watchful eye. The novels protagonist, they called the right to ones per- emotional release and moments of business practices. In 2013, Facebook
the controversy. Do you really care? open our inboxes, we may never find Winston, begins to suspect that real sonality. passive reflection. We cradle it in bed, revoked users ability to remain un-
she wrote. How exactly is this shock- out what it has learned. freedom lies in those unwatched Now that our privacy is worth some- at dinner, on the toilet. Its pop-up searchable on the site; meanwhile, its
ing? Privacy has not always been seen as slums: If there is hope, he writes in thing, every side of it is being privacy policies are annoying speed chief executive, Mark Zuckerberg, was
This Silicon Valley good cop, bad an asset. The ancient Greeks, for in- his secret diary, it lies in the proles. monetized. We can either trade it for bumps in the otherwise instantaneous buying up four houses surrounding his
cop routine is familiar, and we spend stance, distinguished between the In the influential 1967 book Privacy cheap services or shell out cash to conjuring of desires. It feels like a Palo Alto home to preserve his own
our time surfing between these two public realm (koinon) and the pri- and Freedom, Alan Westin described protect it. It is increasingly seen not as private experience, when really it is privacy. Sean Spicer, the White House
modes of thought. Chase is right: vate realm (idion). In contrast to privacy as having four functions: a right but as a luxury good. When everything but. How often have you press secretary, has defended Presi-
Weve come to understand that privacy those public citizens engaged in po- personal autonomy, emotional release, Congress recently voted to allow inter- shielded the contents of your screen dent Trumps secretive meetings at his
is the currency of our online lives, litical life, humble private citizens were self-evaluation and intimate communi- net service providers to sell user data from a stranger on the subway, or the personal golf clubs, saying he is enti-
paying for petty conveniences with bits known as idiotai, a word that later cation. This modern understanding of without users explicit consent, talk partner next to you in bed, only to offer tled to a bit of privacy, and the admin-
of personal information. But we are evolved into idiots. Something simi- privacy as an intimate good grew up emerged of premium products that up your secrets to the data firm track- istration has cut off public access to
blissfully ignorant of what that means. lar is true of the English word pri- right alongside the technology that people could pay for to protect their ing everything you do? White House visitor logs, citing securi-
We dont know what data is being vacy. As Hannah Arendt wrote in threatened to violate it. At the end of browsing habits from sale. And if they The surveillance economy works on ty risks and privacy concerns. When
bought and sold, because, well, thats The Human Condition, privacy was the 18th century, the Fourth Amend- couldnt afford it? As one congressman such information asymmetry: Data- The New York Times reported that the
private. The evidence that flashes in once closely associated with a state of ment to the United States Constitution told a concerned constituent, No- mining companies know everything president takes counsel from the Fox
front of our own eyes looks harmless being deprived of something, and even protected Americans from physical bodys got to use the internet. Practi- about us, but we know very little about News host Sean Hannity, Hannity
enough: We search Google for a new of the highest and most human of searches of their bodies and homes. cally, though, everybodys got to. Tech what they know. And just as privacy indignantly tweeted that his conversa-
pair of shoes, and for a time, sneakers mans capacities. In the 17th century, One hundred years later, technological companies have laid claim to the public has grown into an anxious buzzword, tions were PRIVATE.
follow us across the web, tempting us the word private arose as a more advancements had legal minds think- square: All of a sudden, we use Face- the powerful have co-opted it in order Weve arrived at a place where
from every sidebar. But our informa- politically correct replacement for ing about a kind of mental privacy too: book to support candidates, organize to maintain control over others and public institutions and figures can be
tion can also be used for matters of common, which had taken on con- In an 1890 paper called The Right to protests and pose questions in debates. evade accountability. As we bargain precious about their privacy in ways
great public significance, in ways were descending overtones. Privacy, Samuel Warren and Louis Were essentially paying a data tax for away the amount of privacy that an were continually deciding individual
barely capable of imagining. And yet somewhere along the way, Brandeis cited recent inventions and participating in democracy. ordinary person expects, weve also people cant. Stepping into the White
When I signed up for Unroll.me, I privacy was recast as a necessity for business methods including instant The smartphone is an intimate de- watched businesses and government House is now considered more private
couldnt predict that my emails might cultivating the life of the mind. In photography and tabloid gossip that vice; we stare rapt into its bright light figures grow ever more indignant than that weird rash you Googled. Its
be strategic documents for a power- George Orwells 1984, the proles are they claimed had invaded the sacred and stroke its smooth glass to coax out about their own need to be left alone. a cynical inversion of the old associa-
hungry company in its quest for total spared a life of constant surveillance, precincts of private and domestic life. information and connect with others. It Companies mandate nondisclosure tion between private life and the lower
road domination. Such privacy costs while higher-ranking members of They argued for what they called the seems designed to help us achieve agreements and demand out-of-court class: These days, only the powerful
often become clear only after theyve society are exposed to Big Brothers right to be let alone, but also what Westins functions of privacy, to enable arbitration to better conceal their can demand privacy.
An order about to be shipped from Stitch Fixs warehouse in California. As traditional retailers struggle, their online rivals are planning expansions. Katrina Lake, founder of Stitch Fix. Data science plays a big part in choosing what to ship.
Wardrobes by mail
Should Stitch Fix go public, it would So far, Stitch Fix has found success Online retailers who sell luxury prod- an extensive form detailing style prefer- ture capital firm Benchmark, who sits
SAN FRANCISCO
be the biggest retail offering since Etsy where other online clothing start-ups ucts for less are undercutting sales at ences, clothing needs and price points. on Stitch Fixs board. The level of data
two years ago. Perhaps more important, have struggled. To the companys high-end department stores like The start-ups algorithms then churn science done at this company compared
BY MICHAEL J. DE LA MERCED
it would be a Silicon Valley rarity: a prof- founder, Katrina Lake, success comes Neiman Marcus. Nordstrom recently out a set of potential choices, which one to the incumbent set is incomparable.
AND KATIE BENNER itable company that did not raise money down to delivering what consumers announced layoffs and told investors it of its 3,400 stylists most of them part But that data-driven approach has
at a sky-high valuation, and one that want: making it easier to shop. plans to focus on e-commerce, despite time then tailors to the individual also been yoked to Ms. Lakes insistence
The retail landscape is littered with the could potentially tap the public markets Theres been a lot of innovation its Trunk Club write-down. And J. Crew, customer before sending out five items on running a financially healthy com-
casualties of changing consumer behav- at a price many times greater than its around being the cheapest or fastest, which has hundreds of stores around the in a package. Anything a customer does pany. Given her early troubles raising
ior. Shoppers are bargain hunting on- current value. she said in an interview at one of the country, has suffered three straight not want can be returned free of charge, money from outside investors, Ms. Lake
line, department stores are struggling, Stitch Fix is not the first company to companys warehouses south of San years of losses and is deeply in debt. and customers receive a 25 percent dis- worked toward becoming profitable
and once-mainstay brands are closing try this business model. Similar start- Francisco. In her view, what was impor- While early e-commerce start-ups count when they buy everything in the early.
out permanently. ups, from clothing rival Trunk Club to tant was helping customers find cloth- like One Kings Lane, Gilt Groupe and box. We had a lean plan and a lean-lean
Then there is Stitch Fix, a mail-order the cosmetics specialist Birchbox, have ing they liked without taking lengthy Fab were failures for investors, the cate- At the companys warehouse, Eric plan, Ms. Lake said of the business
clothing service that offers customers found a market mailing consumers a shopping trips and returning dozens of gory has picked up steam in the past few Colson, formerly a top data scientist at model.
little choice in what garments they re- grab bag of items and offering free re- items. years as traditional retailers have Netflix, spoke to the role that data sci- Stitch Fix declined to say what per-
ceive and shies away from discounts for turns for anything unwanted. Stitch Fix was founded in 2011 and was looked to start-ups to lift their busi- ence once the province of high-tech centage of items are returned.
brand name dresses, pants and acces- But many such start-ups have had initially run out of Ms. Lakes apartment nesses. Jet sold itself to Walmart for $3 giants plays in nearly every aspect of Yet the question remains whether
sories. trouble keeping costs down, and in Cambridge, Mass. At first the com- billion. the Stitch Fix business. customers who are initially thrilled by
Despite a business model that seems customers around. Nordstrom, which pany catered only to women, but it has Last year the subscription razor serv- Mr. Colson excitedly illustrated on receiving a customized box of clothing
to defy conventional wisdom, Stitch Fix bought Trunk Club in 2014 for a reported since expanded to offer mens clothing, ice Dollar Shave Club sold to Unilever whiteboards how the companys sys- will remain customers for months or
continues to grow. $350 million, wrote down nearly $200 plus sizes and maternity wear. for $1 billion. And the online pet store tems can narrow down a broad range of even years.
For the fiscal year that ended last million from the business value last Each box contains a handful of selec- Chewy.com was acquired by PetSmart, womens pants to a relative few that Lauren Rivellino, an optometrist in
July, the company recorded sales of $730 year. tions from trendy brands like Citizens of reportedly for more than $3 billion. each individual customer is statistically Charlotte, Va., was a Stitch Fix enthusi-
million. It has been profitable since 2014 Those businesses have mostly strug- Humanity, Scotch & Soda and Barbour. Some start-ups have also moved away likely to keep. ast when she subscribed in 2015. She
and has raised just $42 million from out- gled to grow and remain profitable over Up next is a luxe offering featuring from models that compete for Customers say, This thing you loved trying clothes on at home rather
side investors, a relatively modest sum a long period of time, said Mark Cohen, clothes from higher-end labels like The- customers on price or rely on fads, like picked out for me, I would never have than a poorly lit dressing room, and
for a high-flying Silicon Valley start-up. a professor at Columbia Business ory, with price tags going from $150 to flash sales, for traction. picked it out for myself, he said. most items were flattering and reflected
And while Stitch Fix executives say School who previously served as chief about $500 per item. Stitch Fixs pitch is straightforward Algorithms have even cut the number her style.
they have no specific plans to go public, executive of Sears Canada. Will a loy- Expansion plans like that drive home enough: Trust the company to pick out of steps needed for workers to pick out But a year later, Ms. Rivellino stopped
the company is well positioned to file for alist want to receive this every month? the diverging fortunes of struggling tra- your tops, bottoms, shoes or accessories clothes for individual clients. using the service. I really have nothing
an initial public offering as soon as this Is anyone interested in consuming this ditional retailers and fast-growing on- for you. Some people call this the Moneyball bad to say about them, she said in a re-
year. much apparel and accessories? line rivals. When customers sign up, they fill out of fashion, said Bill Gurley of the ven- cent email. I just dont shop a lot.
..
THE NEW YORK TIMES INTERNATIONAL EDITION TUESDAY, MAY 16, 2017 | 17
Sports
Teams brace for Olympics without N.H.L. players
I wouldnt say that any other country
PARIS
has an advantage, Prospal said. I
would actually say that Czechs will be
BY SALIM VALJI the ones to have the advantage because
AND JULIE ROBENHYMER we dont have as many players in the
N.H.L. as we used to.
Mens Olympic hockey teams are pre- Although the N.H.L. said the door was
paring for life without N.H.L. players. closed regarding player participation in
With about nine months until the Win- Pyeongchang, the International Ice
ter Games begin in Pyeongchang, South Hockey Federation remains hopeful
Korea, national hockey federations are that a deal can be reached. At a news
grappling with how to build their rosters conference in Paris last Tuesday, Ren
after the N.H.L. announced last month Fasel, the federations president, restat-
that it would not release its players for ed his hopes to have the worlds best
the Olympic tournament. players in South Korea.
Eleven of the 12 teams that qualified Im an optimistic guy, Fasel said.
for the 2018 Winter Olympics are partici- If N.H.L. players do not participate in
pating in the mens hockey world cham- the Olympics, the fans will not be
pionship in Paris and Cologne, Ger- happy, he added. The players will not
many, which ends Sunday. It is the last be happy. I hope you media will not be
major international tournament before happy. And the whole world will not be
the Pyeongchang Games. happy.
Vaclav Prospal, an assistant coach for Fasel also revealed that the federa-
the Czech Republic, said the N.H.L.s de- tion was engaged in talks with the
cision on the Olympics was going to N.H.L. Players Association and its ex-
change the entire thing. ecutive director, Donald Fehr. The two
We need to react to the situation, he communicate several times per week.
added. Last month, the union said it ad-
At the 2014 Olympics in Sochi, Russia, amantly disagreed with the N.H.L.s
17 N.H.L. players were on the Czech ros- shortsighted Olympic decision.
ter. Now the Czechs may be concentrat- N.H.L. owners and officials do not like
ing their scouting efforts on the Czech shutting down the league for a few
Extraliga, the Kontinental Hockey weeks during the Olympics and expos-
League, the Swedish Elite League and ing their best players to the risk of injury
the Finnish Elite League. halfway around the world. The league
Prospal said players in the Czech Ex- has sought financial, marketing and
traliga should be more motivated, given sponsorship concessions from the Inter-
the roster spots that could be available national Olympic Committee.
come February. We are trying to find a way to con-
Germany was among the last teams vince Gary to change his opinion, Fasel
to qualify for the Olympics, taking ad- said of Gary Bettman, the N.H.L. com-
vantage of a change in format that al- missioner.
lowed N.H.L. players to participate in But Fasel conceded that the Interna-
the qualifying tournament in Septem- tional Ice Hockey Federation was pre-
ber. But several players who helped paring for the Olympics without N.H.L.
Germany make it to South Korea will not GRIGORY DUKOR/REUTERS players. He suggested that the N.H.L.s
be going there with the team. A game between Norway and Slovenia last week in Paris in the world championship. Slovenia has only one N.H.L. player, and he is not playing in the tournament. loss would be a boon for the Russia-
I feel we would be more competitive based Kontinental Hockey League,
if our N.H.L. players were available, of which has 29 teams across eight coun-
course, but the players playing in Ger- end, were going to have a very competi- ent from its probable roster in Slovenia is that they have fewer non- the second time, was in a tough position. tries, including China.
many or other parts of Europe, they see tive team, said Jim Johannson, USA Pyeongchang. In countries like the N.H.L. players than countries like Swe- Our range for the national team is On the other side, what we will do if
a chance and a challenge for themselves Hockeys assistant executive director of United States and Canada, Olympics den, Finland, Russia and Canada. Ac- very small, Zupancic said. Were lucky the N.H.L. is not coming for sure, we will
that maybe they didnt see before with hockey operations. Its just tough today teams were made up entirely of N.H.L. cording to the International Ice Hockey because, except for one player, every- work with China and the K.H.L. that is
the opportunity to go to the Olympics, to be able to say, This is our core, be- players. Slovenia has only one N.H.L. Federation, Slovenia has just over 1,000 one else plays outside the country. That present in China, Fasel said.
said Franz Reindl, president of the Ger- cause we just dont know who is even go- player: the captain of the Los Angeles registered hockey players a far cry brings us quality in the national team.
man ice hockey federation. Its not our ing to be available to us at the moment. Kings, Anze Kopitar and he did not from the nearly 640,000 in Canada. Prospal said the Czechs would send a Salim Valji reported from Paris, and Ju-
decision, but we have to live with it. But for teams like Slovenia, not much come to the world championship. The Slovenia coach, Nik Zupancic, ac- quality team to South Korea, regardless lie Robenhymer from Cologne, Germany.
The good news is, we have a lot of will change in the selection process. The challenge for smaller hockey na- knowledged that his team, which will be of whether it has N.H.L. players at its Allan Kreda contributed reporting from
players, and were confident that in the Slovenias roster in Paris is not so differ- tions like the Czech Republic and participating in the Olympics for only disposal. Greenburgh, N.Y.
WIZARD of ID DILBERT
(c) PZZL.com Distributed by The New York Times syndicate
Created by Peter Ritmeester/Presented by Will Shortz
and shaded 3x3 to repeat a digit in any row or London Fields an oath of office
column, and so that the digits
1 Whole slew
box contains
17 18 19
within each heavily outlined box 28 Short dance wear 49 Segment of a binge-
5 Outer protein shell of
each of the
will produce the target number
watch
a virus 29 Rode the bench 20 21 22
numbers
1 to 9 exactly shown, by using addition, 11 Verve 30 Whopper inventor
50 Prince Williams mom
KenKen is a registered trademark of Nextoy, LLC. 21 Smoked marijuana 42 Evelyn Waughs writer 60 Divergent actor
Copyright 2016 www.KENKEN.com. All rights reserved. brother James 45 46 47 48
23 Word repeated in
Ring Around the 43 Laborious Down 49 50
Rosy before We all task 1 Places where oysters
Answers to Previous Puzzles fall down are served 51 52 53 54
44 Salad green
24 MISSOURI + E = 45 NEBRASKA + T = 2 Victim of river
55 56 57
No fooling! diversion in Asia
Mortgage
26 Interpret specifications 3 Professional headgear 58 59 60
thats stereotypically
Solution to May 15 Puzzle red PUZZLE BY BRUCE HAIGHT
P E A R E B O N Y M O R A L 4 Got some sun 13 Prepares to shoot 33 Shaving mishaps 44 Curious George
A R I A B E N E S A M A Z E 5 Fleeces near the basket, say
34 English johns books, e.g.
C A M I N O R E A L Y E N T A
S O L E S G O E S 6 S. Amer. home of the 18 Phishing targets,
briefly 35 Chicago squad in old 46 Honor with insults
P R I V A T E E N T R A N C E tango
S.N.L. skits
A L A N C L O N E S 7 Ballet step 22 Scatterbrained 47 Charge for a plug?
R E S E N D S L O O M S P A 36 Passes by
8 Straight downhill run 24 Muslim leader 48 Complete block
C A P T A I N F A N T A S T I C 37 Hunters freezerful,
S T Y G A U L S E X T A N T
on skis 25 One-in-a-million
event maybe 50 SoCal force
F A R C E S A N T S 9 You win, alternatively
Q W E R T Y K E Y B O A R D S 27 Affected manner 39 Infantile 53 Big inits. in the
10 Put off
A H M E D E A N S 40 Finished! aerospace industry
11 Get dog-tired 30 [You crack me up]
T O A S T I N N E R C H I L D
A L I C E S C E N E I D E A 31 Understood, dude 41 View, as the future 54 Nod from offstage,
12 Neither here nor
R E L A X T O Y E D P O N Y there? 32 A Bobbsey twin 43 Rears of ships maybe
..
18 | TUESDAY, MAY 16, 2017 THE NEW YORK TIMES INTERNATIONAL EDITION
Culture
A stage for Hirst (and a Biennale, too)
VENICE
most of the major sculptures in the show The Diver, inspired by a Francis Bacon painting, is in Damien Hirsts new show, Treasures From the Wreck of the Unbelievable, in Venice. A Canadian collector said he had bought a version for about $2 million.
are available in three versions: Coral
(as if just retrieved from the sea), Treas-
ure (as if just restored) and Copy (like a Body, new and recent sculptures by the for sale. This says call me, Alain Ser-
museum reproduction), each made in Canadian artist Evan Penny. One of the vais, a collector in Brussels, said last
an edition of three, with two extra re- many unofficial collateral shows in week at the Viva Arte Viva exhibition
served for the artist. No real coral is Venice, Ask Your Body features hy- in the Central Pavilion in the Giardini.
used in the exhibition. The bronzes were per-realistic pigmented resin imagin- Mr. Servais was pointing to a label with
cast by the Pangolin Editions foundry in ings of the human body in varying states the telltale combination of Courtesy of
western England, and the marbles of decline and distress. The life-size the artist and the name of a sponsoring
carved in the Carrara region of Italy. The sculpture Marsyas, informed by a cel- commercial gallery.
largest bronzes are priced at more than ebrated Titian painting, is priced at Pretty well everything is for sale
$5 million; a 4-foot-long white marble $325,000. here, Mr. Servais added.
Sphinx in the Copy format is $1.5 mil- Were happy our neighbor is Da- Unlike the pattern at a mainstream
lion. mien, said Yves Trpanier, the gallerys art fair, curation this year in the hands
Mr. Hirsts showmanship and chutz- founder, adding that the works of Mr. of Christine Macel rather than com-
pah have turned this extravaganza of Penny and Mr. Hirst play off each other merce is the prime consideration of the
post-truth art into one of the great in interesting ways. Venice Biennale.
love-it-or-hate-it exhibitions of recent The London dealer Victoria Miro Ms. Macel invited 120 artists to con-
years. staked a more permanent claim in tribute to her main group show at the Gi-
Its virtuosity and a big workshop, Venice last week, opening a gallery ardini and the Arsenale, but with a budg-
said Susanne Titz, director of the there with a show of 22 works on paper et of about $14.2 million, the Biennale re-
Abteiberg Museum in Mnchenglad- by Chris Ofili, the artist who repre- lies on dealers to fund these
bach, Germany. Hes supersmart, but it sented Britain at the 2003 Venice Bien- presentations.
is cynical. nale. The African-American artist Senga
Critical opinion of the show is divided, Is it counterintuitive for a major inter- Nengudi was among 40 selected for the
but has Treasures drawn enough national gallery to open a branch in a Giardini component of Viva Arte Viva.
buyers to become a commercial suc- city as underpopulated and over- Best known for her pantyhose sculp-
cess? Franois Odermatt, a collector touristed as Venice? tures from the 1970s, Ms. Nengudi, 73, is
from Montreal, is one such customer. Artists love coming here, Ms. Miro showing a new installation and wall
Its a fantasy; the ideas are bril- said, and theyre queuing up to exhibit pieces combining industrial metal with
liantly audacious, said Mr. Odermatt, in this space. The art world is so global her trademark pantyhose medium.
who, like others, bought works after be- now. These were priced on request at about
ing shown images on an iPad by Mr. Titled Poolside Magic, the inaugural $120,000 to $250,000.
Hirsts dealers. FRANCESCO ALLEGRETTO, VIA VICTORIA MIRO GALLERY show at Victoria Miro Venice consists of Martin Bethenod, director of the
Mr. Odermatt said he paid about $2 Poolside Magic, the inaugural show at Victoria Miro Venice, features the British painter Chris Ofili. vibrantly colored mixed-media draw- Venice museums hosting the Hirst
million for a color-patinated Coral ver- ings that evoke the exotic atmosphere of show, said that there was something ap-
sion of The Diver, a 16-foot-high bronze Trinidad, where Mr. Ofili lives and propriate about Treasures being at
sculpture inspired by a Francis Bacon been bought. one of a number of events in Venice look- runs through Nov. 26. works. Prices range from about $50,000 the Punta della Dogana, a former mer-
painting, now on display at the Punta Mr. Hirsts dealers, Gagosian and ing to gain the attention and perhaps Near the Palazzo Grassi, in the church to $100,000. cantile customs house.
della Dogana. He said he had also tried White Cube, have declined to comment open the wallets of the thousands of of San Samuele, the Calgary, Alberta, The market is more discreet at the Bi- Venice has always been a city of art
to buy two other sculptures, but that the on sales. collectors, curators and museum direc- gallery Trpanier Baer and the curator ennale itself, but collectors who learn and trade. In 2017, the two are more
editions of those pieces had already Mr. Hirsts blockbuster show is just tors who flock to the Biennale, which Michael Short are presenting Ask Your the codes are aware that there is plenty closely entwined than ever.
culture
Stevens, an acting coach, since 2008, Misty Copeland, outside American Ballet Theater. As she gets older, she seeks even more depth in her acting. NO THANKS, BROADWAY
when she received the Leonore Annen- If Ms. Copeland seems particularly at-
berg Fellowship in the Arts. Their first tentive to her emotions, its because her
project? Gulnare in Le Corsaire, life has been placed under a microscope.
which shell reprise this season. In ballet, she is that rare thing a celeb-
She wasnt always aware of her talent rity. She knows Barack Obama. On two
for acting, but Mr. McKenzie brought it recent days off, she spoke at Harvard
to her attention after she performed University and filmed a Dannon com-
Twyla Tharps Sinatra Suite, before mercial. But she maintains her devotion
she was promoted to soloist in 2007. to ballet, even though, as she put it,
Youre changing character from song Spike Lee will not leave me alone.
to song, she said. It was a good chal- Broadway is calling, too; she isnt in-
lenge for me to be able to do that: to be terested. People dont understand that
romantic and be sassy and have empa- this is a full-time job, she said. Its
thy, but be strong. That was the first what Ive worked on my whole life, and
time that I realized, oh, this could be Im not going to throw it away because I
something that Im good at. can make some money and do a couple
of Broadway shows.
BRAVEHEART She doesnt have time to waste. Body
Misty clearly has an aptitude for maintenance is also something of a full-
acting, Mr. Stevens said. Ballet in time job; another reason she has trouble
some ways is so competitive that its not with fouetts is physical. She turns on a
unusual for dancers to forefront their leg that has a plate screwed into it to pre-
strengths and background their weak- vent more stress fractures, to which she
nesses. She goes right there and isnt is susceptible.
afraid. In other words, fouetts hurt. She is
And that bravery serves a purpose. KHALID AL-BUSAIDI DOLLY FAIBYSHEV FOR THE NEW YORK TIMES cross-training to strengthen her ham-
For Ms. Copeland, becoming invested in Ms. Copeland with Alban Lendorf in Giselle at American Ballet Theater. Ms. Copeland preparing for Don Quixote with her acting coach, Byam Stevens. strings and her glutes, hoping that it will
her characters helps her get through ease the pain in her shins.
highly technical parts. Its making the Don Q is just so much jumping!
character, she said, so much more im- meet, the process is the same: First, going crazy, its so pretty. Just be ugly. in love with Albrecht, a nobleman in dis- But I dont think shes stupid. Ms. Copeland said, with an anguished
portant than the steps. they talk about the character and the guise when she learns of his decep- She also wants to tackle the mad laugh. Youre counting the jets.
While not an official member of the ballet in great detail. Then we get to a ROLE CALLS: KITRI AND GISELLE tion, she goes mad and dies Ms. scene as a progression. The town, she But Ms. Copeland will figure Kitri out.
coaching staff, Mr. Stevens has a history point where well just watch a video of Im still trying to find Kitri, Ms. Copeland knows one quality she will said, has witnessed Giselles humilia- Shell act her way through it, and if she
of working with Ballet Theater dancers, someone doing it and break down the Copeland said. Im just not there yet. steer clear of: childlike. tion. She cant believe that this is going focuses hard enough, real life will take
dating back to Mr. McKenzie, whom he steps, Ms. Copeland said. What are The high-spirited Kitri was the first I think shes a little bit more with it, to be the rest of her life, Ms. Copeland over, as it did when she was performing
coached as Romeo in his dancing days, you saying there? This gives me differ- role that Ms. Copeland fantasized about she said. Shes in denial about the reali- said. Shes always going to be that girl Juliet recently at La Scala Ballet.
and Susan Jaffe. (He also works with the ent options and things to think about. performing as a young dancer. Its not ties of her life. Shes not a peasant, and that this happened to. I think her ques- That was the first time that it truly
current members Isabella Boylston, And the last step is hell come into the super deep or doesnt seem that way, shes not royalty, so she has this weird tion is: How do I get out? How do I es- hit me about Princes passing, said Ms.
Devon Teuscher and Cassandra Tre- studio with me. His thing is youre not to she said, and now with all of the experi- in-between fairy-tale life. She knows cape this? Thats what pushes her to go Copeland, who was close to the musician
nary, and in the fall will begin to work be afraid of being ugly, which is hard for ences Ive had, its hard for me to go to somethings off about Albrecht, but she over the edge. and performed with him. I always try
with Ballet Theaters Studio Company.) dancers to do. that. It feels very phony, and I hate that. refuses to accept that because hes read- Mr. Stevens said such an approach to make my acting as realistic as possi-
Ms. Copeland and Mr. Stevens dont She laughed and, referring to Giselles Im trying to make her seem real. ing her poetry, and its making her feel a plays to Ms. Copelands strengths. ble, but I remember having that thought
keep a regular schedule, but when they mad scene, added: Even when youre As for Giselle, the young girl who falls certain way. So shes kind of removed. Misty doesnt do coy very well, he in that moment and just weeping.
travel
the last Monday morning of September, Last year, the Keisers bought another sation, said Sand Valley was one of those
ar eth ov
I didnt know what to expect. A couple 7,000 acres, setting it aside in a land con- relatively rare sites that feels like golf
r. g
months earlier, I had made a reservation servation easement. Ultimately they in a natural state. You can lay it out
sm m le
by email to play that afternoon, spend hope to return at least 100,000 acres to pretty quietly on the land to bring the
so uzz
the night at one of the new rooms that their natural state. Golf and restoration golf course to life.
were supposed to have opened, and then will have a symbiotic relationship at The course, he said, is intended to ap-
P
.
id
o
play again the next morning before Sand Valley, he said. The success of peal to players of any caliber, particu-
dr
An
moving on to Minneapolis. Where we the golf resort will feed the expansion of larly those with average skills. When he
on
so
would go for dinner was an open ques- the restored landscape. and Mr. Crenshaw started designing
al
w
tion. That afternoon, when I stood on the golf courses decades ago, everybody
No
Our GPS device led us astray, and as first tee, at a high point that the was trying to build courses to test the
we wandered around the countryside of developers call the Volcano, the end- best players.
Crossword
Save 50% when you subscribe now.
nytimes.com/solvenow
The professional golfer Luke Donald hitting out of a bunker during the 2010 P.G.A. Championship, which was held at Whistling Straits
in Kohler, Wis. It is another high-profile course that features links-style play in the state.