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Category Archives: Legal Research

The 30-Year Mortgage Wasn’t Designed for Climate Chaos

Bloomberg: “…A different kind of perfect storm had hit the Pelleys: volatile weather, a country failing to keep up with rising flood risk and a mortgage industry writing loans without considering the future of the environment around the home. Homeowners in Florida and California have already been trying to reconcile their mortgage duration and dwindling insurance options with neighborhoods that may not live to see 30 years. In a nation where long-term loans are the gateway to homeownership for most families, climate change is rewriting the basic assumptions about risk.  The lending industry relies on insurance to absorb some of the risk of mortgages failing. And the insurance industry is largely predicated on the idea that if a home is damaged or destroyed, a comparable structure should be rebuilt on the same spot. This model will have trouble accommodating land changed beyond recognition, no longer able to host a dwelling.  As the chairman of the Senate Budget Committee, US Senator Sheldon Whitehouse has been outspoken about the rising costs associated with climate change. “The fundamental problem here is that you have properties that in a fixed period of time are going to have no real value because of the risk of fire or flood,” says Whitehouse, a Democrat from Rhode Island who sits on the Environment and Public Works Committee.  Economists are beginning to sound warnings, urging the mortgage industry and insurers to face the risky reality that annual insurance policies cannot always be reconciled with 30-year loans. But the big business of housing hasn’t adopted climate underwriting. There’s no high interest rate penalty for buying in an area that’s a fire risk. There’s no climate credit score    The industries responsible for making sure homes keep selling are not adequately accounting for the rising but often invisible climate risk threatening American homes. That means the soaring costs due after a major weather event will land on individual consumers — and, eventually, the federal government. This feedback loop will intensify as disaster recovery costs soar and government-sponsored enterprises (GSEs) must backstop more failed mortgages.  “The risk is not borne by the entity that originates the loan,” says Benjamin Keys, a professor of real estate and finance at the University of Pennsylvania’s Wharton School. “The risk is borne by the US taxpayer.” And, like the Pelleys, some of those taxpayers will be left to rebuild their lives and homes on their own.  Somewhere in the backwaters of Wall Street, the Pelleys’ home loan, on a house that no longer exists, is bundled together with thousands of others into a financial instrument called a mortgage-backed security. The entire system is de facto nationalized, buoyed by the federal government via the Federal Housing Finance Agency. That agency oversees Fannie Mae and Freddie Mac, which back 58% of home loans in the US. Additionally, 22% of outstanding residential mortgages are backed by agencies like the Federal Housing Authority, Rural Housing Authority, and VA. These enterprises chug along quietly, siphoning up mortgages. The FHFA system, which is only for residential loans, is the outcome of the too-big-to-fail financial crisis in 2008, where the federal government stepped in to prevent the housing crisis from bankrupting the nation…”

Arkansas Law Criminalizing Librarians Ruled Unconstitutional

AP: “A federal judge on Monday struck down key parts of an Arkansas law that would have allowed criminal charges against librarians and booksellers for providing “harmful” materials to minors. U.S. District Judge Timothy Brooks found that elements of the law are unconstitutional. “I respect the court’s ruling and will appeal,” Arkansas Attorney General Tim… Continue Reading

The battle over copyright in the age of ChatGPT

Boston Review: “Questions of AI authorship and ownership can be divided into two broad types. One concerns the vast troves of human-authored material fed into AI models as part of their “training” (the process by which their algorithms “learn” from data). The other concerns ownership of what AIs produce. Call these, respectively, the input and… Continue Reading

Review of DOJ Process to Obtain Records of Members of Congress, Media

DOJ Oversight and Review Division 25-01. Redacted For Public Release. A Review of the Department of Justice’s Issuance of Compulsory Process to Obtain Records of Members of Congress, Congressional Staffers, and Members of the News Media: “In the spring and summer of 2017, CNN.com (CNN), The New York Times, and The Washington Post published articles… Continue Reading

Senate Judiciary Committee Investigative Report on Ethical Crisis at the Supreme Court

The culmination of a 20-month investigation, the staff report features new information and a comprehensive analysis of the ongoing ethics challenge at the Supreme Court. The Senate Judiciary Committee, chaired by U.S. Senate Majority Whip Dick Durbin (D-IL), released the findings of its 20-month investigation into the ethical crisis at the Supreme Court, including the… Continue Reading

The Breachies 2024: The Worst, Weirdest, Most Impactful Data Breaches of the Year

EFF: “Every year, countless emails hit our inboxes telling us that our personal information was accessed, shared, or stolen in a data breach. In many cases, there is little we can do. Most of us can assume that at least our phone numbers, emails, addresses, credit card numbers, and social security numbers are all available… Continue Reading

What is your digital footprint and how can you protect it?

Proton VPN Blog: “Whenever you do something online, you leave a trail of information behind that can be used to uniquely identify and track you. This is your digital footprint(new window). In this article, we’ll look at: What is a digital footprint? Digital footprint examples Why does your digital footprint matter? How to check your… Continue Reading

Every AI Copyright Lawsuit in the US, Visualized

Wired: “WIRED is following every copyright battle involving the AI industry—and we’ve created some handy visualizations that will be updated as the cases progress. In May 2020, the media and technology conglomerate Thomson Reuters sued a small legal AI startup called Ross Intelligence, alleging that it had violated US copyright law by reproducing materials from… Continue Reading

Publishers Battle for the C-Suite

The New York Times [unpaywalled] – “Numerous media outlets, looking for new lucrative lines of business, are pursuing newsletters and events aimed specifically at top executives. When the digital news start-up Semafor began in 2022, its founders talked about reaching a vast global audience of 200 million college-educated, English-speaking people. But their latest push is… Continue Reading