The terms of his 1.5 billion yen bail (that's $13.8 million) required that he remain in Japan in advance of his trial, set for 2020. Deemed a flight risk, Ghosn's three passports were confiscated, held by his defense team in order that he could not leave the country. Even then, he was placed under strict surveillance and he was subject to restrictions on his use of phones and computers.
If he couldn't leave his Tokyo apartment to buy a carton of milk without someone knowing about it, how on earth did he just manage to flee the country?
In the absence of hard facts, there has been plenty of speculation. Among the more outlandish theories to be raised in Lebanese media was that he was smuggled out in a box designed for musical instruments, after a private performance at his home by a Gregorian music ensemble.
Or, were the circumstances of his escape more prosaic, and did he give Japan the slip with the aid of a fake passport, as the French news journal Les Echos reported? (One of the three passports held by Ghosn was French.)
Whatever the truth -- and Ghosn himself did not elaborate in a statement attacking the "rigged Japanese justice system" -- such an escape would have required elaborate planning, and not inconsiderable resources. Junichiro Hironaka, the lawyer who represents Ghosn, said he must have had the help of a "large organization" to have fled.
What seems certain is that, somehow or other, he evaded surveillance in Tokyo. Ghosn certainly has form for disguising himself: When he left jail after being freed on bail, he left court dressed as a maintenance worker, in an apparent effort to evade the gathered media. (It wasn't successful.)
Then comes the question of how he left Japan. The Wall Street Journal said Ghosn made it to Lebanon via Turkey, a version of events corroborated by French outlet Les Echos, among others. This was backed up by data from flight tracker Flightradar24, which shows a private jet flying from Osaka, Japan, to Istanbul, Turkey, and then another continuing to Lebanon at the time Ghosn is said to have arrived in the country.
Whatever the manner of his departure from Japan, his arrival in Lebanon -- where he grew up after his family moved from Brazil -- appeared a great deal more conventional.
Ghosn arrived in Beirut as the day broke on Monday, apparently landing from Turkey without so much as a raised Lebanese eyebrow. "Carlos Ghosn entered Lebanon at dawn yesterday legally," Lebanon's ministry of foreign affairs said in a statement reported by the country's national news agency. "The circumstances surrounding his departure from Japan and entry into Beirut are unknown and all chatter about it is a private matter [pertaining to Ghosn]," the statement said.
Surprise and anger in Japan
In Japan, meanwhile, there was consternation. Hironaka told reporters Tuesday that his client's flight from Japan was a "complete surprise."
"We are puzzled and shocked," he said, explaining that Ghosn didn't have his passports and "could not possibly use them."
Masahisa Sato, a lawmaker with Shinzo Abe's ruling Liberal Democrat Party (LDP), said Ghosn had plainly jumped bail. "If this is true, it was not 'departing the country,' it was an illegal departure and an escape, and this itself is a crime," he said, according to AFP.
"Was there help extended by an unnamed country? It is also a serious problem that Japan's system allowed an illegal departure so easily," said Sato, a former minister of state for foreign affairs.
There was fury in France, too, where Ghosn had engineered a complex and sometimes uneasy alliance between Nissan, Mitsubishi and the French automaker Renault. The French government was "very surprised" that Ghosn had left Japan, economy secretary Agnès Pannier-Runacher told France Inter radio. Ghosn is "not above the law," she said, adding that "if a foreign citizen fled French justice we would be really angry."
Safe in Beirut, Ghosn released a statement, saying that he had "not fled justice -- I have escaped injustice and political persecution." He's unlikely to be forced to return: Lebanon does not have an extradition treaty with Japan. In any case, Lebanon has plenty of problems of its own -- the country is in the throes of a political and economic meltdown, and entering into a complex extradition process is likely to be low down on its list of priorities.
In his statement, Ghosn said he looked forward to communicating "freely" with journalists starting next week.
Perhaps he might elaborate on how pulled off the escape of the decade.
New Year’s Day 2020 is on Wednesday Jan. 1, 2020. Traditions include attending parties, watching fireworks and making resolutions for the new year.
In 46 B.C., emperor Julius Caesar initiated Jan. 1 as the first day of the year. It was partly to honor the month’s namesake, Janus, the Roman god of beginnings. Pope Gregory XIII reestablished Jan. 1 as New Year’s Day in 1582.
Here is everything you need to know about what’s open and what’s closed on New Year’s Day 2020.
Most malls will be closing early, but will still be open to offer deals to kick off the New Year. Here are New Jersey mall hours on New Year’s Day 2020:
Bridgewater Commons — 10 a.m. – 7 p.m.
Brunswick Square Mall — 10 a.m. – 6 p.m.
Cherry Hill Mall — 10 a.m. – 7 p.m.
Cumberland Mall — 10 a.m. – 6 p.m.
Deptford Mall — 10 a.m. – 6 p.m.
Freehold Raceway Mall — 10 a.m. – 6 p.m.
Hamilton Mall — 10 a.m. – 6 p.m.
Hudson Mall — 10 a.m. – 7 p.m.
Livingston Mall — 11 a.m. – 7 p.m.
Menlo Park Mall — 10 a.m. – 7 p.m.
Marketfair Mall — 11 a.m. – 5 p.m.
Monmouth Mall — 10 a.m. – 6 p.m.
Moorestown Mall — 11 a.m. – 6 p.m.
Newport Centre — 10 a.m. – 9:30 p.m.
Ocean County Mall — 10 a.m. – 6 p.m.
Paramus Park Mall — 10 a.m. – 6 p.m.
Phillipsburg Mall — 10 a.m. – 6 p.m.
Quaker Bridge Mall — 10 a.m. – 9 p.m.
Rockaway Townsquare — 10 a.m. – 8 p.m.
Short Hills Mall — 10 a.m. - 6 p.m.
The Mills at Jersey Gardens — 10 a.m. - 7 p.m.
The Shops at Riverside — 10 a.m. – 6 p.m.
Voorhees Town Center — 10 a.m. - 6 p.m.
Westfield Garden State Plaza — 10 a.m. - 9:30 p.m.
Carlos Ghosn, the former chairman of Nissan who was facing charges of financial wrongdoing in Japan, has fled the country and taken refuge in Lebanon, where he is considered something of a folk hero, to escape what he called “injustice and political persecution.”
His flight was a dramatic turn in an already unlikely story of the rise and fall of one of the automobile industry’s most prominent executives.
Mr. Ghosn, who has strongly maintained his innocence, was set to stand trial next year, and the circumstances under which he left Japan were not immediately clear. He had posted bail of $9 million, had been required to surrender his passport and was under close watch by the authorities.
Still, he was able to get out of the country and, according to a Lebanese newspaper, Al-Joumhouriya, arrived in Lebanon on a private jet from Turkey. His wife, Carole Ghosn, is with him in Lebanon at a home with armed guards outside, a person with knowledge of the matter said.
“I am now in Lebanon and will no longer be held hostage by a rigged Japanese justice system where guilt is presumed, discrimination is rampant, and basic human rights are denied, in flagrant disregard of Japan’s legal obligations under international law and treaties it is bound to uphold,” Mr. Ghosn said in a statement released by his spokeswoman.
“I have not fled justice — I have escaped injustice and political persecution,” the statement said. “I can now finally communicate freely with the media, and look forward to starting next week.”
Representatives for Nissan, the Japanese prosecutors and the Lebanese embassies in Tokyo and Washington did not immediately respond to requests for comment. Government offices and most businesses in Japan were closed ahead of New Year’s Day, the most important holiday on the Japanese calendar.
Mr. Ghosn, 65, is a citizen of Lebanon, where he is legally protected from extradition, as well as of France and Brazil. He spent much of his youth in Beirut, and enjoys widespread public support there. A billboard in the city expressed solidarity with the imprisoned executive shortly after his arrest in November 2018. “We are all Carlos Ghosn,” it said.
He was accused by Japanese authorities of underreporting his compensation and shifting personal financial losses to Nissan. The automaker had also been indicted on charges of improperly reporting Mr. Ghosn’s income — and had said it would cooperate with prosecutors.
Mr. Ghosn had been arrested along with Greg Kelly, a Nissan board member who is a United States citizen. Mr. Kelly had been released from jail a year ago because he was having health problems, and is still in Tokyo, his lawyer said.
“Greg Kelly knew absolutely nothing about this until informed by the media through his counsel and has lived at the foot of the cross in terms of Japanese prosecutors,” Mr. Kelly’s lawyer, Aubrey Harwell, said. “He’s done precisely what has been required of him.”
Mr. Ghosn has been in and out of jail in Japan since his arrest, when he was initially held for more than 100 days. He was released after he posted bail and agreed to strict conditions: He could not leave Tokyo, and his movements would be monitored. He was arrested again in April 2019, just after he announced plans to hold a news conference and speak publicly about his case.
Prosecutors imposed another condition for his release after the April arrest: Mr. Ghosn was forbidden from communicating with his wife. For seven months, the two did not speak a word to each other.
Mrs. Ghosn has publicly decried what she called the mistreatment of her husband by Japanese authorities. In an interview with The New York Times after the April arrest, she said authorities had burst into their apartment and took her phones, passport, diary and letters she had written to her husband while he was in jail.
Mrs. Ghosn said a woman from the prosecutors’ office followed her into the bathroom. When she stepped out of the shower, the woman handed her a towel. “They didn’t push me around, but they wanted to humiliate me and my husband,” Mrs. Ghosn said. “I was treated like a terrorist,” she said, “like I had a bomb on me.”
The case against Mr. Ghosn has garnered international attention and raised questions about the fairness of Japan’s justice system. Lawyers for the former executive say they have been unable to see reams of information Japanese prosecutors gathered from Nissan to build their case against Mr. Ghosn.
Prosecutors, in turn, have argued that they are prevented from sharing some of the material the company gave them because it is “too sensitive.”
Mr. Ghosn’s rise in the auto industry was as storied as his recent fall. He joined the French automaker Renault in 1996 as executive vice president overseeing manufacturing, purchasing, research and development, after spending 18 years at Michelin, the tire maker.
After Renault acquired a large stake in Nissan in 1999, Mr. Ghosn was sent to help turn the Japanese company around — an assignment that was seen as impossible for a foreign executive. Though he closed factories and laid off some 21,000 workers, Mr. Ghosn succeeded in reviving the Japanese carmaker. His efforts in the industry have earned him the nickname “Le Cost Killer.”
He was also the architect of Nissan’s alliance with Renault and Mitsubishi Motors of Japan, a partnership that allowed the two automakers to share the cost of developing new models and buying components together. He became the first person to simultaneously serve as chief executive of two major companies.
But some at Nissan were concerned that he was pushing for a merger, and he had blamed his arrest on “plot and treason” by executives at Nissan.
Since his arrest, he has been removed as chairman of all three companies, and Renault, Nissan and Mitsubishi have struggled to reboot their alliance. Last month, they announced a new structure, appointing a general secretary at the top of their partnership, hoping to accelerate business and make a sharp break from the way Mr. Ghosn ruled over the alliance.
The restructuring comes as Renault, Nissan and Mitsubishi, which together sold more cars than any other company in 2018, struggle to improve profitability in the face of sweeping changes transforming the industry, including the rush to electric vehicles. All three companies have reported a steep decline in sales worldwide, and face fresh challenges as other automakers join forces to generate efficiencies in an increasingly tough global market.
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Attendees walk past the logo of US multinational technology company Microsoft during the Web Summit in Lisbon on November 6, 2019. Europe's largest tech event Web Summit is held at Parque das Nacoes in Lisbon from November 4 to November 7.
PATRICIA DE MELO MOREIRA | AFP | Getty Images
Microsoft said on Monday it won a court order that allowed the tech giant to take control of 50 websites that a North Korea-linked hacking group was using to carry out cyberattacks.
The group called "Thallium," believed to be operating from North Korea, was using a technique known as spear phishing to trick its victims, Microsoft said in a blog post.
By gathering information about individuals through the public domain and social media, the hackers crafted personalized emails that looked credible. Those emails directed users to fraudulent websites where their account login details were compromised, which allowed the attackers to read emails, look at contact lists and access calendar appointments, according to Microsoft.
Thallium was also using malicious software to compromise systems and steal sensitive data.
The group's targets included government employees, think tanks, university staff and individuals working on nuclear proliferation issues. Most of them were based in the United States, Japan, and South Korea.
Microsoft said Thallium was the fourth nation-state hacking group against which it filed legal actions to take down the infrastructure they use to carry out cyberattacks.
Your data, whether it’s your name, your location, or your shopping habits, has been a commodity for decades now. Collected, bought, sold, shared, transferred — however businesses get it, a lot of them have access to a lot of information about you. They use it in ways you never agreed to (and often that you’re not even aware of), and they make a lot of money off of it. And there wasn’t much you could do to stop them.
That’s about to change … to a point.
When the California Consumer Privacy Act, or CCPA (which you can read in full here), goes into effect on January 1, 2020, Californians will finally have certain rights over the data that companies like Facebook, Google, data brokers, and even Recode’s parent company, Vox Media, collect from them. While these rights have limits, the very existence of this law is a victory for consumer privacy rights because it will introduce changes to a data collection industry that has gone unregulated and unchecked for so long.
For all the discussion about our online data and the privacy concerns surrounding it, it’s sometimes hard to wrap your head around what companies really know about us, and what it means for us when they gather and sell this information. This data can be deeply personal. To give a few recent examples: Copley Advertising used location data collected from people’s phones to send anti-choice ads to the devices of people who were near abortion clinics. The consumer DNA testing company 23andMe gave drug company GlaxoSmithKline access to de-identified data from millions of customers who probably thought their DNA was only being used to discover their ancestral homelands. And political consulting firm Cambridge Analytica exploited Facebook’s developer tools to access and collect data from 87 million profiles — only several hundred thousand of which were given any kind of notice that their data was being gathered at all. The Trump campaign then used Cambridge Analytica’s data to deliver carefully targeted ads and content at potential voters in the runup to the 2016 presidential election.
“The use of personal information has continued to evolve in ways that many consumers find increasingly offensive, as the drive to track us across all our devices, all the time, continues to be the focus for many businesses,” Alastair Mactaggart, founder of Californians for Consumer Privacy and author of the 2018 ballot initiative that led to CCPA, told Recode.
If you don’t live in California, you can still benefit from at least some of the law’s requirements. At the very least, there is added transparency: Businesses must now notify consumers what personal information they collect about you and why. And some companies may give people all across the US the same opt-out and deletion rights they give to Californians because it’s easier to roll out a widespread change.
That said, most experts and stakeholders told Recode the law is far from perfect. Some critics, like Eric Goldman, a professor and co-director of the High Tech Law Institute at the Santa Clara University School of Law, worry that the law will hurt the businesses that must comply with it. A report prepared for the state’s office of the attorney general estimated that CCPA compliance will cost businesses $55 billion in initial charges.
“I think California consumers are going to be shocked by how rarely the CCPA helps them and how often it creates challenges for them,” Goldman said. “Few consumers will ever take advantage of the rights created by the statute, but all consumers will implicitly pay more to help businesses cover their CCPA compliance costs.”
If you want to take advantage of your rights, you first have to know what they are. The law’s introduction lists the five rights it’s meant to ensure, so let’s start there. We’ll use the new CCPA section of Vox Media’s privacy policy as a real-world example.
What this means: A business must tell you that it collects personal information about you either before or as that information is collected.
In the real world: Vox Media will now tell you in its privacy policy that it has collected several categories of personal information from users within the last 12 months, such as names, email addresses, and demographics. It also refers back to another section in the policy that details the information that it automatically collects whenever you interact with Vox Media’s services, like what you are doing right now: reading an article on one of Vox Media’s websites. That information includes things like your IP address and location.
Limitations/potential Issues: CCPA’s definition of “personal information” includes everything from the obvious (your name) to the less obvious (your internet browsing history). If it can be linked back to you in some way, it’s protected here. That’s generally good for the consumer but makes it much more difficult for businesses to monitor and account for all of that data.
“Not all data is created equal, and therefore shouldn’t be regulated in the same way,” Ari Levenfeld, chief privacy officer at Quantcast, told Recode. “Data falls on a spectrum of sensitivity, ranging from personally identifiable information like names and email addresses, to less sensitive information such as pseudonymous data that is based on probabilistic, indirect identifiers like cookie IDs and IP addresses. The implications of exploiting or misusing the different types of data are fundamentally different, and therefore the regulations aimed at mitigating privacy risks should reflect those nuances.”
What this means: A business must tell you the types (though not the names) of third parties it shares your personal information with, but it’s up to you to ask for this information. You also have the right to tell the business to delete your personal information and to not sell it (more on that later).
In the real world: You have the right to ask Vox Media for the categories of third parties that Vox Media has disclosed your personal information to, as well as what personal information was disclosed. You can do this by emailing vmprivacy@voxmedia.com or submitting a request through the online form.
Limitations/potential Issues: This is a part of CCPA that some critics say falls short on protecting people like you: In order to protect your personal information or to even know what data businesses are gathering about you and selling to other companies, you have to take action on your own. It doesn’t just happen by default. That’s a problem, says Jennifer King, the director of privacy at the Center for Internet and Society at Stanford Law School.
“I think if we continue to legislate with this ‘individual consumers are the ones who have to make all these choices for themselves’ approach, and it’s all on the burden of their shoulders to navigate this impossibly complicated ecosystem, these laws are only going to be somewhat effective,” she said. “Not to completely criticize this law, because I think that it’s important. It’s a place to start,” she added.
CCPA could cause issues for businesses as well because it leaves some things open to interpretation. Facebook, for example, sells ads based on its Pixel service, which is a line of code that businesses put on their websites that tracks users’ behavior and links it to their Facebook accounts. What’s tricky is that Facebook does not sell the actual data that Pixel gathers. Facebook makes money off of that data, but is that a sale? Facebook appears not to think so.
And some businesses are confused about how to interpret CCPA, according to Anneka Gupta, president and head of products and platforms at LiveRamp, a data processing company. “For example, we’ve heard that individuals and businesses are unclear about the exact definition of what constitutes ‘selling data,’” she told Recode.
Vox Media’s policy on data sales alludes to the uncertainty here: “We do not generally ‘sell’ personal information as the term ‘sell’ is traditionally understood.”
What this means: Businesses must give you ways to opt out of having your personal information sold to or shared with third parties like advertisers or data brokers, and they must honor your opt-out request. They must also put a link to their opt-out page on their homepage advising you of this right.
In the real world: Vox Media provides two ways to opt out. You can email your request to vmprivacy@voxmedia.com, or click a link in the site footer that says “Do not sell my info.” Here’s what that looks like on Vox.com’s homepage (highlight added):
You’ll then be redirected to a contact form that requires you to disclose some personal information (ironic, but Vox Media has to know who you actually are in order to fulfill your request):
Exception: Businesses can still sell your information as long as personally identifiable details have been removed.
Limitations/potential Issues: You can tell a business you don’t want it to sell your data, but there’s no way to opt out of having that data collected in the first place. This means data collection kings like Google and Facebook can mostly continue on their merry way, even though the law was originally meant to rein both companies in.
“CCPA is focused on data brokers and other companies selling customer data,” Roger Allan Ford, professor at the University of New Hampshire’s Franklin Pierce Center for Law and Technology, told Recode. “That’s a legitimate privacy problem, but the bigger problem comes from the ways that companies can gather and use information about consumers without buying or selling any data.”
What this means: Businesses must offer you ways to request a copy of the personal information they have collected about you, and they must provide it free of charge within 45 days of your request. You have the right to know the types of personal information (for example: name, email, or location) a business has collected, where it came from, why it was collected, the categories of third parties it has shared that information with, and the specific pieces of information it has collected. You can also tell them to delete that information.
In the real world: Vox Media’s “right to know and delete” section gives you two ways to do this. Similar to the right to opt out, you can email vmprivacy@voxmedia.com or use Vox Media’s contact form.
Limitations/potential Issues: Some businesses are still trying to figure out how to verify these requests.
“There seems to be confusion in ... how companies are to validate that the person is who they say they are,” Gupta told Recode. “We do know there is a series of information that individuals are supposed to provide in order to validate their residency (name, address, phone number, email, identity verification materials, etc.), but there will need to be a significant amount of education around the type of proof needed for removal requests.”
What this means: Businesses can’t charge you extra or refuse to provide a service to you if you take advantage of your privacy rights under the new law. But they can offer bonuses or incentives in exchange for information.
In the real world: Vox Media’s policy includes a “right to non-discrimination” that spells this out. It also has a “financial incentives” section that says it may pay customers for their personal information.
Exception: Loyalty programs, like those store cards that give you discounts on products in exchange for the information you provide to them (your name, email, items purchased), are not considered discriminatory.
Once the law goes into effect, it must be enforced. That’s up to the state attorney general’s office. In certain cases, you might be able to sue businesses for privacy breaches, but only if a business’s inadequate security measures caused your information to be disclosed, and it only covers the most sensitive stuff, like Social Security numbers, credit cards, or health information. Privacy advocates including the American Civil Liberties Union and the Electronic Frontier Foundation don’t think CCPA goes far enough.
“It’s not clear what enforcement will look like,” Ford said. “Consumers can only sue for data breaches, which are a fairly small category of privacy problems. State enforcement of the rest of the law might help focus enforcement on real privacy problems rather than technical violations, but it might also mean the law winds up being under-enforced.”
In the end, CCPA’s legacy may not be the law itself, but the laws it inspires. California tends to be a national trendsetter when it comes to legislation. Several other states are already considering their own privacy laws. There are also several data privacy bills making their way through the federal government — in both chambers of Congress and from both sides of the aisle.
“While the CCPA is not perfect, it does provide a framework for approaching privacy in the age of technology,” Levenfeld said. “The first-of-its-kind US law will lead to more comprehensive regulations in the future.”
And Alastair Mactaggart is now collecting signatures for a new 2020 ballot initiative, called the California Privacy Rights Act, to address what he thinks CCPA is still missing. The law would tell consumers how and when automated decisions “significantly affect their lives” and it would create a new state agency to enforce the new laws.
“I believe consumers must be given even stronger rights to control their own information, all the time — not just the sale of information, which CCPA regulates effectively, but also the use of our most sensitive personal information,” Mactaggart said.
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