Garry Tan, the CEO of YC, accused me of unethical reporting

6 hours ago (radleybalko.substack.com)

The Chesa Boudin DA "misrepresentations" document, linked towards the end of this story, is weak, bordering on Trumpian. It highlights as "misrepresentations" cases where Boudin simply disagrees with Lim about a statement of opinion (whether his office was suitable forthcoming, organized, or deflecting). At one point it accuses Lim of "violating HIPAA", which is not a thing† (HIPAA constrains covered entities, not reporters).

I think both sides of this conflict (Tan and Radley) are talking past each other and scoring points for their respective sides; Radley is famously an advocate of progressive prosecutors, and Tan (IIRC) worked to remove Boudin. I don't expect a totally accurate and balanced retelling from either side, in the same way that you should not expect a completely neutral report on inner-ring suburban housing policy from me (I'm a housing activist).

But I did come away from this with a lower opinion of Boudin's office.

(For what it's worth, I was extremely optimistic about the wave of progressive prosecutors led by Larry Krasner in Philadelphia, and while I have some Radley Balko issues, I've been reading John Pfaff on this stuff for a decade. What's happened to my worldview since then is that I feel like I've watched outsider-y progressives get elected into prosecutor roles and then fail their constituencies not because of ideology but over basic competency issues. I'd be foursquare behind a progressive prosecutor in a major city that ran a tight ship; we tried this in Chicago and didn't get that.)

btw: if you're the DA for a jurisdiction that includes a reporter, and you claim the reporter's journalism is unlawful, you sure as shit better have that right.

  • Can you elaborate on "basic competency issues", either in the case of Boudin's office and/or other high profile reformist prosecutors? Is that just a polite way of calling them dumb, à la what the kids are calling a 'skill issue' nowadays?

    • I can speak at length to the tenure of Kim Foxx, Chicago's former high-profile progressive prosecutor. I know some of the issues rhyme with Boudin's term, but San Franciscans can tell his story better than I can.

      So, first, no, I feel like I'm saying the opposite of "they're dumb". I don't think either Foxx or Boudin are dumb. I think they're both interesting people with interesting and valuable views.

      When I say "basic competence issues", I'm talking about the kinds of things that would go wrong if, like, you or I took over the CCSAO and started managing all the prosecutions in Cook County. For instance: having huge numbers of line prosecutors resign, in part because you totally fuck up the promotion ladder, in part because you shift staffing priorities away from line prosecution and towards internal policy positions, and in part because you fail to sell your immediate-term vision for how you're going to manage the agency.

      The superficial way to look at veteran prosecutors resigning is that they're no longer culture fits, which you can look at as a good thing: Boudin and Foxx were hired to change those cultures. But a more practical and immediate way to look at them is that losing veterans puts the screws on your ability to execute the day-to-day of the agency. These prosecutor offices were incredibly strained before people like Boudin and Foxx got there. Which means: there was already an extent to which prosecution decisions were being made not just on justice, safety, or public policy more broadly, but simply on a triage basis.

      When you start losing significant numbers of people, you lose the ability to set your own execution priorities; circumstances are making prosecutorial decisions. Foxx tried to put a brave face on it, but nobody was buying it.

      What's more frustrating is that Foxx was doing this at the same time as Illinois was rolling out SAFE-T, which ended cash bail in Illinois. I am wholeheartedly in favor of SAFE-T, and I think by-default cash bail is an idiotic system that unnecessarily amplifies the societal cost of law enforcement. But SAFE-T was ultra-controversial in Chicagoland, and Foxx went through all this stuff while people were freaking out daily about catch-and-release. It didn't help that all of this coincided with a huge regional increase in carjackings, the second most important urban index crime after murder. It further didn't help that she was accused of refusing to prosecute juvenile carjackers, and that when confronted by reporters about that, she didn't have a clear denial.

      I hope this reads as I intend it to, which is: not ideological, just an assessment about whether someone is prepared to step in and run the office, most of which is boring and just needs to be done correctly.

      (I think you can probably look at Krasner as an example of a prosecutor who has avoided these traps.)

  • The main HIPAA claim seems to be that the victim didn’t provide (or consent to the publication of) that X-ray, and neither did their only family member known to possess it. I don’t know who released it, but if it was someone in the medical office, that is a genuine HIPAA violation.

    • HIPAA only covers entities that are legally required to follow it. Covered entities and business associates. It doesn’t apply to anyone else.

    • It could be a violation at the medical office, but Lim isn't a covered entity, and the document accuses her directly.

  • How does it seem that Radley is talking past Gary?

    All discussion of the 'Misrepresentations' article is responsive to Gary's mention of it in the original article. And at no point does Radley appear to endorse its contents.

  • > The Chesa Boudin DA "misrepresentations" document, linked towards the end of this story, is weak, bordering on Trumpian.

    Are we reading the same document?

    The first example is almost a perfect example of what's stated in TFA. Lim is incredibly aggressive in making her argument, and not an argument based on real evidence.

    Scanning through the rest, it reads as much the same.

    Direct gdrive link for those who don't want to go back and scroll through the article again: https://drive.google.com/file/d/1VZKYxe0oGq7HeC5Kj2lxf-X55r4...

    edit:

    > At one point it accuses Lim of "violating HIPAA", which is not a thing† (HIPAA constrains covered entities, not reporters).

    Ehhhhh. I diagree with that reading. There's a clarification bullet point two lines down from the headline bullet (page 3). Emphasis mine.

    > This suggests Ms. Lim was received a patient’s privileged medical records from another unauthorized source in violation of HIPAA.

    I read this as the unauthorized source is violating HIPAA. But I guess neither of us are lawyers. So...

    • > Direct gdrive link

      I'm confused where this came from. I cannot find this link in the original article as submitted:

      https://radleybalko.substack.com/p/truth-power-and-honest-jo...

      The most I can find is "But I found another place where someone has posted all 81 pages. It’s here. Feel free to look them over."

      Where "here" links to:

      https://www.documentcloud.org/documents/21011168-responsive-...

      That is the 81 page PDF referred to multiple times in the article and is titled "Responsive Records Lim - Balko correspondence_Redacted". I don't see "HIPAA" appear in it anywhere. Toward the end of that document on page 69 is a screenshot of a text that includes a Word attachment titled "Dion Lim Misrepresentati...". After that are screenshots that are excerpts of the gdrive document that you linked, but the HIPAA accusation is not in any of those screenshotted excerpts.

      So how did tptacek even come across the HIPAA accusation, and how did you find the document that you linked that contains it?

      Edit: ah, it's linked from this sentence "But in the interest of transparency, I’m posting it as well. You can read it here." where "here"[^1] links to the gdrive document.

      Sheesh.

      [^1]: Pet peeve - you've failed HTML 101 if you use "here" as a link. A few sentences earlier in that paragraph is the text that should've been the link text: 'the “Dion Lim Misrepresentations” document that Tan mentions in his post'.

    • That's an extremely charitable read of a DA's office alleging lawbreaking. I really think you have to kind of slant your head and squint to come away with the impression that that section isn't about Lim, but rather the unnamed medical office.

      5 replies →

I've come to be convinced that having a huge amount of money causes some kind of mental breakage, a need to control other people that is unhealthy for everyone it touches. I don't mind everyone having or expressing an opinion, even opinions I disagree with, but when someone uses their disproportionate wealth and influence to spread misinformation and disrupt and dismantle democratic systems it crosses a line. It takes a lot of nerve to call spreading misinformation and funding recall campaigns based on lies speaking truth to power. And, to attack someone for reporting facts that correct that misinformation? Grotesque.

  • I don't think having the money causes the problem, it's the journey to get to that point. People like MacKenzie Scott or lottery winners generally don't act like this. But aside from those rare instances, in order to make it to a billion dollars you need to consistently exploit people and absolutely refuse to use your power to help others in any significant way. You have to wake up every day with a hundred million dollars and think "the best thing I can do with this money is use it to make more money".

    • >> in order to make it to a billion dollars you need to consistently exploit people and absolutely refuse to use your power to help others in any significant way.

      I would categorically disagree with your statement.

      Jeff Bezos

      Elon Musk

      Bill Gates

      Mark Zuckerberg

      All billionaires. All have created one (or multiple in Musk's case) products that have greatly benefitted society in numerous ways. The Gates Foundation has donated billions to causes all over the world. Bezos has committed over $3B to various charitable causes.

      Also, More than 70% of lottery winners will run through of the money they've won and be right back where they started before winning. Further proving my point the people who win the lottery are not visionaries and have no desire to create products that will change people's lives. They're just happy to have the money.

  • I would agree with you, I see people like Jeff Bezos who's unfathomably wealthy but also treats his workers so terribly that they have to pee in bottles and I wonder why? What compels someone to so obssesively seek wealth that they must treat people like that. I can only see it as some sort of mental illness. When someone compulsively hoards trinkets to the detriment of all around them, we call that a disease and I don't see why we should treat it differently when it's dollars they're collecting.

    • To be fair, I don't think jeff has proclaimed that their drivers need to pee in bottles. That's all mid level managers trying to show gains to their up-line reports.

      Jeff (and the board) wonders if deliveries could be more efficient, and wants to find efficiencies to report to the board and the shareholders. However it's fucking dave, 6+ layers below jeff that is firing drivers for missing unreasonably tight delivery schedules because they had to stop to take a leak. So that dave can tell suan who can tell susan who can tell .... and finally jeff that deliveries are now 2.3% faster.

      I do think that enough money and therefore a higher degree of control of your own life experiences does warp your perceptions of the world, however. I fail to understand why anyone with a billion fucking dollars in the bank just doesn't retire to a beach stocked with sex workers and cocaine and instead decides to continue torturing people through layers of unthinking bureaucracy though.

      1 reply →

    • To get to where Jeff Bezos is, it's almost mandatory to have sociopathic traits and to be genuinely incapable of regarding other people as anything but means to an end. It's a simple selection effect.

      1 reply →

  • Perhaps it's more accurate to say that people are used to getting what they want. When they don't, it violates their hedonic adaptation and provokes a negative reaction.

    Mixing wealth into this situation increases the blast radius and makes it more public.

  • You have it backwards. The person didn’t change, they were always like that, long before money. Our system selects for them and rewards them, and when they attain those rewards they use them to further express themselves as the person they always were.

    • This is the truth of the matter - everyone else got off the train at millions or a small billion; the only people who ride it all the way to trillions are the pathologies.

    • Quite often money is equated with intelligence and with time people want their opinion on everything under the sun - especially on things outside their area. With time so much smoke has been blown up their ass that they think they are better than everyone and can get away with mistreating people. Money does impact people.

  • It's the same problem that afflicts celebrities. Once you're to a certain level of prominence, there are many people who will gladly sniff your farts and tell you your ideas are great, thus you "lose touch" with reality on the ground. Then when someone comes along that doesn't care for your ideas or worldview it's easy to assume they're either engaging in bad faith or are somehow biased because it flies in the face of your day-to-day experience. I don't envy these folks, they're surrounded by liars and grifters.

    • You are actually kinda right. I do think that if you turn as a "really rich" person, you just don't know about anything to trust at a certain point.

      Firstly, you will have the people who will praise your diamonds and everything and make you lose touch with reality.

      But there would also be the more subtler ones whom you actually consider friends. there can be two things that you meet some people before hand and judge them or were already rich before having such friends, but even then the first group might just change knowing that you are now extremely rich and might want subtle favours and so act subtly different.

      In a nutshell, I feel like extremely rich people might not know how people actually think of them because we have commoditized everything to money,opportunities and networks and in some sense, they are unable to trust their own real instincts too.

      Also we are forgetting the fact that these people would change with so much external influences too and that some people would stop after a certain point so as to they will not reach the scale of billions but rather stop at millions.

      All of these factors combined make for the most egotistical machines.

      just a few thoughts on extremely rich people, South park creators seem to be one of the exceptions for me and it seems like those guys are just two friends who just like doing what they do and even said a massive fuck you to paramount even on television.

This is what great reporting looks like: well-written, transparent, and rigorous. It’s sad to see how hatred toward progressives can distort people’s judgment.

  • Re. hatred towards progressives and the Boudin recall:

    >Boudin ... alleged... that the campaign was largely a Republican effort to remove him from power. Despite Boudin's claims, the recall campaign was publicly led by Democrats. 83% of donors to the campaign were from Democratic-registered voters or no-party-preference voters, with over 80% of donations coming from local San Franciscans. (http://en.wikipedia.org/wiki/Chesa_Boudin)

  • > It’s sad to see how hatred toward progressives can distort people’s judgment.

    The status quo is easy, change is hard, and anyone benefiting from the status quo will do whatever they have to in order to prevent change. Progressive by definition want change, progress. Change is scary. Humans are most easily motivated by fear.

    • I think it's a little more than just fear of change. Garry Tan knows where his (material) interests lie, and will do and say anything to fight off those who would build a more equal society, even if it means supporting actual fascists like Trump. The ultra-wealthy are very class conscious.

  • This isn't great reporting. It's politics.

    • Kind of a category error to suggest there's a stark difference. Over the last 100 years, enormous amounts of excellent journalism has been informed by political objectives on the part of reporters.

      5 replies →

    • Completely content-free junk statement. The post is purportedly about correcting bad information about a person who held public office, and (if it is in fact misinformation) was spread for political reasons. How are you supposed to do such a correction without it being political?

    • Everything is politics.

      Which food you eat (are you vegan? carnivore diet? Both have implications in regards to animal welfare, climate change, soil use, identity etc etc), which media you consume (obvious), which job you have (which power structures do you strengthen with it? who benefits from your labor? who do you try to disrupt?).

      To say one is "apolitical" is just voicing a preference for the status quo.

      To decry something as political is just voicing one's political opposition to the view expressed.

      13 replies →

  • [flagged]

    • This Tan guy is a real douche and in full support of the author but...

      "Usually it's the latter, because, who wouldn't want the needle to move even a little bit in the right direction?"

      Which direction? The one you think is right or the other one, other people think is right?

Garry just comes across as a deeply unsavory figure deeply stuck in the far right radicalization pipeline.

He regularly calls out "Marxists" on Twitter and rails against leftists, all while supporting mass surveillance and building a dystopia.

What a yucky person.

  • He's also a non-white immigrant. The amount of brown skinned nutjobs try to cosplay as white so they'll be accepted as "one of the good ones" is too high.

    Hey brown or yellow immigrants - the conservatives will gladly accept your vote, but the second you walk away they won't even refer to you by name in conversation, they'll refer you to with every slur in the book. I grew up with some very far-right types who had money...nice to "the help" in person, but soon as earshot is out of range, you hear the n-word like it's as common as the word "the". And just because you're not black, doesn't mean they don't hate you too. I've heard some horrid things said to Indians, Chinese, Japanese, Koreans, Pakistanis, etc.

    Anyone remember the young republicans club at Florida International University scandal? Lots of young male Cuban immigrants (or kids of immigrants) desperate to be seen as white. Problem is, you pull any one of those kids out of Dade county, they'll be called a Mexican and told to go make tacos.

    Garry's actions on social media remind me of those kids, albeit someone with a bit more money, and a little less perspective on things.

why is YC worshipping this guy who pretends like he's the only guy who knows how to use cc?

Is there a YC school that folks like Garry and Sam went through to learn how to be unethical?

  • It's a requirement to reach the levels they have reached. Someone with empathy would get enough money to take care of their family (maybe even for multiple generations) and then be satisfied and focus on reducing the suffering of others instead of running up the score on net worth

    • I mean, after I racked up a two digit number of milions of dollars I believe I'd find myself thinking "why the fuck do I need more, it's time to go fuck off and do anything else".

      Musk at one time said something like "I work 80+ hours a week, so the people around me should work that much too". They are completely blind to how sociopathic they are. It's a totally unhealthy amount to work for one, but for two is Musk himself will likely earn billions from those workweeks while the people around him will earn almost nothing except stress and then getting randomly fired by him on a whim.

      They are not connected to the same world we are.

Why are there so many stories that are older AND have less points higher on frontpage?

  • That’s always true of almost any story. There are many signals that influence a story’s rank: votes, flags, vouches, age, site, software penalties, and moderator intervention (usually to override flags and automatic penalties).

    In this case, there’s no way this story would be considered worthy of front page placement if it wasn’t about a YC exec. We’ve overridden usual moderation policies and signals to keep it on the front page, as per our longstanding policy.

    https://hn.algolia.com/?dateRange=all&page=0&prefix=true&que...

Well, to be fair, Garry's article was clearly 100% AI-generated. So perhaps he didn't even really post it; maybe it was just a rogue agent. Or, y'know, an assistant who posted without his authorization. Or perhaps Ambien was involved. Or, it was an Ambien-addled assistant who misconfigured an agent to post the article. Clearly not Garry's fault.

  • Then he shouldn’t be posting under his real name? Or specifically call that out.

    When people tell you who they are, listen to