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August 10, 2018

The Food and Drug Administration will allow a pregnancy-prevention app to conduct marketing and advertising, USA Today reported Friday.

Natural Cycles, a Swedish app, is intended to be used as a form of contraception, using body temperature and menstrual cycles to predict fertility. The FDA was reviewing the app after it faced backlash in the U.K. and Sweden when women reported becoming pregnant while using the method.

"Consumers are increasingly using digital health technologies to inform their everyday health decisions, and this new app can provide an effective method of contraception if it's used carefully and correctly," said Terri Cornelison, an FDA official. The algorithm-based app has a "typical use" failure rate of 6.5 percent, the FDA said, meaning that 6.5 in 100 women who use the app with an average amount of misuse will become pregnant. Birth control pills, in comparison, have a 9 percent failure rate with typical use.

Natural Cycles is marketed as the "world's first contraceptive app," touting its "natural, hormone free, and non-invasive" method, reports The Guardian. Users pay for a subscription, and use a special thermometer to track fertility. The app has more than 700,000 users around the world.

The FDA is creating new criteria for Natural Cycles to clarify what rules the app needs to follow to avoid regulatory issues. The agency is predicting more apps following in the footsteps of Natural Cycles, writing that future apps intended to prevent pregnancy will need to stick to the brand-new rules. Summer Meza

12:29 p.m.

The Trump administration is implementing a ban on bump stocks.

Under a regulation announced by the Department of Justice Tuesday, those who own bump stock devices will have 90 days to either destroy them or turn them into authorities, CNN reports. Bump stocks can be attached to semiautomatic guns, allowing them to fire at a much faster rate, and President Trump's administration has concluded that they therefore fall under the existing federal law banning machine guns.

When this rule goes into effect in 90 days, weapons with bump stocks will be "considered a machine gun," and will be illegal, the Justice Department said, per BuzzFeed News.

President Trump had previously instructed the Justice Department to take a look at the regulations around bump stocks after the Marjory Stoneman Douglas High School shooting in February, per The New York Times. Though that instance did not involve a bump stock, they received increased scrutiny after one was used in the October 2017 shooting in Las Vegas that killed 58 people. Trump made clear his desire to get rid of the devices, writing on Twitter in March, "we will BAN all devices that turn legal weapons into illegal machine guns." The administration's final regulation is set to formally publish on Friday. Brendan Morrow

11:47 a.m.

President Trump's charity is shutting down.

Amid a lawsuit alleging the president used the Trump Foundation for personal and political gain, the charity agreed to "dissolve" and donate its "remaining assets" to approved charities, New York Attorney General Barbara Underwood announced Tuesday. Trump tried to get the state lawsuit thrown out as recently as last month, but a judge ruled it could proceed. The suit effectively claims that "persistently illegal conduct" turned the charity into Trump's personal piggy bank.

Per a document filed in a Manhattan court Tuesday, the Trump Foundation will "dissolve under judicial supervision." The foundation's most recent tax return says it has about $1.7 million in assets, reports CNN. Those funds will go to charities chosen after "review and approval by the attorney general," the release says.

The lawsuit was filed by Underwood in June, and alleges "a shocking pattern of illegality ... including unlawful coordination with the Trump presidential campaign," per the release. Essentially, Underwood says the Trump Foundation served as Trump's personal "checkbook."

Tuesday's agreement is just one of three "outcomes" the attorney general was hoping for, CNN notes. The lawsuit "also seeks millions in restitution and penalties and a bar on President Trump and his three eldest children from serving on the boards of other New York charities," the attorney general's statement, so it'll continue to be fought in court. Kathryn Krawczyk

11:32 a.m.

The White House may be ready to accept that Democrats are unwilling to agree to $5 billion in federal spending for President Trump's proposed border wall, White House Press Secretary Sarah Huckabee Sanders told reporters on Tuesday, per The Washington Post.

"We have other ways that we can get to that $5 billion," she said. "At the end of the day we don't want to shut down the government, we want to shut down the border." Trump was demanding the sum in a federal spending bill for a wall on the U.S.-Mexico border, but Democrats said they were only willing to spend $1.6 billion on general border security. Without an agreement on federal spending, the government will shut down after Friday, which Trump said he'd be "proud" to do over the issue.

Sanders said the White House had "identified" different funding sources, "that we can couple with money that would be given through congressional appropriations," to find the $5 billion elsewhere. She said negotiations between the two parties are ongoing.

Read more at The Washington Post, and read more about the familiarity of the imminent shutdown here at The Week. Summer Meza

11:16 a.m.

Arizona Gov. Doug Ducey (R) is sending a failed candidate to the U.S. Senate.

Rep. Martha McSally (R-Ariz.), who narrowly lost her midterm Senate bid to Rep. Kyrsten Sinema (D-Ariz.), will now fill the seat vacated by late Sen. John McCain, Ducey announced Tuesday. Arizona had never sent a woman to the Senate before this year, and now it'll be represented by two.

After McCain's death in August, former Sen. John Kyl (R-Ariz.) rejoined the chamber, only promising to serve until the end of the year. Kyl formally announced his resignation last week, leaving Ducey to appoint another replacement. McSally will now serve until a special election can be held in 2020.

McCain's wife Cindy McCain, who'd been loosely mentioned as a possible replacement, had a muted reaction to the announcement. Kathryn Krawczyk

11:12 a.m.

A federal judge has ruled neither the Broward County Sheriff's Office nor the local school district had a constitutional duty to protect students during the mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida, this past February.

U.S. District Judge Beth Bloom dismissed a suit brought by 15 students against the school district, the sheriff's office, school deputy Scot Peterson, and campus monitor Andrew Medina. Bloom held that because the students were not in custody — prison, for example — state agencies have no legal obligation to protect them.

"The claim arises from the actions of [shooter Nikolas] Cruz, a third party, and not a state actor," Bloom wrote in her ruling. "Thus, the critical question the Court analyzes is whether defendants had a constitutional duty to protect plaintiffs from the actions of Cruz," she said, concluding that "for such a duty to exist on the part of defendants, plaintiffs would have to be considered to be in custody."

Bloom's ruling is in line with the Supreme Court's 7-2 decision in Town of Castle Rock v. Gonzales (2005), which held police do not have a constitutional duty to protect people from harm. In that case, SCOTUS determined the obligation does not exist even when police have been repeatedly notified of violation of a restraining order which is supposed to trigger a mandatory arrest. Bonnie Kristian

10:59 a.m.

From targeting black voters to encouraging Texan secession, Russians crafted memes on social media to push the 2016 election in President Trump's favor, a Senate report released Monday shows. But at first glance, it's not completely clear how some posts relate to the 2016 race.

In one of two reports shared Monday, cybersecurity firm New Knowledge documents how a Russian troll farm called the Internet Research Agency "leveraged social media to wage a propaganda war" during and beyond the election cycle. Posts got the most engagement on Instagram — like this June 11, 2017 post, which was IRA's most successful on the platform with 254,179 likes and 6,734 comments.

This kind of post wasn't explicitly about politics, but instead aimed to build an audience and viewers' trust, the report notes. The same was true of IRA's most-liked Instagram before the election, which it posted twice on the account @army_of_jesus_ in March and June of 2016.

Top-performing memes like this one were often reposted or recycled across different pages, seeing as IRA ran 133 Instagram accounts, 16 websites, and dozens of Facebook pages, the report says. Across all those accounts, just 18 percent of Instagram posts and seven percent of Facebook posts mentioned candidates Trump or Hillary Clinton by name.

You can read the whole disinformation report here, or get a quicker rundown here. Kathryn Krawczyk

10:33 a.m.

The Senate voted 82-12 Monday to close debate on the First Step Act and bring the legislation to a final vote in the upper chamber as soon as Tuesday. The House has already passed a different version of the bill and would have to vote again on this version before it could be sent President Trump, who has said he will sign it.

The First Step Act's main concern is sentencing reform, giving judges greater discretion in sentencing for some future convictions. It also makes retroactive a prior sentencing reform law and slightly expands the circumstances under which inmates can earn earlier transfer to pre-release custody. If passed, First Step will only apply to the federal prison system, which means about nine in 10 of America's 2.1 million inmates won't be affected.

Support for ending debate does not necessarily translate to support for the bill itself. Most Democrats are expected to vote yes, though some have criticized First Step for being too cautious a reform.

Some Republicans, meanwhile, have argued it is too lenient. Sen. Tom Cotton (R-Ark.) has penned a series of op-eds opposing the legislation and, with Sen. John Kennedy (R-La.), will introduce amendments limiting the convictions eligible for early release and requiring public reports about those released. First Step supporters believe the amendments are a "poison pill" intended to divide the bipartisan coalition backing the bill.

"The amendments [Cotton] will propose tomorrow, the senator from Arkansas, have been opposed by groups across the board, left and right, conservative, progressive, Republican, Democrat — they all oppose his amendments," said Sen. Dick Durbin (D-Ill.). "If he goes with the amendments we've seen, we're going to have to do our best to oppose him."

Bonnie Kristian

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