Category Archives: Law

Clueless to the end

That is quite the statement is it not? The question that follows is is the writer clueless (aka me) or the presenter of certain statements (aka Peter Dutton, current Home Affairs Minister). I will leave that to you as I am merely presenting the facts as I see them.

It all started on a simple Wednesday (2 days ago) when I was confronted with the statement ‘Coalition calls on Google and Facebook to get on side with encryption bill‘, just another political yada yada moment and I was about to ignore it and more to the next page when I noticed ‘the internet giants have a responsibility to help combat organised crime‘, which woke me up nice and widely. So the article (at https://www.theguardian.com/technology/2018/oct/10/coalition-calls-on-google-and-facebook-to-get-on-side-with-encryption-bill) gives us: “Australia’s law enforcement agencies have been prevented from infiltrating paedophile networks and other organised crime groups because the messages they send over encrypted electronic messaging services, such as Wickr and Whatsapp, cannot be intercepted by authorities“, in light of Australia being America’s minion in the anti-Huawei activities is admitting that mere app decryption is beyond their ability? And they have the loudly shouted notion that Huawei is a 5G risk whilst ‘basic’ skills are not in their arsenal? Apart from making a case that Huawei is now basically a political fuelled exploitation game and a setting of bias (and optionally nepotism), we are interested in learning that certain skills are beyond Australian Intelligence. I am certain that Paul Symon, Mike Burgess and Duncan Lewis would have been delighted to learn of this revelation via the Guardian, but that was merely comical relief anecdote, let’s get down to the brass of it all.

We get to see the first part in “He said a new report from the Australian Institute of Criminology, released on Wednesday, estimated the cost of serious and organised crime in Australia in 2016–17 was between $23.8bn and $47.4bn, and showed how sophisticated internet-based crimes can be“. So as we take a look at that report (attached), we take a first look at the end (just like any detective story, starting at the end we see the revelations we needed to see if the story adds up). So there we see: “This paper sought to estimate the cost of serious and organised crime in Australia for the 2016–17 financial year. It was not possible to undertake new empirical research to provide more accurate baseline data to support the estimated costs, so in most cases uprating using the RBA (2018) inflation calculator was used in conjunction with the most recent reported crime statistics to assess the prevalence of the various crime types examined“, which gives us another part. The first is on page 3 where we clearly see (in bold) ‘$31.5 BILLION for the cost of serious and organised criminal activity as well as the serious and organised component of conventional crimes‘, so now we see in opposition an amount against ‘between $23.8bn and $47.4bn‘, which I admit remains a truth, yet when we do the math, we see $15.9B for prevention and $31.5B for the so called organised and serious criminal activity, which gets us to $47.4B. At this point we could surmise that Peter Dutton passed his basic math test, was it not that the same page 3 (just like in the Sun, for the longest of times) gives us an additional $8.6 on organised Fraud (debatable), and $6.5B, $9.6B, $4.1B and others adding up to almost $2.7B, so in total we have the $31.7B, yet here is the problem, the individuals cannot clearly represent 100% of organised crime. We are now getting to the miscategorised and the miss set properties of certain players, which also deflates the issue. It becomes a larger setting when we consider the ABC, who reported in May 2017: “the Australian Cybercrime Online Reporting Network, and the reported losses from online scams across the nation come in at around $300 million“. So here we get the second part. We see ‘online scams‘ and I am willing to accept that, yet against ‘PURE CYBER CRIME‘ the question becomes what is what and where are the definitions and this gets us to page 18 where we see: “It extends the conventional understanding of organised crime groups by adding all serious crime of an entrepreneurial nature or committed to support a criminal enterprise, whether by a group or an individual“, now the entire setting changes. It optionally includes all the entrepreneurial naughty people in places like Wall Street does it not? Good luck getting anything done at that point!

Then we get to the illicit drug activity. Now, I am not debating the number overall. I do not have the data to do so, yet consider the part on page 10 where the three costs are included namely Medical costs, Lost Output and Expenditure on drugs. The items are fine, it is how you set your filter, I get that, yet in all this when we consider the numbers and the setting whilst we also have been treated to the longest time to those individuals in caravans in the middle of nowhere making their acid/ecstasy junk. So when we look at Methyl​enedioxy​methamphetamine (MDMA), we can see that it is a serious crime and that we are given a dangerous setting, no one denies that, yet in all this, those singular people who do something with gallons of cough syrup (as It was presented at one point) we should also see that at this point that Peter Dutton had all the elements added together and presents it like a Ponzi scheme, or should I say that it looks like an Amway sales presentation (the one I saw at least)? You know, the one where someone states ‘replicate, don’t reinvent‘ it is a good sales pitch, no one denies that, and it is here that we see the flaw and failing of Peter Dutton.

You see his presentation adds up ‘perfect’, these numbers add up, whilst a millennia of history shows us that numbers never add up, not in any criminal enterprise; to do that I have to teach you a little data basic. The best comparison is the use of a cross tabulation. Let’s take gender and shoes. For example we see 6 men and 14 women bought shoes. We also see that 24 women and 25 men did not buy shoes. So far we get the table on the left, yet now we also get the setting that a cross tabulation will not deal with.

For example the fact where we know that shoes were bought, yet the gender is unknown or we see a gender reference and that something was bought, but we cannot see if they were shoes. These are called missing values and they will not show up in that cross tabulation and there we see the first part. It gives us the setting of crimes but not by whom, they are serious in setting but that is not enough is it? You see Peter Dutton gave us ‘help combat organised crime‘, yet not all serious crime is done by organised crime and now we have a $47 billion dollar question and in addition the failing that we are now introduced to is a much larger failing. In this we now see that we saw in the beginning when we went to the end of the story. It is seen with: ‘estimated the cost of serious and organised crime‘ and that is not enough. We could argue that it should be, we can argue that (the amount involved) is way too big, but the setting is not merely that Tech companies should ‘help’, it is the prosecution setting. The setting that there is too much junk attached and the prosecution will fail in the bulk of all those cases because the evidence relies on loaded and unproven data. It is the part that we have faced for well over 7 years. The court barristers will give every jury the speech of authentication versus non-repudiation and the second one cannot be proven (in most cases), so we end up not merely not having ‘beyond all reasonable doubt‘, there will be a high and likely chance that the courts will not even be able to prove ‘on the balance of probabilities‘ or ‘is it more likely than not‘ and it is here where we see that Peter Dutton could be optionally wasting millions upon millions of costs to set the stage of presentation that will have little to no results and that is a much larger problem. The additional play is that any smudging of any presented evidence will give us the stage that a case will be thrown out of court, how is that helping anyone?

So whilst we ponder this, we need to review the statement “And it should be noted the same companies who protest about having to help police with the encryption problem, operate their business in less democratic countries and accept a compromise on privacy to allow their presence in those growth markets“. We are not those countries are we? so at this point, we get the impression that Peter Dutton is merely a minion for the intelligence services who according to him were unable to ge to places in the first place, which implies that certain players have much larger problems and the serious cirme part, which is not on their plate is already beyond them, so there!

At this point we get to the final part where we see: “It is important that tech firms understand and embrace their responsibilities to the community that has helped enrich them“, I actually do agree with that part, yet that should be set in taxation law. A flaw that I reported on yesterday (at https://lawlordtobe.com/2018/10/11/taxation-solved-the-old-way/) which I charmingly called ‘Taxation solved the old way‘ (pun intended). So when we now consider the biggest organised crime master in Common Law (Al Capone), who funny enough got scuttled not by crime fighters but by tax laws. How we get to relearn the lessons of old, do we not?

It gets us to the quote: “Currently our police and intelligence officers who have a warrant may be able to covertly recover an email or a photo or other evidence of a crime from someone’s computer, but they can’t crack encryption, which is why it is now being exploited by criminals“, so these are criminals and not organised crime. Or in a simplistic setting that every square is a rectangle, but not every rectangle is a square. It is at that point that I will teach Peter Dutton the one lesson he never learned (optionally he merely forgot the lesson).

Consider: “When sarcasm bounces it is merely irony“, a lesson that has a much wider application that the honourable youthful young Dutton might not have contemplated yet. However, we have to consider he was only reappointed his seat on August 24th, so he has time to settle in. And the lesson does not end, the second part of the lesson is not from me, it comes from Lizzie O’Shea who gives us: “they were united for the first time in their opposition to the government’s encryption bill“, when we see united tech giants, how short sighted was this encryption bill in the first place? It gets to be a larger issue when we add the setting from World Animal Day (pun intended) when we see the two parts “Telstra has won a $8.2 million contract with the Department of Foreign Affairs and Trade (DFAT) for the landing of the Coral Sea Cable System” and “Chinese technology giant Huawei was originally set to build the 2.5TB-cable linking Australia to the Pacific island nation back in July 2017. However, following concerns that Huawei’s involvement posed a security risk, the Australian government stepped in to fund the multi-million-dollar project from its foreign aid budget“, whilst clear evidence has never been presented and in that stage we see optional nepotism and ego and not fact and science based solutions. We are supposed to trust any of the reporting parties on any of this? The articles are different on different settings, yet the entire mess as it is now shows a much larger failing and a setting of doubt, not one of justified confidence and in that we see the second part of the reason why the tech giants are uniting. A certain play performed by adjusting to the notion of stupid and short sighted whilst the captains of industry have been getting their A-game in gear and others never did. It is merely another stage of the impact of iterative exploitation and profit founding, that whilst Huawei, Google, Apple and Samsung are no longer going iterative, they are now making larger leaps over the next 5 years as they want the largest slice of 5G pie possible and in an iterative setting the others can catch up and that is where we see the clash, because these hardware jumps will also prevail in software and data jumps and some players are in no way ready to play that game. That is where this so called balanced report strikes out as well. this is seen on page 21, where we see: “Because information and communications technologies are used widely throughout society and are instrumental to government, business and consumer activities, there is considerable overlap between the estimated costs of cybercrime and the costs of other crime types— particularly economic crimes, banking and financial crimes, transnational crime, online commerce and internet-facilitated crime such as consumer fraud, online dissemination of child exploitation material and intellectual property infringement“. You see in that stage we see the mention of ‘economic crimes, banking and financial crimes‘. Here we see that Financial institutions and Wall Street come into play (perhaps ‘entrepreneurial bankers’ is a much better term). This is not organised crime because Wall Street never committed any crimes did they, yet they are at the centre of a group of people in that classification are they not? And there we see not merely the adaptations of block chains, we see that organised crime will go there (as soon as they possibly can) whilst the bulk of all the players will not be ready and any encryption bill will hinder the progress of new technology as other players are not anchors of stability, they are concrete blocks of deceleration, another part not considered in any of this.

So yet, the tech companies are uniting and there is a second part in all that. When they strike a deal with Saudi Arabia and set a large part in the city of Neom; when Saudi Arabia accepts certain concessions towards the FAANG group? I personally believe that as soon as the benefit is clearly shown to the rulers of Saudi Arabia and the headway that they could make, they will adjust whatever they can according to Islamic Law, and at what point will governments realise that their only option of control will be isolation and a loss of economy? We are not that far away from that point. Even as we were told yesterday “A senior executive who works for Google’s parent company and a former US secretary of energy have dropped out of a Saudi Arabia tech and business advisory board following international outcry over the disappearance and alleged murder of a dissident Saudi journalist“, yet as Google cloud picks up more and more banks, how long until they reverse the setting? In this the Financial Times also gave us (a day earlier): “A radical blueprint to transform Saudi Arabia through socio-economic reform and ambitious development projects is persuading banks to return to Riyadh“, so at what point will we realise that Saudi Banking is growing and that all players want them as customers? It all boils to dollars and crime is merely a cost of doing business. It is that side that shows the missing data part (going back to the cross tabulation comparison). Corporations have always been about the privileges that come with a certain network and the most facilitating one is the one they will choose, that is in the heart of the flaw that I saw regarding Peter Dutton’s claims here. A bill that stops facilitation and stops optional business on much more levels, as banks need to show more and more profit. The greed driven business model will always be destructive in nature, learning that lesson 10 years ago would have made a difference, now it no longer will.

That is part of the heart of the “$40bn of foreign money is expected to flow into the stock market as a result of Saudi Arabia gaining MSCI emerging markets index status next year“, that against a flawed encryption bill, it was a bad play, played even worse on the surface of all the facts shown and I did not even bother going all the way when it comes to the initial ‘sought to estimate the cost‘, it almost reads like ‘the lady gains weight and we are trying to determine whether she is pregnant, or if she really likes pizza‘, how was that ever going to go? Perhaps asking her: ‘Have you been screwed (over) lately?‘ It could give you a truth and a lot more non-truths. That is the problem with data, whilst moulding data in one direction, you tend to open a door in another direction too, I learned to see and seek those doors, oh and that is before we consider the estimates and the application of weights to a data file, which I do not know whether it happened. this we should have consider with the statement on page 2 ‘Where data were not available for this period, the Reserve Bank of Australia (RBA) (2018) inflation calculator was used to uprate estimated costs from earlier periods‘, the part ‘uprate estimated costs‘ would have gotten us that part, also the fact that it is not data merely a ballpark idea on what the data could be, it is not the same, is it?

 

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Taxation solved the old way

Yes, that is a nice weird way is it not? It all started yesterday when I was confronted in the Guardian with: ‘‘McMafia’ law: woman who spent £16m at Harrods is jailed banker’s wife‘ (at https://www.theguardian.com/uk-news/2018/oct/10/wife-of-mcmafia-banker-with-16m-harrods-spending-habit-named). The article by itself was not the issue; it woke up a spark in me. Now, I have nothing against wealth, I do not have any and that is fine (for the most mind you). Yet we all have ‘duties’ that we should be bound to and that is fine for the most as well. So as we understand that the UK is close to two thousand billion in debt, does it not seem fair that we all pay our share? From the HRMC point of view, especially those who should be regarded (to its wielding commander Jon Thompson, formerly Permanent Secretary of the Ministry of Defence) as an HRMC positive and subjects of interest. So as such, it was interesting to read that Zamira Hajiyeva, wife of Azerbaijani banker jailed for defrauding his state-owned bank out of as much as £2.2bn gets to live her life with a monthly spending spree of well over £100,000 a month at Harrods alone. So as we are introduced to: “The court of appeal has lifted a veil of secrecy to allow the publication of details of the UK’s first unexplained wealth order (UWO), in which the National Crime Agency alleges that stolen funds were used to buy a £11.5m, five-bedroom property in Knightsbridge, 100 yards from the doors of Harrods“. How is this even possible? And when you consider “The NCA also claims suspect cash funded the £10.5m purchase of Mill Ride golf and country club in Ascot via a company based in Guernsey. The Knightsbridge home was allegedly bought via a firm in the British Virgin Islands, which the NCA alleges is controlled by Hajiyeva“, which for me implies that she will optionally be my neighbour (or nearby neighbour) in the future (nudge, nudge, wink, wink). So when we are casually told that “Hajiyeva’s lawyers had convinced a judge to impose reporting restrictions that prevented the woman, her husband, his bank or their nationality from being reported“, I merely contemplate on how the HRMC has been wasting the time of too many people. When we see that a court ruling gives us: “Hajiyeva could only be referred to as “Mrs A”“. How does any of that make sense? So after well over ten years we see: “The court also heard that Hajiyeva had access to a $42m Gulfstream G550 jet and had a wine cellar stocked with some of the world’s most expensive bottles. Mr Justice Supperstone has ordered that Hajiyeva must comply with the UWO and explain how she amassed the money used to fund the property purchases. If she is unable to prove the legitimate source of the funds, the properties could be seized“. You would think that I care, but I do not, because it all dwarves against ‘Facebook’s UK tax bill rises to £15.8m – but it is still just 1% of sales‘, which implies that the HRMC did more damage to the UK treasury in one year then the labour party could have achieved in a decade of ambitious overspending. OK, that was an exaggeration, but the message is clear. This is an amazing amount of wrong issues regarding corporate taxation and it is time that it is addressed. The mere fact that certain political players have been paying a fast and loose game whilst we all facilitate to keep the treasury coffers in deep debt is just too large an issue. So when we see: “Margaret Hodge, a Labour MP and former chairman of the public accounts committee, said it was “absolutely outrageous that Facebook’s UK tax bill is 0.62% of their revenue here; on an income of £1.2bn they really should be paying much more than £7.4m”“, we can agree that Margaret Hodge is not whistling Dixie, yet her own party did their share of damage between 1997 and 2010, if they had ACTUALLY stepped up to the task, this situation might not have as dire as it seemingly is at present. So both isles are in the wrong here and have been so since close to 1995. When I see: “The chancellor, Philip Hammond, has pledged to push ahead with a new “digital services tax” to force the US firms to pay more tax. He said the UK would introduce its own levy if other countries fail to follow through with a globally coordinated tax plan” I would optionally refer to him as a pussy and a whimp. You see, this could have been solved by taxing at the moment of sales, in the country of the purchasing customer from the get go. Sales tax on anything sold, online through ITunes, Google Play, Facebook and all parts. It would have been so simple, but we see: ‘the UK would introduce its own levy if other countries fail to follow through with a globally coordinated tax plan‘ sounds nice, but that takes years and by the time it is implemented there is a new administration and we see delays and other objections; politicians (mostly) with the spine of a paperback, not one solid spine among them. It has gone on for way too long.

So how does one compare to the other?

Consider: “Hajiyeva is the wife of Jahangir Hajiyev, 57, the former chairman of the state-owned International Bank of Azerbaijan. In 2016 he was sentenced to 15 years in jail for defrauding the bank out of up to 5bn manat (£2.2bn)“, so someone walks into the UK, her husband in jail for allegedly stealing over £2,000,000,000, his wife is  spending well over £100,000 a month for over a decade in one shop alone and no one acts? You tell me! Who has been on social services in the UK and got a sly look for spending an additional £200 on a birthday? And it gets better! That we get from Out-Law (at https://www.out-law.com/en/articles/2018/october/new-uk-offshore-tax-evasion-and-avoidance-measures-/). Here we are ‘treated’ to: “longer time limits for assessment are being introduced for those who do not voluntarily settle past non-compliance. Criminal prosecutions will also be easier. A register of people with significant control over non-UK companies owning UK real estate is to be introduced in 2021. It will also become mandatory to disclose cross border tax planning“, so the wealthy and the creative with access to accountant and tax lawyers will get three years to plan additional barricades and avoidance discussions, as well as contemplate life outside of the UK.

So how long until we get the news that delays and bad investment timing rears its ugly head from some MP who is required to keep the wealthy just where they are? After all how can we ever afford: “£65 per person including a glass of Harrods Premier Cru Brut, NV Champagne“, well the answer is simple merely because a rough 78.4% of the British tax paying audience will never really be able comfortably be able to afford that unless they give in on essential needs, optionally for months.

In all this there is a wave of not mere injustice, it is seemingly a wave of facilitation towards the overly wealthy, criminal or not. The fact that we are seemingly lulled to sleep by too many is an additional worry. So even as we thought that the police was on top of things with the August article of the Daily Mail (not the greatest source, mind you) giving us: ‘Roll up, roll up for the criminal auction! More than £2.4million worth of crooks’ ill-gotten gains to go under the hammer including a house, diamonds, emeralds, a luxury‘ and we see: “Luxury ill-gotten goods with an estimated value of £2.4 million that were once owned by criminals are set to go under the hammer this month. The expensive items that were seized by police include Rolex watches, gold jewellery, Cartier and Hermes belts and a diamond worth £22,000“, yet this optionally alleged spender of ill-gotten gains (Zamira Hajiyeva) got to spend 15 times the confiscated auctioned amount all by herself, which includes the five-bedroom property in Knightsbridge, and a lot more that is not part of the amount I mentioned here. So, even as we are introduced to a banker who has the wealth levels of a Rothschild, we are seemingly in the dark how this is achieved. You see, I do not care about her or her husband and how they got to do it, I truly do not. The fact that for well over a decade this level of facilitation is possible in the UK and Europe is just insane. And the issue is not that there is an optional solution from 2021 onwards. Italy did something ‘innovative’ years ago. There we see: “For at least a decade, the European Parliament has approved documents that specifically ask to extend the offence of mafia association to all member states – a law that is known as 416 bis in the Italian penal code. The parliament also calls to allow unexplained assets to be confiscated, even without a criminal conviction, which is another cutting-edge “innovation” of Italian legislation to combat organised crime. But these documents, despite being approved by the parliament, have all remained dead in the water due to the opposition of several member states, and despite constant requests from Europol and Eurojust – the EU’s police and judicial cooperation agencies.” Let’s call this: ‘all shout and no progress, welcome to the EU‘, or as we saw it in the US in the 70’s with their mafia cowboy senate events, all air and no prosecution. That is what we face and before we consider going after Zamira Hajiyeva, consider that politicians are enabling Facebook, Apple, Amazon, Netflix and Google to get away with hundreds times more then we could ever collect from the Hajiyeva family. Are you still wondering why government treasury coffers are so empty? So as we were treated in March to ‘The European Union will propose a 3% tax on digital revenue this week‘, the fact that it is below 10% should be hanging offense, a hanging offense for the majority of ALL EU politicians mind you. It is time to get serious, but we are shouting against a group of people who need that FAANG group for juicy connections down the road, so I do not believe that something actually will be achieved before 2030, and as the head of Facebook northern Europe, Steve Hatch gives us: ““By the end of 2018 we will employ 2,300 people in the UK and we are doubling our office space in London’s King’s Cross, with capacity for more than 6,000 workstations by 2022. “We have also changed the way we report tax so that revenue from customers supported by our UK teams is recorded in the UK and any taxable profit is subject to UK corporation tax.”“, we are already seemingly informed of an optional one year delay regarding cross border tax planning for Facebook. Funny how that would work out, is it not?

so when you read another headline like: ‘Fury as Starbucks pays just £4.5m tax on £162m profits‘, you might feel that there is a need for fury, also realise that there will be no results, not any day soon and that should anger you a lot more and the Labour side is just as guilty as the Conservatives are, I would claim that Labour is more guilty because at the dawn of the digital age they had the option to set up a fence from the very beginning and they decided not to do that, or claim to do and fail to do, whatever seems more correct to you.

So as you were contemplating how naughty some bankers are, consider how weak politicians have been for the longest times as billions that should have been collected got facilitated for and pushed to the board of directors of corporations in America (read: their ‘fat cat’ bonus).

In the end, we could use statistics and get creative, when we consider that between 1620 and 1725, women without brothers or sons to share their inheritance comprised 89 percent of the women executed for witchcraft in New England. When you consider that, do you still think that those witch trials in Salem were stupid and narrow minded? Perhaps they were in the end really creative in legislatively through allowed legal means, acquiring large shares of wealth, who was going to stop them? Perhaps Facebook with a: ‘share if you care’ option?

Nowadays we see that ‘criminal’ has become for the most a person who got convicted, because they did not have the right tax lawyer & barrister in his/her arsenal, how the times have changed. In this we merely have to hold a candle to the thoughts of Oscar Wilde who stated: “Morality is simply the attitude we adopt towards people we personally dislike“. So as our acceptance of wealth and money takes over, morality becomes a mere obstruction towards further gains.

I should have applied to Mossack Fonseca with my Law degree when I had the chance.

 

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The price of identity

We all have needs, we all have identities. It is important to us, as it is for many others. No one debates or disagrees with it. Yet what to do when identity hinders us? When we see the Washington Post (at https://www.washingtonpost.com/world/national-security/former-nsa-deputy-is-mattiss-leading-choice-to-head-the-spy-service-if-it-splits-from-cyber-command/2018/10/05/1be8d7a8-c73d-11e8-b2b5-79270f9cce17_story.html) giving us ‘Former NSA deputy is Mattis’s leading choice to head the spy service if it splits from Cyber Command‘, we need to consider the impact of identity, corporate identity, governmental identity, military identity, projected and presented identity. They are not the same and can vary to a much larger degree. When someone is part of what used to be referred to ‘No Such Agency‘. We will get the impact of identity; we all know that and many faced it too. Look at any friend or co-worker you have ever known and ask him/her about the impact of a merger and they will tell you, there are changes. Some are subtly, some are not noticed, yet others are, usually in infrastructure and the way things were done. Now the change tends to be for the good in the long run but that is not a given.

So what gives?

It is my personal observation and a highly speculative one at that. Yet I believe that the Washington Post giving us: “The current head of both organizations, Gen. Paul Nakasone, has urged Mattis to keep the NSA and U.S. Cyber Command under one leader on the grounds that the nine-year-old military organization is not ready to stand on its own, these people said. In recent weeks, Mattis was close to a decision to separate the leadership arrangement, but Nakasone’s counsel has caused him to reconsider, according to two U.S. officials. The officials spoke on the condition of anonymity to discuss sensitive internal deliberations“, is not entirely accurate. I believe that ‘military organization is not ready to stand on its own‘ is not the setting that matter. I believe that Stratfor who gives us ‘A New, More Aggressive U.S. Cybersecurity Policy Complements Traditional Methods‘ is very much at the heart of that. I believe that the general is not ready or perhaps unwilling to set the offensive and aggressive part in motion. Now, this is no bad reflection on the general, let that be a first. He is well decorated, he has seen the field in many ways and he has done a fair share of field events. He has earned his rank. I merely wonder that a man who has seemingly played a defence and protection game is the man for the offense. I think that this is a football moment, and as a non-football expert (and a 49ers fan) I would compare the General to DeMarcus Lawrence from the Dallas Cowboys against what the US seems to demand is a Derrick Henry (Tennessee Titans), or even a Tom Brady (New England Patriots), roles that are not really moveable. Even as a Quarterback might become a really good Derick Henry that Quarterback will never become a DeMarcus Lawrence. The defence and offense game is that far apart. This is where Chris Inglis comes in. He is an analyst (at heart), he is used to counter offensive strategies and introduce strategies of his own (effective one’s mind you). I believe that this is the game that is in the open at present and these two will need to find a way to make it work. Not merely because it is good for the needed strategy, but because the segregation of the two elements might hurt U.S. Cyber Command in a few ways, not merely funding, but the elements that U.S. Cyber Command currently have access to will partially fall away and getting two infrastructures like the NSA is unyielding, unaffordable and in the end will introduce flaws and dangers on both sides of the isle making the setting (as I personally see it) a non-option right of the bat. Stratfor gives us a few other items.

One of them is “A best-case scenario for a U.S. cyberattack would be disabling computer systems and networks being used against U.S. interests to prevent an attack from happening or to disrupt an attack that is in progress“. The problem there is that some of the opponents are getting to be really good at what they do and a few of them are not state driven, not by any state changing the dynamics of the solution. Even as I discussed the hop+1 strategy almost three years ago, settings like that require an expert layer one knowledge and the players cannot both have these experts changing the needs of the infrastructure overnight.

The second consideration is: “Perhaps the main challenge to U.S. engagement in tit-for-tat cyberattacks is that the United States is by far the biggest target for such attacks“. That might be true but that goes beyond mere true enemies, it includes a truckload of students wanting to finger the man (or is that giving them the bird)? Do they really want to waste resources to those people whilst the US has actual enemies in the world?

The larger issue is seen with: “Discussing the strategy, national security adviser John Bolton hinted that the administration had already taken steps to bolster offensive efforts in recent weeks, warning that the United States is no longer just playing defense when it comes to cybersecurity. But despite the Trump administration’s more hawkish tone regarding cybersecurity, it will continue mainly to rely on traditional measures such as the legal process, regulations and cooperation with the private sector when it comes to cybersecurity” It is here when we get the consideration of the resources required. The defence, offense and legal sides of it all becomes a real mess if the two split up giving the chance that targets and issues walk away on technicalities. How does that help?

The strategy s even more profound when we consider “Clandestine, discreet attacks are certainly already key elements of U.S. cyber tactics. There have likely been more examples of U.S.-launched attacks that have not come to light, perhaps because they were never recognized as cyberattacks. While the less known about U.S. cyber capabilities, the more effective they will be when deployed, this by definition limits the deterrence value of U.S. cyber capabilities“, at this point is the setting of ‘discreet’ that comes into play. With the two separated they will get into each other’s fare waters and more important give accidental light to the discreet part of the operation, there will be no avoiding it, only the most delusional person would think that it does not get out when more than one player is involved, because that will always introduce a third item being the intermediary, the cold war taught many players that part of the equation. And that is even before we get to the statement: “recent cases like the September indictment of North Korean cyber operatives, which displayed heavy FBI reliance on private security firms such as Mandiant and Alphabet to collect technical evidence and carry out investigations“, now we see the folly as Mandiant and Alphabet are mentioned, the entire matter grows further as soon as Constellis becomes part of the equation. That is beside the point of realising (highly speculative on my side) that neither three Mandiant, Alphabet and Constellis have the required safe servers in place to prevent names, places and facts from going out into the open. I might not be able to get in, but there are dozens who will get in and that voids the security of the matter to a much larger degree. For arguments sake I will leave Booz Allan Hamilton out of that equation, they have been snowed on long enough.

And even as we see the instance of legal preference, the US must realise that any attack from state or non-state parties in China or Russia has close to 0% of being successful (outside of the exposure part), the entire matter in case of the OPCW in the Netherlands is one. An attack was thwarted, yet was it THE attack? The guardian article (at https://www.theguardian.com/world/2018/oct/04/visual-guide-how-dutch-intelligence-thwarted-a-russian-hacking-operation) reads nice, and we see all these facts and from my point of view, things do not add up. You see, I would have used the car that we see mentioned “In the boot of their car was uncovered an arsenal of specialist electronic Wi-Fi hacking equipment” as a fire and forget consumable, use it as an access point, segregating the hacker from the accessing unit. When you have (as they stated) “cash: €20,000 and $20,000” getting a second car far enough to access yet not be directly linked is seemingly easy enough. Then there is the setting of the photo at Amsterdam’s Schiphol airport. I am not debating the issue of the photo, it seems genuine enough. In this operation they did not fly to Germany and took the train, or take a car and cross at Oldenzaal, Emerich, or even via Belgium and enter via Antwerp, or Eindhoven. It almost read like they wanted to get noticed. They know that Amsterdam Airport is high tech and nothing escapes their camera eyes. To me (a paranoid me) it comes across as ‘Where did they not want us to look‘. A mere sleight of hand deception, and again the entire GRU mention. A phone outside of that building and they had the taxi receipt? No one merely driving them to the airport in Russia or even them taking a bus from any hotel in Moscow. No a taxi receipt of all things, is anyone buying that? So in this it is not the Dutch, it is the Russian side that makes no sense at all.

How did I get there?

This is the initial setting of offense and defence. The proper application of strategy in all this matters, because we seem to undervalue and underestimate the need of either in all this. Because we get to push a button anywhere and anytime we seem to underestimate on what is recorded, what is collected and what can we verify. That entire mistake is how any offensive strategy can optionally become folly from the moment the instigation of ‘press any key‘ to start gets us. Proper offensive is not about doing what needs to be done, it is about being able to prove who did what. Perhaps Sony remembers that part as they were given that it was North Korea did something, whilst their computers were not even close to PC gaming ready, the mere processor, which was about 25% (at best) of a 1994 Silicon Graphics Indigo system is not the system that gives you what you need to hack the night away. The tools are equally as important as the access and ability to negate identity. When you see that part, the entire hop+1 intrusion path makes a lot more sense.

This now gets us to the end of the Washington Post, where we were treated to: ““As the build of the cyber mission force wraps up, we’re quickly shifting gears from force generation to sustainable readiness,” Nakasone said in a statement in May. “We must ensure we have the platforms, capabilities and authorities ready and available” to carry out successful cyber-offensives. Some former senior intelligence and defense officials oppose separating the “dual-hat” leadership arrangement, including former NSA Director Keith Alexander, former Director of National Intelligence Mike McConnell and former Defense Secretary Robert Gates. This week, former CIA Director David Petraeus, a retired Army general, said during a Washington Post cyber summit that he’d keep the dual-hat arrangement “for the time being.”” It is not merely the ‘we have the platforms, capabilities and authorities ready and available‘, you see, when we get to capabilities we see the need of offensive players and even as Cyber command might be aces in their field, the offensive game differs to some degree and even as we see that they are way above the student levels, we get back to the Football equivalent you see the application of defence and offense. It is not DeMarcus Lawrence versus Derrick Henry, the question becomes can DeMarcus Lawrence be a Derrick Henry that is good enough, that is the battle within. The mere realisation that if you fail this when the offensive is broken into a train wreck that makes the limelight in every paper, that is the game that is the dilemma that Gen. Paul Nakasone faces as I personally see it.

And when we see Stratfor with the one little gem we did not consider, the mere proposed fact that North Korea has a mere 9,000 IP Addresses, do you really think that they could have done this all, or are we in a setting where someone had the ability to act on BGP hijacking and was able to mask it to the level it needed to be masked at, because that was the offensive play that needed to be considered and there was no way that the evidence had been uncovered to that degree with a backdoor could be removed with a simple reset of routers.

#FourtyNinersRule

 

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Trademarking idiocy

Is it not great that we have trademarks? You see, a trademark can be used to set a level of protection to names that are unique. Trademarks are granted to protect established brand names from inferior competition. It is in that we could trademark ‘MattHancock’, we need to protect this as such levels of what I regard to be almost Olympian levels of idiocy. When this trademark is widely known we could set the stage that people can be silly, stupid or even idiots, yet you can never get beyond a certain level of idiocy as it is limited to Matt Hancock.

Why is this?

Well, to see that we need to look at actually two elements. The first is the Independent that gives us: ‘Government orders chief medical officer to draw up guidelines on social media time limits‘ (at https://www.independent.co.uk/news/health/social-media-time-limit-facebook-instagram-twitter-snapchat-matt-hancock-a8561511.html). When has this ever worked? When we are seeing the blame game with: ““The terms of reference of Facebook and Instagram say you shouldn’t be on it if you are under the age of 13,” he said. “But they do nothing to police that. The guidelines for WhatsApp say you shouldn’t be on it unless you’re 16. But again, they don’t lift a finger.”” We get it; people need to be on a certain age. Yet, how to check it? Well, did Matt Hancock think of the most usual path? Perhaps leave it to parenting, more important, if someone is caught with these apps whilst not being of the right age, how about holding the PARENTS accountable? This is not something for the law, to prosecute, and when you get there, we get a trial that is a joke because the person was underage. How about making the parents prosecutable in all this? This is all about kicking certain players again and again, whilst they are in a corner. This is too much about getting waves and political election cloud, whilst we all know that the setting is a joke from the very beginning. To see that, we merely need to look at the BBC article (at https://www.bbc.com/news/uk-politics-45693143) give us: “A Guardian columnist highlighted the security breach on Twitter and the BBC was also able to access private details of people attending the event. The Conservative Party apologised for “any concern caused” and said “the technical issue has been resolved”. The Information Commissioner’s Office said it would be making inquiries. BBC political correspondent Chris Mason said the technical glitch was “deeply, deeply embarrassing” for the party“, so the one party that cannot get a decent grasp on common cyber sense is going to police time limits on social media? How laughingly stupid can a person get?

So when we are treated to: “One of Labour’s shadow cabinet, Jon Trickett, criticised the Conservatives for the breach and said: “How can we trust this Tory government with our country’s security when they can’t even build a conference app that keeps the data of their members, MPs and others attending safe?”“, can we also take that leap of faith that the overall comprehension of certain parts in all this is beyond the ability of politicians on both sides of the isle?

I can agree that when we see: “Meanwhile, public campaigns such as Scroll Free September have been launched to encourage the public to use social media less. The initiative, from the Royal Society for Public Health (RSPH), asked people to stop using platforms such as Facebook, Instagram, Twitter and Snapchat during September, or to cut down the amount of time they spend on them“, we need to consider that this is not the worst idea. Just like ditching the car for a day. It is not within the option for many people, but some might be able to see if they can do without social media for a day. The problem is that everyone is focussed on Facebook and Instagram, yet the setting is a lot larger than that and setting this stage to these two is one of discrimination which is a hot potato on several sides. In addition, must tertiary educations rely on social media like Facebook to get their message across not merely on events, but also on causes and interest groups that use Facebook to get their message across, what happens when you are out of time? It is an overall usage where critical analyses of how it is used is close to impossible, because that requires access to data to set the stage, and that caused most of the problems in the first place.

Yet, we also need to see and admit that Matt Hancock does have his heart in the right place. We see this with: ““I am, as a father, very worried about the growing evidence of the impact of social media on children’s mental health,” he told The Observer ahead of the start of the Conservative party conference in Birmingham. “Unrestricted use (of social media) by younger children risks being very damaging to their mental health” and it is in equal part also part of the problem. This is seen when we see ‘Unrestricted use (of social media) by younger children risks being very damaging to their mental health‘, so where is that evidence? I am not stating that it is not true; we merely want to see presented the actual evidence, is that too much to ask for? We get it, there will be risks, there will always be risks and they optionally endanger children and that is one part. Yet, since when are parents no longer accountable for the actions of their children? An entire set of messes, an entire batch of resource wasting and cost sin all this, whilst the stage is simple. The parents can be held accountable for the actions of their children, as well as the impact of these issues on their children.

An entire mess solved by setting the stage of responsibility with the parents and carers.

This gets us to the setting that matters. You see, even as I called him an idiot, he has a good degree and was educated in Oxford and Cambridge, and these two places do not seem to educate fools, so is this merely a setting of wasting our times, or is this about something else? Is this the beginning to set social media censorship on a new dock and in a new ship (the good ship lollipop) and set it afloat like a fireship? Thee tactic makes sense, yet the entire setting is too shallow as I see it. I cannot be the only person to hold the parents accountable in all this (when the social media child is under 13)? So when I see “Mr Hancock hit out at both platforms, which share an owner, over a lack of policing of their rules on age limits“. This seems less about mental health and more about collecting true identity settings in all this. It seems to me that the people behind all this require more data and they are in a nightmare scenario that they themselves created. Now that the setting is overboard the government has no path to solve it all and now they are blaming social media to a much larger extent to police using privacy based data. How can you check the age of an underage person? You cannot! That is the simple truth and holding the parents accountable in all this would have been the first and sensible part in all this, yet that was not done, was it?

So even as the conservative cannot get their own app under control, they are not demanding additional policing that is not policed (and should not) under normal conditions and is set on the same shallow state as the demand of one hour to remove certain data, and the mess is about to get worse with

You see it gets worse with: “Home Affairs Minister Peter Dutton introduced the new laws to the Parliament, saying they are needed to help police and spies catch criminals who are hiding behind encryption technology“, in this Australia is setting a more dangerous stage. When we consider the setting that we see everywhere with: “Keeping your password safe. To protect the information in your computer account from unauthorised access: Do not share your username and password with anyone. Except in the case of a shared departmental account, you should never disclose the passwords for your computer accounts to anyone“. So it might be a golden day for whistle-blowers as they claim to be working for the police getting others to give out their passwords. The mere ignorance on common cyber sense will increase the damage well over tenfold and whilst criminals move towards burner phones and more important burnable memory cores we see that the police will have truckloads of data of all people with no criminal intent. In addition, there is every chance that with: “He said this potentially compromises his business, putting it in breach of Europe’s tough new GDPR data privacy laws and he would have to give privacy breach notifications to his clients” some companies will see dangers to their IP and move away from Australia, merely letting them have third tier access and mere consumer base based products. In this setting all developers would eagerly run away from Australia to protect their IP and patent data until the patents were granted, giving Australia additional downturns soon after the bill passes. On the other side, we will start travelling without our devices and rely on an empty burner phone that allows us to work, but will not retain any data outside the cloud. In that setting how were any of these actions anything less than stupid with a capital S?

People will find a way around it giving the governments less options and a lot more headaches, it never made a difference and the dangerous elements will take additional measures leaving the prosecution services with even less evidence to work with. It is trademarking idiocy on a new level, happy Sunday!

 

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Blame and culpability are not the same

The setting is one that has been going on for a while. We can hide, we can blame. Yet the culpability is one that is much larger and it is seemingly aimed at the wrong people. The one that did set me off most was not some Murdoch article, you would expect that. No, it was the Times with: ‘The Grenfell fire inquiry has revealed serious shortcomings in firefighters’ training, but none so serious as a reluctance to react to fast-changing events‘. If we look at certain elements, we can deduce that part and give that a thumb up rating. Yet, I do not believe that this is the case, I believe that certain players are setting the stage and the lighting on the people in this oversized drama, whilst the light is moved away from the actual events and the actual players behind the screen. You see a lot of issues were clear within 5 minutes (always the case after the facts), I spoke about them in my blog of June 2017 ‘Under cover questions‘ (at https://lawlordtobe.com/2017/06/23/under-cover-questions/). The brochure alone gave me so many red flags that this was a much larger danger. So before there were firefighters. There were the people behind the renovation, there were the decision makers, there were the architects of the plan, there were the people who gave the final word. These people were to be fried, baked and were to be interrogated in a very uncomfortable way. When I wrote it, I also saw the Guardian article ‘Complex chain of companies that worked on Grenfell Tower raises oversight concerns‘ raising a few additional concerns. So when we look at the Grenfell Tower Inquiry. We see (at https://www.grenfelltowerinquiry.org.uk/news/prime-minister-announces-inquiry-terms-reference) the following points.

(a) the immediate cause or causes of the fire and the means by which it spread to the whole of the building;

(b) the design and construction of the building and the decisions relating to its modification, refurbishment and management;

(c) the scope and adequacy of building regulations, fire regulations and other legislation, guidance and industry practice relating to the design, construction, equipping and management of high-rise residential buildings;

These are the first three points, and it seems to me that this should have been the order. Now, I can accept that they are working on the firefighters first, as the better it is in their memory, the better the quality of the statements. Yet, it is my personal believe that the Times misfired (one of the least likely events in the history of journalism) for the simple reason that nothing about this fire was normal. Anything that could have gone possibly wrong did and when we go back to one of the scariest parts in all this was talked about in my earlier blog too. The footage (at https://www.youtube.com/watch?v=gUtjSspO_BU) gives us the recordings on the fireman still on route trying to get TO the fire. They were in disbelief that this was real, so even we hear the talks on the fire fighters being banned talking to the media. Now we see the disgraceful words of the Times (which is an unique in my view as well). The revelations by John Sweeney (at https://www.youtube.com/watch?v=TrzcjUhf61w) give us even more (not at present, but at the initial point), it gives us that the first fire engine arrived in 4 minutes. The BBC gives a much better light and the one part that I stated in the beginning and still believe that is true, is that the Firefighters should have been made untouchable by the media until the inquiry is done. Even as we see the critical answers that BBC Newsnight received by Matt Wrack, General Secretary of the Fire Brigades Union is an internal one and he is stating that certain things needed to be looked at. Certain protocols had to be changed. Yet here too the bigger story is not merely what was missed, or what was done. It is what should have been there from the earliest beginning and we see close to zero on that. Yet there were water pressure issues, it was not enough to fight fires, and it became worse when all the levels of concrete hindered communications. Yet the first light was given by Sky News on November 27th 2017 when we hear (at https://www.youtube.com/watch?v=3pS3cIF6g24), at 0:45 we hear “we had a push to insulate buildings and easiest, the cheapest way to insulate them is to use these combustible materials“, a clear danger, the Reynobond PE brochure calls even more questions on the failing, yet all eyes are on the fire fighters and I found the Times article the most upsetting one. So, we would not have been surprised to the Telegraph giving us: “The inquiry has previously heard from Dr Barbara Lane, a leading fire engineer, that the controversial stay put policy had “substantially failed” by 1.26am when flames could be seen to have reached the top of the 23-storey tower block“, I expected more and better from the Times. You see, the ‘Stay Put’ protocol makes perfect sense, if all the proper elements are in place and we learned later that not only were they not in place, we see the effect of a fire growing outside of a CONCRETE building that caused the dangers. A danger I correctly identified in less than 5 minutes, and that included the time required to Google search the Reynobond brochure, downloading, and reading it.

We are also given from several sources that repeated warnings were ignored. And that gets us to part 4 of the inquiry. There we see:

(d) Whether such regulations, legislation, guidance and industry practice were complied with in the case of Grenfell Tower and the fire safety measures adopted in relation to it;

There is an important overlap between part c where we see “industry practice relating to the design, construction, equipping and management of high-rise residential buildings” as well as part (d) where we see: “whether such regulations, legislation, guidance and industry practice were complied with“. Here we get to understand the setting of the stage for the fire, yet the stage is larger. The entire consideration by the decision makers on the refurbishment of Grenfell and what happens after are receiving governmental isolation from the event and there is where we see the setting of the Kensington and Chelsea Tenant Management Organisation (KCTMO). When we consider the message on September 27th 2017 where we are treated to: “Kensington and Chelsea Council (RBKC) has voted unanimously to terminate its contract with the landlord of Grenfell Tower“, we still see that there is not one, but there are two elements missing in the dock and the people have a right to grill these two players as well. It is my personal view that there is a systemic failure here, but the reach of the failure is a little in the wind as we are unaware of all the legalised settings of responsibility, that is also an element that we should look at, because the deeper the failure goes, the larger the problem for London and its mayor Sadiq Khan.

So even as Sky News treats us to the LFB chief testimony with: “The London Fire Brigade chief told the inquiry she would change nothing about her team’s response on the night of the fire and defended the crews’ “fantastic” actions – to which survivors in the room shook their heads“, I wonder how many saw the YouTube video where the firemen saw the blaze already going on and these people still ran into the fire with whatever they could. That in view of “At that point £300,000 was removed from the cladding budget and zinc panels were replaced with the aluminium composite material with the plastic core“, It is at this point when we need to realise that the Chair of Grenfell gives us what is actually important ion all this: “Sir Martin Moore-Bick, the chair of the Grenfell Tower inquiry which opens in full on 4 June, has said he wants to find out “what decisions about the exterior of the building … were made, by whom and when”. He also wants to know whether the cladding and insulation met building regulations and standards, who was responsible if they did not and “what factors or motives influenced the decisions”“, this setting as given by the Guardian in May 2018 reflects what I stated a year earlier, it is what matters and whilst everyone is having a go at the London Fire Brigade, whilst the initial phone call on a stove with a fire did not include the part: “We are about to call you to a fire that has (intentionally or not) been designed to become a roman candle, burning hotter than a crematorium, designed to kill as many as possible and leave nothing in working order when the fire is done, you will optionally never ever have trained for such an event, as this has not happened since the 1974 when John Guillermin created the Towering Inferno“, which with the eye on irony was actually made by heaven forbid, a British film director, all elements ‘clearly’ seen and not currently reflected upon in the inquiry until much later (not the movie part).

Yet the movie part still matters, you see, when we take a little trip back into time, we see the events of February 1, 1974, the same year the movie was made. Here we are treated to the story of the Joelma Building disaster. Here too we see that there was no sprinkler and no smoke alarms. The 1974 Joelma Building fire was the worst skyscraper-related disaster in history until the terrorist attacks on the World Trade Center in 2001, and when you realise that the fire brigade was left with no options and that the fire went out on its own because there was nothing left to burn, only then do you perhaps realise that this was a clear sign that the story was not about the firemen, it was about the 179 people who lost their lives. Add to this the setting of the Lakanal House fire of July 3rd 2009 in Camberwell London and when we realise that at a meeting of Southwark Council, Cllr Ian Wingfield called for a “full and independent public inquiry” into the fire, which was supported by the Fire Brigades Union and that no public inquiry was conducted into the Lakanal House fire. We end up being treated to three clear signs that Grenfell could have been avoided largely BEFORE the fire even started. We get that final part through: “the fire spread unexpectedly fast, both laterally and vertically, trapping people in their homes, with the exterior cladding panels burning through in just four and a half minutes“. All clear statements of facts, all evidence on what happened, not reflected on and with “At that point £300,000 was removed from the cladding budget“, we see what clearly might reflect on the criminal setting of Murder through optional intentional negligence. I wonder if the inquiry will ever touch on that, at present, with the Times giving us ‘shortcomings on fire fighters’ the survivors and for now living relatives of Grenfell, they are not given the whole setting and even as there is a governmental need to critically look at Grenfell tower, it should show a lot more because I am decently certain that the failure will remain after the inquiry. You see, I will call on another piece of evidence, it is the instructed actions by solicitor, Vimal Sama, dated 25th July 2013, where we see that Francis O’Connor was facing optional prosecution on: “defamatory behaviour” and “harassment.” (the Independent at https://www.independent.co.uk/news/uk/home-news/grenfell-tower-fire-blogger-threatened-legal-action-kensington-and-chelsea-council-health-safety-a7792346.html), in that part, when we see the actions of “Kensington and Chelsea Council threatened a resident of Grenfell Tower with legal action after he blogged about his concerns over fire safety“, so did the media ever give everyone in London that particular blog and those relevant stories? In addition that article also gives us: “It has also been reported that former housing minister Brandon Lewis “sat on” information and resisted making sprinklers a legal requirement because it would “discourage building”“. In light of that at what point will the chairman of the conservative party be asked a few questions on the wisdom of resisting making sprinklers a legal requirement? Was that after he left that the impact would have been noticed?

All these valid questions on the setting that matters in a few areas (perhaps not at present at this exact stage of the inquiry), yet it gives me the first and perhaps only moment when I feel that this might be the one and only time that I tell John Witherow, editor of the Times:

Bad Form! This was badly done!

 

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One thousand solutions

Yes, it has been 5 years in the making, or was that six? But the day is here, today is my 1000th article. So in light of some of the slamming that I have done against Microsoft (which they deserved and it was highly entertaining for me as well), it is also just to give recognition where it is due.

To see that in its proper light, we need to take a jump towards Sony, the very first PlayStation and a game called Gran Turismo. The first having the highest rating was one that stood out. You see, Kazunori Yamauchi gave us with Gran Turismo something that we had not seen before. Oh, we had seen racing games going all the way back to the CBM-64 with pole position. Yet Gran Turismo was something new, something unheard of and the screenshot that you see here might seem laughable to you now, but this was 4 console generations before now and then this was amazing. It was new it was fresh and it gave the players something that they had not had before and we all loved it!

These elements are important when we realise the article on Forza Horizons 4 for Xbox One (X) when we read “There’s almost been a sense of rediscovering what Britain is. I don’t think we’ll ever make a game quite like this again“, they were the words of Ralph Fulton. I personally believe he got it right, but he was not correct. I believe that this game added heart to Britain, which is a lot more then you bargained for. If there was one game that gives light to the consideration to buying a model X console then this game is it. The images are not merely about the cars, the views of wherever you drive, whenever and in what weather just jumps at you; it surpasses almost everything you will have played in racing games, and in this, even me, who is not a racing fan at all, I got blown away. They did not merely add some tracks to race, they gave us the UK to race in, and everyone, not merely those in the UK seems to be loving it.

I have written this before, so why repeat it?

Well, in my view Microsoft did something that Ubisoft should have done. You see, if you plan to make a game that is designed not to be a failure, you’ll never create a true winner. To do this, you need to jump out of the box and optionally burn it. This is seen on a much wider scale. We get part of this with ‘Instagram co-founders resign to explore ‘creativity again’‘ (at https://www.theguardian.com/technology/2018/sep/25/instagram-co-founders-resign-to-explore-creativity-again). Here we see that “Kevin Systrom and Mike Krieger, have announced their resignation from the company, which is owned by Facebook Inc, saying that they are leaving to “explore our curiosity and creativity again”“. We can speculate on whether this is the full truth, or whether there is the setting that Mark Zuckerberg has made some colossal errors and these errors are not done yet, they are still to some degree escalating and as the wild wild west of the internet is now in a stage where governments are starting to ‘cooperate’ on setting rules and regulations in place. We see the Independent giving us last year: ‘Government outlines plans to ‘regulate the internet’ and get rid of problem content‘, which is hilarious for all the usual reasons.

So, as we see how government is introducing rephrased ways to set censorship, instigate discrimination and avoid issues of accountability, we are left to our own devices and there are more and more devices arriving, all remaining in some set league to avoid setting the stage where data is the most eagerly desired currency, because some people are not willing to go there just now. the one element avoided is that whilst we see in paces everywhere that porn is a problem, we see that it is so widely available that the internet is not the problem and that identification is at the heart of the matter, because America is not the solution, America has for the longest time been part of the problem. It has been for quite a while. It wants to police the internet, it wants to have freedom and set boundaries, but only as long as it does not hinder American business and that was the problem all along. Even as the numbers are not up to date, when you consider that “When faster internet led to a boom in video pornography in the mid-2000s, worldwide industry revenue skyrocketed to an estimated $40-$50 billion” is set on taxable dollars, do you think that America wants to do anything that is realistically achievable? I remember the short discussion that was going on somewhere around 1993-1996. I forgot the actual date, but there was a discussion that was started by the adult entertainment industry. They were the adults staging the setting that by having an .XXX domain (or something similar), there would be a place for adults and children could more easily be kept away. It did not go far and it was not successful as some religiously pushed people wanted all the porn from the internet. So tell me, after 20 years, how did that go? American bias, ego and greed stopped a whole range of solutions getting through and some could have made a decent impact. All stopped by ego and greed. It gets to be worse, because as the US is now trying to arm wrestle IP powers away from the people and making it government goods. To see this, we need to take a look at the IP Watchdog (at http://www.ipwatchdog.com/2018/03/01/u-s-patent-system-americas-decline-competitiveness/id=94249/), and we get treated to: “To find out who is responsible for the demise of American competitiveness you only reflect a mirror against U.S. innovation policy“. We see additional parts with: “China has established courts that specialize in intellectual property litigation so litigants have an experienced, fast and cost-effective forum to resolve patent disputes. These specialist courts take about 10 months to resolve patent infringement lawsuits with litigation costs running at approximately $200,000. In contrast, patent litigation in the U.S. often takes five or more years to resolve with litigation costs running in the many millions of dollars. A fairly ordinary dispute when litigated in the U.S. can easily surge past $3,000,000 when you factor in the inevitable post grant challenges (each of which will run $500,000 to defend, sometimes more) and the federal court litigation after that“, Yet another source (the Diplomat) gives us: “The United States government believes that IP protection is critical to both the physical and economic security of the country. IP protection ensures that American businesses, which produce a disproportionate percentage of their value in IP, will remain competitive on the international market. The U.S. government also believes that advanced technology is critical to U.S. military superiority, and that protecting this technology (through IP law and other means) will keep the United States ahead”, the setting of security and the stage of innovation have been opposing one another almost forever, so how does that help innovation? And when we consider ‘IP protection is critical to both the physical and economic security of the country’, how long until some level of ‘national security’ stops the IP from remaining with the actual owner that filed the IP?

It gets to be shown as worse off, when we consider both: “patents challenged in federal district court as claiming unpatentable subject matter were invalidated 67% of the time. The vast majority of these invalidated U.S. patents would have been deemed valid under current Chinese patent law, and some of these invalidated patents do actually remain valid and enforceable in China, Europe and elsewhere throughout the world“, as well as the economic setting which we got last March with “a whopping $215 billion in sales for medications could be lost from patent expirations between 2015-2020 and $31 billion are at risk in 2018 alone“. How do you think the US economy will get hit when certain nations start their generic solutions, lowering medication costs by optionally thousands or dollars per patient for both hospitals and patients?

As the patent holders are now also realising that there are added benefits to be part of the Chinese IP system and due to a lack of enforcement, the US market is no longer of decent value, we see that they are confronted with global benefits against much larger local setbacks and limitations.

How does one relate to the other?

There is a correlation between video games and patents (yes there really is). The correlation is seen in creativity and out of the box thinking. The conservative path of: ‘make sure it is not a failure‘ stops innovation. You see, we have been treated to so many resources that some people cannot fathom how some solutions were designed on a 2 MB RAM, 1 MB VRAM system, with a disc that had a maximum of 650MB (the original PlayStation). The makers avoided all kinds of traps and found new innovative solutions to make the game work. Gran Turismo is one of those jewels that show what a system when properly used to the max could achieve. As we went to iterative solution thinking, we lost the ability to become truly innovative and that is where we see that innovative patents no longer are, merely in the presentation are they optionally regarded as innovative, and that is where we see the next wave of technology.

Even as we are still confronted with the allegations against Huawei, we got shown 6 months ago: “Huawei filed 2,398 patent applications with the European Patent Office in 2017 out of a total of 166,000 for the year“, basically 1.44% of ALL files European patents were from that one company. And when it comes to innovation, we were treated to: “In our first [5G] smartphone we’re going to introduce a foldable screen“, and if you think towards the old flip phones think again, you merely have to consider the concept image to see that actual innovation in not merely a jump from iPhone 6, to iPhone 7. When we start seeing Huawei optional speculated settings, we see an actual jump and we can agree that to some extent 2398 patents do make for an interesting push towards the future.

This all takes another leap forward when we consider that if we want to be players, the iterative model no longer works. We need to be first and we need to be better than everyone else and iterative thinking is what merely gets them second place. It is not merely brand marketing, it is becoming a new level of marketing all together. We merely have to see the settings and changes we see towards Neom in Saudi Arabia to see the potential there. It is Ericsson that has already set the stage where the UAE has the potential to gain business benefits of $3.3B over the next 7 years, that is an additional $500 million, nothing to sneer at and when we consider the opportunities we see when we add the stages and places that Salini Impregilo is already working on, we see the growth of a long term stage with dozens of golden parachutes for those who have the financial backers to get it up and running. Take information to a new level, not merely showing up on a display, but for you to tune in with your phone or tablet and select what you want to see, with the optional setting of “Line 3, also known as the Orange line, is 41.5km long with an 11km underground section. It will have 22 stations“, two 5G stations on the line and repeaters at every station will suddenly give you thousands of users, getting informed by you, giving them choice of what they want to be informed about and with the smart dumb devices I mentioned a month ago, you get the setting of any train with up to 250 people getting informed. It is not merely marketing at this stage; it becomes entertainment facilitation with personalised advertisements. Creating branding and loyalty at the same time, because it is the first trip, that moment when you are going to work, or going home when consistency tends to be a need for so many travelers, that is where the next stage is and that is in Riyadh, expose that to the Neom stage where the city is 32 times the size of New York, it is no longer merely on how fast people get from one place to the other, it is the setting that people will want and need information at this moment, the one giving what they need is the one with the information required. It is no longer mass media; it becomes what I would call ‘Legion media‘, a facilitated one to one media solution for all. Not one stream all watch, but hundreds of media streams interacting seamlessly on the needs of the user giving them one seamless stream of information. A fluidic setting of interactions as configured/disseminated for the viewer, all personalised and automated; a situation that requires 5G to work and a solution that remains fluidic for the changing need of the user. We know the reality of Neom being years away (apart from the act that building will take quite a while), it will be now that we see the need to prototype and pilot those new projects to get the flaws out and stage the setting for large deployment, for the mere reason that new solutions are nice to have, but when your new idea fails on day one, that entire city will switch to the next solution on day two and never consider you again, because that too is the stage of 5G. It will be more and more about getting it right the first time. I wonder how many developers have realised this and most of them will trivialise that of course, and it makes sense that they do. Yet when the backers learn that the 5G community will be a lot more critical than ever before, will they still continue backing, or will they hide behind alternative wealth bringing solutions?

You see the apps that will be the most valued and priced ones are not the ones that look cool. In 5G it will more and more about enhanced pragmatism and managing of your personal infrastructure. Did you not figure that out? When we see the options that Saudi Arabia brings, we need to also see the limitations that it has. So the right ability to manage that through domotics and smart solutions will be close to everything, pre heating, pre cooling, adjusting, shopping and groceries, all done on the fly when you have time.

Even when we see the opposition (always important) giving us: “King Abdullah Financial District north of Riyadh, meant to rival Dubai as an economic hub, is still incomplete after more than a decade. As of last April, nary a financial institution had agreed to occupy any of the district’s 73 buildings“. I think that this is important too. Is it merely the language? You see, when we see: ‘Financial District‘, we think Wall Street and consider that area. Yet when we see: “Designed by architecture firm Henning Larsen, the 17.2 million-square-foot master plan calls for over 60 residential, office, and retail towers, several schools and parking garages, a medical clinic, civic buildings, and three hotels“, we see a lot more than merely a financial district, we see an almost self-contained city. You see when we see the larger scale I see an optional obstacle, not a negative one, but one none the less. To give comparison, I need to take you back to an original game. It was called ‘Sim City’ and it was a game, but gave the player an insight into designing his city of the future. Zoning was important at this point, so it required gradual growth. By going too large in one area, you would be broke and could not gain momentum in other ways. Even as it looks amazingly beautiful, how will you get people there fast? How can you vacate 2 million people (most likely from Riyadh and other larger cities) and set them in the new stage? There are two ways. You either create a need in the new place, or you create opportunity in that place. The first requires essential growth; the second requires a staging investment drive.

In the first example, we need ‘a pressing need’, when there is an infrastructure or a structural need, you create jobs and people will move there for the new job, which is fine, but requires vast amounts of money and large players getting there. The second one is great, but is initially also costly. For the second example I will use a solution that was in South Australia some time ago. To get people there, they gave away land. They still need to build the house, but in this setting he people had 50% additional money, or lessened costs, yet to break even the government stated that the land was given, but represented value X, and when they sold the house, they would have to pay the invoice for the land first. Now consider this in the setting of the King Abdullah Financial District. And there we set the stage of ‘selling’ houses/apartments at a mere 10% of the price, yet cannot be sold until the 100% price is satisfied first. So you now have a setting where the next 10,000 apartments only seem really cheap, yet in that setting you also create need, because these 10,000 households will need infrastructure like food, water, clothing, transportation, entertainment, schooling and so on; with that we see the investors come. build their shops and grow their business, as a result housing value rises fast and creates not merely a need, but also creates additional growth, so as these houses exchange hands and new occupation, the government gets the outstanding 90% back and a thriving place. It is not a short term, or a fast solution, but it is one that brings growth, and creating larger infrastructure solutions, because at that point with the additional 10,000 people or more we see the growing need in every direction. As these elements grow other needs can grow too, when there are 10,000 potential candidates in the financial industry and a clear path of growth exists, only then would there be interest into growing the stock exchange in a new place. Yet in that setting we need to realise that for many industries the capital remains alluring. So when we are confronted with “potential tenants and investors are less optimistic than the district’s planners about its future success“, as well as “The potential is amazing. The inside is impressive,’ one Dubai-based expat, who toured the site and preferred to remain anonymous, told Reuters. But he added, ‘It will not be finished. Decision-making is very slow (on the project, and) people don’t have cash“, we see the clarity of what I described. The ‘not having cash’ can be alleviated in one way, creating additional needs. It is the ‘decision making’ part that now requires to be decided on (yes I see the trap here) and there too is a solution. If we consider the statement that Business Insider mentioned: “Some of the kingdom’s strict social codes, including one requiring women to wear dark robes, will be relaxed“, we see the option of creating an opportunity for the foreign players in Qatar to become a larger mesmerising target for ‘poaching’. When we consider the Bloomberg message earlier in May this year giving us: ‘Qatar to Allow 100% Foreign Ownership of Firms in All Sectors‘, we see the setting that there is interest, especially in the financial sector to grow options on a global scale and there too Saudi Arabia would be able to set the stage for the future. More important, once these investors see the benefit in one place, there will be an added stage towards growth towards Neom for them too. This could have additional benefits as a much larger stage between Saudi Arabia and places like Egypt could become a much more interesting choice for the future. that part is not merely seen in one way, it becomes an entirely different stage when we consider yesterday’s news with ‘Award-winning Dubbo solar home uses Tesla Powerwall 2 battery‘, you might think that this is a ‘So What?‘ stage, but it is more than you think. That part is seen with: “A building company in Dubbo says the Tesla Powerwall 2 battery in its new display home means the Dubbo solar home could potentially go off-grid. Award-winning Greenmark Homes installed a Tesla Powerwall 2 battery to boost the display home’s energy efficiency“, it becomes even more impressive when you consider the added: “Tesla big battery wins awards, prevents blackouts“, you see, even as Saudi Arabia has plenty of sunshine, at some point the sun goes down and that is where the usage changes and whilst we know that air-conditioning takes the bulk of the energy, we see that the overall need could be filled in more efficient ways and that too needs time to evolve and refine. It is taking solutions out of the box where we see the beginning of true innovation and there are plenty of places that can benefit, but we need to open the door to creativity to make it thrive and set the next stage of innovation. We can make fun of some situations as we are offered (a very old joke): ‘a new powder for hydration, to make it, merely adds water‘. It is the innovative person that uses the solution and creates a powder to capture the moist in the air and end up with water. That same application is seen when we see applications on energy and hydro needs and creates another solution, the one we forgot about. That is the nice part about these stages and on why we need to keep our focus on Neom, you see it is not about the size of the city, it will be about how certain situations get solved and how innovative those solutions are. That is where we will be able to test our creativity and optionally become an actual innovative player ourselves, driving solutions and new technologies forward, not iterative over time, but by leaps, which is how you end up with one thousand new solutions not a thousand versions of one solution.

 

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Warring consoles

There are a few wars to look at, but the setting for the consoles is one that is shifty as hell. I have been outspoken against a certain brand whose name starts with ‘M‘ and ends with ‘icrosoft‘ for a few reasons, but that is not what it is about. It starts with the Sato. A writer for Siliconera giving us the sales of consoles for last week. The systems that matter for the week of 10th to the 16th of September in this are Nintendo Switch that sold 38,738 consoles, down from 43,513 last week. The PS4 12,057 down from 12,281 last week, the Xbox One 58, up from 19 last week, the PS4 pro 4,959 down from 7,442 and the Xbox One X 159 up from 30 last week (Japanese sales numbers). So we can go with the fact that Microsoft is the only one on the rise. We can go with the optional truth that Microsoft consoles (plural) merely represent 0.5% of the Nintendo Switch sales. I did not even consider News Nintendo DS systems in all this, the number would become laughingly small (and blow away whenever you open a window), if it has not done that already. Microsoft Xbox One systems are a mere 3% of the PlayStation 4 systems and that is not a good thing either (for Microsoft that is). Yet we must also acknowledge that Nintendo is a force of nature at present. You see, at present the Nintendo Switch might merely be at 45% of all the PS4 systems sold (normal and Pro), the fact that they did this in under 2 years is an amazing achievement and there is no stopping Nintendo. I expect that they will break additional records at both Thanksgiving and Christmas this year (as well as the Saint Nicholas festivities in one or two places).

It goes even further when we see the Nintendo games exploding on the screens when it comes to the revenue. This year alone, the revenue for Nintendo went up by a cool 100% to a net value of almost 10 billion dollars, that is a massive achievement in gaming and their growth is still enduring. With online play being free and Fortnite still on the rise and with 30 titles still arriving before the end of the year. It seems to me that Nintendo figured something out and Microsoft is paying a high price for the wisdom gained (Sony gets hurt too but much less).

So whilst Xbox UK is still hiding behind what I would clearly define as ‘deceptive conduct’, they might think that it is ‘innovative thinking’ we are merely confronted with a once growing game maker that is now becoming obsolete in its thinking.

So why deceptive conduct?

You see, the people were confronted with a tweet a mere three days ago. The tweet: “Play 500+ Classic Xbox & Xbox 360 titles on your Xbox One today… totally for free“, yet when we read down the tweets, we see the hitch. We see: “If you already own them – no need to buy again! Just download or put the disc in, and away you go“, news that is 2 years old and we are still confronted with a digital department that just does not get it. They did not tell us “We have upgraded our backwards compatibility program to 500+ games“, no that would be too honest. No we get: “Play 500+ Classic Xbox & Xbox 360 titles on your Xbox One today… totally for free“, it is not merely deceptive conduct, it is what I would personally call an open blatant lie. You see: “totally for free” would have been the setting if pre-owning the game was not a requirement, so some purchase was required, giving the setting one that is a an outright lie, as I personally see it.

Getting back to the sales I mentioned earlier, we need to realise that this is not global. The numbers come from merely a Japanese source, sales in Japan. Yet the setting is still clear (to some degree), Nintendo is here to stay and it is growing its influence on a global scale and when we see the mere achievement of 58 Xbox One systems over a week in a nation that is around 130 million people, whilst some sources give us that 50% of them are into gaming. We do not have a comprehensive data file that gives us a more complete picture. Yet we see that there are around 700 million online gamers, which is well over 40% of the online population, when you consider that, we see that the numbers and the setting is massively important. Venturebeat gave us in the past that spend per person is Japan (#1) with $120 per person, the US (#3) with $62 the UK and Australia in 4th and 5th, whilst they are on equal footing with $62 and $55 per person. So at that point do you still think that all this misrepresented loot box mess is merely about gambling? So when we were given: ‘Australian Senate inquiry extended after study calls loot boxes ‘psychologically akin to gambling’‘ merely three days ago as well as both “The Australian Senate inquiry into micro-transactions is taking into consideration a large-scale study that claims “loot boxes” are psychologically akin to gambling“, as well as “The paper is the result of a paid online survey among 7422 gamers. Curiously, over 6000 responses to the survey were discarded because the answers were either not serious or incomplete“, which is interesting because I never saw that link in any place and I have been a gamer since 1984, long before the word ‘gamer’ was cool. The article is actually good and gives us one part that I can stand behind: “recommends adjustments to the current game classification system advising “parental advisories for games that feature loot boxes” as well as “a descriptor outlining that the game itself features gambling content”“. I would be willing to take it one step further. I would demand that there are two additional parts. The first is that there needs to a clear path where we can earn loot boxes for free (not unlike the Mass Effect 3 setting), in addition we need to see a clear sticker on the front of the box stating that ‘no loot boxes are required to play or complete the game‘ Several games have clearly stated that in the past, yet adding this on the front of the cover is not the worst idea.

I still disagree that it is gambling, yet having a clear mention that loot boxes are set to chance and optionally the chances of getting a certain rarity is not the worst idea either. And in all this, the console war is now setting to a much larger stage, even as they all (partially correctly) point their finger at EA Games. Ubisoft has unlockable content (at a price as well, yet they ALWAYS clearly stated ‘this item can be unlocked through regular gameplay‘ as well. So it is not immoral that they offer it as an initial unlock for $5, it merely shows us that that person is not really a gamer, merely a player.

In this there is more to Ubisoft; it is clearly seen in their Assassins Creed games. Going back to Assassins Creed 2, they had the Ubiclub. You can buy things there. Unlocking premiums and extra’s (skins, backgrounds, outfits and weapons), to buy them you play the games and when you get to a stage, like completing a set of conditions, making it to a certain point in the game you get points, these points re kept in you profile and you can unlock them for any Ubisoft game you have, giving you more and more by merely playing. It opens up the need to complete, the drive to achieve and the option to get cool things. Here I clearly state: ‘Well done Ubisoft!‘ and this is still an ongoing stage with badges and cool stuff with every additional game that they release. So as I state that loot boxes are not gambling, I am for the most not against the setting: ‘Study urges games with Loot Boxes to be Restricted to Players old enough to Gamble‘, which is not the same. The question is not merely on how to check it; the issue will soon be that abuse is harder to check. Even if they cannot be merely bought online, even when the loot box cash needs to be bought in the store, we will see the irresponsible act of the parent giving in to ‘junior’ buying more and more loot boxes. It is important to raise the issue as more and more consoles are confronted with games that depend on loot boxes, and that is not nearly the beginning. We see part of this in Eurogamer (at https://www.eurogamer.net/articles/2018-07-23-fifa-player-uses-gdpr-to-find-out-everything-ea-has-on-him-realises-hes-spent-over-usd10-000-in-two-years-on-ultimate-team), when we are given “Michael was sent a data dump by EA via two PDF files each over 100 pages long. This amounted to a huge number of files, which include engagement data, FIFA 18 stats, device information and more than 10 audio files (these are recordings of his calls to EA support). It also included details of every player Michael bought and sold over the past two years in FUT“, so beyond the setting of “EA also provided data relating to how much real world money (in dollars) Michael had spent on FIFA Points, and he told Eurogamer he was “gobsmacked” to discover he’d spent over $10,000 in just two years“. Apart from the fact that you are losing your screws, the mere fact that you are not aware wasting cash to such a degree is one part, yet in this, the part that everyone ignores is “30 days later, Michael was sent a data dump by EA via two PDF files each over 100 pages long. This amounted to a huge number of files, which include engagement data“. I never played FIFA, yet when Microsoft remained in denial that 5 GB in 10 days was uploaded without my consent or knowledge into the Azure cloud, they merely pointed at the internet provider and stated that this is their responsibility (whilst I had not played any multiplayer games), and now we see what EA collects, in all this, the collected data is not an issue in any of this?

And the console wars are not done, not by a close margin. This goes beyond which system is popular, with system has loot boxes. This is about data and with all these systems being online and optionally ending up collecting personal data, there is a larger for not merely gamers and players. It is about classifying people and the setting of how bankable have we become? We saw this a few months ago with ‘Esports streamers and gamers are among the most bankable influencers, pitching to a new generation of consumers that don’t track traditional‘, it is about finding money people, those who propel the brand and when we realise that we seem to have a few additional problems and the fact that no attention is given to that part in the equation is equally a problem.

 

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