Category Archives: Law

Reprising 39 steps

This is not about an alcoholic taking his 12 steps three times with 3 breaks. This is about a 1935 movie. An absolute masterpiece by Alfred Hitchcock. It is also one if the first exposures by Tinseltown of the use of industrial espionage. Over time there would be more cases and more events, yet the stage I saw today ‘Twitch confirms massive data breach’ (source: BBC) made me think of the earliest steps in that direction. Even as we are given “it comes at a time when competitors such as YouTube Gaming are offering huge salaries to snap up gaming talent, so the fallout could be significant.” This does not mean that Google was behind it, yet the larger stage is that Industrial espionage is at the seat of many corporations and these corporations have absolutely no idea what they are in for. There are no checks, no balances and at this point Twitch is in a stage where they could lose the bulk of their value overnight. So as I read “Twitch confirmed the breach and said it was “working with urgency” to understand the extent of it” I see a stage where a company was clueless and now less of a clue where their money will go in November 2021. 

Even as I think back to the 39 steps and the momentous line “The 39 Steps is an organization of spies, collecting information on behalf of the foreign office of…the design for a silent aircraft engine” but the one step they did not have in those days was the disgruntled employee. They can do in one hour more damage then Baker at MI-6 or Evans at MI-5 can do in a month, and companies are just not ready to take a larger setting of cyber and internal investigations serious. Fell free to doubt me and call +44 1242 221491 (GCHQ), they probably have a few leaflets and other information that will make any CTO cry like a little chihuahua. 

The problem how to go about it, as I see it it will be too late for Twitch, Microsoft was done for a long time ago and Google is one of the few who has a decent handle on cyber security. Yet the nightmare is actually a lot worse. To grasp this we merely need to take a look at ‘Industrial Espionage: Criminal or Civil Remedies’ by Gillian Dempsey (at https://www.aic.gov.au/sites/default/files/2020-05/tandi106.pdf) the quote “Australian companies should be mindful that competitors, and nations which might be hosts to Australian investment, may have a strong interest in Australian trade secrets and other economic intelligence. Although its incidence and prevalence are unknowable, industrial espionage by governments and private sector institutions is a fact of contemporary commercial life. Recent developments in the technology of intercepting communications make such activities easier to undertake and more difficult to detect than in the past.” There are a few issues and the biggest one is partnerships, find in that partnership two disgruntled employees on both sides of the fence and that company is pretty much doomed. Even if the law becomes adequate, the rules of evidence will get in the way because the bulk of ALL companies have a lovely disregard of non-repudiation, and the third party exploiting the two angry people will laugh all the way to his zero tax haven (Cayman Islands anyone?) And that stage will grow and grow, because there is a board room believe that their company will not get into that, all whilst they cannot see the pie chart as the chunky blubbernaut in the room ate it. And the game gets to go from bad to nasty, with cryptocurrency the appeal for many increases whilst the ability to find the people involved goes from tiny to a number approximating zero and the law is not ready, it hasn’t been ready for several years and as sources give us “One of the reasons why corporations engage in industrial espionage is to save time as well as huge sums of money. After all, it can take years to bring products and services to market and the costs can add up.” This is true but it is the setting that several people who were dismissed ended up with huge starting bonuses whilst being as productive as the janitors paperweight in that new company. So when did you get $675,000 a year with a startup bonus of $3,500,000 plus a piece of real estate in the Cayman Islands for surfing Facebook all day long? That is the setting that some companies face and until they adjust the safety in their firms, they are the companies with huge neon lights and the neon phrase ‘sucker’ right next to it. I was taught about non-repudiation at Uni 14 years ago and so far the amount of companies taking it serious is just as close to zero as the people getting convicted of it.

So whilst the media is flaming the $13,000,000 total twitch payments, we are all looking in the wrong direction. We see one side, and this might have been by disgruntled people (my speculation) but it was an attack of a side that Amazon had decently solidified, so what comes next and when will it impact something that YOU depend on? There was a lesson and it was handed to the people in 1935, so why did the decision makers not take the essential steps?

Perhaps they were done in some places but there is at present no evidence that any were done. 

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Two items

Yes, there are two items that are on the mind of may people. One is directly on the mind of many and as I stated in ‘Utter insanity’ on October 4th a lot of impact will be seen and the poor will get the brunt of that impact. As I see it, there is a lot that will be going wrong and even as the US Democrats are hiding behind the media slogans like ‘Biden: Republicans playing ‘Russian roulette’ with US economy over debt ceiling’, we better catch on quick. This issue is not now, it has been going on for over a decade, too much spending, no exit strategy and upping the debt every time and this has been going on since the Presidents George W Bush, Barack Obama, Donald Trump and President Joe Biden were in office. From 2001 the debt want from $6 trillion until now as it is $28 trillion. I will agree that President Biden got a really bad hand and he inherited the debt, but so did Obama and Trump. George W Bush had Afghanistan and Iraq in consequence to what happened in New York which was not on him, but ALL these presidents had the option to overhaul the Tax system and NONE of them did so, this pox is on BOTH the Republican and the Democrat houses. A budget that was there to enable big business and media but none acted over well over 20 years, so this is on more. In this Bill Clinton was the one who left the budget was in surplus so his inaction has a decent acceptable excuse. And now the Republicans say enough is enough, I cannot fault them for that. As I showed the Defence department wasted $30-$45 billion on TWO PROJECTS, two projects that does not meet the bare minimum but we go on paying those wasting the funds. Why is that? And the lack of adjusting Tax laws, not to tax the rich, but the setting of justly tax ALL. An optional setting that as offered to them in 1998, but they were eager to state that it was too hard. Now consider the Google Ads system that properly (and decently) charges the advertiser and not greedy grab the advertiser like the advertisement  agencies did for decades. So it was not that hard, was it?

And as we now see the need to ‘overhaul’ the Senate rules to end the amendment of the ‘filibuster’, a stage that has been there for a long time is now regarded by the Democrats as too hard to handle. I am not the voice for against that decision, yet consider that THEY TOO would not overhaul the tax system when it was in their administration, so is it fair? And in all this Wall Street is giving whatever ‘free’ advice the media is willing to listen to, they are so scared now. 

What was issue two?
It cones from a different corner. When the BBC gave us ‘Princess Haya: Dubai ruler had ex-wife’s phone hacked – UK court’ 8 hours ago (at https://www.bbc.co.uk/news/world-middle-east-58814978) I saw “The High Court has found that the ruler of Dubai, Sheikh Mohammed Al Maktoum, interfered with British justice by ordering the hacking of the phone of his ex-wife, Princess Haya of Jordan. The phones of her solicitors, Baroness Fiona Shackleton QC and Nick Manners, were also targeted during their divorce custody case, according to the court”, it took a few second (approximately 7.1) and my mind raced. You see the media is a nice source to use given information against them. You see, The Verge gave us on July 23rd (at https://www.theverge.com/22589942/nso-group-pegasus-project-amnesty-investigation-journalists-activists-targeted) ‘NSO’s Pegasus spyware: here’s what we know. In that article we get “NSO Group’s CEO and co-founder Shalev Hulio broadly denied the allegations, claiming that the list of numbers had nothing to do with Pegasus or NSO. He argued that a list of phone numbers targeted by Pegasus (which NSO says it doesn’t keep, as it has “no insight” into what investigations are being carried out by its clients) would be much shorter”, It is the setting of “has “no insight” into what investigations are being carried out by its clients” against the setting that the BBC gives us which is “referred to the hacking as “serial breaches of (UK) domestic criminal law”, “in violation of fundamental common law and ECHR rights”, “interference with the process of this court and the mother’s access to justice” and “abuse of power” by a head of government”, we can agree with the point of view, but where is the evidence? The NSO stated that it does not keep any, so what is the source and the foundation of the evidence? The link the BBC gives us the judgment (at https://www.judiciary.uk/judgments/al-maktoum-judgments/) yet there I see in the reference for the Hacking fact finding part:

i. The mobile phones of the mother, two of her solicitors (Baroness Shackleton and Nicholas Manners), her Personal Assistant and two members of her security staff have been the subject of unlawful surveillance during the course of the present proceedings and at a time of significant events in those proceedings.

ii. The surveillance has been carried out by using software licensed to the Emirate of Dubai or the UAE by the NSO Group.

iit. The surveillance has been carried out by servants or agents of the father, the Emirate of Dubai or the UAE.

iv. The software used for this surveillance included the capacity to track the target’s location, the reading of SMS and email messages and other messaging apps, listening to telephone calls and accessing the target’s contact lists, passwords, calendars and photographs. It would also allow recording of live activity and taking of screenshots and pictures.

Yet in all this, how was this evidence obtained? The findings rely on the setting stated by Baroness Hale, which is fair enough and she stated “In this country we do not require documentary proof. We rely heavily on oral evidence, especially from those who were present when the alleged events took place. Day after day, up and down the country, on issues large and small, judges are making up their minds whom to believe. They are guided by many things, including the inherent probabilities, any contemporaneous documentation or records, any circumstantial evidence tending to support one account rather than the other, and their overall impression of the characters and motivations of the witnesses.” Here I have a problem. Not the setting that Baroness Hale states, it applies for many cases and I would support this, yet in this technology the problem is that even those deep into this technology do not completely understand what they face. When we look at sources all over, we see a former intelligence officer from Germany who cannot state that Huawei is a danger, because their technology people do not comprehend it. We see source after source flaming the NSO group issues but they are flaming and even those sources are debated as it refers to sources from 2016, long before the Pegasus group had the software it deploys now. If we accept the words by Baroness Hale “We rely heavily on oral evidence, especially from those who were present when the alleged events took place” yet what happens when that witness the average normal person, how can that person give credibility to neural surgery? It is the same, a stage where the media relied on flaming and keeping people off balance, how can a person who does not comprehend technology be given the credibility that this court has? And should the court disregard the influence the media has, they merely need to see connected contributory manslaughter Martin Bashir was a part of, as I personally see it, his actions resulted in the path that led to the death of Lady Diana Spencer. 

In this I support “the court’s findings were based on evidence that was not disclosed to him, and that they were “made in a manner which was unfair””, I will take it one step further, if the submitted evidence is held to the cold light of day, its value will be debatable on a few levels. So when we consider “Dr William Marczak, who is based in California and is a senior research fellow at the University of Toronto’s Citizen Lab, which researches digital surveillance. He told the court he had no doubt the phones were hacked using NSO’s Pegasus software. He also concluded “with high confidence” that the phones were hacked by a single operator in a nation state. He concluded with medium confidence that it was most unlikely to be any state other than the UAE.” In this we saw the CIA with their “with high confidence” and I wonder hat it is based on. I am not attacking Dr William Marczak, there is no reason to, but when you consider “with medium confidence that it was most unlikely to be any state other than the UAE”, so he is not completely certain, he is decently certain that someone did it, but there is no evidence (aka he cannot swear) that it was the UAE, feel free to read the settings and the statements, it could have been anyone, if the evidence holds up to scrutiny and that pert is also a part I am not certain of. You see when we see “A senior member of NSO’s management team called Mrs Blair from Israel on 5 August 2020 to inform her that “it had come to their attention that their software may have been misused to monitor the mobile phones of Baroness Shackleton and HRH Princess Haya” and we hold it up to the interview in The Verge on July 23rd with Shalev Hulio we see conflicts, conflicts of optional evidence by the same source, why is that?

These are the two Items that were bugging me to some extent and as my mind is racing towards another TV series stage (it will be the third my mind designs) I wonder what the eager bored mind is able to contemplate. So as we wonder what drove the judgement (no negativity implied), I see too many strings going from one place to another and they might be just in my mind (the place between ones ears) but too much evidence does not make sense, in both stages offered and the media took centre stage to both, and the media is the weakest link of credibility, that has been personally proven a few times over.

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A disregarded shelter setting

The Guardian was at it again and they are not doing anything wrong (at least I think they aren’t) but the stage created is calling for a nice stage and it is getting close to immediate that we take a hard look at the meaning of hypocrisy. 

The article ‘Pandora papers: biggest ever leak of offshore data exposes financial secrets of rich and powerful’ (at https://www.theguardian.com/news/2021/oct/03/pandora-papers-biggest-ever-leak-of-offshore-data-exposes-financial-secrets-of-rich-and-powerful) gives us a few items and before you think we are digging into the air, lets take a look at a few essential parts. It starts with “companies hired by wealthy clients to create offshore structures and trusts in tax havens such as Panama, Dubai, Monaco, Switzerland and the Cayman Islands” first, this is not an illegal act, then we need to look at Monaco and Dubai. Monaco gives us over two sources “You can apply for a Carte de Residence once you have an address in Monaco (either bought or rented a property for a minimum of a year). You must also agree to live there for more than three months of the year. Resident individuals are not subject to personal income tax in the Principality of Monaco”, now this is not the easiest setting as decent apartments tend to start at €3,000,000 going up to €387,000,000. As such I wish you good luck finding something you like. In Dubai we see “There is currently no personal income tax in the United Arab Emirates. As such, there are no individual tax registration or reporting obligations.” These are called tax havens and they are perfectly legal. It is the way THAT nation operates and it works for them, so when we see the Guardian give us “But the secrecy offered by tax havens has at times proven attractive to tax evaders, fraudsters and money launderers, some of whom are exposed in the files”, which is a debatable setting. You see someone who takes effort in buying an apartment in Monaco or Dubai, or most of these places is not a tax evader, that person is involved with tax avoidance and it is not the same. Black letter lawyers found a setting where the rules work FOR their clients and they are allowed to do this. Yet the Guardian inserts ‘tax evader’ whilst knowingly adding “some of whom are exposed in the files”, some implying not all and some is seemingly inserted hoping that the people are flamed to the list of “more than 100 billionaires, 30 world leaders and 300 public officials” hoping that they are all painted by the flamed audience. And in light of this, did anyone take a long hard look at “the cache includes 11.9m files from companies hired by” what is not looked at is the source of that information and how that source got the information. A setting not dissimilar from my article ‘The same gramophone’ on September 16th (at https://lawlordtobe.com/2021/09/16/the-same-gramophone/) regarding Pegasus and in light of evidence given (lack thereof) to the people by the Washington Post an interesting repetition of flames lacking evidence. The article on tax issues does not once, NOT ONCE mention tax avoidance, or give the setting of tax evasion versus tax avoidance. One is illegal the other is not. In this the text “They also shine a light on the secret finances of more than 300 other public officials such as government ministers, judges, mayors and military generals in more than 90 countries” could be seen as “They also shine a light on the private finances of more than 300 other public officials such as government ministers, judges, mayors and military generals in more than 90 countries”, yet they chose to not use the word Private did they? Private and non evidence could be seen as intrusive and harassing, the media really does not like it when their actions are seen in that way. 

My view?
You see if there was clear ‘tax evasion’ we would be getting this, instead of “leaked data with select media partners including the Guardian, BBC Panorama, Le Monde and the Washington Post. More than 600 journalists have sifted through the files as part of a massive global investigation”, so are they incompetent or is there too little remaining? The price of 600 journalists cannot be cheap so the more they flame, the more they ‘earn’ back, but that part is not really given is it? There is no top-line, a flaw we have seen more than once before. If it was clear 300 people can be shown in a top-line like Nation, government, non government easily enough. That would take an hour, perhaps two, but we do not get to see that, do we? We also get all kinds of embossed examples, with the added text “This is the Panama papers on steroids, it’s broader, richer and has more detail”, my view would be, then give it Ryle you dumb fuck! Do not posture, present facts! The top-line, the setting of tax evasion versus tax avoidance and a few other facts, including the source of the data, but we do not get any of that, do we?

I see it as a mere approach to the upcoming US debt ceiling and someone flaming that if ‘they’ had paid their taxes, there would not be an issue. Well, my view “Well, you stupid fucks, if you had clearly focussed on the tax laws that needed an overhaul for THREE DECADES we might not be in this mess either!” So whilst we are given “The files include disclosures about major donors to the Conservative party, raising difficult questions for Boris Johnson as his party meets for its annual conference”, an anti-tory smear setting. No matter who donates and to what party, if these people are not proven criminals, there would be no issue and I wonder how far these 600 journalists got. So when we consider “Many use shell companies to hold luxury items such as property and yachts, as well as incognito bank accounts” we need to see whether laws were broken and let’s be clear, they stated that these are people in over 90 countries. So which have laws against these acts and if they have an address in Monaco or Dubai, are any laws broken? This took me 5 minutes and we see a lack of a lot in one article seemingly the source of 600 journalists. 

I personally see only one option for a person like Gerard Ryle. Either give us that top-line clearly or become an Uber driver. As I personally see it, someone posturing absent of evidence should be somewhere else, not be some director of the International Consortium of Investigative Journalists, but that is merely my call on the matter we see here now.

Oh, and before I forget the meaning of Hypocrisy is “the practice of claiming to have higher standards or more noble beliefs than is the case”, a setting too many journalists fall into lately.

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Who is correct?

There is a larger stage on what is right versus what is correct. It is not always clear and we are all biased, me included. There are those who make claims that I am entertaining, but I do not know anything. It is their call and it might be correct. I worked in IT and in automation since 1981, so I have been around a while. When I offered my bosses some version of Facebook in 1997 they all rejected it stating that it had no future. It was merely n idea and it was nowhere near as advanced as Facebook. It was a free website and chatting platform with us in the middle offering advertisements in the middle, it had no future they stated. Now we have Facebook which arrived 4 years later, now a global economy surrounds it. 

So when I took notice of ‘Google, in fight against record EU fine, slams regulators for ignoring Apple’ (at https://www.reuters.com/technology/google-fight-against-record-eu-fine-slams-regulators-ignoring-apple-2021-09-27/) some thoughts went through my mind. We see “The European Commission fined Google in 2018, saying that it had used Android since 2011 to thwart rivals and cement its dominance in general internet search”, in the first most rivals were still trying to get their heads around the digital world. In this 2011 is important, TechCrunch gives us “Patents are increasingly used to block innovation in courtrooms rather than create innovations in the marketplace, and we saw this problem reach epic proportions in 2011. Patent trolls continued to extort tech companies large and small. But the patent wars spilled over to the major industry players themselves as everyone pointed their patent arsenals at Android.” In this, how many patent trolls did the EU arrest and there is a larger stage on the realisation that the secondary field of patents is used, the ability to block others. A legal setting that is validated by the short sighted and at ties greedy law entrepreneurs. And we see this more clearly in 2012 with ‘Why Microsoft spent $1 billion on AOL’s patents’ (at https://www.cnet.com/news/why-microsoft-spent-1-billion-on-aols-patents/), a stage the law and the lawgivers are eager to circumvent and in this Apple (Steve Jobs) was not innocent from either, but lets be clear, the law allowed for this. And we see the one Techcrunch gemstone “as everyone pointed their patent arsenals at Android”, Google was not innocent, they never were, but they were not the evil party here and that needs to be made clear. So when we are given (by CNet) “according to a source close to the situation, Google didn’t even bid on the portfolio”, it seemingly makes Google even less evil. And when we return to the Reuters story and we accept ““The Commission shut its eyes to the real competitive dynamic in this industry, that between Apple and Android,” Google’s lawyer Matthew Pickford told the court.” We also need to see “Commission lawyer Nicholas Khan dismissed Apple’s role because of its small market share compared with Android”, I personally wonder what kind of drugs Nicholas Khan is on and can I have some please? The brands using Android are Samsung, Oppo, Huawei, Google, Motorola, Oneplus, Lenovo and a dozen others that use Android, yet iOS products are Apple products, as such we need to see that there is a 70% use of Android over ALL these brands and the 23% is Apple, Apple alone. When we see the bungles (forced USB-C chargers) and this setting, we need to wonder the words by Matthew Pickford “The Commission shut its eyes to the real competitive dynamic in this industry”, that might not be far from the mark. There should be space for evolution, but is one sided evolution truly that or is that the beginning of handing the technology market to China? Especially with HarmonyOS in the design stage it is currently in. The middle East and the far east is ripe for HarmonyOS, the last thing we need is the EU screwing that up too. 

So does that make the EU wrong (not legally wrong)? To be honest, I cannot tell. Yet when we see “Bringing Apple into the picture doesn’t change things very much. Google and Apple pursue different models” we need to wonder what this is really about and this is after Microsoft destroyed Netscape to get sole advantage in browser world, even as some give us “The most innovative company in the computer industry in the last 10 years is dead”, it had been crippled around the time when we got Windows 2000. After which Microsoft screwed the world over again with an utter version of inferiority (Bing). That is how I see it, but feel free to disagree (which is your right).

So whilst we are eager to give Google the Clown card and all kinds of accusations, we see that an Apple phone costs $2369, whilst the Samsung is $1399, Oppo $1299, Asus $1199, Motorola $899, Nokia $449, and Google Pixel 5 $1199. A stage where Apple is pricing itself out of the market and it had been doing so for some time. But this is not about Apple, this is about Google, a brand that is open to others, It used what was available at the time and the rest was nowhere near. Am I wrong? Legally I might be, but then I never saw the 100,000 pages and I reckon I would be able to find a few options that blows the statement “Bringing Apple into the picture doesn’t change things very much. Google and Apple pursue different models”. You see, the Browser had another contender, Yahoo. It lost too much marketshare because the Google search was vastly superior and the patent shows just how superior it was because the people behind it took a long hard look at what the PEOPLE needed, Yahoo, Microsoft and others focussed on what businesses were willing to pay for, a very different stage. I personally believe that this stage of adherence and compliance has been largely ignored. A stage that puts Apple, Microsoft, and a few others in the dock of accusations as well. The stage of adherence to business and I personally believe that the EU is all about that, less about people and that bites me, that partially offends me. To lose in one setting and then openly and bias based attack Google is offensive. Google was never innocent, but they were not the evil player, we need to see this and we need to see this now. The EU is setting a stage where business moves out and then? An iPhone for $2999? The biggest iPhone is now A$2719, so it is not that much a stretch. 8 years of iterations got it from $299 to what it is now and Google? They are on a similar track, the hardware might not be iteration, but their software is not. Innovation software allowed people to make leaps forward and so far the other brands kept up as well, I wonder when that got investigated in the EU?

The case has been running a while, so there is no clear line to draw, but the media seemingly reports the final line and the history and context before it is forgotten, I wonder why?

Am I right?  Am I wrong? Am I correct? I leave it up to you to decide, but consider that I predicted the arms fallout and now we see, only 3 hours before ‘China’s biggest airshow to highlight military prowess’, others laughed about HarmonyOS and now it is here. And in all this not one government has shown any evidence regarding the Huawei accusations. I wonder when people wake up, realising that they are getting played by stakeholders who need to push forward the need need of corporations, American and seemingly European as well. All whilst those corporations have no patents, they have no innovations, merely marketed concepts, hyped hardware that draws short. How much more failures will push their agenda’s against actual innovators (Facebook, Google, Amazon and Huawei)? 

It might be a wrong point of view, I will admit that, but it is tainted what I have seen over almost 40 years in IT in all kind of fields.

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Stark contrast

There is an old ‘expression’, The people will rally against the injustice of children, yet for the most, only if it hurts THEIR children. It is a saying that most people ignore because there is a string of pain, the realisation that the need of ‘me’ overrules the need for all. And guess what, Apple joined those ranks a while ago. We see BBC News headlines (last year) like “Ricky Gervais slams Apple over Chinese factories” and we laugh, but the pain is a lot more real than you think. There is an ignored side and there Apple does not seem to give an ‘eff’ (as long as the revenue comes in. It is there advertisement section, the one that is ‘hidden’ in games. Games that give an advertisement and that is OK, but then they take you STRAIGHT to the installation page. Where did we sign up for that? And this is not some innocent ‘barbie game’ this is how pokie and gambling sites assault the weary and the vulnerable. They take the game and the problem to a whole new level. You see, the ad is not the real issue. The issue becomes when you want to close the window and the super-small ‘X’ that closes the window is in the top left corner, and if you miss it, the excuse will be ‘We assumed you wanted the program’, but the close icon is small enough to miss it way too often.

So not only is Apple setting a stage, they are doing this in the setting of “We do not want any issues in the schools where OUR children go, we do not care about the rest” it is a stage that is speculative, but consider the impact. How many children get exposed to that part? And they are not alone, there is more and more out there coming to all of us regarding a ‘game’ named coin master. Even if it has an ad with Joan Collins. In Change dot org (and a few other places) we see messages like “I have been playing coin master for about 8 months and saved up all my coins and spins and spent a fortune on the game then one day i open up my game and the 117billion coins i had and 22,000 spins are gone , i had been reset , apparently coin master are reseting accounts with high savings which is against their own rules because they cannot tell the difference between people who play honest and the cheaters”, now this is a setting of accusation that require data and evidence and I do not have any myself. But coin master is important as it is not only vying for your cash (which is fair enough). It is combining with the ‘sentiment and acceptance’ of pokies, but what we see is not a pokie, it is a game that looks like a pokie and there we see a problem. The makers were decently brilliant, but there is a new stage, “what looks like one” is not the same as one actually is and the makers are in the clear and there is a larger station where it is happening under the noses of Apple (and a few other places), but there the stage is not protective, because it is as I paraphrased “in the schoolyard where we see no Apple employees” so no one at apple seems to care. So when we take a look at some media that give us ‘Complaint Website Flooded By Angry Coin Master Players’ we think that there is a case for action, but that article is almost 2 years old, as such they are doing something really really right or Apple just does not give a hoot (or is that hooters) about their consumers? And the stage is rapidly getting larger. Deceptive conduct (like the gardenscape ads), several ads all showing something that the game does not have, or perhaps in some obscure mini game. And the people are getting less and less choice, because the in game advertisements are seemingly not policed. 

And Apple (Facebook and Google too) needs to start acting. 

And here is the rub, we might see the complaints, yet the game was downloaded in extent to 100,000,000 times, so their app will hold what Apple might see as a remarkable advertisement magnet, and there is the problem, when an app becomes too big too fail there is every chance that the three players will not act in fear of driving people to one of the other two channels, but in the mean time your children are just in danger, because if an app (or game) like ‘Happy Color’ can spout these two advertisements, what other apps will expose your children to the dangers of gambling? 

And consider the start contrast hat Forbes is trying to give us (at https://www.forbes.com/sites/kateoflahertyuk/2021/09/04/ios-15-apple-just-revealed-a-game-changing-new-iphone-privacy-feature/) a mere 3 weeks ago. There we saw “We already knew iOS 15 would come with multiple privacy features that will further hurt the data-hungry habits of Google and Facebook. But now, Apple has just revealed that iPhone users will finally get a choice whether to enable Apple’s own personalised ads on their devices” yet, how does that fare for the in-game advertisements? The Forbes article does not bare that out and I feel decently certain that Apple (Facebook and Google too) is not willing to put the foot down there. So in the end how much danger are your children in when they play a ‘free’ app? Consider that nothing is for free and a player like Coin Master makes on average $24,000,000 a month. I did not look into the revenue of Lightning Link, but that is clearly a pokie, so it is clear gambling. The problem there is that kids might not understand the difference. So you thought EA games was pushing a setting? I think parents have bigger problems and in this Apple (Facebook and Google too) have a much bigger problem protecting the vulnerable and that is something the media seemingly tends to shy away from a little too eagerly in my books. This whilst somewhere in February this year we saw ‘Apple slapped with class action suit over gambling apps’ where we also see “according to plaintiffs, users are unable to collect actual cash in the casino games, but they do have the ability to win and therefore acquire more playing time. This system — paying money for a chance to win more playing time — allegedly violates anti-gambling laws in the 25 states at issue in the case” and that is only the US setting, Apple et al could have stopped this by blocking that stage but it seems they were eager to get more cash, so even as some would voice “The people who play, are literally paying to kill time”, it is a point of view that is fair enough in some cases, but the advertisements seen are using the little tricks to get a few more vulnerable players into their fold and that is a larger station. If there was a much larger ‘X’ in the advertisement they might have been in the clear, but they did not and moreover they take you STRAIGHT to the app installation page whilst the sentiment to do so was not there. A stage of deception a few times over and there will be a larger invoice for all the players allowing for this. In a stage where political players all over the field are gunning for their coffers these players did something really stupid, they are making it easy to gun for them and when the politicians get to use the cards ‘gambling’, ‘vulnerable people’ and ‘easy exploit’ together (optionally in one sentence), places like Apple (et al) will be handed a fine that could end up being considerably larger than the $1,200,000,000 fine they faced in march. 

These players see it as mere parking fines. The fines are tax deductible, the 100,000,000 downloads seem to validate a speculative advertisement revenue of $10,000,000 a day in just ONE APP and that is the stage, if the case only takes 2 years, the players are looking at an optional $7,000,000,000 in advertisement revenue, the people do not stand a chance to get a fair shake here, so where can they go?

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Agrestally Ignorant

It took a day, I had to ponder several things here. I was drawn to an article by the associated press. The article (at https://apnews.com/article/artificial-intelligence-algorithm-technology-police-crime-7e3345485aa668c97606d4b54f9b6220) gives us ‘How AI-powered tech landed man in jail with scant evidence’. Here we have two issues, the first is that AI does not (yet) exist, the second is that AI evidence should not be valid, the rules of evidence are quite clear, so when I see “it came from a clip of noiseless security video showing a car driving through an intersection, and a loud bang picked up by a network of surveillance microphones. Prosecutors said technology powered by a secret algorithm that analysed noises detected by the sensors indicated Williams shot and killed the man.” So for all intent, we might think that the prosecutor was really clever, but as I personally see it, the man needs to be taken behind a bicycle shed and shot in the head, but that is merely my personal view. We might give value to “a secret algorithm”, yet that is merely an approach to not scrutinise the evidence. I have no idea how his defence faltered, but it did. 

In Intelligence analyses there are two parts. The first is that every source is unique and as long as they are NOT connected, they can NEVER support one another. Why is that? It comes from a much older setting which is found in “Trust, but verify!” We can accept all kinds of facts handed to us, but verification is where it is at. Verification gives us the larger setting that this source makes a claim and we verified that claim via other sources and we get the same results and conclusions. This is also why actual news needs collaboration from multiple sources, and it is why credibility of these sources matter. It is why witnesses are tested, cleared and processed to give the other party no option to diminish their testimony. It is so for a person and it needs to be more for any device. And whomever relies on “a secret algorithm”, is soon regarded as non-essential weight to any office. You see, the algorithm was programmed. I am not stating that the person was wrong, or did a bad job, but who knows what the brief for the algorithm was? That brief also gives the programmer more (or less) freedom of programming. Then we get the installation and testing of the microphones, it they are out by half an inch, there is every chance that they picked up another shot, perhaps even a muffler bang, who tested that part? Who looked at the map (a GIS speciality) and considered the noise and the event? Now consider for a moment the byline “ShotSpotter equipment overlooks the intersection of South Stony Island Avenue and East 63rd Street in Chicago on Tuesday, Aug. 10, 2021.”, this is all installed on a light-pole, so if any car ever hit it, the pole will be off by several degrees, did the software see that, was that ever considered? 

There is a lot more, it is seen in the part “The company’s methods for identifying gunshots aren’t always guided solely by the technology. ShotSpotter employees can, and often do, change the source of sounds picked up by its sensors after listening to audio recordings, introducing the possibility of human bias into the gunshot detection algorithm. Employees can and do modify the location or number of shots fired at the request of police, according to court records. And in the past, city dispatchers or police themselves could also make some of these changes”, so what were the raw collections, what was the distance to the event and what are the specifics of the so called “noiseless security video”, there are a truckload of issues and that is why verification is essential. This is all before we get to “an Associated Press investigation, based on a review of thousands of internal documents, emails, presentations and confidential contracts, along with interviews with dozens of public defenders in communities where ShotSpotter has been deployed, has identified a number of serious flaws in using ShotSpotter as evidentiary support for prosecutors”, it is merely the top of the iceberg, when we consider “classify 14 million sounds in its proprietary database as gunshots or something else”, you think this is trivial, but it is not. You see, this is in part the evidence, 14,000,000 sounds seems impressive, but it is not. You see there are an estimated 72 million handguns in existence, I have no included rifles and other two handed weapons, and if the database of sounds includes mufflers and tire blowouts, that lit is rather slim compared to what is out there. I can see close to half a dozen issues straight of the hockey-stick and whilst people are considering where the puck is (in Pittsburg they call it a biscuit). 

So why the hockey reference? The puck moves fast, really fast and plenty of people watching the game lose sight of it in a match, this is no different. Two sources, not connected and well over 50% unverified, how could this man be found guilty? I also have some serious questions for the judge there, but I wonder if it was on his plate, it was on the plate of the prosecutor and as I personally see it, that evidence had no case in court, except perhaps a court officiated by the Marx brothers. 

SZo when we get to the end and we see “ShotSpotter CEO Ralph Clark declined to discuss specifics about their use of artificial intelligence, saying it’s “not really relevant.”” Someone needs to take that horse and coach it to the side of the road, what some call AI, is merely machine learning, optionally deeper learning and it makes all the difference. With the amount of human interference (interaction) on the track from the microphone to the court room, those relying on AI are hoping to avoid the setting of bias and programming error, even source comparison errors. I reckon this Ralph Clark is on a slippery slope and with Michael Williams now on the stage where he can claim damages, a decent 8 or 9 figure damage, the 200 cases might represent a massive payout from the Government making the rules of evidence a clear debating point for whomever takes this to the next level and when the government loses a second or third trial it will be up to the Ralph Clark’s of the world to set up a defence perimeter, but I reckon it needs to be a lot more than “a secret algorithm” because at that stage such a defence will not hold water, not by a long shot. It would also help by not hiding behind AI when it cannot be AI, but that is merely a personal observation.

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The simple view denied

It happens, and sometimes it is for a very decent reason, but in this case I have questions. It started months ago on March 7th, when I became aware of Ghada Oueiss via the Milli Chronicle, the article had issues, bu for now lets use another source, the source (at https://cpj.org/2021/02/ghada-oueiss-hacking-harassment-jamal-khashoggi/) gives us ‘Al-Jazeera’s Ghada Oueiss on hacking, harassment, and Jamal Khashoggi, the first thing I notice is “Lebanese Al-Jazeera broadcast journalist Ghada Oueiss described hackers stealing private photos and videos from her phone and posting them online”, the word ‘described’ in red, linking to a Washington Post article. The article laden with emotion and set on emotional markers, yet forensic evidence is missing. So when we consider “stealing private photos and videos from her phone and posting them online”, so was the phone the only source with these pictures? From her phone means that they are selfies, the descriptions give me more than that, so was it the only place they were? I am not stating that this is a must, but it raises questions. You see, the original article (at https://millichronicle.com/2021/03/opinion-ghada-oueiss-lies-about-saudi-and-american-spies/) gives a lot more. There we see a ling to https://www.courthousenews.com/wp-content/uploads/2020/12/1-20cv25022-002.pdf. It gives us a complaint of the Al Jazeera journalist versus Mohammed Bin Salman Bin Abdulaziz Al Saud, Mohammed Bin Zayed Al Nahyan, DarkMatter, Faisal al Bannai, Saudi 24 TV, a broadcast television station owned by the Kingdom of Saudi Arabia, Al Arabiya, a broadcast television station owned by the Kingdom of Saudi Arabia, Prince Mohammed Bin Salman Abdulaziz Foundation d/b/a MiSK Foundation, Saud Al Qahtani, Bader Al-Asaker, Saudi Arabian Cultural Mission, Tarek Abou Zeinab, Turki Al-Owerde, Faisal Al Menaia, Awwad Al Otaibi, Sharon Collins, Christanne Schey, Hussam Al-Jundi, Annette Smith, John Does 1-20. Yes a whole mouthful. And it continues as we see the start “This is a civil action arising out of the targeted unlawful hacking of Plaintiff, Ghada Oueiss, an international journalist who has a significant presence in the U.S. and abroad, both as a journalist for Al Jazeera Media Network (“Al Jazeera”) and as a frequent contributor to U.S. news agencies, such as The Washington Post. This unlawful hack and leak operation against Ms. Oueiss (the “Conspiracy”) was spearheaded by the crown princes of Saudi Arabia and the United Arab Emirates (“UAE”) and their co-conspirators in the U.S. and elsewhere

This leads me to:
1. How was it proven who did the hack, or how it was done.

For me it is more than funny, you see the plaintiff uses an article by the Verge on footnote 9 is something I debated before, and a few other mentions. There is no debate that Jeff Bezos was hacked, but the evidence on who was laughable, there is too much settings that were never answered, but for the lawyers of Ghada Oueiss it was enough, a plaintiff weight to coin a phrase. There are all kinds of mentions, but there is no real evidence.

2. At [97] we see “Upon information and belief, Defendant Zeinab began his employment with Defendant Saudi 24 TV in 2018. He has since used his Twitter accounts to personally attack and defame Ms. Oueiss in response to Ms. Oueiss’ criticism of the Saudi regime:” We see a personal opposition via Twitter, not hidden, not threatening, merely a tweet, well over a year before what they consider being the ‘event’.

3. At [100] we get “This brazen admission is significant evidence”, a response to a google translated Tweet, I cannot tell it is correct, I cannot tell there is misinterpretation and I cannot tell whether this has anything to do with Ghada Oueiss.

The list goes on and on and at no point, do we see clear evidence of hacking and any evidence that this is linked in any way to any Saudi or UAE party. 

Then we see “At the beginning of 2020, I started reading private stories about me on Twitter – saying I had an apartment in Beirut, my brother’s name. I don’t post anything about my family.” I am not dismissing the fact that she was hacked, I am merely questioning the setting who did it. There is no evidence proving any of that. In the case of Bezos, his consultant did a piss poor job in documenting evidence, even worse than the CIA did (if that was even possible). 

The issue is not whether people are hacked, the issue is the evidence and the way places like the Washington Post go about it, does not help, they make matter worse whilst decreasing their own credibility. I got news yesterday that the USA Defendants allegedly have just filed a rousing motion to dismiss, it seems that this might have been a ploy to keep pressure on alleged matters (the journalists no one cares about that is missing). 

I remain in the fence. On one side the press should never become the story, yet I accept that Ghada Oueiss is entitled to defence, but I also see the need for evidence against the claim. I accept that she was optionally hacked, but like Jeff Bezos, there is no evidence linking either the Saudi Government, or the government of the UAE and its governing members to this. I accept that finding evidence is hard, really hard, but evidence still matters, not unfounded accusations lacking evidence. That is the actual ballgame and in all this we see a large lacking. 

The Washington Post is also the view of clarity, as we see “In this case, the trolls were attacking Ola and I not only as journalists but as women who dared to be critical”, you see trolls imply people with high level IT skills, I personally speculate that the Crown Prince of Saudi Arabia is lacking these skills. It means someone else did this, and if that is so, there needs to be evidence that he ordered it, not some flimsy CIA report with ‘we think it is very likely’, thinking and very likely do not make the evidence grade. Consider this and well over a dozen other articles negatively speaking on the Kingdom of Saudi Arabia and its members and wonder who would attack on a lack of evidence, governments or the greed driven stakeholders they cater to?

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Iterating towards disaster

Yes, that happens, we all consider it, but did anyone thought it through? You see, innovation is essential in staying ahead, iteration tends to give you a 2 year advantage, innovation gives you a 5-7 years leap. That is not new, it has been a ‘fact’ of life for 3-4 decades. Yet that premise is about to change, it will change a lot and it will change towards the bad side of the pool. To see this we need a few items, the first is an article, an article that the Guardian gave us with ‘I’m sorry Dave I’m afraid I invented that: Australian court finds AI systems can be recognised under patent law’ (at https://www.theguardian.com/technology/2021/jul/30/im-sorry-dave-im-afraid-i-invented-that-australian-court-finds-ai-systems-can-be-recognised-under-patent-law), you see there is a danger here, even as the Guardian gives us “Allowing machine inventors could have numerous consequences, both foreseeable and unforeseeable. Allowing patents for inventions churned out by tireless machines with virtually unlimited capacity, without the further exercise of any human ingenuity, judgment, or intellectual effort, may simply incentivise large corporations to build ‘patent thicket generators’ that could only serve to stifle, rather than encourage, innovation overall.” This we get in the article from Australian patent attorney Dr Mark Summerfield, and he is right, you see, there is a larger danger here. It is not merely that only a few companies can AFFORD such an AI, the larger stage is that if we combine this and we add a little statistics to the pile, we get a new setting. 

SPSS (now IBM Statistics) has something called the conjoint analyses. To understand this, we need to take a look at the manual. There we see:

Conjoint analysis presents choice alternatives between products defined by sets of attributes. This is illustrated by the following choice: would you prefer a flight that is cramped, costs $225, and has one layover, or a flight that is spacious, costs $800, and is direct? If comfort, price, and duration are the relevant attributes, there are potentially eight products:

Product Comfort Price Duration
1 cramped $225 2 hours
2 cramped $225 5 hours
3 cramped $800 2 hours
4 cramped $800 5 hours
5 spacious $225 2 hours
6 spacious $225 5 hours
7 spacious $800 2 hours
8 spacious $800 5 hours

Given the above alternatives, product 4 is probably the least preferred, while product 5 is probably the most preferred. The preferences of respondents for the other product offerings are implicitly determined by what is important to the respondent. Using conjoint analysis, you can determine both the relative importance of each attribute as well as which levels of each attribute are most preferred.

This is all statistical science and it works, but the application can be changed. If data is the only premise here, we see the application in another way. What if the AI is taught the categories that enable a unique stage to own ANY patent field. Consider that this is not about a flight, what if this is about a processor.

Product Speed Processor Sampling
1 X Sycamore Bozon
2 X Sycamore Instantaneous Quantum Polynomial
3 X Tangle Bozon
4 X Tangle Instantaneous Quantum Polynomial
5 Y Sycamore Bozon
6 Y Sycamore Instantaneous Quantum Polynomial
7 Y Tangle Bozon
8 Y Tangle Instantaneous Quantum Polynomial

I am merely making a fictive sample with existing names, but what if the math of conjoint is tweaked to cover the quantum field to a larger degree, a computer can do this faster than any person and it can even start making the documents, so the AI can create a set of patents that cover the entire field, with a setting where less than 20 patents will stop commercial competitors to get traction in this field and this is not merely speculation, I feel that this is where we go to and now the big tech companies will own it all and the AI’s will have the entire patent field. Yes, there will be holes in the beginning, but as patent filing will overturn normal filings, the patent field will end up being owned by Google, IBM and Amazon. I have nothing against any of these three, but this is not what I (or anyone else) signed up for. I might just put all my 5G IP online making it all public domain, just to temporarily deflate the AI premise.

And personally, there is no way that either of the three had not considered this application, making the AI patent field a lot more debatable and I reckon that the larger law field is looking into that. In 2012 a total of 1,892 filings were made, now consider that an AI could cover a larger field with a mere 300 filings. That is not out of the realm of considerations, as such the Australian case we see in the Guardian could well end up with all kinds of nasty surprises if the stage of “The decision by the Australian deputy commissioner of patents in February this year found that although “inventor” was not defined in the Patents Act when it was written in 1991 it would have been understood to mean natural persons – with machines being tools that could be used by inventors” is not overturned. Will it? I cannot tell, but it opens a whole range of doors and some of them will end up being rather nasty.

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The choices made for us

Yes, that happens. It happens all the time. We vote and the elected people make choices for us. We support charities and that allows them to save who they think are important. These are choices that happen, to some degree with our consent. In the other hand we are confronted with choices made FOR us, without permission and without consent. And there the problem starts, we cannot make all our decisions and all our choices, in this we also set a larger stage that we can never control, and that is where the issues begin. 

In the first stage we see ‘Covid misinformation on Facebook is killing people’, the article by the BBC (at https://www.bbc.com/news/world-us-canada-57870778) gives us “The White House has been increasing pressure on social media companies to tackle disinformation”, which is nice, but utterly useless. As I see (as a Republican) that there can never be freedom of speech without accepting the accountability of what we say. To put it mildly, I wrote ‘The accountability act – 2015’ On June 4th 2012, almost 10 years ago I saw the solution that all the high and mighty lawyers are steering clear from. My thoughts never became reality, and you might wonder why not? When we see today at the BBC “Earlier on Friday, White House Press Secretary Jen Psaki said Facebook and other platforms were not doing enough to combat misinformation about vaccines”, I am stating that people like Jen Psaki are wording the thoughts of people who are at times too stupid for everyones good. We need to accept that solutions like Facebook are mere publishers here, the people uploading their views are to be held responsible for what they say, but politicians for well over a decade refused to do so. I get it that there should be freedom of speech and freedom of expression, but in that same setting those freedoms need to be enriched with  accountability. 

In the second stage we see ‘Under the skin of OnlyFans’, also by the BBC (at https://www.bbc.com/news/uk-57269939). There we see “Soon Tina was making $2,000 (£1,450) a month and able to rent her own flat. But in January, a hacker seized control of her account, blackmailed her for $150 and uploaded streams of IS terror videos”, as such we see “one of the million content creators on OnlyFans”, yet how much is revealed on the terrorist that resorted to blackmails. So the BBC and others are all about the OnlyFans part, but only (in passing) the BBC mentions blackmail and terrorism. So how much is there on that hacker and has that person been arrested yet? We can optionally see that Tina takes accountability for HER material, but who holds the terrorist accountable? 

Then there is level three, which comes from the Dutch NOS. There we see (at https://nos.nl/nieuwsuur/artikel/2389685-zo-opereert-de-digitale-maffia) ‘This is how the Digital Mafia operates’. The articles gives us “We were able to listen in on a piece of negotiation between a Dutch security company and a hacked company. The online criminals are so professional that the negotiators work in team services. They even seem to use scripts during the negotiation – as if you were calling a customer service”, they even give a video on how a ransomware kill chain is operated by seven different groups, and the US president Joe Biden is all about blaming social media, instead of hunting down these digital criminals with optional targeted kill orders. 

As I personally see it, our freedom has been given away hiding behind ‘freedom of speech’ posters, and the freedom of expression for digital criminals is to get every penny they can get. No one is held accountable for their actions. A choice made FOR us, against us and in opposition of our safety and freedoms. 

So how does that sit with you?

Yes, we might see one side of the table, all whilst the other side is covered with a table cloth. And the Dutch version matters, in this age, after criminals executed the crime journalist Peter R. De Vries the public might get angry enough to force the issue and that gives us a new stage, the dozens of criminals feeling safe in the Netherlands might suddenly lose that freedom of action because of the acts of a person allegedly acting for (or in response) Ridouan Taghi. I reckon that it will take time to ascertain one or the other, but the public does not wait, they will act in loud response and that might be just the coin toss a few people are hoping for and especially the digital crime circles dreads, they are all about white collar crimes, all whilst the response is well above their heads and others will respond in kind, even criminals will react, all to push the limelight away from them. This is the response we get to have in a world of ‘freedom of speech’ without accountability.

In a world where no one wants to pay the bill for what they caused. This might be most visible on Covid and disinformation, but soon enough the Trumpists (drummers as well) and others will see the consequence of action without accepting the liability attached to it. Even now as life in the US becomes close to unliveable, we see that politicians are allowing QAnon speakers to take the limelight. You think the age of Donald Trump is over? Think again, as long as there is a lack of accountability is continuing this wave keeps on going on. 

And the opposition? That is easy, it will not take too long, but the intelligent people could pick up their IP and take it to Canada, the UK and the EU, when that happens and the US Credit card is considered too overdrawn, the stage of life in the US will soon change and not due to a heatwave. In 2021 $15 billion in drugs patents will expire, the year after $36 billion more, and over the next 5 years the US will see well over $20 billion in technology patents expire and now consider that an estimated $25 billion in patents move somewhere else, an economy with an immediate write-off that goes optionally beyond $100 billion lost. Now consider what happens to your credibility when your collateral is diminished by 100 billion? The US might need a new song, one that is different from blaming big tech, they are keeping the US economy alive. All drenched in choices made for us, made for us all. Yet how many of them were made FOR us? And this is not merely about the US, when they go under so does Japan and soon thereafter the EU as well. Do you still think that freedom of speech is the real saviour? It is a one sided coin of a larger stage that ignores the other side of that very same coin. 

Good luck!

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Only death is flawless

I crossed a BBC article this morning that I had to mull over in my mind. I didn’t want to ignore it and to blatantly answer on the spot seemed wrong. The title ‘FBI failed to investigate USA Gymnastics abuser, watchdog finds’ is pretty damning to read. And it does not stop when we see “Numerous missteps and cover-ups by FBI agents allowed his abuse to continue for months after the case was first opened, the report found”. I particularly noticed “numerous missteps and cover-ups”, a setting we always face in every walk of life, but to see it in the FBI corner is a little weird. There is also “the Department of Justice Inspector General found that despite the seriousness of the allegations against Nassar, the FBI field office in Indianapolis dragged its feet in responding”. Here we see ‘dragged its feet’ and I wonder what else the 119 page report had to offer. The report gives us from the start an account from Stephen D. Penny “During the meeting, among other things, Penny described graphic information that three gymnasts (Gymnasts 1, 2, and 3), all of whom were minors at the time of the alleged sexual assaults, had provided to USA Gymnastics. Penny further informed the FBI that the three athletes were available to be interviewed”, so we have 3 accounts, from minors this was in July 2015. Then on the next page we get “The MSU Police Department Learns of Nassar’s Alleged Abuse and Executes a Search Warrant on Nassar’s Residence in September 2016”, so there is a level of inaction for 14 months. Perhaps inaction is the wrong word, the endangerment of minors was unanswered for that amount of time. We also get “FBI’s Lansing Resident Agency first learned of the Nassar allegations and opened its Nassar investigation on October 5, 2016 (neither the FBI’s Indianapolis Field Office nor the FBI’s Los Angeles Field Office had previously informed the Lansing Resident Agency of the Nassar allegations)”, as we see there is now a stage of seeming inactivity for almost 15 months. There we get the larger issue “The Lansing Resident Agency ultimately discovered over 30,000 images of child pornography on the devices seized by the MSUPD during its search of Nassar’s residence”, so we get two issues, not only was there a larger stage of inactivity, the criminal in question had 15 month to do away with ‘30,000 images of child pornography’, we can only be thankful for the arrogance of some criminals. Even as I am on the fence mainly as the mention of the word ‘child pornography’ 30 times, yet on page 55 we also see “The audit indicated that, on May 5, 2016, the week prior to the call from the Los Angeles Field Office, the Indianapolis SSA accessed eight FD-71s in an electronic file which we determined, by the case number, to be an FBI Indianapolis “zero classification file” for child pornography cases that are no longer being investigated. None of those files concerned the Nassar matter”, there are a number of issues with that statement, but I am also willing to admit that there is a larger stage here and the lack of details do not make Nassar guilty, yet the lack of details and the the added “The Indianapolis SSA told the Los Angeles SSA that he had created a formal FBI complaint form (FD-71) in 2015 to transfer the Nassar allegations from the Indianapolis office to the Lansing Resident Agency; however, the Los Angeles Field Office, the Indianapolis SSA, and other FBI employees stated that they searched for the FD-71 in the FBI’s computer system but could not find it. The OIG also found no evidence that such a document had been sent to the Lansing Resident Agency in 2015” at the top of the file gives us a few more items.

Consider the gravity, now consider “The OIG also found no evidence that such a document had been sent to the Lansing Resident Agency in 2015”, an issue with serious criminal gravity and there is a lack of follow up, which gives me the feeling that this was more than ‘dragging their feet’, this was in my humble opinion an event to shovel something this serious under the carpet. When we add the events around Jeffrey Epstein and Ghislaine Maxwell, there is a larger stage that  nearly every walk of law enforcement seems icky about, and the fact that most of them have kids comes across as massively weird to me.

This is seen on page 16 where we see “Under federal law, law enforcement personnel who, “while engaged in a professional capacity…on Federal land or in a federally operated (or contracted) facility,” learn of “facts that give reason to suspect that a child has suffered an incident of child abuse,” including sexual abuse or exploitation, “shall as soon as possible make a report of the suspected abuse” to the appropriate law enforcement agency” this gives us a few issues and there we see where the failure takes a much larger turn, are certain abusers protected? Yes, it is highly speculative, but after Epstein, is that such a stretch? The timeline shows that this started on July 28th 2015, he was in the end arrested on November 21st 2016, so he was left ‘unattended’ to for well over a year. In addition, children were left in danger as he was released on a bond. It took a Wall Street Journal reporter who send an alarm light on January 17th 2017. The timeline also gives us that on February 8th 2018 we get “including its claim that the Indianapolis Field Office provided its findings to the Detroit Field Office”, so was this falsifying records? It is a leap, but not quite the leap we think it is. Yet the most damning part is seen on page 26, a part the BBC does not really give us (no blame to the BBC). It is “Both the Indianapolis ASAC and the Indianapolis SSA told the OIG that Penny was instructed twice during the July 28, 2015 meeting to report the Nassar allegations to local law enforcement where the violations were committed, as no apparent violations occurred in Indiana.” Some might say that this was passing the buck, but the frame of accusations is a lot larger, the direct flaw of this is what I would call ‘Clarification, Verification and Follow up’. In a stage where the lives of children are reported to be in danger (or any serious crime for that matter), do you really think that a phone call or a direct email is too much? When IT systems fail again and again, relying on one part is jut too dangerous and that flaw is found in nearly all governmental systems, not merely the ones in the USA. And the ‘excuse’  that we see with “Penny was instructed twice during the July 28, 2015” which is in this document, all whilst the surrounding events. This report (at https://oig.justice.gov/sites/default/files/reports/21-093.pdf) shows a larger failing, and the issue is not pounding the FBI, although there is some entertainment found in having a go at Christopher Asher Wray merely for the need to boost ones ego. Yet the larger stage of that document is that this event is as it is documented a much larger treasure trove for governments to see, check and verify how their own systems are holding up to scrutiny. Yes, we know that plenty of nations have their own systems, but is this document used as a template to see if there are flaws in their own system? I wonder. 

Listen,. We can all have our Monday morning Quarterback moments, my larger issue is wondering how the US and other nations evolve their systems to prevent this from happening (again). I have always lived by the setting that ‘the person who claims to make no mistakes’ has either never worked or is lying. It is important to repair end evolve any system, any protocol and any procedure. It is essential for any evolving forward motion. 

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