Category Archives: Law

The shores I see from here

OK, I am not beating around the bush, I have given my point of view on several matters and I have always stated that I have always been driven by evidence. As such I have opposed the views of Agnes Calamard, not for Saudi Arabia, but because of the debatability of the evidence, so as we now see ‘Trump boasted he protected MBS after Khashoggi hit: Report’ (at https://www.aljazeera.com/news/2020/09/trump-boasted-protected-mbs-khashoggi-hit-report-200910195007682.html), all whilst there is no actual evidence of the hit. Now, I get it, I understand that you would doubt me, I would doubt me as well, but perhaps the following will convince you. When we see the quote “Trump bragged that he protected the Saudi crown prince from consequences in the United States after the assassination of Khashoggi in October 2018, the news outlet Business Insider reported on Thursday. “I saved his a**,” President Trump said about the US outcry about Khashoggi’s killing, according to Business Insider, quoting from a copy  of Woodward’s book. “I was able to get Congress to leave him alone. I was able to get them to  stop,” Trump said.” What do we see? Basically, the only action we see is ‘I was able to get Congress to leave him alone’, my question becomes, what evidence is there for congress to rattle Saudi Arabia with? When we re-open the report I spoke about yesterday we see at [6] “the Special Rapporteur was not provided with any information regarding the evidence they may have collected during this period.” Which is funny when we see at [8] “The Special Rapporteur found credible evidence pointing to the crime scenes having been thoroughly, even forensically, cleaned”, here we get the issue, they claim guilt on the setting that the room was clean, it is like you getting found guilty of killing your mom and dad because the house does not contain evidence of their death. OK, a small exaggeration, I get that, but the finding of guilt due to no evidence is the setting and she was kind enough to create doubt by ‘found credible evidence pointing to’, so the stage of ‘beyond all reasonable doubt’ is avoided, added to the facts that there was no credible evidence that any order was ever given to kill Khashoggi and the Crown prince was roughly 12,756,587 meters away from the crime scene. Yup, that evidence is so overwhelming isn’t it? So how come this US president is that stupid to alienate his allies? And that is merely the beginning. As we are given “US and other foreign intelligence services have reportedly concluded that MBS directed the killing” we are drawn to the report that gives us at [39] “At some point, there comes a time when an intelligence service or operative simply has to make a stab at assimilating what all this means. There is rarely space for scrutiny from anyone outside the intelligence system”, which is interesting against the ‘concluded’ part earlier when it is about “make a stab at assimilating what all this means”, which is not evidence and is nowhere near ‘beyond all reasonable doubt’, did anyone consider this? The report has plenty of issues that could be speculative gems of fingering any party as guilty, but is that what a murder investigation is supposed to be about? And in this mess we see ‘Trump boasted he protected’? What is this, an episode of Comedy Capers? And the article goes on giving us “Khashoggi was killed and dismembered by a team of Saudi agents while his fiancee waited for him outside the consulate building”, all whilst there was no evidence retrieved in any way that there was a killing and there was no evidence on dismembering, it is all speculation.

You see the claim of dismemberment implies that there is a body, there is forensic evidence and that is disputed in the report starting at [8], it is not about what might have happened, it is about what can be proven and there is no evidence, there is merely speculation through the expensive words like ‘credible evidence’ and ‘may have been collected’, the lack of ‘evidence that can be proven beyond the shadow of a doubt’ and ‘collected evidence’ is missing making the issue moot and it makes the statement by President Trump one of the least intelligent boasts that any US president has ever made. But there is an upside, I needed EU 324,000,000 for a project, so I am willing and willing to offer myself as an in-between to other arms dealers to set up office with Saudi Arabia and the United Arab Emirates, as such I would be willing to find another party to offer the “$8bn in precision-guided missiles and other high-tech weapons”, let’s face it, fair is fair, right? Boasts on one side (especially those linked to a lack of evidence) should be countered by economic deals to other parties on the other side. That is what Wall Street taught us all and we are all willing to learn (especially when we earn a few coins), so that is that state of matters and I will be taking calls from the BAE as per direct. Raytheon eat your heart out!

Suddenly the shores I see from here don’t look so bad, what should I do, play hard to get? I think not!

 

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Squid rings of theatrics

I was about to enter the relaxing side of Thursday pushing towards Friday. It was to be an uneventful setting towards the weekend, yet there Al Jazeera comes with the setting of “UN special rapporteur tells Al Jazeera the Saudi trial over the killing of Jamal Khashoggi made a ‘mockery of justice”, in my personal setting, the UN Essay writer has an issue, so lets recap the issue.

A lot of it was given in ‘Demanding Dismissal’ (at https://lawlordtobe.com/2019/07/04/demanding-dismissal/), I even added the report there. Yet one thing I left alone (until now), in the article I referred to “The Saudi officials we are sanctioning were involved in the abhorrent killing of Jamal Khashoggi. These individuals who targeted and brutally killed a journalist who resided and worked in the United States must face consequences for their actions”, as such I ask ‘What abhorrent killing?’ Let me explain this. Abhorrent is repulsive, disgusting or horrifying. So is there a grade in killing? It also implies that someone witnessed it, if not how can it be abhorrent? So let’s get back to the report.

[92] Turkish Intelligence assessed that he may have been dead within ten minutes after entering the Consulate. Here we are treated to ‘he may have been dead’, ‘may’ refers to speculation, not fact, the footnote gives us “The ten minutes reference is based on the fact that after ten minutes, Mr. Khashoggi voice was not heard”, this implies that Turkish Intelligence has 100% of the embassy bugged and wired, that is extremely doubtful on several levels. 

[97] Around 15:00, CCTV cameras captured a consular van and another vehicle leaving the Consulate’s garage and arrive at the Consular General’s Residence at 15:02. The cameras recorded three men enter the Residence with what seem like plastic trash bags, and at least one rolling suitcase. Turkish Investigators have not been able to identify the size, the shape or the type of bags that the three Saudis carried into the Residence or where they may have purchased them. OK, we accept the footnote on contradictory parts, yet there is no evidence that Khashoggi, or him in parts was anywhere there, there is no evidence. 

The report mentions ‘interrogation’ 4 times, yet these so called tapes on the torture/interrogation of Jamal Khashoggi. Who heard them? How were they forensically tested and who tested and seconded any report of these findings and optional facts? 

I even added “It is these two events alone that requires the United Nations to consider your dismissal, it gets to be even worse when you called “Donald Trump’s administration has to share its findings into the murder with the international community“, please explain to me how the United States has any actual evidence regarding the events in a foreign nation on a consulate that is another nations grounds? How was this evidence collected? Creating a mountain of non-substantial evidence is not really evidence, even as circumstantial evidence that is founded on probability will not hold water, even if the statement “officials have said they have high confidence“, they lost the credibility they had with a silver briefcase holding evidence on WMD in Iraq, you do remember that part, don’t you? (It was roughly 16 years ago)”, the larger issues I have here are ‘has to share its findings into the murder’, so ‘findings’ and still unproven ‘murder’ is a setting that we need to accept and realise, there is negligent homicide, homicide, manslaughter, murder and capital murder. They have different settings towards intent that must be proven beyond the shadow of a doubt, there are the actions of the reasonable person and they all require a body to show the evidence, the body was never recovered. Now, I am not stating that Jamal Khashoggi is alive, it is more likely than not that he is no longer alive, but I cannot prove it, as far as I can tell no one can. 

I ended the article with “The consulate is Saudi territory, Turkish territory (the grounds around the Consulate) was implied to be monitored and there too a lot of errors were made, judgment calls that were basically colossal blunders. The realisation of any journalist getting so much attention with the dozens and dozens of incarcerated journalist in Turkish prisons calls for another venue and all these so called venues give rise that there are plenty of others with an optional issue with Jamal Khashoggi and you calling out HRH Crown Prince of Saudi Arabia Mohammad Bin Salman Al Saud should be regarded as stupid, the lack of evidence and the amount of circumstantial evidence alone calls you out.

I still believe in the law and a person is innocent until proven guilty. Now, I understand that there is a lack of evidence, it makes a person not guilty. In this I accept that ‘not guilty’ and ‘innocent’ are different dimensions, yet the lack of evidence still counts, there is nothing to go on and the puppet theatre that Turkey engaged with is part to blame, the fact that they have the most incarcerated journalists on the planet counts, the report never makes mention of it. The report gives us “In killing a journalist, the State of Saudi Arabia also committed an act inconsistent with a core tenet of the United Nations”, yet the lack of evidence shows that it cannot be proven that any act was done by the State of Saudi Arabia, even if evidence shows that Jamal Khashoggi that he was killed with intent, there would still need to be evidence that the State of Saudi Arabia did this or ordered this, and that is where the problem lies. Even as the report states on page 4 “From the perspective of international human rights law, State responsibility is not a question of, for example, which of the State officials ordered Mr. Khashoggi’s death; whether one or more ordered a kidnapping that was botched and then became an accidental killing; or whether the officers acted on their own initiative or ultra vires.” Actually it does, there needs to be evidence (it is a pesky thing that evidence)  that there were actions and orders by the State of Saudi Arabia they do not exist, they are at best implied. I am actually bewildered that there is no report that goes over every media on the fact that Turkey has its own history with journalists “The killings of journalists in Turkey since 1995 are more or less individual cases. Most prominent among the victims is Hrant Dink, killed in 2007, but the death of Metin Göktepe also raised great concern, since police officers beat him to death. Since 2014, several Syrian journalists who were working from Turkey and reporting on the rise of Daesh have been assassinated. The death of Metin Alataş in 2010 is also a source of disagreement – while the autopsy claimed it was suicide, his family and colleagues demanded an investigation. He had formerly received death threats and had been violently assaulted”, so where are these reports? I hope that the UN Special Rapporteur is something more than a mere UN Essay writer. I am certain that the world is eager to see what happened to these people. The media tainting setting has been extraordinary, in 2019 Google search gave well over 32,000,000 links to ‘Jamal Khashoggi’, especially as ‘Hrant Dink’ only has 1.4 million links, and ‘Metin Alataş’ has less than 850,000, so where is the visibility there? It matters because this all has been happening in Turkey, the puppet of Iran and its consort in the proxy war against Saudi Arabia, an established fact that the reports did not make mention of, the setting of Turkey is left out of consideration, which is odd as it is the nation that surrounds that setting and there is no consideration that this was not a Saudi operation, but a Turkish one. It is far fetched, I completely agree, but it was never investigated, especially when the weeks of the issue had all these contradictive issues and the media gobbled it up, but they were not investigated. Why not?

My view is supported in the report at [108], here we see “the Turkish authorities opened an investigation into the disappearance of Mr. Khashoggi on the evening of 2 October, after Ms. Cengiz called the local police about Mr. Khashoggi’s disappearance. The police then contacted the prosecutor on call who in turn wrote instructions on how to proceed with the case. That same evening, Turkish Intelligence began reviewing what they say were seven hours of raw recordings from the Consulate that they had in their possession. In their own words, the assessment of the raw footage was complex and it took them several days to reach a firm conclusion regarding the fate of Mr. Khashoggi. Their initial assessment of the recordings led them to believe that Mr. Khashoggi had been injected with something, passed out, and taken alive from the Consulate in some box or container.” I have issues with “Turkish Intelligence began reviewing” and “seven hours of raw recordings from the Consulate that they had in their possession”, now the fact that governments keep tabs on embassies and consulates is not that much of a surprise, yet when we see “Mr. Khashoggi had been injected with something, passed out, and taken alive from the Consulate in some box or container” is weird, especially as there is no evidence on any of it. 

So as I take notice in Al Jazeera of “There were Islamic scholars who debated whether this was a crime under Shariah (Islamic) law that could be pardoned. Because it was a premeditated crime, because it was so gruesome”, so how is it ‘gruesome’? A body was never found, murder is not proven, even if it ends up being manslaughter (me speculating that the killer, if there is one, did not intent the killing), the setting even lacks the foundation of a ‘premeditated crime’, this is a real stage and I wonder why Al Jazeera is keeping this alive. How many articles did they spend on all the journalists killed in Turkey? How much attention did the international media give all these incarcerated journalists in Turkey? When we consider that 231 journalists have been arrested after 15 July 2016, how much attention did Al Jazeera give them? It seems that the UN is part of a bigger play that requires Agnes Calamard to keep the Khashoggi issue alive, yet how much time did she spend on other issues? Incarcerated journalists in Turkey is only one, the actions of Houthi and Hezbollah combatants in Yemen is another one, and how much time has Agnes Calamard spend on Syrian issues? #JustAsking

The math in all this does not add up!

 

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Overkill anyone?

There is no going around the news that Alexey Navalny did not slip on a bar of soap in the bathroom. Yet the news ‘Nerve agent Novichok found in Russia’s Alexey Navalny: Germany’ given to us (at https://www.aljazeera.com/news/2020/09/germany-nerve-agent-novichok-russia-navalny-200902135330447.html) and other sources needs to be evaluated on a few levels. The media is of course eager to give us “Novichok – a military grade nerve agent – was used to poison former Russian spy Sergei Skripal and his daughter in the United Kingdom”, that event had a few issues and this one has even more. First of all, I do not really know the man, so my information on him has a few dubious sides. Consider his life in Moscow, on his walks in Moscow there are well over a dozen vantage points where his life could be snuffed out with a cyanide tipped bullet (or Ricin), two much more stable compounds than Novichok ever was. From each of these vantage points, I would be able to get to 1-2 streets over and after that simply vanish, the M24, or DVP Druganov equivalent I would leave behind, as a present for the eager beaver. As such Navalny would be dead. There are alternatives with Lithium, and several more opportunities that end life permanently, so we do have options. In this we now get another stage. This is the third known Novichok attack where the person does not immediately die, or does not die at all ‘Comatose Russian dissident Alexey Navalny arrives at Berlin hospital’ (source: CNN). And even as the media hides behind ““Only the state [FSB, GRU] can use Novichok. This is beyond any reasonable doubt,” Ivan Zhdanov, director of Navalny’s Anti-Corruption Foundation, said on Twitter, referring to the FSB internal security and GRU military intelligence services”, I had shown in ‘Something for the Silver Screen?’ In March 2018 (at https://lawlordtobe.com/2018/03/17/something-for-the-silver-screen/) we see that the statement ‘Only the state [FSB, GRU] can use Novichok’ is not true, there are at least two instances where reach of Novichoks are outside of state actors, that is separate from the issues shown in the OPCW papers and in this, there are more questionable acts by Vil Mirzayanov in this. And let’s be clear, if the FSB or the GRU wanted Alexey Navalny dead there are over a dozen of ways to do that. If you need to get rid of the neighbour, you don’t resort to nuclear weapons, it is a level of overkill that is apparently accepted by all the media whilst no one is looking at the larger picture. Novichok is massively unstable and way too dangerous. These are known properties and no one is looking into the matter or asking questions. 

Is that not really really weird?

And it does not end there, Al Jazeera also gives us “Sergei Nechayev, who was summoned to the foreign ministry on Wednesday, asked for evidence and received “no answer, no facts, no data, no formulae”” as such, we see the accusation, we see no facts and no real evidence, and even as I am willing to accept that there was something real here, there is still a larger car where this is not a state operation, but another setting where Russian organised crime is involved. This does not absolve the Russian government but it does show a much larger setting and optionally a case where the Russian government is not guilty. The act of one corrupt official does not make a government guilty, and is that not a nice surprise “In December 2010, Navalny announced the launch of the RosPil project, which seeks to bring to light corrupt practices in the government procurement process”, it seems that Navalny has been dipping his feet in the pool of corruption hoping to see what is swimming there and who the sharks are (a West Side Story reference). Yet the media is not looking too deep there, because someone mentioned the word Novichok. In this the very first setting in this situation is that the use of Novichok is a massive overkill, and no one is catching on, why is that?

And if the west is so about freedom and about being nations of laws, why are they all negated in several cases? 

 

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Just the facts?

Isn’t that what it needs to be in media? Just the facts? The issue is that media in general and in this case the BBC specifically is setting a different stage and I am not sure why. Now, I will give up front that it is my opinion and perception against that of the BBC and the stage is up in the air. For the most, or basically nearly always, the BBC is on point and is highly reliable. In this case, some facts are debatable and one factor is that I do not have all the inn’s and out’s (pun intended). That is also a factor and I am trying to keep that in mind. So the article ‘Saudi king sacks defence officials’ would initially be something I would have glanced over. Merely because even if I would be applying for the position of Defence official for the Saudi Arabian government, I do not speak the language and I reckon that there are plenty of Saudi nationals eager to get that position. In the second, the role was until recently in the hands of Prince Fahad bin Turki, and I am no prince (no matter what the ladies say). In addition we are given “The men, along with four other officials, face an investigation into “suspicious financial dealings” at the Ministry of Defence, the decree said”, implying that this is all about the politics, and I never cared for politics. It all starts with “critics say the high-profile arrests have been aimed at removing obstacles to the prince’s hold on power”, my first question becomes, who are those critics? In the second, in light of how things are in Yemen, I see no real setting that Prince Fahad bin Turki is any kind of obstacle in the current power setting in Saudi Arabia, now I will admit immediately that I have no real idea on who is in that power cycle, yet I wonder if those ‘critics’ are aware of what is and who are, or are they merely setting the stage for others to set a presentation stage? You see the accusation is given speculated strength via ‘critics say’ yet we do not get any mention of who those critics are, do we? Yet the BBC article (at https://www.bbc.com/news/world-middle-east-53980115) goes off the deep end when we see “However he has been embroiled in a series of scandals, including the murder of Saudi journalist Jamal Khashoggi at the Saudi embassy in Istanbul in 2018 and an alleged murder plot against a former Saudi intelligence agent in Canada”, this is achieved in a few ways. In the first, the entire Khashoggi debacle is set to flawed intelligence, especially the ‘added’ intelligence by UN essay writer Agnes Calamard, I dealt with that in several articles, especially in ‘Demanding Dismissal’ (at https://lawlordtobe.com/2019/07/04/demanding-dismissal/), so not only can we prove that Jamal Khashoggi is murdered, we can merely speculate on that, and that is before we need to realise that there is absolutely no evidence that there was any directive from Saudi Arabia to allegedly kill Jamal Khashoggi, if there was it would have ‘leaked’ to every newspaper in the world, all we got was a level of emotional outbursts devoid of evidence. And there is the alleged plot against Dr. Saad Aljabri, the allegations went so far that they try to convict Saudi Officials in another country, how is that for failing evidence? Yet that same court has no real intentions to seriously look into “Saudi officials accuse Aljabri of leading a group that misspent $11 billion of government funds and skimmed $1 billion for themselves, the Wall Street Journal reported, an allegation he denies” interesting is it not? 

So it seems that the critics are all about spinning yarn, if not they would have been out there supported by actual and factual evidence, they are not. And the implied situation in Istanbul, which comes up in every Saudi story is this time linked to the sacking of defence officials, all whilst the evidence attached is drowning additional events is disbelief and more credibility is removed from the situation. That was not hard, was it?

 

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EU fart bit, Google Fit Bit

Yes, we leap left, we leap right and as we see options for choice, we also see options for neglect. In Reuters we see “Google’s parent company Alphabet agreed a $2.1bn (£1.6bn) takeover of the wearable tech firm last year. However, the deal has yet to be completed”, we see that at https://www.bbc.com/news/technology-53647570, and as we see the BBC article, we wonder about a lot more. Yes we acknowledge “While the European Commission has said its main concern is the “data advantage” Google will gain to serve increasingly personalised ads via its search page”, and in the matter of investigations we see:

  • The effects of the merger on Europe’s nascent digital healthcare sector
  • Whether Google would have the means and ability to make it more difficult for rival wearables to work with its Android operating system.

From there there are two paths, for me personally the first one is Competition Commissioner Margrethe Vestager, to be honest, I do not trust her. I will admit right off the bat that this is personal, but her deal relying on what was requires her to get a win, any win. The setting is founded on “officials acknowledge that the EU’s competition enforcer faces hard choices after judges moved to quash her order for the US tech company to pay back €14.3bn in taxes to Ireland”, which was a juridical choice, but in all this she needs a win and I reckon she will do whatever er she can to get any of the FAANG group. For the most I would be on her side in the tax case, but on the other side the entire sweep of the Google Fitbit leaves me with questions.

The first point is on ‘effects of the merger’, so how is this in regards to the Apple Smart Watch, the Huawei smart watch (android), and a few other versions, how much investigation did Apple get? How much concern is there for Huawei? Then we see the second part ‘Whether Google would have the means and ability’, it is not a wrong position for Margrethe Vestager to take, but as he does it upfront, in light of the EU inactions regarding IBM and Microsoft, it seems weird that this happens upfront now (well to me it does). And as we see ‘difficult for rival wearables to work with its Android operating system’ I see Huawei and the solutions they have, Android solutions no less, so why is Google the problem? 

Then there are two other parts. The first one is “Analysts suggested part of the attraction for Google was the fact that Fitbit had formed partnerships with several insurers in addition to a government health programme in Singapore”, the second one is “Google has explicitly denied its motivation is to control more data”, in all this there is less investigation in regards to what data goes to Singapore, or better stated the article makes no mention towards it, and as I see it, there is no mention on it from the office of Margrethe Vestager either. The second part is how Google explicitly denies its part, yet that denial does not give us anything towards the speculated “its motivation is to have access to more data”, and when you decide on a smart watch, data will end up somewhere and the statements are precise (something that worries me), I have no issue with Google having access, but the larger issue is not Google, it is ‘partnerships with several insurers’, the idea of privacy is not seen remarked upon by Margrethe Vestager and her posse of goose feather and ink-jar wielders, the focus is Google and is seemingly absent from investigations into Fitbit pre-Google in an age where the GDPR is set to be gospel, so who are the insurers and where are they based? Issues we are unlikely to get answers on. Yet when we consider “John Hancock, the U.S. division of Canadian insurance giant Manulife, requires customers to use activity trackers for life insurance policies in their Vitality program if they want to get discounts on their premiums and other perks”, so what happens when that data can be accessed? Is the larger stage not merely ‘What we consent to’, but a stage where the insurer has a lessened risk, but we see that our insurance is not becoming cheaper, there is the second stage that those not taking that path get insurance surcharge. So what has the EU done about that? We can accept that this is not on the plate of Margrethe Vestager, but it is on someones plate and only now, when Google steps in do we see action? 

So whilst the old farts at the EU are taking a gander at what they can get, I wonder what happens to all the other parts they are not looking at. Should Google acquire my IP, with access to 440,000,000 retailers and well over 1,500,000,000 consumers, will they cry murder? Will they shout unfair? Perhaps thinking out of the box was an essential first requirement and Fitbit is merely a stage to a much larger pool that 5G gives, but as they listened to the US, they can’t tell, not until 2022, at that point it is too late for the EU, I reckon that they get to catch on in 2021 when they realise that they are losing ground to all the others, all whilst they could have been ahead of the game, lets say a Hail Mary to those too smitten by ego. 

 

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Innuendo on the aftermath

The BBC is giving us more, and more, and more. Now they give us “The coronavirus crisis might be causing widespread economic upheaval around the world, but the world’s biggest tech firms are thriving.” And why is that? Consider the simple truth, Apple, even though not completely innovative, does give us something lovely. A lot of people got access to their Super early because of the Coronavirus, we do not want to splash and splurge, but when you are in lockdown, you cannot escape yourself, you can stare down the walls, go insane, or do something else. Surf the web using a Apple iPhone, or a Google Pixar, read a book, play a game or watch a DVD that is ordered via Amazon, then there is the surfing and 2 billion visit Facebook, so yes ‘the world’s biggest tech firms are thriving’, shops would not have been a great offer, lockdowns do that, but the people can order things and some get the hardware to do this. When you have one day to live, the option to see in brilliance and astounding quality matters a great deal to that person. And in all this, the digital highway will be travelled a lot more than usual, people working from home, people being denied high resolution Netflix because the internet if congested, but the advertisements go through, and we all see them. Then we get “At a hearing in Washington on Wednesday, lawmakers grilled the companies about whether they were abusing their dominance to quash rivals, noting the sharp contrast between their fortunes and many other firms”, as I personally see it, they aren’t quashing rivals, they are using their expertise to gain faster and more. 

Beyond that there is “Republican congressman Jim Sensenbrenner asked Mark Zuckerberg why Twitter had removed a post by the US president’s son, Donald Trump Jr, discussing the efficacy of the drug hydroxychloroquine. Twitter is not owned by Facebook. “I think what you might be referring to happened on Twitter, so it’s hard for me to speak to that,” said Mr Zuckerberg.””it gives my earlier view on the stupidity of politicians, as Jim Sensenbrenner cannot tell who owns what and addresses the wrong person on the matter, we see the Cowboy show I expected to see, a waste of time, and poor entertainment at that. 

It becomes a larger issues when we see “Democratic congresswoman Pramila Jayapal asked Jeff Bezos for a “yes or no” answer: Did Amazon ever use seller data to make its own business decisions? This was a reference to reports that Amazon has used data gathered from businesses selling products via its site to design and price its own rival first-party goods – something the firm has previously suggested had been limited to a group of rogue employees. Mr Bezos responded that he couldn’t give an answer in such simple terms” That is part of the problem, the lack of knowledge, when we look at “Did Amazon ever use seller data to make its own business decisions?” What exactly is ‘seller data?’, is it a cookie that the users has agreed on, was it sales data from the application that was used, as such, what application data is in play? Was it a customer review? Three questions that rip out the threads of the conversation. As such, as we saw Democratic congresswoman Pramila Jayapal rip Attorney General William Barr to shreds, she should have known better from the start, and we go from cowboy act to dog and pony show. In all this there is also debate on ‘to make its own business decisions’, especially as APN partners have options to make choices and decisions, it was a poorly phrased question and a wrongly lit situation from the get go. And last but not least we see “Republican congressman Matt Gaetz claimed that Google collaborates with Chinese universities that take “millions upon millions of dollars from the Chinese military” and noted that tech investor Peter Thiel had previously accused the company of “treason””, so how stupid is Matt Gaetz and where does he have ANY evidence that Google was taking money from the ‘Chinese military’? It is these levels of stupidity that gets no results, mere innuendo, yet they ALL seems to agree that overhauling Tax laws and competition laws would be a larger need, especially that in light of 5G and optionally 5G plus (a new IP I am working out) the need to both would be essential in keeping the playing field level, but these politicians, but their own account they sealed their own lives. Even as we see: “But Cicilline goes on: “This is the tip of the iceberg. It’s not just about Covid. Facebook gets away with it because there is no competitor. It’s the only game in town.”” I still remember the setting in 1997, I saw so called bullet point executives having no clue on the digital highway, dismissing it of hand as some paths had no business purpose, the setting did not change before 5 years AFTER Facebook was created by people lacking innovative vision and trying to bleed off Facebook settings, and history is about to repeat itself in the 5G environment, the back-fall is that big and US Congress, seemingly ignorant of the digital dimension are making things worse by stopping the only 4 resources in the US who have a chance of c countering what comes next. So well done djotto’s! And it does not end there. Considering the lacking intelligence by these democrats, when the people realise just how far it lacked, we get to see that the upcoming election is not a given, not by a long shot. I keep on wondering what the hearing was about, when will we get to see these documents and so called evidence that they rely on? I wonder how many holes I get to shoot into that part of the equation. I talk about innuendo and here it is, proudly brought to you by the BBC. It was Republican Greg Steube who sets that in motion with the question “Do you believe the Chinese government is stealing technology from US companies?”, mind you that he tried to push for a yes-or-no answer in light of the simplistic minds that these members of Congress have. Yet consider that the most powerful tech bosses and owners of the IP stated “I don’t know of specific cases where we have been stolen from by the government” (Tim Cook), and that is the first part where we see the issue. Then there was “no first-hand knowledge of any information stolen from Google in this regard” (Sundar Pichai), “I haven’t seen that personally but I’ve heard many reports of it” (Jeff Bezos), in this we only have Mark Zuckerberg who gives us “I think it’s well documented that the Chinese government steals technology from US companies”, this issue here is in the first that it was narrow-minded to set a shallow question on a closed answer, all whilst Tim Cook gives us that he does not know the the Chinese government is stealing, but cheap knock off’s, especially when it is promoted by Kylie and Kendall Jenner (at https://www.bbc.com/news/technology-53596192) are getting promoted by people of no mind and a clever approach on what they can get away with, I think they are called criminals. Sundar supports the view, or basically leads in his own fairway that Google was not a victim of that approach. We get Jeff giving us that he has seen many reports, yet I wonder who wrote them, I hope he is not relying on FTI Consulting for more than one reason. Only Marky Mark remains, I cannot fault his view and perhaps he is right, but in light of the Bezos hacking view and the issue on Sony and North Korea, there are too many questions on who does what and so far too many issues have left us with too many questions on how short the comings of come of the US cyber divisions really are, and that is not all. The hand that could be feeding them is the hand they are biting whilst not adjusting for the laws to make a proper job, that is the setting that we are left with in the aftermath and the innuendo around us leaves us with questions on politicians seeking the limelight. And why was Microsoft not there?

It is a weird setting and it will get a lot weirder in 2021. 

 

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The Aftermath

Of course, I did one just before and now one more, 4 tech giants and US congress? It was too good to pass up, if I was in Washington DC, I would have opened a popcorn cart at the entrance (if that is allowed), so as I looked via the BBC before, I will do so again.

It starts with democrat Congressman David Cicilline who gives us “a year-long investigation by lawmakers had revealed patterns of abuse by the online platforms” my question becomes ‘Where is that report, can we see it?’ It might have been made public, it might not, I do not know, but I was not directly able to find it, yet the Boston Glob had the headline ‘Today is the biggest day of David Cicilline’s political career’ as such this man seeks the limelight, so why is that report not all over the media? So far in well over half a dozen newspaper sites, none of them had the link to that report, as such h I have questions and I fear that when I read it a lot of questions will pop to the surface. And when we see “The dominant platforms have wielded their power in destructive, harmful ways in order to expand” the question I had in the previous article rises again, why is Microsoft not there? Show clear evidence of ‘wielded their power in destructive, harmful ways’, and when showing that evidence also give rise to what laws were broken please? IBM and Microsoft have wielded power in harmful ways for decades, yet they did nothing illegal. As such proof of illegality would be ni

Next is Google, there we see: “lawmakers accused Google of having stolen content created by smaller firms, like Yelp, in order to keep users on their own web pages” did Google steal it, or did some duplicate their opinion in both to double THEIR visibility? I am not stating that Google is innocent, I do not have the evidence, yet ‘stolen content’ gives rise to a crime, presented evidence would be nice. So whilst we see accusations, we also got “some Republicans signalled they were not prepared to split up the firms or significantly overhaul US competition laws, with one committee member saying “big is not inherently bad”” the problem again is were there any illegalities made? When some go for “significantly overhaul US competition laws” we see the implied non-illegal stuff and that is where the problems lie, the US government, both the senate and congress should have overhauled Tax and competition laws well over a decade ago, their fault not the four tech bosses and I have stated this failing for years, so why go after the four and leave Microsoft (who is also running advertisements) out of the mix, I have some questions on how David Cicilline is seeking the limelight if you don’t mind!

Then we get the US president “a long-time critic of Amazon and threatened his own action on Twitter, writing: “If Congress doesn’t bring fairness to Big Tech, which they should have done years ago, I will do it myself with Executive Orders.”” It sounds nice, but pointless, there is a lack in legal sides in both competition law and tax laws and a nation of laws cannot reside in a discriminatory state living of executive orders, whilst they can be legally countered. As I see it, the entire charade was a cowboy approach to something that has no bearing, will pay lawyers for a decade and will amount to nothing, all whilst overhauling two sides of the law is ignored again and again.

In this I have to take the sides of the tech boys. With the added side that if David Cicilline does not spread these legal documents of ‘wrongdoing’ these hearings are merely the end of his political career, and in light of the fact that I have never heard of him not a good thing I reckon (OK, that was my egocentrically side). The more articles I read from more newspapers, the more that the feeling of a cowboy and Indian approach by this congress is the stage we face, in light of the non committing towards overhauling Tax laws and competition laws merely strengthens my feelings on the matter.

 

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When Congress becomes something more

So as I stated in ‘The Fantastic Four and the Bully’, the four getting grilled are not the bad guys. Well, there is some debate, but the foundation is that these four tech entrepreneurs are getting grilled by people who are clueless on tech matters. So as some read the BBC part “At issue is the fact that Apple doesn’t allow apps to be installed onto iOS devices from alternative marketplaces, and that it enforces tough rules over the way subscriptions and other digital items can be sold.” The issue soon becomes, will congress be responsible for any bad app and data gathering app that Congress would want to allow for? Even as an android user, I see that there are very few bad apples around, as such most apps are safe. There are a lot more dangerous apps on Android. This is not the fault of Google, there are several ways that a personal device gets to be the victim, there are a lot less issues on Apple, as such and as Congress might demand third party options, will they not be responsible for the damage that they put on Apple and its users? There is another side, a these tech giants come under fire, the chances of Chinese hardware makers making it bigger only increases by 35%-55%, how is that of use to congress? We might see Fitbit mentions and other mentions, but these products are closely followed by Asian alternatives, the entire setting does not add up. Then we get the advertisements, until Google Ads was here, we had DoubleClick, there were versions that equal Epom, with price tags that started at $250 a month, then $1000 a month, $2500 a month and higher. So, can the US Congress give us a list of all the small business and small startups that had that kind of cash? Google Ads was one of the first AFFORDABLE solutions for small business units, the fact that the bulk all switched should be a larger consideration, in addition, Google Ads was one of the first to truly die a larger rise to localisation and languages. Usually one or the other was missing, as such, is the growth of Goole Ads to be blamed on Google, or on all the others who could not be bothered? Not everything is perfect at Google, we all know that, but we also know that the ignorance in congress is a little too large to wonder who they are serving, they claim the people, but in reality? I am actually wondering who they are setting the stage for, I see it as a different stage that the one they tell us we are on.

And even as we accept Sundar’s optional defence of “Today’s competitive landscape looks nothing like it did five years ago, let alone 21 years ago, when Google launched its first product, Google Search”, we need to see that this landscape is largely influenced on the upcoming 5G and as it is now, especially as well over 50% of all searches are done via mobile, the only thing I see coming is that China gets a much larger share of it all and Congress intervening on matters that they do not comprehend is a much larger danger to that happening. I have always been favour of Huawei technology, that does not mean that I want China to have the bulk of all the business. The White House wants us to think it is the same, but it is not. They have set the stage that unites Huawei in a political tool for China to set a much larger field, they were pushed by US stupidity, not Huawei needs. The US took it away and now we see a very different stage, one where Huawei is still independent, but taking the customers that China is pointing at. The stage is changing and Congress is adding fuel to that fire by chastising the big four tech makers, each entrepreneurs. Each understanding the digital landscape. I had no clue in the early 90’s when Amazon started, I thought it was mad to continue when the losses were so great, now the owner has is worth in excess of $35,000,000,000, a personal value that exceeds a lot of nations. I am not saying that all is kind and kosher with each of the four, I am stating that when we are getting told changes, we are properly getting told by people who understand that business and in Congress, I doubt that they can rub together 2 one dollar coins on the subject on digital advertising. The more ‘diplomatic’ answer comes from Facebook’s own Zuckerberg. With “Our story would not have been possible without US laws that encourage competition and innovation. I believe that strong and consistent competition policy is vital because it ensures that the playing field is level for all. At Facebook, we compete hard, because we’re up against other smart and innovative companies that are determined to win” and some of them are Chinese. Some are Russian and others are all over the place, yet Facebook has other problems too, privacy and marketing do not go hand in hand, not in their granular market and that is where part of the problem lies. We could decide that from the four, they are the bad apple in this, but that would be wrong. I worked for people who had no idea how to dress a Facebook market when it was offered to them, their bullet point presentations could not deal with that unknown side of business, that was the strength for growth for Facebook, it was so new, there were no defining borders and there is where we see part of that problem, a lot never caught on, not to the degree that Facebook represents and there I see the dangers of the US Congress, they are not that clued in (as I personally see it). So as we get to one of the topics ‘One of the matters concerning the committee is the degree to which three of the tech companies now control the market for online adverts’ we need to recognise that these players made it affordable for a lot of businesses, the old way was dictatorial and something only rich companies could afford, they refused to give way and when Google, Facebook, Apple and Amazon gobbled up the small fry, the large fry moved positions because their provider was no longer the bee’s knees. Three never ruled it, the grew it changing the rulers and the old stage should never return. And finally, according to numbers one in three uses Bing and Microsoft search and are therefor exposed to Bing Ads, so why is Microsoft not in that stage? There are 4 players and one has well over 20%, so why is Microsoft not in the meeting? Is that asking for too much?

Those who have read my articles over the year have seen that I have chastised each and every one of these four (5 if you include Microsoft), but here I see no blame, not from any of the 5, the stage was set, the rules were followed and when the opportunity was there 20 years ago, most would not wonder there, I was a personal witness when some stated that there was no future for a business form of Facebook in 1997, as such what is the US Congress bitching about? And as we look at the article (at https://www.bbc.com/news/live/world-us-canada-53582909) we see the graph by eMarketer, yet Microsoft and their Bing is absent, why is that? So whilst they claim it is merely about the smaller rivals, it is about something more and something different, I wonder if we will ever be told the truth. As I personally see it, the members of congress have a different set of needs and I wonder what they are.

 

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He/She said, she/he said

There is a much larger issue, a much larger problem and for a while a lot of people have been ignoring it, not really on purpose, but as long as it does not hits them, they ignore it, and I will admit that for the longest time, I was very much on that same horse. Even if I did it away as a joke, it was my way of acknowledging that it is here. For example as a Sony fan I would say ‘I hate discrimination and Xbox users’, in all honesty, I do not really hate them, but it was a way to getting the point across, a joke tends to do that, but discrimination is not a joke, so as the BBC and other sources give us ‘Wiley: Rapper deleted from Facebook and Instagram after abuse of Jewish critics’ with the quote “The latest comments were shared on Wiley’s personal Facebook profile, and not his official fan page, which has also been taken down. Although they had relatively little engagement – less than 100 likes and comments each – they were visible to the public”, my issue is not the actions, but the speed at which this is happening, at this speed it will take decades to get a real result and that is where we need to take heed. It seems that cutting the head of a journalist gets results a lot faster than calling a person discriminatory names. It seems that the stops get pulled out by a lot when it ‘matters’ to them, and that is the rather large issue we are confronted with. Even as there are plenty of celebrities and a lot of others setting the stage to fight it, and as the Guardian (at https://www.theguardian.com/politics/2020/jul/25/antisemitism-labour-warns-of-cash-crisis-as-cases-grow) gives us “Labour will this week be formally notified of a batch of potentially costly new legal actions over antisemitism – days after a warning was issued to the shadow cabinet about the devastating toll the crisis is taking on the party’s finances”, we need to recognise that the inactions for years are adding up and this is more than merely a social media problem, the inactions by government as it ignores scores of discrimination issues (on a global scale mind you), and the media has been lagging (not lacking) in this and it is time for a larger global sounding and working initiative against discrimination. In the USA things are going from bad to worse, especially in the economic light of COVID-19, we see sources giving us all kinds of titles, titles like ‘A new study found fine-dining restaurants in Seattle told white applicants to start immediately, while telling Black jobseekers they’re ‘not hiring’’ are not the exception, they are apparently the norm in the US and they are not alone, whilst we see screams and demands for equality, the opposite is happening, and it is happening right now. Now, I have always been about realism, and the reality of the situation and the economy is that discrimination is too much of a problem, not merely in the long run, in the short run we see the direct station of hurting well over 31% of the global population, and yes that is not the issue for governments, but in their own backyard it is an issue, in the US alone the issue of discrimination is well over 35%, that implies that one in three will face discrimination and that is on race alone, when we add gender and religion, the picture becomes a lot less charming. In this the UK and Australia are not far behind. Many countries in the EU face similar issues. And as some are ignoring the dangers ahead, in this economy we need to create an air of inclusion, we need to move from inclusion to phases of opportunity. These happen not overnight, but they need to happen a lot faster than whatever solution social media comes with. You see, at the core of inequality is the inability to live like a person, to live like a human being and as that is taken care of, we can create time and create other means to stop discrimination. Anyone who gives you a 5 step plan is plainly a loon, this cannot be done overnight, it cannot be done in 5 steps, and at the core is clear education on just how wrong discrimination is. There is a quote, a quote I locked inside of me in the 80’s, “Change is valuable, it lets the oppressed be tyrants” I believe that this phrase is more important than you might imagine. I did not know it at the time, but the phrase is from Jenny Holzer’s ‘Truisms’, consider the option that the oppressed become the tyrants, where would you be? We need change, but one that does not include oppressed and tyrants, it requires equality and we are running out of time, if you doubt that, consider what happens in the US, when we first get to see that the USA has to admit that they are no longer a superpower, then we get consumerism collapse and in this we get to see that those so called captains of industry are left with lagging incomes more and more, what do you think happens next? And make no mistake, this is not about the USA, the Commonwealth (with minimum impact in Canada) and the EU face the same predicament, the only bad thing happening in the near future if they all get hit at the same time, a scary prospect, no? In all this we need change, we need it fast and we need it by making any setting of discrimination ‘actionable perse’, we have little other options at present. It was never that clear before but the entire Covid-19 issue brought it to the surface more and more, and if the US want to do more than merely become a police state, they actually have no options left, they might be the first, but they are not the only ones, the UK and the EU are ripe and ready for a lot more. The problem is not can we fix it (it should be) the problem in the immediate future is to lower the inequality curve, from the range it is now, towards a 25%-30% lowering curve within a year, with an additional 30%-35% lowering in the year after. These are seemingly achievable numbers, but it will not be easy, anyone claiming that it will be is at the very least insane and optionally delusional as well. We can look at a whole range of options, but in the end government after government will have to decide what is the best way for their nation. I do understand that each nation has its own priorities and its own way of dealing with matters, that was never in question, but they need to realise fast that they no longer have leeway in doing it later, that option past about a decade ago.  

 

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The day after the day before

I just noticed a story on Reuters, which came a day after I gave the lowdown on the GDPR. In their story ‘Companies need immediate rethink on U.S. data transfers, says watchdog’ I see “Companies seeking to transfer data to the United States must revert to new arrangements with immediate effect after the Privacy Shield transatlantic pact was declared invalid last week, a European Union watchdog said on Friday”, OK, we know that, but Reuters gives a little more, with “The European Data Protection Board (EDPB) said that companies that transfer data to the United States via standard contractual clauses would have to self-assess whether these have suitable safeguards and inform their national privacy enforcer” we see a part I had forgotten about (Yes, I forget things too), when we consider ‘via standard contractual clauses would have to self-assess’, I am confronted with a thought I had in 1998 in another station. You see there is an issue with ‘self-assess’ and ‘backups’. The self assess part is to ignore that small little data cruncher, whilst the global standardisation of back-up systems give a larger implied stage that for US Intelligence, it remains business as usual, with the optional larger workflow. Did anyone consider that?

So when we see “The EDPB, together with the European Commission, is now looking into ways to beef up standard contractual clauses and binding corporate rules that could be legal, technical or organisational”, I wonder how many delays back up solutions are given before that train ends, I reckon that it will take a while. And the situation is not new, ITProPortal gave us in 2018 “The legislation gives customers the right to be removed from the records of companies even if they have previously agreed to the collection and storage of their data. It’s called the ‘right to be forgotten’ and could be a potential stumbling block as organisations keep backup copies of their data. A request to have personal data removed, technically means that it should be removed from all copies including the cloud, or tape kept off-site in deep storage. Having to do this each time a request comes in, however, has been deemed excessive by those overseeing GDPR due to the logistical challenges it would throw up” and even if you think that it is something else, think again! We see this in “technically means that it should be removed from all copies including the cloud, or tape kept off-site in deep storage. Having to do this each time a request comes in, however, has been deemed excessive by those overseeing GDPR due to the logistical challenges it would throw up” and consider that there is a situation, we see this in “According to France’s GDPR supervisory authority, CNIL, organisations don’t have to delete backups when complying with the right to erasure. … You should also document policies and procedures for keeping backup data secure. This will include instructions on encrypting backups and where you will keep backup devices”, yes this is still about the right to be forgotten, but there is an absence on tertiary locations for backups and cloud backups, they can still be in the US, as such, the Intelligence conclave (the alphabet group) are still in a stage of business as usual. One source is giving me in 2019 “Rather than backing up everything in bulk as whole systems, organisations may find it easiest to separate systems backups and personal data backups so that systems backups can be kept for much longer retention periods than might be allowed/justifiable for the personal data”, yet the station of ‘organisations may find it easiest’ as well as ‘so that systems backups can be kept for much longer retention periods than might be justifiable for the personal data’, which in itself is not really an answer and I was surprised to the amount of ambiguity towards operational and logistical needs, whilst keeping the limelight away from backups, as such I believe that there is a lot more going on and no real matters regarding privacy will be solved any day soon. In this Curtis Preston, chief technical architect at Druva raised in 2019 “GDPR is not going to be able to force companies to ‘forget’ people in their backups – especially personal data found inside an RDBMS or spreadsheet.” (at https://www.theregister.com/2018/05/31/backup_gdpr_analysis/), and it seems that everyone links it to ‘the right to be forgotten’, so what happens to the off site backups of global databases? Are they still in the US? And why is there such a darkness around the states of backups? I find the comment ‘due to the logistical challenges’ a bit of a joke, they had years to get ready. Even closer to home, last January we see “Although Apple uses end-to-end encryption for both iMessage and FaceTime, it doesn’t do the same for iCloud backups. They are encrypted, but Apple holds the key, meaning that the company has access to a copy of almost everything on your phone – and that includes stored messages. I’d long expected Apple to fix this, but a report today claims that the company has decided not to…” so what else has not been done, and where are all these iCloud backups? If they are on an Apple Server, there is every chance others have access (speculation from my side). Which is actually not the weirdest thought, when we go back to 2018 and consider “authorities also discovered a series of hacking tools and files that allowed the 16-year-old boy to break into Apple’s mainframe repeatedly”, so if a 16 year old has access to the Apple mainframe, do you really believe that US Intelligence cannot enter it? 

So when we consider where our backups are, also consider how up to date your personal records are at 57 Duker Rd, Farmville, VA 23901, United States. To be ‘speculatively more precise’, how about IBM-VA23901-1-3.213.5? I wonder how many other places your data can be found, all for the simple reason of national security, all whilst we see the media take a hard look on all the cyber tools that some agencies have no one seems to be looking at all the access that they have to backups. The fact that several locations are giving us versions of ambiguity, none of them look deeper into the matter, I reckon that the Stakeholders wouldn’t allow it, but that is me grasping at straws.

There is a larger station now that the agreement has fallen apart for the EU, on the other hand, there will be a pool of new talent be required all over Europe, and in the light of the Corona events, I wonder how many are still alive. So, what will we see tomorrow in this regard?

 

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