Category Archives: Law

July 28, 2017 · 14:38

Rulers of London

The times are changing, that has always been known, yet the events made me remember some political satire Newspaper comic. In it you see two Arabs, one stated “Did you get anything nice today”, and the other Arab stated smiling “I bought Bond Street, Regent Street and Piccadilly“. The image was clear, the Arabs had loads of cash and they were spending. That image remained for the longest of times and as oil went to $147 per barrel in 2008, the cash was good, because the US needed millions of barrels per day. Yet now the sands have shifted, the stage is set to what I personally call a very nice building has been sold to the Chinese. The controversial Walkie Talkie Tower has been acquired for £1.3 billion. It was purchased by the Lee Kum Kee condiment company, makers of Oyster sauce. (at https://www.theguardian.com/business/2017/jul/27/walkie-talkie-tower-stark-reminder-of-forces-that-rule-the-city) we can read all about it and about the infamous architect who brought Star Wars to London as the building had the ability to send a sun based death ray to the streets, and as quoted “succeeded in melting the bumper of a Jaguar, blistering painted shop fronts and singeing carpets“. Yes, the building became a little too futuristic. In opposition to Feargus O’Sullivan, I do not consider it to be the ‘the ugliest British structure‘, it is actually ‘very Apple‘. I would love to see the new Apple G6 Tower to look like that (preferably as a RISC system of course). Yet in his article (on https://www.citylab.com/design/2015/09/londons-worst-building/403684/), I see that there is no reason not to admire the Victorian buildings in the foreground. Weirdly enough, the photo he added to the article (by Frank Augstein), shows that there is place for the old and the new. It shows clearly that as residential shortages grow that there will be a transfer to different styles of buildings. I would never want to see the Victorian buildings leave the face of London, in opposite directions, we can look at the Battersea Power Station and see how this evolves, yet there is a side not reckoned with, for several reasons there needs to be the evolution and growth of social housing. I like the blend as an offering for developers, yet as the Malaysian consortium pulled a fast one to maximise profits and diminish the amount of social apartments, changes will need to be made.

We can wonder whether the current approach is the best one, or should we examine the options? There is another option that works for developers and the London city council. A company called Nearmap (at https://go.nearmap.com/desktop-assessment-empowers-appraisers), has a ‘Desktop Property Assessment that Empowers Appraisers‘, yet as I looked at the paper and some of the presentations, I figured out that it had other abilities too. In metropolitan areas, when you change the scope and add a dimension, you can do something entirely unexpected. The idea came with the quote by Mal Harrison, project manager at Zinfra. The quote was “Nearmap’s accurate photo imagery is extremely helpful when risk workshopping remote from site as well as reducing site visits required to plan the works“, this is a well stated compliment to the makers of Nearmap. I figured they missed something else, another larger player as a potential client. Not to their disadvantage mind you, but they missed a range of tycoons that could have been looking at as well (for the price of a 7 figure number per seat). You see, consider the current planning settings in London, now consider the Nearmap solution, not just with the London area mapped, with in addition, the roads, infrastructure and ‘plumbing’. Now consider that a developer would want to set up a new high-rise, the options are Poplar, Beckton and Rotherhithe. Now consider the elements, Nearmap could have the ability to ascertain risks that usually are done in person, with proper parameters set the data might reveal options not considered before. You see, most people will shy away from Beckton because it is by the airport, yet new buildings have the options of superior sound cancellations. In addition, when considering that housing prices fluctuate between £2200 and £11500 per meter, the risk factor becomes a more intense issue. Yes, we know that everyone wants to be a developer in Chelsea or Kensington, yet when the option is offered (as an example) as the building in either Beckton of Rotherhithe would get a profit close to £2100 per square meter, yet Poplar offers £2700 per square meter profit, yet when looking at the elements, the risk factor for Poplar might be up by 17%, in the long term, how will development costs and delays impact the choice? When the profit margins change, so does the risk to some extent, an expert can make all the calculations, yet with additional solutions, the risk could be anticipated in advance by a much better degree. That premise holds equal ground for councils, when they can see the evolution of risk, they can in equal measure take steps to lower the risk and become more appealing for the developers to approach them.

Good business is where you find it.

That becomes more and more of a slogan for London. It is no longer just, because it is London, it will become increasingly where the margins are. Even as we see that the Battersea location had hit snags and there was suddenly the twisting arms of local councils to concede in retrenching of 25% of the social housing offer, or else… Councils will soon no longer have that option to merely give in, there will be long term repercussions and they will count sooner rather than later. The rich don’t care and the councils can ill afford the consequences they would be confronted with. There is the chance that certain places like Los Angeles, Tokyo and Kolkata would get the effect of ghost towns and London is not that far away from that. It is so nice that a place like Kolkota has luxurious places like Rajahat new town, South Kolkota and Alipore, yet when the sun goes down, we will see that the infrastructure not merely flows away, it is reduced to zero. That seems peaceful, yet it is in actuality very dangerous. As the travel times increases, these people will more and more eagerly take any job that is closer to home and takes away elements in the cost of living (fuel and travel time). As the infrastructure remains absent, the value of these places will drop like a stone. In addition there would be an increasing chance of crime rise as the area remains empty at night. As people are pushed more and more away as we see in London, there is an increasing risk that not only the businesses go away, as these places are more and more settled with high end owners who are there less than 30% of the time, those remaining will find it harder to get the things they really like to have at a moment’s notice.

How real is that risk?

Well, at present it is really an unrealistic stretch to call London an upcoming Ghost town (read: Ghost Council), yet some areas are already too empty like Kensington, where an astounding amount of places are unused. They will not turn London into a ghost town, yet as the drop continues, having a house there seems fine, yet when you become dependent on businesses from Hammersmith and Shepherd’s Bush, taking a walk to get a few things becomes a much less rewarding event (at £10880 per square meter). Plenty of people do not feel that way, which is fair enough, but the changes will also change the vibe of a city, which has dangerous consequences in the long term, that is an issue for ANY city. That is also a real main reason to not decrease but to increase the social housing percentage in places like that. Those are the people who bring in the need for Pizza, for groceries on the corner, which brings in the restaurant getting the good stuff from shops like that. Growing the micro economies of life goods is what brings life and traffic to places like that, soon thereafter not the outrageous mega night clubs, the a few smaller bars, the places London was always famous for will re-erect themselves and soon a large complex becomes the magnet for a growing infrastructure. As long term empty houses (read: unsold places) have risen by 25% and in Newham (by London City Airport) has fallen 55%, we see another diminished risk of choosing Beckton. All this would be possible to set when we see this implemented as factors in mapping solutions like Nearmap.

It is a given that houses in transit with short terms become increasingly important to developers, and as such they will need to ascertain risk in different ways. there is a consideration that the Battersea Power House will be the last of the truly large development projects in London for some time to come, so the need to diversify and select something unexpected. Some state that Aldwych Station could become the premise for underground cycling, which also implies that as an underground place for student studios, it could be a place to revitalise the area. The idea of a path clear to Holborn, with apartments, studios and 1 bedroom places on 1.5 floors, could give rise to a lot more than merely revitalise the area. The fact that it is next to King’s College and halls of Justice as well as Inns of Court is almost weird that no one had moved into that area sooner.

Yet we digress, it started with the good businesses in London and the impact that foreign investors have on the place. As we see the increasing number of Asians who struck it rich move into London we also see a changing dynamic of London itself. A first connection here takes us back to 1999 (at http://discovery.ucl.ac.uk/1369585/1/LDPREPSUM%2026.11.99.pdf), when Sir Peter Hall and Michael Edwards of Bartlett School, University College London gave us the works with a slightly altered view of London’s spatial economy. In this the introduction gives us “The issues have been discussed in a practical way to help explore how far the proposals could be taken forward by the new London Government as real contributions to improving the working of the London economy, helping to provide more and better jobs, and to making transport more efficient“, which had traction and a level of importance in those years as the wild growth of London as Financial services brought billions to London, an issue partially ignored after the meltdowns of 2004 and 2008, both affecting the UK (read: London) economy, the plans have not (as far as I am aware) been picked up to the degree it should have. In addition, as the development game changed with foreign investors as we see it, the plan is not completely up to scrap to the degree the councils would need them to be. An element discussed in the ‘old’ paper is “PPG6 policies should restrict further Out of Town Centre growth in and around London. Within the framework of these policies there is scope – and an urgent need – to innovate ways which will give centres and local shops a new lease of life and reduce Londoners’ needs to travel“, yet (at https://www.london.gov.uk/sites/default/files/the_london_plan_2016_jan_2017_fix.pdf), which seems counterproductive to the need of London city, they are no longer actually valid, and more of a guideline, yet (at https://www.sepa.org.uk/media/60125/ppg-6-working-at-construction-and-demolition-sites.pdf), you will wonder on how it relates. We see with not merely the changing dynamics, but with the need to know the risks which starts at step 1 of their ‘presentation‘, with “Identify surface waters and groundwater on, under or adjacent to your site. This also includes any small (dry) ditches capable of transporting water” and “Find out if the groundwater is in a protected zone as you may need to take extra steps to prevent pollution“. Now, the consultants would know things like that, yet when were they last mapped? And this is merely one city, a solution like Nearmap has the ability to list the level of risks on several levels. the document from Sir Peter Hall (and others) gives us “The main questions here concern the spatial fields Market, where Life have dropped a major proposal after transferring from open outcry to electronic trading, and the very large Bishops gate Goods Yard site which is currently the subject of an architectural competition organised by the Architecture Foundation. The latter in particular suffers from poor accessibility, located half a mile north of Liverpool Street station although close to the present Shoreditch terminus of the East London Line“, yet it is merely one of close to 30 elements that could have been mapped and weighted as a risk in one mapping solution. In all this, the time that developers need to ascertain their possible margins of profit could be negated in one clear updated solution that moves the discussion from ‘possible margin‘ elements to ‘optional margin‘ available. That is quite the change of venue and with the capitalist Chinese population growing, attracting them To London to see if the social housing could be resolved to a better degree requires developers and councils to have a much better grasp of the risks. The nice part is that the Chinese have always been in favour of good business, as that also reflects the better margins of personal (read: family) gain. Even now as we see people write excellent materials on a Dynamic London, based on open data, we see in addition that most are not looking at the margins of risk and the additional risk of margins as they are impacted by this so called dynamic London, in this is see that there are additional paths of data requirement, not merely in mapping, but in the need for a predictive risk path, because it is not merely what is known today that matters, it is the need for considering the risk over the next 10 years that gives rise to the profitability of other new projects, or even more optionally rewarding are the options for the discarded and abandoned places that are in locations where new options will not come, on what the options are for those places.

Now we might be happy that there are foreign investors in the UK, yet the part we seem to ignore is that the Saudi investments alone was set to be worth £60 billion in 2016. That is just the Saudi side and that is not including the Qatari’s with massive contributions in Mayfair and other places. Now we see a growing Asian population investing and in all this the London Councils might have to consider that when £100 billion is invested, these people expect to get well above £150 out of that, that is how investments work so as such to keep the money flowing the councils would needed to consider some time ago where growth is optional and how to offer it, not merely in spoken work, but in the facilitation of solutions. Because no matter how sexy London seems to them (for now), the moment that Paris offers a much better deal, these people will take their billions 283 miles in a SSE (read: South South East) direction.

In this, no matter who the non elected ‘rulers’ of London are, if the profit moves, so do they and they will do it in a heartbeat!

Leave a comment

Filed under Finance, IT, Law, Media, Politics, Science

Tagged as Aldwych Station, Alipor, Alipore, Asian investors, Bartlett School, Beckton, Bond Street, Chelsea, Feargus O'Sullivan, Frank Augstein, investors, Kensington, King's College, Kolkota, Lee Kum Kee condiment company, London, London council, Mal Harrison, Michael Edwards, Nearmap, Newham, Piccadilly, Poplar, PPG6 policies, Rajahat, Real estate, Regent Street, Rotherhithe, Saudi investors, Sir Peter Hall, South Kolkota, the Architecture Foundation, UK, University College London, Walkie Talkie building, Zinfra

July 27, 2017 · 15:30

Mere consideration

An article was given today in the Guardian. We can argue in many ways, there is no ‘Yay’ or ‘Nea’, there is no setting that gives rise to anything wrongfully reported (at https://www.theguardian.com/world/2017/jul/27/cassie-sainsbury-to-serve-six-years-in-colombian-jail-after-judge-accepts-plea-deal). The question that formed in my mind was all about the previous part, all about the part ignored. The Daily Telegraph (at http://www.dailytelegraph.com.au/news/nsw/cassie-sainsbury-worked-as-a-prostitute-former-colleague-says-shes-a-compulsive-liar/news-story/e3897bc910b3c4d5d7f97d6b8eb406bc) states “the 22-year-old was a former sex worker who spent months working in a Western Sydney brothel in the lead up to her ill-fated Colombian trip“, another source gives us that she worked for Club 220. It does not make an impact, what does give us the goods is that this 22 year old went to Columbia of all places. I have nothing against Columbia, I worked with the Colombian presidential guards in 1982, all dedicated to their nation, a little fanatic, but all believing in what they did. Yet as a tourist, Colombia would never be on my list. Rio might (not too likely), yet Buenos Aires definitely would be on my list. Still from Australia that is not the most affordable trip. The cheapest was $2400 return whilst Buenos Aires is offered at $1750, all this whilst Jakarta is merely $270 away. Now, she might not like Indonesia, that’s fair. Yet in all this, Colombia is not the actual most desired place to go to. Some, especially those with connections would feel different and that is fair too. In all this there has been very little reporting on the reasoning of the 22 year old and her choice of travel. So as the Sydney Morning Herald reports “The plea bargain was then explained: if the deal was accepted by the prosecutor, the defence and the judge, Ms Sainsbury would be sentenced to 6 years of prison instead of the potential 30 year sentence if she was found guilty” sounds nice, yet in all this, the deciding players behind this, the elements do not add up. How long until we get scores flying to Bogota, because the coffee is just so much fresher in the place where the beans are plucked. We need not wonder on the validity of choice, merely accept the freedom to choose. It is a point of view we can agree with to some extent, yet questions still rise.

Even as we seem to focus on: “the judge asked Ms Sainsbury if she had been coerced into taking the plea deal“, I wonder how a plea deal is coerced, is a plea deal not the best option she could have hoped for? Was the option to stay in prison for 6 years, or be forced into 30 years? It would be the other way round and as such, how much arm twisting would be required? When we see “Ms Sainsbury was caught at Bogota’s international airport in April, trying to smuggle 5.8 kilograms of cocaine inside 18 separate packages of headphones“, so how was this any good idea? To become an exporter of headphones, whilst JB-Hifi sells quality Sony headsets for $34 (and JBL for $50)? How was any of this a good idea? We know that according to urban folk tales that criminals tend to be not too intelligent, but this dim? Nope, I am not buying it! In addition adding 330 grams to a headset package; something like that gets noticed and real fast too!

In all this, the Daily Telegraph now becomes in addition a worry for Cassie Sainsbury in other ways too. We see this in the two quotes “a former colleague of Sainsbury, who told Nine News she worked with her at brothel Club 220 near Penrith, has accused her of being a compulsive liar who once pretended her mother had died from MS” and “The former colleague said she had donated money to Sainsbury to cover her mother’s funeral costs and was horrified to see images of her mother alive and well on television“. Another claim given is “According to the colleague, Sainsbury went under the name of “Claudia” and listed herself online as “19 years old … classy, fun and ready to please”“, which get us to the situation that if the reliability of the accused is found to be non-existing, there is the chance that the judge throws out the option of plea bargain as the defence of the accused was “she was “threatened” into becoming a mule by an international drugs syndicate“, if there was no threat, she becomes the instigator of smuggling for large profits and that sets her on that 30 year train ride to nowhere.

I found the quote “Sainsbury’s fiancé Scott Broadbridge maintained his partner was innocent during an interview with Seven’s Sunday Night program. He said she was employed by a mystery couple who paid her $1800 a week to travel the world to work for their cleaning business“, it is interesting as it is a better income than most people at ASIS get, and they get into a lot more hot water, being in better shape and having a near Olympian constitution and well above decent looks too, which applies to both the boys and the girls working there. All elements Cassie lacked (as well as other shortcomings in education and degrees), so which cleaning business is hiring people at almost $10K a month?

There is a level of befuddlement within me as parts of all these given items are accepted by media, the courts and apparently the gullible audience. In all this, the Sydney Morning Herald gives one additional Gem that the AAP seems to have missed. When we consider “Given that any amount over 5 kilos is considered “aggravated circumstances” and draws a higher penalty, Ms Sainsbury could be facing 30 years in Colombian prison“, so no matter who was involved, the issue of this element which could have been diminished by trying to smuggle 4.9 Kg instead of the 5.8Kg is showing to be an element, especially as the 18 headsets were already a joke, the difference of 50 grams per headset would still have been noticed, but overall, on the two elements (apart from the mindlessness of trying to personally export 18 headsets whilst you are competing against players you have no chance against), we see that there is an element of stupid greed coming in. When drug tourism relied on the elements of stupid and gullible (added with two tits and a vagina to make the package even more appealing), whomever was linked in all this, going for the lower threshold of staying below 5000 grams might have had another (read: better) impact.

This is not merely the limitations of a system, this is a different circus. The Australian Daily Telegraph is also giving us “Bogota hotel manager describes man whom accused drug mule says tricked her into smuggling cocaine“, in addition; the quotes given give additional light on the less factually given job with $1800 a week. The quote “Ms Hernandez saying she stood out at her hotel because she arrived without a reservation and paid for her accommodation only two days at a time“, would a ‘business‘ trip not be prearranged? How would the ‘cleaning business‘ continue without a clear itinerary as well as clear invoices? In addition to that, the quote which is seen in news.com.au “Earlier it was revealed the US Drug Enforcement Agency reportedly alerted Colombian authorities to their suspicions about Ms Sainsbury. “We found her because of an alert from the DEA [Drug Enforcement Agency],” Bogota airport’s narcotics chief, Commander Rodrigo Soler, told News Corp Australia” the entire mess gets another image entirely. If the given is true, not only is the entire mess as I personally speculate it to be a farce, there is every consideration that she was a 5.8Kg decoy for other parties to get out without a hitch. Consider the facts. She got into the hotel on April 3^rd, left April 12^th and got arrested on the airport. So in 9 days, she got approached, likely after a few days the ‘coercion‘ was made so in less than 7 days, a infiltrated drug ring got data to the DEA, the name and details forwarded to other parties so she could be arrested. So someone gave up $20,650 in goods (Colombian value of Cocaine), which in Australia would be $1.74 million. Is that what really happened, or was the actual catch to send two additional models (or a couple) each with 2,450 grams of cocaine (total value $1.45 million), whilst the total venture costed $35.5K and three plane tickets. It could just be me, yet when we hear screaming of a high profile drug dealer being caught on boarding the flight those getting of the plane in Sydney might have a lot more smooth sailing.

In the end, there is a chance that she was merely the patsy in this endeavour, whether it was a willing one or a coerced one is hard to tell, however the evidence is not in her favour at present. In light of all this, when we go back to Chapelle Corby who had a bag and a boogie board and decided to add more than the weight of a boogie board in Marijuana in a place that hates drugs with a passion, now we see equally less intelligent acts by a person nicknamed in the papers as ‘Ccocaine Cassie‘, yes, if all hedge funds managers were only that stupid the economy would have been in a much better place.

In my view, we cannot oppose the fact that the bulk of papers are merely reporting on what the AAP is giving them (read: reporting should be copy and paste), yet the ‘articles’ left me with merely common sense issues on nearly every level. In all this I wonder if the court and prosecutor had done their due diligence in addition to all this. Should we have expected more from the Australian Associated Press? They report themselves to be the “AAP is the media company that businesses turn to for news, information and publishing solutions. With breaking news firmly at our core, our vast range of products and services help clients connect with and engage their audiences. AAP is your integrated, simple solution“, yet the AAP made no mention of the 5Kg threshold and what is the verdict on both sides of that isle. In addition, something that was not on the list is the question on how many trips Cassie had been on since she turned 18? I would love to know how she got to decide on Bogota without knowing where else she had been, as that stands to the character of the accused. In addition, considering that the weight of a headset is around 200 grams, replacing that with in excess of 150% weight in cocaine seems even less intelligent. When we get an overdose of details on the lingerie of Kim Kardashian and a lack of facts and evidence in a reported drug hearing, the lack of questions asked all over the place is a little too deafening to my liking.

In all that, the valid words of immigration minister, Peter Dutton as we hear “People need to abide by the laws of that country. If not, they will face serious consequences,” might be well, but it falls on the ears of those stating ‘who the fuck cares?‘

This directly relates to the lack of visibility we see given to the defence lawyer of Cassie, in this as I see it, only the International Business Times gave any level of visibility to Orlando Herran. Here we see what was given to 60 minutes. With “someone on Craigslist offering a loan and a trip to London, she jumped at the opportunity. However, the itinerary was allegedly changed to Hong Kong, Los Angeles and Bogota“, how was that missed and changed to merely ‘a global cleaning service‘? Does this impede the reliability of the statements of the accused even further? That would be for the court to decide, but overall there has been a level of skipping that is just way too weird. In this the evidence also not reported on was who paid for the flight? Was it in cash (where was it paid) or credit card? All evidence not shown to the audience by the media either.

In the mere consideration here I see a failing on several sides and in all this there would be the required additional forensic digital investigation regarding the Craigslist as well, as it could be useful evidence. This entire event has too many holes and several unlooked places, especially when you consider that the DEA had its own role to play in all this.

Leave a comment

Filed under Law, Media, Military, Politics

Tagged as 60 minutes, AAP, ASIS, Australian Associated Press, Bogota, Bogota international airport, Buenos Aires, Cassie Sainsbury, Chapelle Corby, Club 220, Cocaine, Cocaine Cassie, Commander Rodrigo Soler, Craigslist, DEA, Hong Kong, International Business Times, Jakarta, Kim Kardashian, Los Angeles, Narcotics, News Corp Australia, Nine News, Orlando Herran, Scott Broadbridge, Seven’s Sunday Night program, Sydney Morning Herald, The Daily Telegraph, the Guardian, US Drug Enforcement Agency

July 25, 2017 · 14:11

A shaky Farce Majeure

I got confronted with two news items today, the weirdest part is that the source is the Daily Mail (at http://www.dailymail.co.uk/news/article-4717082/Chaos-British-holidaymakers-killer-earthquake.html), which is upsetting to some degree. The news started with the earthquake on Kos last week, a shaking that extended all the way to Crete. Now, as the building laws are on Crete, the news of the earthquake was not one that shook me, the people there know it, yet the strength was stronger than usually dealt with. OK, so far no biggie as news goes. Yet, the initially not highly regarded headline became ‘Thomson REFUSES to refund terrified holidaymaker and his family as they try to cancel their trip to Kos amid earthquake chaos‘, which woke me up. This is not the first time that travel agencies are frowned upon, so I decided to take another look. Justin Curtis who wrote this is pounding on a few items that are actually bigger news than most realise.

Now apart from the news you are about to see, there is a few matters that we need to consider, and I will get to them shortly. First we see “Brits due to go to region say they are being told they cannot have a refund“, I’ll tell you another one, they are still offering these trips online, so I could fly out Saturday at £3275 for a fortnight, by the way a comparable trip with a 5 star hotel booked in the Netherlands is €1048 (£937), which is a totally absurd difference (it included the flight, so ordering the trip in the Netherlands, or book it online and take an additional Euro trip train could save you £2300 (minus the two train tickets), so in light of the prices Thomson is pretty ridiculous. In addition, Thomson proclaims to be an ABTA member (shown on their website), With ABTA we see “Clients’ Options on Cancellation 3B) If they are Principals who cancel previously confirmed Travel Arrangements, inform Agents and direct Clients without delay and offer Clients the choice of: i) alternative Travel Arrangements if available; or ii) a full refund of all monies paid. Such refunds shall be sent to Agents and direct Clients without delay. ”

Now, this is only one part, in addition we see:

“3D) Not make a significant alteration to Travel Arrangements less than 14 days before the departure date of the Travel Arrangements unless it is necessary to do so as a result of Force Majeure.”

I think that we can agree that an Earthquake is as Force Majeure as it gets.

There are rules of compensation for part, in case it was not a Force Majeure. So in light of what I see, Thomson might be in a lot more trouble than they think they are.

It was merely a first part, the fact that Thomson kept the lines open for flights this coming Saturday indicates just how insensitive they are to their clients. If the Daily Mail is to be believed, we should also consider their website. When we see: “We’re part of TUI Group – one of the world’s leading travel companies. And all of our holidays are designed to help you Discover Your Smile.” You have to wonder how they will address the issues as given with “Some laid down on the grass after they were denied entry to the airport, with staff limiting the number of people allowed inside due to its small size“, which for safety reasons makes perfect sense, in addition we see “I said I wanted my money back but they told me no and that it was safe. But Kos is not going to be rebuilt in a week and I asked if they could guarantee me the buildings there and my hotel were structurally sound and they couldn’t“, from a torts point of view, Thomson now might have an expensive legal issue evolving at their front door, one that they cannot defer under ABTA, This case could get us to Donoghue v Stevenson. Ms Donoghue claimed compensation for illness, after she consumed a ginger beer containing a decomposed snail, in a public house in Paisley, Scotland. This is the first case of Torts, as Thomson is now quoted to have stated that Kos is Safe, if any mishap comes from the trip, the family could sue as there is news and evidence on the dangers. Kathmiri, the Greek news source gives that dozens of buildings are at present unsafe with dozens more not yet investigated, so Thomson was THIS negligent? The question becomes why Thomson has become this negligent whilst the ABTA code of conduct is pretty clear in section 3 on those who have booked, yet not yet travelled. They could have faced praise and clientele as they bended over backwards by offering and working towards alternative solutions for scores of travellers, now they could get into a lot of hot water. The diverted Ferry service is only a small issue, the reason why it was diverted is the real danger as some quays are actually ripped from the road, making for unsafe conditions. This issue goes beyond the Tsunami that came, yet in all this the complications from electricity, sewage and heat will go up and could potentially create additional hazards for some time, we cannot state how long or how realistic these dangers would be, but they will be there. If essential parts are fixed within a month it would be a small miracle, a given that no one should bank on. For Kos, this could not have happened at a worst time, the summer is the height of their annual tourism income flow. July-September is essential to the people on Kos and Crete; as such Kos might get a big blow in a time when the Greek economy could afford it the least. So back to Torts, we have basically shown a Duty of Care and now we get to Breach of Duty, so as we get to the ‘reasonable man‘ test, would a reasonable man send another person into an earthquake stricken place for a family holiday (or any holiday?), if we consider a reasonable safe environment (especially) for children, Thomson could be seen as the reckless endangering element to the health of these children on that vacation. As such, they might state, the people could have decided not to go. In this a step towards criminal law is that the vacation is a product (or service), so as we see product liability we get “Anyone who is harmed by an unsafe product could sue. They can begin their court case up to three years from the date of the injury. In some cases, they can even sue up to ten years after the product was sold“, it is a thin line, yet with these bulk vacations, the minimum amount of people for a class action should be easily reached, especially when there are torts exploiters (they do exist). Consider that the vacation is a product that is offered, in such we could go towards the ‘Guide to the Consumer Protection Act 1987‘, where we see “In the past those injured had to prove a manufacturer negligent before they could successfully sue for damages. The Consumer Protection Act 1987 removes the need to prove negligence. A customer can already sue a supplier, without proof of negligence, under the sale of goods law. The Act provides the same rights to anyone injured by a defective product, whether or not the product was sold to them“, in addition, there is “Liability under the Act extends to components and raw materials. If a finished product contains a defect in a particular component, both the manufacturer of the finished product and the component manufacturer may be liable“, which is interesting, so any item on the package sold to the tourist might be up for instigating the damage compensation track, so not merely the hotel, any excursion sold to the tourist could start liability at this stage. So how defective is this product?

Well the act gives us “A defective product is defined as one where the safety of the product is not such as persons generally are entitled to expect” and according to the Daily Mail, the people at Thomson proclaimed that Kos was safe, so in light of damaged quays, collapsed buildings with rubble all over the street, when the light goes a little low, spraining an ankle would be the easiest part in the entire equation and the elements to sue have been met, after which the liability track could commence. All because Thomson stated according to the Daily Mail source: “Gary Taylor, left, is due to fly to Kos with wife Katy and daughter Summer, pictured, next week but said he wanted to cancel due to safety fears, only to be told by Thomson he ‘could not have the £2,800 cost refunded due to terms and conditions’ of the deal“, yet this is opposed by ABTA code of conduct section 3b and 3d. And ABTA went one step further by giving within the definition of a Force Majeure as “circumstances where performance and/or prompt performance of the contract is prevented by reasons of unusual and unforeseeable circumstances beyond the control of the Principal, the consequences of which could not have been avoided even if all due care had been exercised“. Such circumstances include a natural disaster, so when were earthquakes and Tsunamis not natural disasters? If the Daily Mail is correct, this Force Majeure is making Thomson look like a Farce Majeure, the one place where booking a holiday might not be the best idea, not just for the prices stated.

Yet in the sidelines we also read “Thomson is offering alternative holidays for those due to travel to Kos or Bodrum should they no longer wish to“, which is one offer that ABTA clearly allows for, yet when we see at the Code of Conduct at 3B.ii “a full refund of all monies paid. Such refunds shall be sent to Agents and direct Clients without delay“, the issue of asking a few more questions to the top of Thomson seems a warranted issue to pursue.

The final part that rocked me is that there is at present no ombudsman for travels, something I actually never considered not existing, when we see that a trip per person could be in advance of £2500 and there are 8,000 UK travellers stranded on Kos, is it not weird that one event, representing £20m is not properly protected? Not merely for the traveller, to some extent to protect the travel agency as well? Is such a voluntary code legally enforceable? Well, that is actually the issue, I am not certain in the UK law settings, in Australia, the case in the Victorian Supreme Court named National Australia Bank Ltd v Rose [2016] VSCA 169 gives us “The Voluntary Banking Code in question stated that NAB had to give Mr Rose “prominent notice of various matters” before taking a guarantee from him. Chief Justice Marilyn Warren and Justice Stephen McLeish of the Victorian Court of Appeal dismissed NAB’s appeal of the original case: “We would respectfully agree with the trial judge’s conclusion that those clauses of the Banking Code had contractual force as terms of the guarantee at issue.”“, I reckon that the UK might find against Thomson travel agency if it gets sued, there is a decent chance that the judges will see the voluntary code of conduct, which seems to be used at times as a marketing presentation on the travellers rights as a mandatory setting regarding the terms of guarantee, or as a Terms of Service, in equal measure, in light of what I have found so far Thomson made a few blunders, several on the same day as their terms of service are seen. I also reckon that Thomson might be the only one visible now, but this issue could hit any agency that has some mention of ABTA in their sales prospectus or website and not offer a decent alternative or a full refund.

Leave a comment

Filed under Finance, Law, Media

Tagged as ABTA, Chief Justice Marilyn Warren, Code of Conduct, Crete, Daily Mail, Donoghue v Stevenson, Earthquake, Force Majeure, Greece, Justice Stephen McLeish, Kathmiri, Kos, Liability, NAB, National Australia Bank Ltd v Rose [2016] VSCA 169, negligence, The Consumer Protection Act 1987, Thomson, Thomson Travel Agency, Torts, Tsunami, UK Law, Victorian Court of Appeal, voluntary contract law

July 24, 2017 · 13:20

How to pay for it?

Yesterday’s news is not new. We have all heard the options, the opposition and the recrimination. Yet the article (at https://www.theguardian.com/world/2017/jul/23/uk-arms-sales-to-saudis-continued-after-airstrike-on-yemen-funeral) gives out more to ask of those who are on the moral ethical high ground and as such we need to make considerations, from within ourselves and towards others choosing for us.

You see, I am not stating that they are wrong, or that there isn’t an issue. We need to ask ourselves whether we should take blame of responsibility of the actions of other governments. So consider the £283m. When we consider the 2017 spring budget, that one sale takes care of the Education and health bill for spring 2017 and potentially leaves us with enough to pay the Debt interest for that quarter. So, what will these campaigners do when they are opted for one (the deal) or the other which would be no health or education money? I always love campaigners who in a downed economy make demands and have no clue or no solution on how to pay for it all. It is a really lovely group of non-deciders in most of the events.

What would I do?

I would happily go to Riyadh with my new BAE business card and sell them whatever systems they need to keep their nation safe. You see, it is the right of any nation to defend their nation. The application of the weapons purchased is up to them. Guns do not kill people, people kill people, it is basic and as I see it the correct dimensionality of a situation.

So when I read “the UK trade secretary, Liam Fox, delayed signing a set of export licences and his officials prepared for sales to Saudi Arabia to be suspended. However, documents obtained by the Guardian revealed that the foreign secretary, Boris Johnson, advised him that the sales should continue, as he judged there was no clear risk that British weapons would be used for serious breaches of international humanitarian law“, like Boris Johnson, I see no real issue. The fact that he added: ‘serious breaches of international humanitarian law‘ as a condition was politically fair enough and perhaps a definite essential condition. It seems a little cowardly, but at what point would there be a serious consideration there? Even Iran might not fall into that category, leaving us with only North Korea, Al-Qaeda and ISIS as actual risk factors and we do not deal with these three anyway.

When someone states that I am wrong and there is a clear risk with Saudi Arabia transgressing there, my question would be: ‘Show me that evidence‘. After which I get a lot of speculative mumbo jumbo and no evidence at all. In this day and age we need to consider the choices to select which is fair enough, yet to give rise to campaigners on speculative events whilst they are willing to give silence in the case of Javier Martin-Artajo, Julien Grout and Bruno Iksil, willing to shrug the shoulders and walk away without anger or indignation. Such persons are all about feigned morality because there was no blood. So how many people lost their quality of life for a long time whilst JP Morgan Chase & Co lost £4.7 billion? You think that this was merely printed money, people lost all levels of hard worked gains, pensions, savings and other losses were endured. So as we read in that case “the Department of Justice said it “no longer believes that it can rely on the testimony” of Bruno Iksil, the trader dubbed the London Whale, based on recent statements and writings he made that hurt the case” (source: the Guardian), I feel like this was an orchestrated event. First get the accusations out, make a final thrust for your own acquittal and then write a little more making it all unreliable? Consider not what he lost (stated at 80%), but that he got to keep 20% of some $6m a year (paid more than one year), in addition, whatever the DoJ agreed to in 2013, which might be his house and a few other things. So he got to keep an amount that is exceedingly more than whatever I have made or will make for my entire life, a mere 2 years of his. So as we see about extradition issues, we now see that all three walk away.

This relates to the arms deal as the consequences of that part are merely speculative and it pays for a chunk of the government budget, so I will take a job there willingly any day of the week, presenting the technological marvels of the F-35 JSF missile which can be set to the bulk of the Saudi Arabian fighters. I will gladly take the reduced 1% commission and sell 5,000-10,000 missiles, after which I fly to Egypt and sell a few more. If that gets education and health funded in the UK for the entire year, so much the better! I will sleep like a baby knowing that education and health care are safe and set in stone to be funded. My presentations would be the best stellar presentations of them all. So F.U. (sorry for this instance of Post Enhousiastic Sales Drama) to both Raytheon and Northrop Grumman!

As we can imagine at times we need to take heed (read: listen to) campaigners, when the going was good (20 years ago) and we had several options to take a high moral stance, yet at present with a collapsing NHS, with politicians showing less and less backbone against large corporations on taxation issues, the United Kingdom has a responsibility towards its citizens, not just to keep them safe, but to offer some level of any future. Those campaigners seem to think that money grows on trees and have no idea on how to get things funded; in the UK the UK Labour party is perhaps the most striking evidence of all. As Jeremy Corbyn is now in denial on student debt issues, as he was intentionally vague during the election race. Of course apart from not winning (thank god for that), the realisation that he has no options, no methods and no way to get any level of budget done without raising the current debt by at least 50% and initially projected at 80%, the question becomes, how it would have ever been paid for as people like this, and campaigners against certain paths (read: perhaps for the right ideological reasons) have no way to deal with the national issues. Leaving people with much harsher debts, increased taxation and less social security as it can no longer be paid for.

I am not against ideology, I do not believe that dedicated pacifism is a cowardly stance; it is often quite a brave stance. Yet, it is equally often not a realistic one. We can all go to Hacksaw Ridge and be amazed of the events Andrew Garfield’s character went through, showing us some of what the real Desmond Doss went through, and we can admire his stance and his courage. Yet in the end, without the thousands armed forces in the 77^th Infantry division, the battle would have been lost. It does not diminish the actions of this one highly decorated person, I am merely stating that the 77^th held its ground and was victorious in the end, yet we should never forget that it is still regarded as the bloodiest battle in the history of WW2, with 50,000 allied lives lost and well over 100,000 Japanese casualties.

We make choices in war and in peace. I believe that every sovereign nation has its rights for defence, we cannot vouch for the articles of war in offense and that is not our responsibility. It is not for the salesperson of equipment to say and even the campaigner for peace needs to realise that there is a stance to take, even if it is a valid choice to oppose offensive actions, we must realise that any self-governing nation can deal with its enemies in the way they seem fit, when it becomes too unacceptable we need to accept that places like the United Nations will take the appropriate actions.

So how is this different?

It should not be, but it is. Ask yourself how you would act. We can always act holier than thou when we can afford it, yet when we are confronted with being hungry or to some degree making a questionable deal that is not criminal, and it is perfectly legal, but we cannot foresee the consequence. Is it still wrong to do it? Consider that we cannot predict the future and this is not merely a legal ‘more likely than not‘. It is about legally acting correct and morally acting optionally questionable, because that is where the stance is. Should we interfere with the right of Saudi Arabia to defend itself and act, or become judging and act towards denying them that right? This is the view I think that the campaigners are not taking correctly, too hastily and in judgement of ‘some’ moral principle. Now, I am not stating that they cannot do that, it is their right and their expression of free will, but in all this, they must also than accept the setting that they will have to voice: ‘We have decided to stop all NHS healthcare and education for the upcoming Autumn 2017, as we stopped the revenue that would have guaranteed it‘, that must then be in equal measure their acceptance in this. I wonder how the doctors, nurses and teachers feel at that point.

In this we now see another part grow. Even as we agree to some extent with the quote of “The terrible funeral bombing should have been a time for reflection and for the UK to reconsider its uncritical political and military support for Saudi Arabia“, we accept that ideologically Andrew Smith, spokesman for Campaign Against Arms Trade has a right and perhaps even a valid point, yet does he?

When we see “‘Incorrect information’ meant hall in Sana’a was mistaken for military target, leading to 140 deaths, says US-backed mission” (source: the Guardian) we need to know a lot more, the actual Intel, the raw data and the decision tree. When we also see “The air operation centre in Yemen, it added, directed a “close air support mission” to target the site without approval from the coalition’s command“, we can argue and question a few issue, yet in all, who authorised the action? How was the coalition command set up? If there was an approval at any level it takes the pilot out of the equation (read: likely he was never a consideration in the first place), so even as we see questions on the actions, even when we read “Dozens of citizens fell as martyrs or were wounded in this attack by planes of the Saudi-American aggression“, whilst the actions of the Houthi rebels are left in silence by too many, including the indiscriminate shelling of places. Any war is a place where it took two to tango, which does not absolve any side of considerations, yet in all I see often a complete lack of complete information, or better stated more precise and more complete information to the extent that was possible. Even now as Yemen is using ballistic missiles attacking a Saudi Oil refinery, as Mines are killing Saudi Soldiers, we see that Yemen remains active, shooting missiles close to 600 miles into Saudi Arabia, so as such, I think that the time of recriminations are over, they have been over for some time. Even now, merely 5 hours ago, we see that Nayef al-Qaysi, governor of the central province of al-Bayda was removed from office because of his ties with Al-Qaeda. Now, the source here is the Miami Herald, and others are voicing pretty much the same article. I cannot state one or the other, yet when we see these events unfold, giving rise to one or the other without proper visible intelligence is not a given. Yet in all this, when we take the original title and make this: ‘UK approved £283m of arms sales to Saudis to fight Al-Qaeda‘ (read: personal merging of different timed facts), at that point how many campaigners would we hear? Can we agree that if Nayef al-Qaysi has ties to Al-Qaeda, they would have been there for some time?

A piece of intelligence that I and perhaps many others would not have had last October, so should I not have sold these weapons to Saudi Arabia? I do not think that I had any valid opposition to not sell and whenever we campaign (even for the best and most valid of reasons) is always a loaded gun and that loaded gun is always aimed at the victims of these actions. In my presented case it would have been the people in need of NHS treatments and students. Any person proclaiming that they have the whole picture is usually lying to you, apart from the General of the Saudi armed forces there would be almost no other person in possessions of all the facts and even then we can state with a certain level of certainty that this person did not have ALL the facts. This is what makes the opposition to any debatable act a dangerous path. We can at best hope for acting in a non-illegal manner and that is exactly what happened in this case. It was a legal transaction, one that was essential for the coffers of the United Kingdom.

We need to learn how to compartmentalise. It is in our best interest to do what is correct and to do what our bosses want of us. When we try to grow beyond that cubicle we tend to speculate on what is best and even if we agree that thinking things through is never a bad thing, unless it is our responsibility we have to act according to our better angels, which means no in opposition of law. Is it not interesting that when that happens, more often than not these actions were greed based and those transgressors should be prosecuted by law, which in the case of hedge funds traders is almost 0%, so if we want ideology, it should be on the evolution of legislation to stop economic exploitation. Yet at that point, how many campaigners remain? I reckon that list slims down a lot, because economic transgressions are not sexy enough, or it is like a happy lottery ticket that nearly everyone wants and in case of Bruno Iksil when it amounts to 20% of many millions, I would love to get that lottery ticket as well, I saw a nice place in Cognac, where I would happily retire to. A mere €850K, which would leave me well over €100K a year to live off for the rest of my life, whilst the house (read: villa) had been paid for. I admit it is a lifestyle I would embrace if it was limited to one questionable, non-illegal act. It will not make me a criminal, merely a person not hiding behind some hypocrite high moral code of conduct.

Until campaigners get in the stage of life on how to pay for their daily meal and proceed on that moral high ground, that is the first step in filtering the actual ideologists from the hypocrites, an essential first step, yet in the end, they too need to accept that some sides of life need to get paid for and they cannot vote to make thousands abstain from essential needs. It is not fair and not pretty but that is the place that deep debts have pushed us all into, the mere acceptance of our to the smallest degree of changed options in upholding any quality of life.

Leave a comment

Filed under Finance, Law, Media, Military, Politics

Tagged as 77th Infantry division, al-Bayda, Al-Qaeda, Andrew Smith, BAE Systems, Boris Johnson, Brian Garfield, Bruno Iksil, Campaign Against Arms Trade, Cognac, Department of Justice, Desmond Doss, DoJ, Egypt, F-35 JSF missile, Hacksaw Ridge, Houthi rebels, Iran, ISIS, Javier Martin-Artajo, Jeremy Corbyn, JP Morgan Chase & Co, Julien Grou, Liam Fox, Mimi Herald, Nayef al-Qaysi, NHS, North-Korea, Northrop-Grumman, Raytheon, reuters, Saudi Arabia, the Guardian, UK, UK Labour Party, UK trade secretary, Yemen

July 21, 2017 · 12:41

Opinions are like dicks

This is going to be a weird day; I can feel it in my bones. Whenever my hair goes 180 degrees into the other direction, I know the day will be rough. It turned slightly rougher when I saw the piece by Christina Patterson in the Guardian (at https://www.theguardian.com/commentisfree/2017/jul/20/porn-warps-culture-credit-card-footprint), there are a few issues with the article as I personally see it. You see, the people have had their say on porn for the longest amount of times. For me it is one of the ‘holiest of places’ as it shows the people just how hypocrite they can get. She starts right of the bat with “Many of us can remember the shock. Naked ladies!” and that is coming from a woman who should accept the natural part of her body as… natural. OK, she added after that “In a magazine!” it merely shows you all how ignorant she actually is as she passed the half century mark (an age thing). So, if you ever go to Amsterdam, one of the musts will be the Sex Museum. You see, it is actually merely a few minutes from Amsterdam Central Station, it is one of the cheapest museums in Amsterdam to visit and it is a real eye opener. There you are confronted with paintings, sculptures and other art. Also objects like an Ivory Dildo, snuffboxes depicting porn, all items with some of them going back to the 16^th century. Art covers on Vinyl’s (a 70’s thing) and even a street showing on how the red light district was and still is to some degree. It is actually informative both the adult boys and girls, and this museum is also highly recommended to visit as a couple. So when she goes on about “But, still, to see those naked ladies, as you giggled with your friend, was a shock“, we can say that this is fair enough. Not everyone feels comfortable seeing nudity. So as we see “porn has moved on a bit since then” we need to correct her a little. There are pornography shots going back to the 1900’s taken with the earliest cameras. Consider that Playboy started in 1953 and Penthouse in 1965 and July 1974 saw the beginning of Hustler. The growth for more explicit pictures was not just uncanny; the entire Sexual revolution in the 70’s gave the start for a porn empire of magazines and classifieds that grew into a multi-billion dollar industry within 20 decades. Now, Christina is certainly allowed her views in all this. Yet, the hypocrisy is actually seen when you know more about the background of certain things and just like the age of hypocrisy grows, the church gets involved (as I see it, it fuelled it). So it is time to get back to Larry Flynn to give it a certain ambiance. To get the sides right we need to add that in August 1933 Jerry Lamon Falwell Sr. was born (not named senior at birth though), a conservative and an American Southern Baptist Pastor, a ‘so called’ pillar of the community. The man was in the eyes of certain people hypocrite, now we can say that most televangelists tend to be hypocrites to a certain degree, yet this man took it beyond normal measures. So when we read some of his idea’s (idea’s that he is allowed to have) and we see “AIDS is not just God’s punishment for homosexuals; it is God’s punishment for the society that tolerates homosexuals” as well as “If you’re not a born-again Christian, you’re a failure as a human being“, you can imagine how some will react. By the way, I have met both Hindu’s and Muslims who have shown more what some call ‘Christian values’ (like helping thy neighbour, care for the weak and be charitable) than most Christians EVER will. So there!

In all this Larry Flynn saw in this man a valid target to ridicule some of the hypocrite values that were shown, the entire matter had gone to court over and over until it got to the Supreme Court in 1988, here we get Hustler Magazine, Inc. v. Falwell, 485 U.S. 46 (1988), which ended in an 8-0 unanimous decision for Larry Flynn. You see, when you see the quote “According to a report commissioned by the NSPCC last year, about half of 11- to 16-year-olds have seen explicit sexual material online. They were, the report said, more likely to find it accidentally than to seek it out“, I would like to remind certain members of the hypocrite political branch that they merely did this to themselves. To explain that, I have to take you back to the early 90’s. The internet was no longer Arpanet and started to take off. It was around 1993 when certain parties had a first issue with adult entertainment. It was growing like wildfire and anyone with knowledge of HTML could get a nice paid job in that industry instantly. Which was in the days when security was a decent joke and those in the know around it did not need a subscription, merely the IP number and the right path to the art and you could easily save the directory with all the artwork (awesome access in early internet days). Yet the serious vendors in this industry understood certain values and were willing to talk around certain domains, providing that there would be no restrictions beyond that. Of course certain conservative players were all in arms (because the pastor called them) and the so called hypocrite god fearing community ware all in opposition even before the day ended. You see, these people living in pretence of having virtues and moral principles pleaded the immorality of porn and then went to the nearest hooters and after a few beers would seek out the closest hooker to get a blow job (speculative thought). Yet that one moment, the option when the adult industry wanted their own part in responsibility (.XXX had been voiced) we see the church who opposes that and subsequently fucks the choirboys in whatever hole they could, which is less speculative as the Catholic church is confronted with sexual abuse numbers that exceed 100,000 abuse victims in the US alone. That has been one of the driving forces on immorality. The movie Spotlight (with Michael Keaton & Mark Ruffalo) gives only part of the issue, all true, based on clear evidence from the investigative reporting of the Boston Globe. At present, in Australia over 4,000 alleged cases exist. With 90% of them boys with the average age being below 12 (at http://www.abc.net.au/news/2017-02-06/child-sex-abuse-royal-commission:-data-reveals-catholic-abuse/8243890), so whilst we see that as implied the political branch was all up in arms, they took advice from a collection of paedophiles. Great job!

So in the early 90’s there was an option to give less options to accidently get to these adult entertainment places, yet now we see the other part in all this. If ‘sex sells’ than advertising would be more valuable there. So when the world gets to live with the factor that one domain would be (speculatively estimated) well over 60% of all traffic, how much value would the other places have for advertisement?

The second issue is seen with “Expert witnesses told the women and equalities committee last year that girls are now wearing shorts under their skirts, in an attempt to survive the “normalised culture of sexual harassment in schools”. Children, in other words, are being stripped of their childhoods“, this is indeed pretty awful. Yet when we see the Netherlands we get (at http://www.ad.nl/binnenland/overheid-heeft-pedofilie-jarenlang-gedoogd~a870a359/), the title gives the goods ‘Overheid heeft pedofilie jarenlang gedoogd‘, which translates to “the government has silently accepted paedophilia for years” (there is a fair issue that the translation should be ‘tolerated’ and not ‘silently accepted’ which is my take on the issue as it was given), the entire mess is partially to blame on a political and police system that preferred to remain in denial, perhaps the names Jimmy Saville & Garry Glitter ring a bell in the UK?

So when Christina comes with her (validly allowed) view of “Oh, and users may be asked to give credit card details, and perhaps even be charged a small fee. A fee that might appear on a bank statement that might, for example, be seen by your wife“, I see her as no more than a condescending tart. You see, that is exactly the problem how the issue is not avoided, not solved, but would allow for the issues to be pushed towards ‘somewhere else’. So, as some firms will offer photo forums on Dark web (some extreme players already do), she is basically setting the stage for more wide stream groups to go to Dark web too. The problem there is that there will be no oversight and even less control of who goes there or what they will see and face. That was a really bright idea from Sandra Dee Patterson (not!). The entire issue could have been averted well over 20 years ago, but she is now upping the ante by having even less control, less insight and less oversight, and close to no monitoring options. The dangers that these high school boys and girls will get the pictures of boys and girls through their smartphone to the Dark web would speculatively go up 10 fold as the investigating parties do not have an overview and even less options to monitor and retrieve Dark web events. This adds up to more dangers and less protective options for the people actually in the line of work of trying to protect victims.

So even as Christina does not have a husband, she made matters optionally worse for millions of wives and double the amount of worry for these mothers, a real bright move Christina! Yet it is her view and she is entitled to it.

So now we get to the funny part with “It’s possible, of course, that people watch this stuff and remain loving partners and pillars of society. It’s more likely that they don’t. It’s possible, of course, that people watch this stuff and remain loving partners and pillars of society. It’s more likely that they don’t. I’ve interviewed a number of men whose porn addiction, and sexting habits, have lost them their marriage, their jobs and their homes. These are the extremes, of course, but there’s not much doubt that porn is changing our culture whose porn addiction, and sexting habits, have lost them their marriage, their jobs and their homes. These are the extremes, of course, but there’s not much doubt that porn is changing our culture“, you see, it is funny as the mention of ‘I’ve interviewed a number of men‘, how many? You see, places like Pornhub have around 15 million unique visits a day, so at best she has talked to 0.00006% of that population ever, so as 99.99994% is unknown, how did she get any real feel of what that population is like? there is no doubt in my mind that the largest part reflects near adult (or recently adult) boys with hormonal drives and more likely than not with speedy hands, there is also a growing trend (as speculated by others) that the amount of women taking a peek is a lot larger now than it was 5 and 10 years ago. Yet the largest group will soon outgrow this phase and as these young man end up with a girl happy to spend time in a bedroom or any room naked with them their need will focus on actual sex than watching it (just my speculation on the matter).

The next quote is actually important. As she states “The internet has already changed so much of our culture. We rage. We shriek. We hate. We do this in the name of “free speech”. We buy things with a click. We swipe for sex. We want instant everything, all the time. And we want it all to be free“, she hits the large nail with a slightly too small a hammer, because it is not merely on the free content, it is the question on how the content was acquired. This is a larger issue than you think. Some will give 10 pics free and hope that the person subscribes for $10 to see the 89 other photos and an additional movie with 1080p for any computer or mobile device, as well as a million fold more images and movies for a mere $10 a month. Sex sells so as 99 might not go there, 1 will and 1% of 15 million visitors still adds up to a massive amount of money, it easily sells itself. Yet the part that she ignores is that when the people go to the Dark web, the origin of the photos will be less straightforward. It could be the old BBS ‘peer to peer system’, when you upload one movie (or photo) you get to download ten additional movies. So how long until these people let’s say in year 12 start finding ways to get some unclad pictures of young women? That is the danger that parents are more than likely to face. When it was all on the up and up there was some option of monitoring and control, I fear that certain pushes in the UK will start to push in very wrong directions.

In the end the idea of age proof is not bad, it might even be good, yet the way around it will need some very diplomatic and technological hands, because it is not merely how it is done, the idea that junior gets a hold of dad’s credit card and personal details is not really that far-fetched, so how long until the debating parents on issues of ‘perversion’ realise that it was junior all along? As I see it, the idea is not bad, you merely need to go around it another way on getting an anonymous database system that could function as a non-repudiation system that merely require the need to set the premise of 18+, which is actually a fair system in light of the other opportunities wasted by those who looked at the bible and chose Luke 12, John 9 and Mark 10 to get their jollies off. There is however one upside (apart from the 18+), as we are more and more pushed to the new IPv6, when that happens we could revisit the entire 1993 event and allow a part of IPv6 to be unmonitored and explicitly for adult entertainment. By the way, which is also good to know is that some of the adult entertainment players wanted some sort of segregation to keep it safe away from children, so in that Christina is pretty much on their side with “It’s children they were trying to protect, and the only way to protect those children is to make all users of online porn leap through a few hoops“, in that, that in those days there would have been option to for example to add .XXX to a sort of ‘child lock’ system as US cable TV had (which would have been the next step in the US with AOL), this made sense as AOL grew from 200,000 uses to 34,000,000 in the height of their now no longer existing empire. Yet at that point there was a good option to get a handle on issues, but the uppity religious hypocrites pushed them into the WWW at any address they could, some even merely living through IP addresses.

We can never totally avoid that the wrong people (age wise) go there, yet in all this we can avoid the chance of people going there accidently. We merely need to accept as it has been proven through the centuries that some claim that our heavenly father came up with all that lives and grows and on the 7^th day, either Adam or Eve (not pointing fingers here Adam!), one of the two came up with adult entertainment.

So in the end, opinions are like dicks and perhaps in this I am a dick at present, yet as I see it, when we see that porn has been around for well over 4,000 years, it is time to stop being huffy, puffy and stupid around it. If protecting children was truly the only concern, the bulk of the Catholic Church should be in prison spending double digits in Sing Sing. This reminds me of A Jimmy Carr joke, ‘the innocent members of the College of Cardinals were questioned on the issue of Sexual abuse of children in the Catholic Church; they were both sickened by the notion!‘ (The College of Cardinals has 225 members). If the politicians got religion out of all of this (and especially the linked hypocrisy) we could have had protective solutions for the longest of times, so focussing on a solution that works, instead of some half-baked system that allows for conceited stigmatisation, we could actually get somewhere, yet at present, when we see how certain parties play their media game, the dangers are growing to an overwhelming rate that in the end, more and more adult entertainment internet sites are pushed into the Dark web, next to the actual sleazy extreme adult sites that upsets the bulk of the entire planet. It will push too many under aged people there too, the one place where they suddenly have additional optional access to weapons and drugs in their raised hormonal state, a dangerous escalation to say the least.

Leave a comment

Filed under IT, Law, Media, Politics, Religion

Tagged as 485 U.S. 46 (1988), ABC, Algemeen Dagblad, American Southern Baptist Pastor, Amsterdam Central Station, AOL, Boston Globe, Catholic Church, Christina Patterson, College of Cardinals, Garry Glitter, Hustler, Hustler Magazine, Inc. v. Falwell, Jerry Lamon Falwell Sr, Jimmy Carr, Jimmy Saville, Larry Flynn, Mark Ruffalo, Michael Keaton, Netherlands, NSPCC, Penthouse, Playboy, Pornhub, Sex Museum, Sing Sing, Spotlight, the Guardian, USA

July 20, 2017 · 16:14

When the trust is gone

In an age where we see an abundance of political issues, an overgrowing need to sort things out, the news that was given visibility by the Guardian is the one that scared and scarred me the most. With ‘Lack of trust in health department could derail blood contamination inquiry‘ (at https://www.theguardian.com/society/2017/jul/19/lack-of-trust-in-health-department-could-derail-blood-contamination-inquiry), we need to hold in the first stage a very different sitting in the House of Lords. You see, the issues (as I am about to explain them), did not start overnight. In this I am implying that a sitting with in the dock Jeremy Hunt, Andrew Lansley, Andy Burham and Alan Johnson is required. This is an issue that has grown from both sides of the Isle and as such there needs to be a grilling where certain people are likely to get burned for sure. How bad? That needs to be ascertained and it needs to be done as per immediate. When you see “The contamination took place in the 1970s and 80s, and the government started paying those affected more than 25 years ago” the UK is about to get a fallout of a very different nature. We agree that this is the term that was with Richard Crossman, Sir Keith Joseph, Barbara Castle, David Ennals, Patrick Jenkin, Norman Fowler, and John Moore. Yet in that instance we need to realise that this was in an age that was pre computers, pre certain data considerations and a whole league of other measures that are common place at this very instance. I remember how I aided departments with an automated document system, relying on 5.25″ floppy’s, with the capability that was less than Wordstar or PC-Write had ever offered. And none of those systems had any reliable data storage options.

The System/36 was flexible and powerful for its time:

It allowed 80 monitors (see below for IBM’s description of a monitor) and printers to be connected. All users could access the system’s hard drive or any printer.
It provided password security and resource security, allowing control over who was allowed to access any program or file.
Devices could be as far as a mile from the system unit.
Users could dial into a System/36 from anywhere in the world and get a 9600 baud connection (which was very fast in the 1980s) and very responsive for connections which used only screen text and no graphics.
It allowed the creation of databases of very large size. It supported up to about 8 million records, and the largest 5360 with four hard drives in its extended cabinet could hold 1.453 gigabytes.
The S/36 was regarded as “bulletproof” for its ability to run many months between reboots (IPLs).

Now, why am I going to this specific system, as the precise issues were not yet known? You see in those days, any serious level of data competency was pretty much limited to IBM, at that time Hewlett Packard was not yet to the level it became 4 years later and the Digital Equipment Corporation (DEC) who revolutionised systems with VAX/VMS and it became the foundation, or better stated true relational database foundations were added through Oracle Rdb (1984), which would actually revolutionise levels of data collection.

Now, we get two separate quotes (not from the article) “Dr Jeremy Bradshaw Smith at Ottery St Mary health centre, which, in 1975, became the first paperless computerised general practice“, as well as “It is not developed or intended for use in any inherently dangerous applications, including applications that may create a risk of personal injury. If you use this software or hardware in dangerous applications, then you shall be responsible to take all appropriate fail-safe, backup, redundancy, and other measures to ensure its safe use“, the second one comes from the Oracle Rdb SQL Reference manual. The second part seems a bit of a stretch; consider the original setting of this. When we see Oracle’s setting of data integrity, consider the elements given (over time) that are now commonplace.

System and object privileges control access to application tables and system commands, so that only authorized users can change data.

Referential integrity is the ability to maintain valid relationships between values in the database, according to rules that have been defined.
A database must be protected against viruses designed to corrupt the data.

I left one element out for the mere logical reasons.

now, in those days, the hierarchy of supervisors and system owners was nowhere near what it is now (and often nowhere to be seen), referential integrity was a mere concept and data viruses were mostly academic, that is until we get a small presentation by Ralf Burger in 1986. It was in the days of the Chaos Computer Club and my trusty CBM-64.

These elements are to show you that data integrity existed in academic purposes, yet the designers who were in their data infancy often enough had no real concept of rollback data events, some would only be designed too long later, and in all this, the application of databases to the extent that was needed. It would not be until 1982 when dBase II came to the PC market from the founding fathers of what would later be known as Ashton-Tate, George Tate and Hal Lashlee would create a wave that would get us dBase III and with the creation of Clipper by the Nantucket Corporation, which would give a massive rise to database creations as well as the growth of data products that had never been seen before, as well as being the player that in the end propelled data quality towards the state it is nowadays. In this product databases did not just grow with the network abilities within this product nearly any final year IT person could have its portfolio of clients all with custom based products all data based. Within 2-3 years (which gets us to 1989), a whole league of data quality, data cleaning and data integrity base issues would surface for millions of places, all requiring solutions. It is my personal conviction that this was the point where data became adult, where data cleaning, data rollback as well as data integrity checks became actual issues that were seriously dealt with. So, here in 1989 we are finally confronted with the adult data issues that for the longest of times were only correctly understood by more than a few niche people who were often enough disregarded (I know that for certain because I was one of them).

So the essential events that could have prevented only to some degree the events we see in the Guardian with “survivors initially welcomed the announcement, while expressing frustration that the decades-long wait for answers had been too long. The contamination took place in the 1970s and 80s“, certain elements would not come into existence until a decade later.

So when we see “Liz Carroll, chief executive of the Haemophilia Society, wrote to May on Wednesday saying the department must not be involved in setting the remit and powers of an inquiry investigating its ministers and officials. She also highlighted the fact that key campaigners and individuals affected by the scandal had not been invited to the meeting“, I am not debating or opposing her in what could be a valid approach, I am merely stating that to comprehend the issues, the House of Lords needs to take the pulse of events and the taken steps forward from the Ministers who have been involved in the last 10 years.

When we see “We and our members universally reject meeting with the Department of Health as they are an implicated party. We do not believe that the DH should be allowed to direct or have any involvement into an investigation into themselves, other than giving evidence. The handling of this inquiry must be immediately transferred elsewhere“, we see a valid argument given, yet when we would receive testimonies from people, like the ministers in those days, how many would be aware and comprehend the data issues that were not even decently comprehended in those days? Because these data issues are clearly part of all of these events, they will become clear towards the end of the article.

Now, be aware, I am not giving some kind of a free pass, or give rise that those who got the bad blood should be trivialised or ignored or even set to a side track, I am merely calling for a good and clear path that allows for complete comprehension and for the subsequent need of actual prevention. You see, what happens today might be better, yet can we prevent this from ever happening again? In this I have to make a side step to a non-journalistic source, we see (at https://www.factor8scandal.uk/about-factor/), “It is often misreported that these treatments were “Blood Transfusions”. Not True. Factor was a processed pharmaceutical product (pictured)“, so when I see the Guardian making the same bloody mistake, as shown in the article, we see and should ask certain parties how they could remain in that same stance of utter criminal negligence (as I personally see it), but giving rise to intentional misrepresentation. When we see the quote (source: the Express) “Now, in the face of overwhelming evidence presented by Andy Burnham last month, Theresa May has still not ordered an inquiry into the culture, practice and ethics of the Department of Health in dealing with this human tragedy” with the added realisation that we have to face that the actual culprit was not merely data, yet the existence of the cause through Factor VIII is not even mentioned, the Guardian steered clear via the quote “A recent parliamentary report found around 7,500 patients were infected by imported blood products from commercial organisations in the US” and in addition the quote “The UK Public Health Minister, Caroline Flint, has said: “We are aware that during the 1970s and 80s blood products were sourced from US prisoners” and the UK Haemophilia Society has called for a Public Inquiry. The UK Government maintains that the Government of the day had acted in good faith and without the blood products many patients would have died. In a letter to Lord Jenkin of Roding the Chief Executive of the National Health Service (NHS) informed Lord Jenkin that most files on contaminated NHS blood products which infected people with HIV and hepatitis C had unfortunately been destroyed ‘in error’. Fortunately, copies that were taken by legal entities in the UK at the time of previous litigation may mean the documentation can be retrieved and consequently assessed“, the sources the Express and the New York Times, we see for example the quote “Cutter Biological, introduced its safer medicine in late February 1984 as evidence mounted that the earlier version was infecting hemophiliacs with H.I.V. Yet for over a year, the company continued to sell the old medicine overseas, prompting a United States regulator to accuse Cutter of breaking its promise to stop selling the product” with the additional “Cutter officials were trying to avoid being stuck with large stores of a product that was proving increasingly unmarketable in the United States and Europe“, so how often did we see the mention of ‘Cutter Biological‘ (or Bayer pharmaceuticals for that matter)?

In the entire Arkansas Prison part we see that there are connections to cases of criminal negligence in Canada 2006 (where Canadian Red Cross fell on their sword), Japan 2007 as well as the visibility of the entire issue at Slamdance 2005, so as we see the rise of inquiries, how many have truly investigated the links between these people and how the connection to Bayer pharmaceuticals kept them out of harm’s way for the longest of times? How many people at Cutter Biological have not merely been investigated, but also indicted for murder? When we get ‘trying to avoid being stuck with large stores of a non-sellable product‘ we get the proven issue of intent. Because there are no recall and destroy actions, were there?

Even as we see a batch of sources giving us parts in this year, the entire visibility from 2005-2017 shows that the media has given no, or at best dubious visibility in all this, even yesterday’s article at the Guardian shows the continuation of bad visibility with the blood packs. So when we look (at http://www.kpbs.org/news/2011/aug/04/bad-blood-cautionary-tale/), and see the August 2011 part with “This “miracle” product was considered so beneficial that it was approved by the FDA despite known risks of viral contamination, including the near-certainty of infection with hepatitis“, we wonder how the wonder drug got to be or remain on the market. Now, there is a fair defence that some issues would be unknown or even untested to some degree, yet the ‘the near-certainty of infection with hepatitis‘ should give rise to all kinds of questions and it is not the first time that the FDA is seen to approve bad medication, which gives rise to the question why they are allowed to be the cartel of approval as big bucks is the gateway through their door. When we consider the additional quote of “By the time the medication was pulled from the market in 1985, 10,000 hemophiliacs had been infected with HIV, and 15,000 with hepatitis C; causing the worst medical disaster in U.S. history“, how come that it took 6 years for this to get decent amounts of traction within the UK government.

What happened to all that data?

You see, this is not merely about the events, I believe that if any old systems (a very unlikely reality) could be retrieved, how long would it take for digital forensics to find in the erased (not overwritten) records to show that certain matters could have been found in these very early records? Especially when we consider the infancy of data integrity and data cleaning, what other evidence could have surfaced? In all this, no matter how we dig in places like the BBC and other places, we see a massive lack of visibility on Bayer Pharmaceuticals. So when we look (at http://pharma.bayer.com/en/innovation-partnering/research-focus/hemophilia/), we might accept that the product has been corrected, yet their own site gives us “the missing clotting factor is replaced by a ‘recombinant factor’, which is manufactured using genetically modified mammalian cells. When administered intravenously, the recombinant factor helps to stop acute bleeding at an early stage or may prevent it altogether by regular prophylaxis. The recombinant factor VIII developed by Bayer for treating hemophilia A was one of the first products of its kind. It was launched in 1993“, so was this solution based on the evolution of getting thousands of people killed? the sideline “Since the mid-1970s Bayer has engaged in research in haematology focusing its efforts on developing new treatment options for the therapy of haemophilia A (factor VIII deficiency)“, so in all this, whether valid or not (depending on the link between Bayer Pharmaceuticals UK and Cutter Biological. the mere visibility on these two missing in all the mentions, is a matter of additional questions, especially as Bayer became the owner of it all between 1974 and 1978, which puts them clearly in the required crosshairs of certain activities like depleting bad medication stockpiles. Again, not too much being shown in the several news articles I was reading. When we see the Independent, we see ‘Health Secretary Jeremy Hunt to meet victims’ families before form of inquiry is decided‘, in this case it seems a little far-fetched that the presentation by Andy Burham (as given in the Express) would not have been enough to give an immediate green light to all this. Even as the independent is hiding behind blood bags as well, they do give the caption of Factor VIII with it, yet we see no mention of Bayer or Cutter, yet there is a mention of ‘prisoners‘ and the fact that their blood was paid for, yet no mention of the events in Canada and Japan, two instances that gives rise to an immediate and essential need for an inquiry.

In all this, we need to realise that no matter how deep the inquiry goes, the amount of evidence that could have been wiped or set asunder from the eyes of the people by the administrative gods of Information Technology as it was between 1975 and 1989, there is a dangerous situation. One that came unwillingly through the evolution of data systems, one that seems to be the intent of the reporting media as we see the utter absence of Bayer Pharmaceuticals in all of this, whilst there is a growing pool of evidence through documentaries, ad other sources that seem to lose visibility as the media is growing a view of presentations that are skating on the subject, yet until the inquiry becomes an official part we see a lot less than the people are entitled to, so is that another instance of the ethical chapters of the Leveson inquiry? And when this inquiry becomes an actuality, what questions will we see absent or sidelined?

All this gets me back to the Guardian article as we see “The threat to the inquiry comes only a week after May ordered a full investigation into how contaminated blood transfusions infected thousands of people with hepatitis C and HIV“, so how about the events from 2005 onwards? Were they mere pharmaceutical chopped liver? In the linked ‘Theresa May orders contaminated blood scandal inquiry‘ article there was no mention of Factor VIII, Bayer (pharmaceuticals) or Cutter (biological). It seems that we need to give rise that ethical issues have been trampled on, so a mention of “a criminal cover-up on an industrial scale” is not a mere indication; it is an almost given certainty. In all that, as the inquiry will get traction, I wonder how both the current and past governments will be adamant to avoid skating into certain realms of the events (like naming the commercial players), and when we realise this, will there be any justice to the victims, especially when the data systems of those days have been out of time for some time and the legislation on legacy data is pretty much non-existent. When the end balance is given, in (as I personally see it) a requirement of considering to replace whatever Bayer Pharmaceuticals is supplying the UK NHS, I will wonder who will be required to fall on the virtual sword of non-accountability. The mere reason being that when we see (at http://www.annualreport2016.bayer.com/) that Bayer is approaching a revenue of 47 billion (€ 46,769M) in 2016, should there not be a consequence of the players ‘depleting unsellable stock‘ at the expense of thousands of lives? This is another matter that is interestingly absent from the entire UK press cycles. And this is not me just speculating, the sources give clear absence whilst the FDA reports show other levels of failing, it seems that some players forget that lots of data is now globally available which seems to fuel the mention of ‘criminal negligence‘.

So you have a nice day and when you see the next news cycle with bad blood, showing blood bags and making no mention of Factor VIII, or the pharmaceutical players clearly connected to all this, you just wonder who is doing the job for these journalists, because the data as it needed to be shown, was easily found in the most open of UK and US governmental places.

Leave a comment

Filed under Finance, IT, Law, Media, Politics, Science

Tagged as Alan Johnson, Andrew Lansley, Andy Burham, Andy Burnham, Barbara Castle, Bayer Pharmaceuticals, Blood Transfusions, Caroline Flint, Chaos Computer Club, Cutter Biological, David Ennals, DEC, Digital Equipment Corporation, Dr Jeremy Bradshaw Smith, Factor VIII, FDA, George Tate, Haemophilia Society, Hal Lashlee, hepatitis C, Hewlett Packard, House of lords, IBM, Jeremy Hunt, John Moore, Leveson inquiry, Liz Carroll, Lord Jenkin of Roding, Ministry of Health, Nantucket Corporation, New York Times, NHS, Norman Fowler, Oracle Rdb, Oracle Rdb SQL, Patrick Jenkin, Ralf Burger, Richard Crossman, Sir Keith Joseph, Slamdance 2005, the Express, the Guardian, The Independent, Theresa May, UK NHS, United States, US, USA, VAX/VMS

July 18, 2017 · 14:20

Sanity Check

We all need a sanity check at time. There has been a need to regard what we are offered and why certain people seem to try to start to regard fear and misinformation to set people towards the need of greed of some. This is the feeling I get when I look at ‘Brexit: ‘Real risk’ UK could run out of some foods after EU exit, government warned‘ (at http://www.independent.co.uk/news/uk/politics/brexit-latest-food-supplies-shortage-warning-policy-failure-supermarkets-imports-eu-a7844751.html), it starts with the subtitle that gives us “Theresa May accused of ‘serious policy failing on an unprecedented scale’ by academics“. So what matter have they been raiding? Consider the EU nations and how things changed in the late 90’s. Now consider the foods and lives we had in for example the 60’s. We had no shortage of food, we could buy foods and outside of the UK, it was equally easy to buy a bottle of Worcester Lee & Perrins sauce. Some articles were not available (like Tripe), mainly because of the import laws already in place (and we all so loved to eat that in the first place). It was easy to get the Fortnum and Mason’s Christmas plum pudding. The entire exercise to spread fear and misinformation is actually getting to me. I am so sick on the implied creation of intentional chaos. So when you read: “A report from food policy specialists has warned the forthcoming break from Europe will lead to “chaos” unless ministers establish a clear plan on how a new food system will operate“. This reads like it will be the point that some food policy specialists will soon be without a job. Consider the need for sales and exports. Do you think that countries like the Netherlands, Belgium or even France have no export policies in play? These policies have existed for decades. So after Brexit there will be French cheeses and wines, there will be Belgium chocolates and Shrimps and there will be fresh vegetables from the Netherlands. The EU has had close to no influence; it merely seemed to digress towards red tape for the hidden unmentioned need of profitability for large corporations. There will of course be questions in some situations, yet do you think that the exporting corporations will not be ready for that? So when you read ‘without provisions in place‘, we see levels of fear mongering from people who are pushed by other people who are shy of the limelight, because we really have no need for those players fattening the invoices wherever they can, the EU gravy train is coming to a partial end and some politicians are getting nervous. All that easy income falling away, all those unwanted costs added to the prices of what people require to import. Yet the dangers of the single market are often ignored. In a single market may struggle to survive against their more efficient peers, yet how do we see places like ‘Walmart’ as an efficient peer? In that light we see that those with the approach of what should be regarded as ‘exploitative’ and being way too large, having the option to pressure their costs and buying at near 0% margin for the manufacturer has no benefit to competition, it merely makes the owners of Walmart rich fast, whilst there is no place for any number two players. That is the opposite side in all this, a side that the EU has been intentionally silent on for way too long.

The article refers to a paper which can be found (at http://www.sussex.ac.uk/spru/newsandevents/2017/publications/food-brexit), the added PDF in there gives us “Set new clear targets for UK food security (food supply, quality, health and consumption) which go beyond mere quantity of supply by addressing ecosystems and social systems resilience“, this sounds important, yet in all this my question towards Tim Lang, Erik Millstone & Terry Marsden becomes ‘When was the last time you ate an equine burger?‘, the UK was part of this so called EU food security, and as such the professors from the Universities of Cardiff, London and Sussex might have forgotten about that 2013 events, where Tesco had 27 beef burger products laced with horses and pigs.

Also consider the quote ““In the EU, UK consumers and public health have benefited from EU-wide safety standards, without which there will be a risk of the UK having less safe and nutritious products“, we could argue that with 100,000 angioplasty events per year, that issue is a non-issue at present already, ye as it is hard to get any clear EU statistics (read: could not get any reliable figures) there is no quality view to get at present. In all this, when I see certain events mentioned, it is almost like there is a hidden P&G (read: Proctor & Gamble) logo behind all this. That is a purely personal and speculative view! In addition, as I write in opposition of certain points, this is an academic paper, it gives us clear sources and we can disagree with the view of these three professors, there is the issue that their view remains a valid view.

This gets us to two parts that mention the issues that we are going towards, in my view it is a view that should have been adjusted for at least 5 years ago, Brexit might be an element, but it is not the cause and after Brexit these systems have never been adjusted, there is merely the identification that the government in general should have started to make adjustments a long time ago. The quotes “The current food policy community is fragmented and divided. There is an urgent need for a more collaborative policy platform to be created involving all the main players. If the government fails to do this, others will need to take the initiative“, as well as “Meanwhile the NHS is becoming increasingly bankrupted, not least because of the growth of an aging population suffering a dietary-health epidemic; the critical significance of the food system needs highlighting in these debates“, it is interesting that I recognised this several day ago as a hindering issue for the NHS.

There is one part that the paper definitely gets right (read: it actually gets a lot more right). It is seen on page 14 with “These aspirations and policy principles should be incorporated in the new food legislation, which Food Brexit will entail. An estimated 4,000+ pieces of regulation and law are EU based“, this is one side that truly matters. The question becomes: ‘Is it merely ‘new legislation‘ or comparing the EU legislation against that legislation that was in play?’ and as such decide on the path of adjusting the original legislation, or create new legislation. This is something that should have been discussed in the House of Lords at the very least. It seems that not only it has not happened; there is no indication at present that this will happen any day soon at present, which is odd to say the least, it is not like the entire Brexit issue dropped out of the sky last night.

Still, even as the paper is valid and valuable, it is my view that the Independent is too much about fear mongering. When we see “Even a “soft” departure from Europe, in which the UK will remain in the single market or customs union, could badly affect the food and farming industries, they add“, so even if the UK remains in a single market, there are still dangers? If that is so, what the bloody use is a single market?

Another issue (as I personally see it) is seen in “The report, which is based on more than 200 sources, continues: “Prices, which are already rising and likely to rise more, will become more volatile, especially harming poor consumers.”“, in the first, prices have always been rising and that is not likely to ever change. The cost of living has been under attack in the UK for the better part of a decade. If you are not a well off banker, or some hedge funds investor, it is extremely likely that your quality of life has been stagnant. It does not matter whether you are a cashier, a barrister or a doctor; your quality of life has been declining for the longest time. It is merely the amount of quality of life lost that differs between the three groups. In the second, volatility has been equally an issue for the longest time. If that was not the case, the mere need for equine burger was never an issue. The EU at large has been under ‘profit scrutiny‘, which just emphasises the need for better food security all over Europe, a factor the EU failed since decently before 2013. In all this another article requires the limelight. With “It cites recent research by the British Retail Consortium that the absence of a trade deal could push the price of imported food up by 22%“, the question becomes, what (and where) are these numbers based on? The article (at http://www.independent.co.uk/news/uk/home-news/christmas-dinner-price-rises-by-14-per-cent-a7453591.html), is as speculative as the evidence that the photographed Turkey tasted nice. We just do not know. With “In October, the British Retail Consortium warned shoppers could face higher prices if the Government failed to strike the right Brexit deal with the EU” as well as “the UK could be forced to use World Trade Organisation (WTO) rules, which could cause the price of meat to rise by as much as 27 per cent“. In these two quotes the operative word is ‘COULD‘, none can give any evidence on the amount it raises (or if it rises at all); it is from my point of view with the emphasis of ‘merely fear mongering’. In the end, none of them acknowledge that the UK is a willing market with 68 million consumers. Show me one salesperson who would willingly walk away from such a large group of consumers and I will introduce you to a liar. All the fear mongering we see, and in the end we see a collection of large corporations like Mars and Coca-Cola that will accept the impact on their margins as they are trying to avoid a total loss of bonuses for a much longer period of time.

I will add the paper at the end in this article, because whether I agree or not to some extent, it is a good and proper academic piece and even as we might consider elements in different light, the paper does show clear indications that there are issues that require addressing and there are also issues that should have started to be addressed several years ago. There is a policy failure to some extend in some way and in a much larger way in other views of focus. The academic paper is not in question; the method of fear mongering that the Independent is playing with is a much larger issue that should be taken a look at.

So as the Independent is fear mongering food issues and the Guardian tells us ‘Britain ‘will be less safe’ without access to EU crime databases – peers‘, yet because before the Schengen mess there was no Interpol or information available, we need to realise that some things will require adjustment, that was never ever in question and in all this the events are not due for 20 months. Now, we can all agree that things need doing, yet has anyone considered that some of these current systems will be obsolete before the 20 months deadline (read: some already are to some degree)? The EU has no firm handle on data automation (as per collecting), or the impact that 5G will give to the data stream, none of the systems will be ready before the change and some will not even be ready then. It was only Yesterday when I found it essential to message Ben Wallace MP that his ‘Accelerator Open Call for Innovation‘ is missing an encryption topic in the data challenge. (at https://www.gov.uk/government/publications/defence-and-security-accelerator-enduring-challenge/accelerator-enduring-challenge), in this age of Ransomware and security flaws, the entire encryption challenge will be a huge one, as more cloud data is no longer safe in either data in transit or at rest, any security assessment system would require new levels of encryption. This is not merely my view, when we look at the works otien Lenstra, a cryptology professor at the Ecole Polytechnique Fédérale de Lausanne (EPFL) in Switzerland, says the distributed computation project, conducted over 11 months, achieved the equivalent in difficulty of cracking a 700-bit RSA encryption key, so it doesn’t mean transactions are at risk and his 2007 article passed the deadline 5 years ago. Even now the larger military contractors like Thales are seeing Big-Data Encryption as one of today’s challenges, so how important would it be in let’s say 3-4 years?

So as we see food fears and so called ‘security‘ data issues, we see that some of the players haven’t even considered including the elements of encryption in some areas. The reason for that view is that encryption is not merely about adding some code, or encoding all data, it is a system of checks and balances, where recovery of corrupted data becomes increasingly important. For those not in the know (which is very valid) there was a virus decades ago called the DBase-virus, it came from the 90’s and decided to corrupt all the data in a DBase database. The clever part was that as long as the virus was there, the user did not know, the moment it was cleaned out, all the data was instantly corrupt, the virus was a cypher and decipher part. In these days of Ransomware, such systems require additional elements and they end up being part of the core, not merely an added element in the core, so when the paper gave me “data – cyber, information, big data, management and processing, sense making, visualisation, delivery, interoperability” as an element, whilst encryption was not part of it, whilst there were other topics like mobility and situational awareness (sensors and surveillance). It seemed to me that the crypto element was not just important, it will be vital and in that field a little innovation goes a very long way. Yet beyond all that, with larger computers and ever-growing large hi speed mobility, the need and application of encryption equally changes, so when we see the need for some European adjustment, we need to realise that not merely the policies are overdue plenty of revisions, in all this, Brexit or not, with the near daily events of data losses, we need to seriously contain certain dangers

So how of topic did I go?

From merely the food part quite a bit (seemingly), yet in all this, the policies and the data issues are connected. If we accept that some of these policies are all depending on the Department for Environment, Food & Rural Affairs (DEFRA), we see that the objectives, indicators of progress, the achievements and action points are also data driven (at https://www.nao.org.uk/wp-content/uploads/2016/10/Departmental-overview-2015-16-Department-Environment-Food-and-Rural-Affairs.pdf), now data will be at the centre of pretty much every part of life, yet from the paper that the three food boffins bring us (namely Lang, Millstone & Marsden), it will not merely a more dire need in reactive, there is an increasing view that the view needs to be transposed towards a proactive situation. The elements in that paper on Spending reduction (page 10) and workforce capability (page 13) imply that these two will impact the entire CAP (Common Agricultural Policy) in several ways, so to not go towards the fear mongering as the Independent implied with its 27% price rise, a proactive system that could counter or at least limit these events to a certain degree. The need has always been there, but the EU has gravy train driven red tape factory (as I personally see it) and as such too little forward momentum is seen and the UK parliament has been forever waiting for the EU to start something so they could be seen as a limited forward momentum party as well. So now is the perfect time to get something actual in place, but to rely on data that could be ‘mismanaged‘ by those trying to thwart the machine requires a much better digital transformation plan as well as a much better digital security and footprint approach, one that has clear boundaries of non-repudiation. Many of these elements either not mentioned, or ignored.

And here is the great part, I am not fear mongering, I am merely saying that things require attention and doing and there are still 20 months, yet doing something immediate is equally dangerous as 5G will impact on a global scale, so having proper preparations and having a system that is not set in stone, but one with certain levels of flexibility and options of evolution is much more important, so that we avoid having a massive invoice that requires paying it twice (or even thrice).

If there is one element of the entire Food report that I had an issue with than it must be ‘12. Keeping a close eye on our EU neighbours: it takes (at least) two to tango‘, there is nothing wrong with what is written, yet what I voiced earlier, the need to sell to the UK is partially ignored and the second partner in that tango is the provider of goods. The 5 scenarios read perfectly fine, yet they are all so based on the premise of the UK being the needy one, we forget that there are 27 nations all vying to get a leg up on the option to sell to 68 million consumers, it seems that the part is not that emphasised. In the end there needs to be a level of balance, yet I feel certain that once Poland is playing hard to get with the UK, I feel certain that Spain will jump up at the chance to get this market. It will not always be a balanced battle, but the UK has options and the newspapers at large have been overly silent on this part, which is why I am upset with the entire fear mongering thing. There was never an issue with being alert, but the papers at large have been completely negative again and again, focussing on the negative ‘could’ and ignoring the positive possibilities. In all this, I still personally believe that the largest players are all about the Status Quo as they have it and in that the one part that Nigel Farage got right, if this gives an option for the local smaller players to get an actual slice of the exploited market we might actually get some level of economy growing and in that, at the end the United Kingdom becomes an economic growth winner.

I think it is a mere sanity check that we try to get a level of alignment on the jobs that need to get going on and as such get a grip of what becomes a possibility, in that the ‘A Food Brexit: time to get real‘ report gives us a handle on what needs to be realised, but at times, although the report gives a really good view, as stated, my issue remains to some degree too much about the page 15 mention of; “UK ministers have failed to explain from where they expect the UK to import its food“, whilst in equality, the optional question “Which quality provider of foods is ready and willing to export to the UK?”

In a world where export is essential to any government, is it not interesting that we do not see the latter version in the media, in a situation that amounts to pretty much the exact same premise?

A Food Brexit: time to get real

Departmental Overview 2015-16

Leave a comment

Filed under Finance, IT, Law, Media, Politics, Science

Tagged as Arjen Lenstra, Belgium, Ben Wallace, Big Data, Big-Data Encryption, Brexit, British Retail Consortium, CAP, Coca Cola, Common Agricultural Policy, DEFRA, Department for Environment, Ecole Polytechnique Fédérale de Lausanne, EPFL, Erik Millstone, Eu, Food & Rural Affairs, Fortnum and Mason, France, House of lords, Lee & Perrins, Mars, Netherlands, NHS, Nigel Farage, P&G, Poland, Proctor & Gamble, ransomware, Spain, Switzerland, Terry Marsden, Thales, Tim Lang, UK, United Kingdom, Walmart, World Trade Organisation, WTO

July 13, 2017 · 12:39

Short Sighted Dangers

For those who have an easy time not remembering things, we need to start to take them back to 2003, US Secretary of State Colin Powell arrives with an infamous silver coloured briefcase, and no one knew what was in it. It was evidence of Iraq and the fact that they had Weapons of Mass destruction. The Guardian, on June 2^nd of that year give us: “The Bush administration, under increased scrutiny for failing to find Saddam Hussein’s arsenals eight weeks after occupying Baghdad, yesterday confronted the damaging new allegations on the misuse of intelligence to bolster the case for war“, in all this, under Prime Minister Tony Blair Operation Telic gave rise to 182 fatalities in the UK armed services (2003-2011). Proof of the existence of WMD’s were never shown, there have been stories on both sides of the camp on WMD and in the end, it all remained speculation and conjecture from unreliable forces. The most fitting (possibly wrong) view became, the UK went to war on intentionally bad intelligence. From my personal view it should have been simple and clear. There would have been the mere need to show one clear functional missile filmed by the associated press stating something like: “Here is a Weapon of Mass Destruction, it was captured at [whichever location] by [whomever was there] under command of [some big bird in charge], now let’s talk to this commander on the find!“, it would have been the simple justification, that message never came and speculation and conjecture on a war that was started under the most weird of circumstances might have been justified, that moment never came.

So when the Guardian gives us ‘Rudd’s refusal to publish full report into extremist funding ‘unacceptable’‘ (at https://www.theguardian.com/uk-news/2017/jul/12/uk-terror-funding-report-will-not-be-published-for-national-security-reasons), you could see the issue that history is about to repeat itself. Now, for the most we see all kinds of valid arguments, yet in all this, the one element missing is still the element in the Pork Pie in the making.

The quote “But the home secretary, Amber Rudd, said the move was based on national security and claimed that the full report contained sensitive and detailed personal information” is actually the one that matters the least, the colourful honourable Rudd would be quite correct in setting certain premises on visibility and for that she is not getting into trouble. It is the top line setting, when we see “The statement gives absolutely no clue as to which countries foreign funding for extremism originates from – leaving the government open to further allegations of refusing to expose the role of Saudi Arabian money in terrorism in the UK.” is the most important one and it came from Caroline Lucas, which makes sense on several levels. As co-Leader of the Green Party of England and Wales, she was hitting the nail on the head. Interesting how Tim Farron just did not have seemingly has a clue in this instance (regarding the news info I could find). You see, the entire Qatar situation is linked to all this. The UK will be partially depending on what Germany finds and more important, all the information they might be unable to find, or in the end will not report on. In this the entire Turkey escalations as it enters a place and theatre of War they basically have no place to be in, this all links and the clarity of the report as to the original of the funds has bearing on this. In light of “Some extremist Islamist organisations “portray themselves as charities to increase their credibility and to take advantage of Islam’s emphasis on charity”, and are vague about both their activities and their charitable status, it said“, there should be an increased need to give rise and visibility to the sources. When we see “Instead, there is a strong suspicion this report is being suppressed to protect this government’s trade and diplomatic priorities, including in relation to Saudi Arabia. The only way to allay those suspicions is to publish the report in full” there is a rising stress point on how to find a way to work with legitimate governments, so as such there is a clear need to see if there are false pears in the apple bag. The issue becomes larger with “For a small number of organisations with which there are extremism concerns, overseas funding is a significant source of income. However, for the vast majority of extremist groups in the UK, overseas funding is not a significant source.” This makes the statement an optional interpretation in more than one way (read: the intelligence community loves their ambiguity). In the end, it seems to imply that as extremist groups rely massively on ‘donations‘, there is either not enough data or there is clear evidence that the UK charities are merely a minimal contributor at best. Which is pretty much as good as it gets, to be a zero donator is pretty much a non-option and the fact that donations might not even get to a 4 figure number implies that one spare part of a rifle is the best any extremist group could hope for, in addition the UK groups don’t seem to be getting any interesting level of cash. Yet that does not give rise to the value that is set towards the creation of Lone Wolves in the UK, yet in that there is absolutely no clue whether the intelligence community has even close to a comprehension how those streams go, how the funding and recruitment goes and where to look for decent quality intelligence (or how to obtain it). As I have seen it (to the smallest degree), it seems to me that short term radical pamphlets to see who reacts is as good as it gets at one University in Sydney. This creates the situation that their luck would likely run out long before they become an actual threat. The nice thing about the island of Australia is that those wannabe’s really have no place to run to and it gives rise that an Island like the United Kingdom (significantly smaller in size) they could have less options. As the Straits Times is just now reporting that the Qatar crisis not resolved, we see that the centre stage is now for US Secretary of State Rex Tillerson will now try to find new solutions in the events that are still escalating. Do you not think that the mention of sources could have been a little help in keeping the conversation going? The mention of clear Qatar involvement or absence of it would have made a large impact. In equal measure any evidence of the use of banks in Riyadh might have had another impact altogether, the need for Saudi Arabia to consider the overhaul of certain banking policies (something the US has been desperate for, for some time now), all elements that could diffuse certain pressures. So as we see “UAE Foreign Minister Sheikh Abdullah bin Zayed al-Nahayan told reporters during a visit to Slovakia that Tillerson’s visit was unlikely to resolve the row. “I think it will ease tensions, but it’s just postponing the problem, which will grow in the future.” In a joint statement issued after Tillerson and his Qatari counterpart signed their counter-terrorism pact on Tuesday, the four states called the accord inadequate.” We see no reason that there was anything wrong on the decision that the Honourable Amber Rudd has taken, yet the added information of sources could really impact on a few levels the issues to address or reinforce the term of ‘inadequate accord‘. With additional Turkish troops arriving in Doha, the pressure will go up, because a room full of powder kegs it merely takes one spark and the chance of that spark increases with every additional element in that equation. a threat that does not grow linear, but exponentially. So how does that support the need to keep certain facts hidden? Consider that one element in the summary gives rise to a relief of pressures, the question from Caroline Lucas could soon be the topic of debate in several places in London, and should the powder keg go boom, that debate could become toxic for several key government players soon thereafter.

Yet in all this Qatar is also sending different waves, as owners of Al-Jazeera, we now see (at http://www.ndtv.com/world-news/uae-slams-al-jazeera-for-anti-semitism-inciting-hate-1724062) that there are issues escalating that give rise to several issues to those opposing Qatar. The subtitle gives the one side with ‘The United Nations has warned that demands that Qatar close Al-Jazeera by a rival Saudi Arabian-led alliance, which includes the UAE, violate basic freedoms‘, yet in the article we see the statement by United Arab Emirates’ state minister for foreign affairs, Anwar Gargash, when we see presented facts regarding spiritual leader of the Muslim Brotherhood, Yusuf al-Qaradawi : “he added, had “praised Hitler, described the Holocaust as ‘divine punishment’, and called on Allah to ‘take this oppressive, Jewish, Zionist band of people… and kill them, down to the very last one’“, so when we see that, we see that this all is fuelling even more pressures and as the Muslim Brotherhood is seen as the extremist group it has shown to be in Egypt as well as an openly voicing enemy of the State of Israel, the evidence counter is moving against Qatar. It seems to me personally, that in this present state of affairs, to give rise to the voice of the Muslim Brotherhood, whilst there are plenty of other options (read: less radical ones), Al-Jazeera is either biting the hand that fed them from birth, or that the Qatari government should have had better reigns on those who are in charge of Al-Jazeera. It seems to be a mess that is currently not in favour of Qatar, no matter how you slice it (read: as shown by the western media). It also gives visibility to another part that another Guardian article gave us with “Noura al Kaabi, the UAE minister responsible for media regulation, told the Guardian the station had given a platform to “some of the most dangerous terrorists in the world” and needed to be subject to new and externally-monitored editorial controls“, a view pretty much all parties but one will agree with at present. The final part from the UAE minister is shown with: “Al-Kaabi questioned the value of the memorandum. “We have lost trust with the government of Qatar,” he said. “The difficulty is that it is one thing to sign an agreement, but the true test is whether it is ever enforced. An agreement is not an agreement if it is not honoured.”“, this shows that the work that US Secretary of State Rex Tillerson has cut out for himself is becoming increasingly more difficult soon enough; this reflects back to the overseas funding report, the inclusion of the foreign sources in the summary could give Rex Tillerson the indication that there is either a more intense problem within Qatar, or that there might merely be the issue with some aspects of Al-Jazeera. That difference is the difference between a possible short term resolution or the beginning of a long term consequence, that evidence (if regarded as such) could give rise the second part as Turkey would be forced to take a clear step in one way or another, which would limit the actions of Iran, all optional changes to the absence of one element in a partially classified report. In this I do hope that the Honourable Amber Rudd takes heed from the 2003-2011 partial fiasco that brought the loss of 182 fatalities, because if this powder keg does go, the list of casualties might become a lot higher and not just for the UK, which in turn will give rise to additional escalations in directions no one has any clue on how far that would go.

And remember, in this instance a point of view is merely a vantage point for those seeking an advantage, there is growing overwhelming bias on nearly all fronts, the question that many cannot answer is ‘Which one is based on ambiguity and which can be met with academic scrutiny?’ This is a question that I myself find unable to answer, merely because the original source has been edited out in more than two occasions.

Leave a comment

Filed under Finance, IT, Law, Media, Military, Politics

Tagged as Al Jazeera, Amber Rudd, Anwar Gargash, Caroline Lucas, Colin Powell, Doha, Germany, Green Party, Iran, Iraq, Israel, Muslim Brotherhood, Noura al Kaabi, Operation Telic, Qatar, Rex Tillerson, Riyadh, Riyadh banks, Saddam Hussein, Saudi Arabia, Sheikh Abdullah bin Zayed al-Nahayan, Singapore Straits Times, Straits Times, the Guardian, Tim Farron, Tony Blair, Turkey, UAE, UK, United Arab Emirates' state minister for foreign affairs, United Kingdom, US Secretary of State, WMD, Yusuf al-Qaradawi

July 12, 2017 · 12:48

Upstairs, Basement

We have all seen the TV shows, and felt with both sides of the Victorian houses that had an upstairs and downstairs in London, places like Downton Abbey or were merely in Brideshead and we decided to revisit them. Hugh Bonneville, Michelle Dockery, Brendan Coyle, Jim Carter, Maggie Smith, Jeremy Irons, John Gielgud, Laurence Olivier, Ian Ogilvy and Anthony Andrews. Some of the biggest stars have been identified and idolised with this Victorian era view, some even in more than one of these series. We have felt for the high side and the low side, yet in all these times, there was always a feel of justice and acceptance for both sides. So why on earth the utter idiocy and non-acceptable acts of Lord Philipps, 4^th Viscunt St Davids (pun with the additional missing ‘right’ and ‘honourable’ intended) Rhodri Colwyn Philipps decided to state “£5,000 for the first person to ‘accidentally’ run over this bloody troublesome first generation immigrant.” on social media is completely beyond me. I myself have been mostly outspoken in favour of Brexit, yet that does not take away the right of any Bremainer to voice their issues. Now I admit that plenty of those do not really voice it that clear, complete or correct. Yet it is still their right and of course those who fail to make the decent point will work in my Brexit favour and I was on the fence for the longest of time. It was the voice of Mark Carney in the House of Lords who got me from Brexit and moved me towards neutral on the fence. In the end the lack of insightfulness by Mario Draghi as he decided to print a trillion euro’s and wantonly spend it on no one knows what pushed me clearly back into the Brexit field. These issues all matter, because anti-Brexit campaigner Gina Miller had every right to campaign for her Bremain conviction. In all this, we might also ask a few questions regarding senior district judge Emma Arbuthnot at this point. That is based on the following in the article we see the quote “Mine includes, torturing Tony Blair, Hilary Clinton, Isis, Dave (PM) the forgettable, Murdoch … Oh and that hideous jumped up immigrant Gina Miller.“, which was the one that was found racially aggravating. Yet when we see the other responses, like “Please will someone smoke this ghastly insult to our country? Why should I pay tax to feed these monkeys? A return to Planet of the Apes is not acceptable” another vocal attack on Gina Miller. Now, the judge found that this was not menacing and acquitted Lord Phillips of the charge related to that post. So in this case let’s take a step back to the 14^th of march when we see (at https://www.theguardian.com/media/2017/mar/14/face-off-mps-and-social-media-giants-online-hate-speech-facebook-twitter), where we see “Social Media companies including Twitter, Facebook and Google have come under pressure from MPs for failing to take tougher action to tackle hate speech online” so as we see people like Yvette Cooper taking cheap shots at technological complicated issues to get a few easy points before the election, it seems that in regards to Gina Miller, UK’s little Yvette seems to be either really really quiet, or the media decided just to not take notice of her. Is that not weird too? It is all a little too sanctimonious to me.

Another post from this Lord Thingamajig was “I will open the bidding. £2,000 in cash for the first person to carve Arnold Sube into pieces, piece of shit” which was seen by her honour to be ‘menacing’ but not ‘racially aggravated’. Let’s take you through the legality. In the assault side we see ‘the actus reus of assault is committed when one person causes another to apprehend or fear that force is about to be used to cause some degree of personal contact and possible injury. There must be some quality of reasonableness to the apprehension on the part of the victim‘. So this is supposedly a lord, a wealthy man and for all intent and purpose an intolerable buffoon (read: legally speaking a man who is not very nice). In support I offer R v Ireland [1997] 3 WLR 534, “The defendant made a series of silent telephone calls over three months to three different women. He was convicted under s.47 Offences against the Person Act 1861. He appealed contending that silence cannot amount to an assault and that psychiatric injury is not bodily harm“, yet in social media, empty screens have no value and the specific part “Holroyd J. to a jury that “no words or singing are equivalent to an assault”: Meade’s and Belt’s case 1 (1823) 1 Lew. C.C. 184” could also give rise that poetry and prose within social media texts could carry the same weight, allowing for less defence by the defending abuser on social media, especially if that person would try to rely on some obscure dark comedy aspect. In addition to the earlier given, as the quote included ‘£2,000 in cash for the first person‘ making it a contest (read: race to the target) and here we see again in the case R v Ireland [1997] 3 WLR 534 the issue given as ‘to fear an immediate application of force‘ now comes into play with £2,000 and with 20,000 dimes it would become anyone’s dime to relieve economic hardship, which is overwhelming to many people in the UK.

Although he has been found guilty, it seems to me that as he was acquitted from some parts. Yet these parts are part of a whole, this whole is not just his mere right of communication, it is the abusive approach he makes in all this and as such in the Mens Rea part we need to find that ‘in contact to the other and that contact was caused either intentionally or recklessly‘, well it seems to me that the published texts clearly shows the reckless part, which is evidently seen by thousands if not millions of others. Although the precise places were not given to me, a case could be made that it could have been intentional. You see, some were responses to categories. I am guessing that the ‘naughty ideas on orgasm‘ were in some ‘girly’ page or a given section on sex in for example the Guardian, as such it will be hard to prove that there was ‘intent’, yet reckless had already been established and that was enough.

In all of this there is no given defence. The options offered by the accused on the matter like “It’s not for first generation immigrants to behave the way Gina Miller did” is one I can immediately counter. She is a resident of the UK, a legal one (which has no influence), as such she has a freedom of speech, a freedom of opinion and a right to be politically aligned in any direction. As I stated, I am in opposition of her Bremain view, but it remains a valid view, whether right or wrong is in the eyes of the beholder. In her eyes I am the one with the wrong view on ‘Brexit v Bremain’. In the article (at https://www.theguardian.com/uk-news/2017/jul/11/man-jail-offering-money-run-over-gina-miller-rhodri-philipps-viscount-brexit) that started all this is also the quote “The judge added: “To some who don’t know you they would perceive the offers of bounty as menacing.”“, her honour seems to step over the issue that there were two money offering events as such there is a pattern, in the second there is the issue that in this economic day and age there is the risk that too many people would take a member of the aristocracy at their word, as such these were two oral contracts towards establishing a criminal act. The fact that I see no mention of this is actually a larger issue. In this we see a lot more at revolvy.com (not sure about the source at present regarding correctness of data). Here we see that he holds half a dozen titles, all inherited. In addition we see “Following a complaint made in November 2016, Philipps was arrested in January 2017 by Metropolitan Police officers investigating online abuse against a 51-year-old woman. In March 2017 he was charged with malicious communications with racially aggravated factors, over alleged threats against Gina Miller, the woman behind a successful legal challenge against the UK government’s intention to give notice to leave the European Union without an act of parliament“, this implies that Rhodri Philipps is an optional repeat offender, a fact that the Guardian did not make mention of.

So as I seem to have wrapped that up neat and decently tight, it seems that any upcoming article on Twitter social media and online hate speech should be thrown in the faces of any MP (literally throw that paper into their faces I mean), with the mention that unless they are a lot more consistent in their actions and silence regarding Gina Miller, they should shut the ‘eff’ up and start doing something useful for a living.

The other part that irritates me a little is the sterility of the event as the article shows. Now, from the Guardian points of view that makes sense, the reality is that this is an emotional situation and as such emotions will run high soon as such it makes sense. In addition, there is nothing wrong with the article that Julia Gregory wrote, yet the fact that I got a lot more issues, events and facts in front of me in about 5 minutes gives rise that the lack of illumination of acts that several papers show in the last 6 months regarding Rhodri Philipps, the 4^th Viscount St Davids give rise to a loosely translated ‘structural problem’ with this person and the way how he communicates. Now as stated before we all have the freedom of speech and expression, which is not in question, yet this person bankrupt three times, another implied pending case as well as.

We will hear tomorrow what the man has coming, I wonder if it will be another suspended sentence like in Germany, if that is so that the House of Lords would need to take a sitting on the situation and discuss whether a Viscount should be allowed to hold his title when there is the larger consideration that it allows the person to evade jail sentences. We can all agree that any person, living upstairs or downstairs in the mansion has rights to speak and sometimes is might be grammatically correct, yet it is a lot less refined that that of a London Dockworker; these moments do occur (we all have these issues, especially during a sports match), yet as it is seen in repetition, should a person in such an elevated position of privilege not be held to higher standards? If so, should he be allowed to keep all those titles? In the end the House of Lords would rule against my request, yet it is important to hold that conversation. Merely because this is not some revamping of words and an edited view of some interview, these are the words that he submitted to social media, ready to be seen by thousands and more. In his case we get an actual first that in the consideration of upstairs, downstairs that he is the one who should reside in the basement and the staff members on the first flow, sleeping in a lovely bedroom with a nice view.

To be regarded in high esteem is one thing, to actually live up to it, quite another. In all that it seems to me that Rhodri Colwyn Philipps, 4^th Viscount St Davids failed on every level possible, that might be seen as an accomplishment, yet is it the one we should allow for?

Leave a comment

Filed under Finance, IT, Law, Media, Politics

Tagged as 4th Viscount St Davids, Arnold Sube, Bremain, Brendan Coyle, Brexit, Brideshead revisited, Downton Abbey, Germany, Gina Miller, Hilary Clinton, House of lords, Hugh Bonneville, Ian Ogilvy Anthony Andrews, ISIS, Jeremy Irons, Jim Carter, John Gielgud, Laurence Olivier, Lord Philipps, Maggie Smith, Mario Draghi, Mark Carney, Meade's and Belt's case 1 (1823) 1 Lew. C.C. 184, Michelle Dockery, Person Act 1861, R v Ireland [1997] 3 WLR 534, revolvy.com, Rhodri Colwyn Philipps, Rhodri Philipps, the Guardian, Tony Blair, Upstairs Downstairs, Yvette Cooper

July 10, 2017 · 13:35

As the party ended

Consider a firm, it has 1.4 million employees and 4672 stores in the US. So basically this employer is employing 0.43% of the entire population that makes it an extremely large player. Now, I have been critical of this player in the past on several occasions. A player this big tends to maximise profit at the expense of whatever gets in the way. It is for all extent and purpose, the American way. So what happens when places do not make the cut? What happens when the plug is pulled? Don’t get me wrong, I will not oppose the right of this player to do that, pulling the plug is a business decision, and for the most a valid one. So when I read: ‘What happened when Walmart left‘ (at https://www.theguardian.com/us-news/2017/jul/09/what-happened-when-walmart-left), we need to ask several questions. The quote “But for the people of McDowell County – proud country folk labouring under the burdens of high unemployment, low income and endemic ill health – even such a fleeting visit to this rural backwater by the world’s largest retailer had a profound impact. Both in the arrival, and in the hasty leaving“, as well as ““All Walmart was interested in was how many millions of dollars they made, they weren’t interested in helping the community,” says McDowell County commissioner Gordon Lambert. “When they didn’t make the profit they wanted, they left.”” Here we see corporate America in action, yet in all this, should we blame Walmart? Personally I say ‘No!’, you see, this is not about what is right, it is what is correct and legal and the US government allowed and pushed for this path for the longest of times. It legally does not matter how rich the owners are, even as I have objected to the level of exploitation, my objection were based on social correctness, legally nothing wrong was done. You see, the first step to blame, if blaming is the proper word would be Terry McAuliffe, Governor of Virginia, Terence Richard McAuliffe is an American Democrat, politician and former businessman. As for the other areas, we have Joe Manchin (D) and Shelley Moore Capito (R) in the Senate, as well as Evan Jenkins (R), David McKinley (R) and Alex Mooney (R) in the House of Representatives. The question is what did they do? What options did they have for those suddenly out of work? You might think that they have nothing to do with this, yet when ONE employer has given 0.43% of the entire population a job, closing 154 stores in 2016-2017, that implies that thousands of jobs are lost, not all of them with the option to be retrenched, so at that point the House of Representatives would have needed to take a long hard look at the alternatives in stopping the creation of ghost towns and derelict business properties. We might not consider the impact or the legality, yet what would have been possible to limit the damage to some extent? There might have been a few options, yet in that certain legalities should be changing in that regard and as such the political side in all this, seems to have been largely too quiet.

The article by Ed Pilkington in McDowell County, West Virginia shows the devastating impact. Some might find it a little too emotional, yet what other side is there? If the political side remains absent, what stories of opportunity are possible? Another quote is ““The Walton family are billionaires,” she said (also no exaggeration – their collective worth is put at about $150bn). “They developed a system that just made us worse off, and then they took even that away from us.”” is not invalid, yet that shows that there is a clear political failure. We can argue the legislative side, yet as the laws are not broken, the US political branch has a clear requirement so alter certain views. It is an essential change towards any employer that has such a powerful grasp on any geographical infrastructure as the one that a player like Walmart has. We see the news on a nearly daily basis that there is a pressing need for Gag orders on search warrants, yet there is no protection on the risk of thousands of people becoming homeless. As given, there is a growing concern that the US is moving towards a phase where the ‘rights to life‘ is being removed from people. I discussed part of this in ‘Confirmation on Arrival‘ (at https://lawlordtobe.com/2017/07/04/confirmation-on-arrival/), in this “We went from governments, to organisations, we left fair opportunity behind and moved to ‘those who have and those who have not‘, and they are soon to be replaced for the ‘enablers and obstructers‘ and those who are the latter would fall into the shadows and face away.“, when we look at West Virginia, the bulk of these people went from enablers (or those who had), into those who don’t have any longer and are seen as ‘obstructers’ of profit requirements, and now? It seems that the political branch is failing these people as are the better part of the administrative side where those without a job and options fall. The issue is that under the minimalized options that Walmart was allowed to ‘hide’ behind, we see thousands of people who had no option to build any reserves, so as such their plight is even more drastic and diminishing increasingly so.

Yet, is that at present a political issue?

I think it should be, as the administrations catered to the need of maximised profit and took away levels of rational accountability, the large players could walk away. So should Walmart not be allowed to walk away? No, that would be equally wrong, yet for any company to have such a large stake in any location to this extent, means that the political players should have played for a different scenario, where the leaving party would be required to give extended severance packages for a much longer time. In addition, an alternative would be that the county would in fact confiscate all equipment from those local Walmart stores, allowing for the start-up of butchers, grocers and other shops. Small community shops that would give to some extent a longer lasting time and perhaps keep some economy going in McDowell County. Let’s face it, Walmart would have written off this stuff for the longest times. In addition, not allowing for some cheap lease option means that the shops have an actual local commitment. It might not have saved too much, but some saving could have been an option. Even as Walmart walked away because of profitability from their spreadsheet, small local businesses might still have thrived, which meant that McDowell County could see a larger prevention into becoming a ghost town. There is no guarantee here, yet in all this, how would the pressure be on places like Asheville, Hickory and Morganton and as certain start-up phases are instigated, would that also benefit those places? More important, could the negative drag be minimised in this way? Consider the quotes we see in the Bluefield Daily Telegraph, where earlier this year we see ‘Education, technology focus of Gov. McAuliffe’s visit to SWCC‘ (at http://www.bdtonline.com/news/education-technology-focus-of-gov-mcauliffe-s-visit-to-swcc/article_9a6356be-3f60-11e7-9b53-5bcd6e225a58.html), now consider the impact merely an hour away where thousands of jobs are lost. What would be the education impact, both in retaining students as well as gaining new ones? These are the real life local challenges and a strong political support system is essential in preventing such infrastructure disasters. If the impact of Walmart was so big, why allow this place to be lost, even if that means getting independent providers to retaining business? If one Walmart is a grocer, baker, butcher, electronic store, a gun shop, a furniture store, a liquor store, a sports store, a clothing store and with their large infrastructure making some profit, there is no way that small 1-2 family stores could not take over the bulk of business needed and not make a profit. What level of non-Walmart retrenching was in place? Was there any in place?

So as I go back to the article with “It was a big thing for people round here when Walmart pulled out. People didn’t know what to do. Young people started leaving because there’s nothing for them here. It’s like we exist, but we’re not existing.”“, in addition there is “She remembers the excitement when the supercentre opened. “People welcomed it with open arms, we needed the jobs,” she said“, the question is not merely the jobs, it is about the consumption and the people buying. So what if that one large box becomes a large box with 20 small stores? The building is there, the power connections are there. Could it be retrenched as a small mall? The statistics shows the decline from 100,000 to 20,000 a coal fell away, yet 20,000 people still need goods, they need clothes and food, in the end it might be cheaper for the government to consider side steps instead of letting it fall away, and in all this Walmart loses a vote of rights to property. They walked away did they not? It is a written off place and even as their accountants cannot resell or write off, they would have to accept the losses, and they walked out. There might not be a legislative option, yet there should be one, this is why the governor was my numero uno person to point at. He is el-Jefe (Just Everyone’s Friendly Executive) of Virginia and solution driver (or should be). If we can turn this around (extremely speculative), there would finally be a starting point to turn the US economy around. When the presented vulture economy is reduced to a community economy there would be a starting wave of growth. Now, do not expect this to be the actual solution, yet any waves that limits reduction can also be seen as initial growth. It is from those moves that visionaries are grown that will change that wave into actual forms of visionary retail. This has been proven again and again as places like JC Penney started in 1902. That is well over a century ago. I cannot predict what will come next, because the world will be changing in large ways over the coming 10 years, yet as I see it, the larger vultures like Walmart and Target are either transforming or on their way out, mostly they are on their way out as they are trying to consolidate maximised profit, when that happens we see truly see new places grow that are all about personalised customer interactions, and this will start with small stores. This is not about data, this is about interactions and that has forever started with a family business. You see, from the early days we saw that, for every one Mark Zuckerberg or Bill Gates there were 10 George Dayton’s. This is where the new economy will come from, not from the large iterative players, but from the small innovators. They will not merely build new business; they will keep places like McDowell, VA on the map. It is a first clear requirement for infrastructures not to lose the plot, of where they are on the map (You are here —> X), yes ‘X’ will mark the spot for the new player, and as new options are rising from the ashes, there will be economic movement, small art first, but that is how any train starts, it starts slow! This is in opposition to all those large US players who seem to live of the virtual possibility that they are all AAR Standard S-4200 trains that hold the acceleration of a formula one car. When you realise how short term, stupid, that train of thought is (pun intended), you get to see the first realisation that is drowning the US economy. For the reality is that those who not truly create are merely in the process of instigating decline.

Donald, now President Trump, stated: ‘let’s make America great again‘. In that I agree that it would be possible, yet only if certain ‘truths’ are not just adhered to, but actively supported through government. It might not save places like McDowell, VA, yet it is possible to reduce its decline and give time for the local community to see where growth could be created. It could be the starting template for other communities to follow. You see one Walmart is merely a store, a community is an optional force of nature and when fighting nature you always lose! In history the Dutch are the only ones ever to win a fight against nature and the fight they won was not getting drowned. Those dikes are merely holding back water, yet as the lowest point in the Netherlands is 23 feet BELOW sea-level and when you also consider that 21% of that nation is below sea-level and 50% is merely 3 feet above sea-level, it is one hell of a fight they did win. In the end it was one person, Cornelis Lely (1854-1929) who created the concept in 1891 that would change the war against the sea forever, merely one visionary creator!

So as the party for some of these places have ended, it will be up to the governors of their states to see what changes can be set to alter the future of these areas by first diminishing the recline and allow for time to give birth to the next visionary. They might not just save the state; they could captain a new direction for a nation that is in dire need of a few actual visionaries.

Leave a comment

Filed under Finance, Law, Media, Politics

Tagged as AAR Standard S-4200, Alex Mooney, Asheville, Bill Gates, Bluefield Daily Telegraph, Cornelis Lely, County commissioner Gordon Lambert, David McKinley, Dikes, Ed Pilkington, Evan Jenkins, George Dayton, Gordon Lambert, Governor of Virginia, Hickory, House of Representatives, JC Penney, Joe Manchin, Joe Manchin (D), Mark Zuckerberg, McDowell County, Morganton, Netherlands, President Trump, Shelley Moore Capito, Shelley Moore Capito (R), Terry McAuliffe, the Guardian, US Senate, Walmart, Walton Family

Category Archives: Law

Recent Posts

Archives