Category Archives: Law

July 8, 2017 · 14:12

Pasta Politica Rifugiata

Yes, Italian politics is at times like an Italian meal, chaotic on all levels and that is before the neighbours drop by to quickly say ‘hello’. So as the associated press is informing us on how the G20 members and their spouses are enjoying: “turbot fillet from the North Sea with spinach followed by fillet and cheeks from Friesian beef and for dessert, the guests could choose cheese or raspberries“, we see on the other side of the coin both “the European commission offered to resettle some 37,000 migrants, and relocate about 160,000 refugees from Italy and Greece. However, the Estonian authorities didn’t refer to this latest call, but rather focused on another way to deal with the issue” as well as “health workers, volunteers and police officers in southern Italian ports scrambled to identify, assist and send over 10,000 newly arrived migrants to reception facilities, the Italian government threatened to stop allowing NGO rescue ships to disembark migrants at its ports. The EU and its member states acknowledged that Italy’s capacity to host those attempting the sea crossing from Libya is reaching its limits, but did very little to help beyond pledging some additional funds and endorsing an Italian proposal to draft a code of conduct for the NGOs“, we see that the media has been lacking to commit to a decent amount of illumination of events. The latter quote from the EU Observer is directly in opposition with the Deutsche Welle as they give us “The Italian government threatens to close its ports and insists on NGOs signing up to a ‘code of conduct‘.“, so as one tells us that a code of conduct needs to be drawn up, the other one states that the NGO’s need to sign up for one. The BBC is clearly reliable and on the side of the EU Observer as they give us: “A deal has now been reached between France, Germany and Italy to tighten regulations on NGOs and develop a code of conduct” (at http://www.bbc.com/news/world-europe-40505337), yet this is not enough, the BBC also gives us: “Ambrogio Cartosio, the chief prosecutor in Trapani, said he felt that the NGOs were somehow encouraging the people smuggling trade. ‘It pushes the traffickers to load the migrants on ever more precarious vessels. They can be sure that after a few miles, they will be picked up by the ships,’ he told me. The buying and selling of people is big business and the human trafficking trade continues to become more sophisticated and organised“, which gives the alarming notion that the NGO’s are propelling human trafficking as the flesh dealers need not concern themselves with the ‘whole trip‘ maximising their profits even further.

In all this Italy, a nation that seems to be ‘jet set’ is stricken by hardship and poverty. As Italy is dealing with a youth unemployment rate of 36.9% and a total unemployment rate of 11.3%, the Italians are feeling the crunch of the cost of living. Even as the search engines are giving us on how ‘affordable’ life in Italy is, we get the clear view that it eludes these people that to meet the cost of living, one needs to have a job. The refugee crises is draining resources even faster than ever before and Italy has no clear option to deal with these 200,000 mouths to feed, with 10,000 arriving merely a week ago. So as we understand that there is a need for a code of conduct, we also need to realise that a man bleeding from the jugular might not have the strength to go over the papers before signing. Even as the amount of refugees getting in via Greece is slowing down, the rush to Italy is only picking up. The BBC article in addition shows on how massive the rivers stream of refugee is through Africa. From Somalia and Senegal, all bound for Libya and then Italy. There is in addition the security factor to consider, with this many refugees, there is no telling how many people of ill will are coming through as well. Even at 0.1% that is an optional 200 extremists. In this we see that the issues involving AISI are now escalating as well. The reality is that even as Sicily is in the Italian south, the lacking administration to register, tag and identify these thousand plus arrivals a day is now compromising the security of Italy. Let’s be clear here! I am utterly convinced that well over 99% is merely trying to escape utter poverty in Africa, that is not in question, yet the rest is optionally not and who are they? With the current situation, once in Italy their path is open to Rome and the Vatican, France, Austria and Switzerland. From there they could vanish into the wind. Apart from the need for a tagging system, there is an additional need. Not merely the need for registration, but the need for identifying the streams of how they got there and how. You see, we are all concerned about the short term issues, that most are forgetting that the facilitators of all this are in it for the long haul. We might not see any results for now, but in the long term we will get a pattern which will aid us in not merely finding the facilitators, but finding out whether it was merely cash or extreme ideology that is driving them. You might think that this is nothing and that I am making a big wind, yet am I? Consider the events of Paris; the moment any extremist would successfully create damage in the Vatican, how long would it be before someone wants the head of the head of AISI staked on a pike on the wall of the Castel Sant’Angelo?

I reckon that call comes within 24 hours of any successful event. The issue is that this situation has been around in Greece as well and so far it seems that there is no effective system in pace and all this has been going on for a few years now, so I reckon that there has been too much short term thinking in all this. So as we consider “The rest of the EU should step up to help Italy host the migrants and asylum seekers, but there is little willingness across the bloc to do this” (at https://euobserver.com/opinion/138458), as we see this, we see yet another failure of the EU, when we read: “Policymakers in Brussels grumble that the men, women and children arriving in Italy are not “real” refugees, but economic migrants – despite the fact that 43% of them are being granted protection on asylum or humanitarian grounds“, it is like watching the pot calling the kettle charcoal on ground of politically correctness. In all this Giulia Lagana is correct on several levels, yet from her point of view forgets a few sides (on perfectly valid grounds), as she looks at the facts and numbers as the senior EU migration and asylum analyst at the Open Society European Policy Institute. There are other considerations that are not on her desk, which is fair enough. In all this, as @laganagan she remains actively tweeting on a daily basis.

So what is to be done?

You see, before you can control a situation, you need to comprehend it. Now, whether the refugee is economic migrants or refugee does not seem to matter much, that person wants a better deal than they have and they will move mountains to get to a place where they could have a future. You the facilitators in all this are another matter. They have goals, and for a person to get from Senegal to Libya requires a massive trip under, at times, the deadliest of conditions. So either there is a support system in place to transport people and it is way too big a trip for one player. Or we are seeing the growth of prostitution through human trafficking in a way we have not ever see organised crime do before. Without data there is no way to tell and without tagging and identifying these people, all the people who arrive, the chances of mapping the options and possibilities, the EU targets will merely be dealing with the consequences until the stream runs dry and the EU as a whole does not have that amount of time.

So as we now see wave after wave of media stating that EU politicians are claiming that Italy is not alone, we need to wonder on what the hell they have been doing in actuality for the last 2 years. You see, Greece was already past the point of buckling and duplicating a police of Greece towards Italy should have been nearly as easy as pie, yet as we see, that was not the case. So what were they doing? So when we read as yesterday’s news that “EU interior ministers on Thursday pledged to back an urgent European Commission plan to help crisis-hit Italy, which has been overwhelmed by a wave of migrants arriving by sea from North Africa“, can we agree that these people have seemingly been doing fuck all?

In this same source (the Local Italian), we see “Central to Thursday’s talks was a European Commission plan which earmarks 35 million euros ($40 million) in aid for Rome as well as proposals for working with Libya and other countries to stem the flow of migrants“, which is a joke to say the least. In addition we see “While no new measures were adopted at the meeting, ministers expressed support for a “plan of action” presented Tuesday by the European Commission which puts in place, “better and more quickly”, certain elements previously agreed upon, according to a European source“, which reads to me like: “we need to get a plan of action, we have not put anything decent in place, but we word it to such complexity to leave the impression something had actually been done“, the media overreaction in all this is as I personally see it a mere facilitation for EU-flaccidness

In this Italy is also making mistakes. This starts with Italy’s Foreign Minister Angelino Alfano. We see this when we see “In order to lower the number of people arriving here, we must reduce the number arriving in Libya“, which is not incorrect, yet the BBC clearly shows that people are coming into Libya from Senegal and Somalia, making the issue a lot larger and cannot be done by just a group of people, this needs support from organised players. If this is not the case, that path would be covered with the cadavers of hundreds of thousands of people who did not survive the trip, which is a mere adaption of applied logic.

The second quote that does not make the cut from the same person is “If border controls in transit countries are effective, then the ‘tickets’ sold by the biggest criminal travel agency in history would lose their value and if the traffickers can’t guarantee an arrival in Europe, their travel agency would go bankrupt,” he said. So in that instance we look around corruption in Africa as well as the fact that these refugees have no internet, are in the dark, so that means that these travellers will continue to come for now. By the time there is an actual impact of incoming refugees these facilitators will have left the shores with a trunk full of cash, living the life people in Europe have not been able to afford for the longest of times.

So to some degree Angelino Alfano is correct, he just has no idea how to go about it for now and that is not something we can blame him for, yet the utter failure the EU is showing to be, there is plenty of blame that can be placed, because when we see a need for a ‘code of conduct‘ for NGO’s whilst this mess has been going on for years and with the issues shown in Greece, it seems that several members of the EU councils have been asleep at the wheel. Is that what they get paid for? #AnyoneForBrexit

These issues will impact the general elections that are now less than a year away, even as we recognise that the only EU-exit party is Northern League with Matteo Salvini, we see in equal measure that his party has no chance of winning so that risk is currently not in play, yet equally no less anti-EU Beppe Grillo is for now still a contender, yet there is no way to see how that goes and unless the refugee is properly dealt with his 5 stars will rise. Still the chance was not as high as it was in France and with their Frexit averted; Italy might not be willing to go there. In the end, Mario Renzi and Berlusconi are not willing to get out of the EU, so the refugee issues will impact them both. It the EU does not decide to get of their fat asses, things might still go wrong in a few ways for the EU, that much is at present a given, as more and more people are realising that the media is playing them for whatever reason they do, we will see a polarising view of the people and consumers. As there is a rising view of ‘Broader questions on distribution of wealth and power are being considered‘ as well as ‘voters are no longer buying the free-market talk‘ we now see that other elements will have stronger influence and in this, the people are becoming more and more distrustful of what the media regards as ‘the news’. This is not the setting of mainstream news media and these so called iPhone reporters. It is the shifting view that we get from often too carefully phrased issues, which are now more and more recognised as generalist speaking of ‘remaining casual‘ and a lack of ‘clearly communicating issues‘. Weirdly enough, that is a side that could impact Italy to a stronger degree. If either Mario Renzi or Berlusconi wants to get a landslide victory, they would merely need to drop youth unemployment rates by 3%-5% before the election that would seal the deal for them.

It will be a messy dish of grub to achieve, yet the need to get something massive done in this Italian Spaghetti drama is requiring no less. A meal might impact it, but the guarantee of a job sets food on the table for a longer time, a growing essential issue for Italians.

In this finality I go back one more time to the Deutsche Welle article. There we saw a few days ago “Joining Cochetel at the report’s launch was Eugenio Ambrosi, director of the International Organization for Migration’s Brussels office. “Let’s not forget that member states in Europe have also a code of conduct – it’s called European law,” he said, “which entails a variety of things, which includes – and I will not stop repeating it – which includes the duty and obligation to show solidarity [with refugees] in fact and not just in words.“”

As such, we see a clear given quote, which might be seen as evidence given by Eugenio Ambrosi that the EU has been lacking the required need to act in several fields regarding refugees. Even as some claim that the Migrant Crises started in 2015, there is plenty of evidence that the stream started in 2011 when Syrians were trying to flee the Syrian war. The UNHCR reported that refugees exceeded 750,000 by December 2012. So where did the overpaid people working for the EU in Brussels think that these people were going? Not to the places of plentiful Europe? Who were they kidding? So as this mess has been escalating for well over 5 years and there is a shown lack of infrastructure and support systems to deal with the escalations (as I actually also wrote about a few years ago), we see that there is a growing need for the news and the media to take an actual serious look at some of these players. They have been paid extensively until now, which would beckon even more questions.

 

 

 

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July 4, 2017 · 13:34

Confirmation on Arrival

Last week, I gave you some of the views I had in ‘Google is fine, not fined‘ (at https://lawlordtobe.com/2017/06/28/google-is-fine-not-fined/). I stated “This is not on how good one or the other is, this is how valid the EU regulator findings were and so far, I have several questions in that regard. Now, I will be the last one keeping governments from getting large corporations to pay taxation, yet that part is set in the tax laws, not in EU-antitrust. As mentioned the searchers before, I wonder whether the EU regulators are facilitating for players who seem more and more clueless in a field of technology that is passing them by on the left and the right side of the highway called, the ‘Internet Of Things’“, 5 days later we see that my views were correct, again and again I have shown that looking behind the scenes is adamant to see the levels of misinformation and betrayal. Now in ‘To tackle Google’s power, regulators have to go after its ownership of data‘ (at https://www.theguardian.com/technology/2017/jul/01/google-european-commission-fine-search-engines) we now see: “The Google workshop at the Viva Technology show last month in Paris, which brought together players who shape the internet’s transformation“, this is what it always has been about. Who owns the data? Evgeny Morozov gives us a good story on what should be and what should not be, he pictures a possible upcoming form of feudalism, all drenched in data. It is no longer just about merely data and applicability; it is more and more about governments becoming obsolete. The EU is the first evidence in this. The EU is regarded as something that is on top of governments, yet that is not the case. It seems to be replacing them through orchestration. Mario Draghi is spending massive amounts of funds none of them have, yet in all this, yesterday we see “The European Central Bank has been dealt a heavy blow after inflation in June tumbled further below target, despite extreme measures from policymakers to stoke the economic measure” as well as “Unless price rises are stronger, ECB chief Mario Draghi has signaled that he is unlikely to scale back the mammoth levels of support for the economy“, so it is he and the ECB who are now setting the precedence of spending, printing money without any value behind supporting it. So is it ‘wealth distribution‘ or ‘wealth abolishment‘?

If we agree that this economy has failed, if we believe that this way of life is no more, when we accept that ¼th of this planets population is dead in roughly 25 years, what would come next? I would not presume to know that answer, yet can we imagine that if the dollar stops, we would need something else, in that case is data not a currency?

Now, I am perfectly happy to be utterly wrong here, I am also weirdly unsettled with the notion that our money is dwindling in value day after day. Now let’s get back to the ‘view’ of Morozov. When we see “Alphabet has so much data on each of us that any new incoming email adds very little additional context. There are, after all, diminishing returns to adding extra pieces of information to the billions it already possesses. Second, it’s evident that Alphabet, due to competition from Microsoft and Amazon, sees its paying corporate clients as critical to its future. And it’s prepared to use whatever advantages it has in the realm of data to differentiate itself from the pack – for example, by deploying its formidable AI to continue scanning the messages for viruses and malware“, we see more than just an adjustment in strategy.

Yet, I do not completely agree, you see data is only truly valued when it is up to date, so as data rolls over for new data new patterns will emerge. That would be an essential need for anything towards an AI, in this Data in motion and evolving data is essential to the core of any AI. and that timeline is soon becoming more adamant than some realise.

When we consider a quote from a 2006 article relating to a 2004 occurrence “Google published a new version of its PageRank patent, Method for node ranking in a linked database. The PageRank patent is filed under its namesake, Lawrence Page, and assigned to The Board of Trustees of the Leland Stanford Junior University; US Patent 7,058,628“, we should consider that the value it has will diminish (read: be reduced) in 2024 (for Google that is). There is of course another sight that this was ‘version 2‘, so others would be able to get closer with their own version. In 6 years as the Patent ends it will be open to all to use. No matter what some have, you only need to switch to Bing for a few days to see how straggling and incomplete it is. When you realise that Microsoft has no way at present to offer anything close to it, you get the first inside of how high the current Google value is and how much it scares governments and large corporations alike.

Now we get to the ‘ground works’ of it. From this we can see that Google seems to have been the only one working on an actual long term strategy, an event that others have stopped doing for a long time. All we see from Microsoft and IBM has been short term, masquerading as long term goals with 70% of those goals falling into disrepair and become obsolete through iteration (mainly to please the stakeholders they report to), is it such a surprise that I or anyone else would want to be part of an actual visionary company like Google? If Google truly pulls of the AI bit (it has enough data) we would see a parsing of intelligence (read: Business Intelligence) on a scale never witnessed before. It would be like watching a Google Marine holding a 9mm, whilst the opposite is the IBM Neanderthal (read: an exaggeration, the IBM would be the Cro-Magnon, not Neanderthal) holding a pointy stick named Watson. The extreme difference would be that large. In all this governments are no longer mentioned. They have diminished into local governments organising streams of data and facilitating consumers, mere civil servants in service of the people in their district. Above that, those levels of workers would become obsolete; the AI would set structures and set resources for billions. 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.

Am I Crazy?

Well, that is always a fair argument, yet in all this, we have Greece as an initial example. Greece is possibly the only European nation with a civilisation that would soon become extinct twice. So as we see reports of lagging tourism revenue, on top of high regarded rises in GDP, rises we know that are not happening as the revenues are down by a larger margin (source: GTP), Greek revenue is down by 6.8 percent, which is massive! This gives stronger notions that the ‘beckoning of Greek bonds‘ is nothing more than a façade of a nation in its final moments of life. The fact that the ECB is not giving it any consideration for its trillion spending could also be regarded as evidence that the ECB has written off Greece. So tell me, when was the last time that nations were written off? Some of the press is now considering the works of former ‘rock star’ Yanis Varoufakis. Yet in all this, when did they actually change the landscape by investigating and prosecuting those who got Greece in the state it is in now? In the end, only the journalist releasing a list of millionaires pulling their money out of Greece, only he went to prison. So, as such, Greece is a first step of evidence that governments are no longer the powers they once claimed they were, and as less and less government officials are being held to account when it comes to larger financial transgressions is also a factor as to why the people of those nations no longer give them any regard.

The second view is in the UK, here we see ‘U.K. to End Half Century of Fishing Rights in Brexit Slap to EU‘, in this Bloomberg gives us “Prime Minister Theresa May will pull Britain out of the 1964 London convention that allows European fishing vessels to access waters as close as six to twelve nautical miles from the U.K. coastline“, in here we also see “This is an historic first step towards building a new domestic fishing policy as we leave the European Union — one which leads to a more competitive, profitable and sustainable industry for the whole of the U.K.“, which is only partially true. You see, Michael Gove has only a partial point and it is seen with: “Britain’s fishing industry is worth 775 million pounds and in 2015 it employed 10,162 full-time fishermen, down from about 17,000 in 1990. In almost three decades, fleet numbers dropped a third to 6,200 vessels and the catch has shrunk 30 percent“, the part that is not given is that from 1930 onwards engineering made massive strides in the field of ship engines, not large strides but massive ones. A ship, and its crew can catch fish, yet it is the engines that allow for the nets to be bigger and for the winches to be stronger to hoist those filled nets. In the ‘old’ days 2000 horsepower was a really powerful vessel, which amounted to 1.5 megawatts. Nowadays, these boats start at well over 300% of what was, so not only are the ships larger, can hold more fish and pull more weight, these ships are also getting more efficient in finding fish. I personally witnessed one of the first colour screen fish radars in 1979. In this field technology has moved far beyond this, almost 4 decades beyond this. If there is one part clearly shown, than it is the simple fact that technology changed industries, which has been a given for the better part of three generations. Not merely because we got better at what we do or how we do it, but as fishing results show that catches has been down by 30%, there is the optional element that there is less to catch because we got too efficient. It is a dwindling resource and fishing is merely the first industry to see the actual effects that lack of restraint is leading to.

So when we see a collapsed industry, can we blame governments? Who can we blame and is blame an actual option? In this, is there any validity in the fact that this part of government has surpassed its date of usefulness? Perhaps yes and there is equal consideration that this is not the case, yet the amount of consumers remains growing and as available resources go down we see the need for other solutions.

This is merely a first part. As we now move into the US and their 4th of July part, I will now look at other sides as well, sides we stopped considering. You see, there is opposition and it is growing. CNBC gives us one side to this with ‘Google Deep Mind patient data deal with UK health service illegal, watchdog says‘ (at http://www.cnbc.com/2017/07/03/google-deepmind-nhs-deal-health-data-illegal-ico-says.html), three points were raised. “A data sharing deal between Google’s Deep Mind and the U.K.’s National Health Service “failed to comply with data protection law“, the U.K.’s Information Commissioner’s Office (ICO) said“, “The deal between the two parties was aimed at developing a new app called Streams that helped monitor patients with acute kidney disease” as well as “the ICO said that patients were not notified correctly about how their data was being used“. Now, we can agree that an optional situation could exist. So does Elisabeth Denham have a point? For now let’s agree that she does, I would reckon that there has been a communicative transgression (this is how she plays it), yet is she being over formal or is she trying to slice the cake in a different way? The strongest statement is seen with “For example, a patient presenting at accident and emergency within the last five years to receive treatment or a person who engages with radiology services and who has had little or no prior engagement with the Trust would not reasonably expect their data to be accessible to a third party for the testing of a new mobile application, however positive the aims of that application may be.” OK, I can go along with that, we need certain settings for any level of privacy to be contained, yet…..there is no yet! The issue is not Google, the issue is that the data protection laws are there for a reason and now, it will hinder progress as well. As health services and especially UK NHS will need to rely on other means to stay afloat as costs are weighing it more and more to the bottom of an ocean of shortage of funding, the NHS will need to seek other solutions that will set an upward movement whilst the costs are slowly being worked on, it will take a long time and plenty of cash to sort it out, Google is merely one player who might solve the partial issue. Yet, the news could go in other directions too. Google is the largest, yet not the only player in town, as people seem to focus on marketing and presentations, we see IBM and to the smaller extent Microsoft and we all forget that Huawei is moving up in this field and it is gaining momentum. The cloud data centre in Peru is only a first step. It is only the arrogance of Americans that seem to think that this field is an American field. With Peru, India and China, Huawei is now active on a global scale. It has hired the best of the best that China has to offer and that is pretty formidable, There is no way that Huawei could catch up with Google in the short term, yet there services are now in a stage that they can equal IBM. As we see a race for what is now at times called the IoT landscape, we see the larger players fight for the acceptance of ‘their IoT standard’, and even as we see IBM mentioned, we see clearly that Google has a large advantage in achievements here and is heading the number of patents in this field, as Huawei is pretty much accepting the Google IoT standard, we see that they can focus on growth surpassing IBM, Qualcomm and Intel. In this Huawei will remain behind Apple in size and revenue, but as it is not in that field in a true competitive way Huawei might not consider Apple a goal, yet as they grow in India, Huawei could surpass the Tata group within 2 years.

So how does this matter?

As we see the steps (the not incorrect steps) of Elisabeth Denham, the acts as we saw in the Guardian on how regulators are trying to muzzle and limit the growth and activities of Google, how much influence do they have with Huawei? Even as we see that Huawei is privately owned, there have been a few articles on Ren Zhengfei and his connection to the Chinese military. It has spooked the US in the past, and consider how spooked they will get when Huawei grows their service levels in places like Greece, Spain and Italy? What will the EU state? Something like “your money smells, we will not accept it“. No! The EU is in such deep debt that they will invite Huawei like the prodigal son being welcomed home. So whilst everyone is bitching on how Google needs to be neutered, those people allow serious opponents and threats to Google’s data future to catch up. Huawei is doing so, one carrier at a time and they are doing it in a global way.

So as we see all kind of confirmations from media outlets all over the world, we seem to forget that they are not the only player in town as their growth in EU nations like Spain with a new android base Set Top Box (STB), Huawei just now becomes the competitor for Telefonica, Vodafone and Orange, implying that it now has a growing beach head into Europe with decent technology for a really affordable price. In a place where they all complain on how there is no economy, Huawei is more than a contender and it is growing business where others had mere presence and sustainable levels of revenue. It is merely a contained view on how the EU regulators seem to be fumbling the ball for long term growth, whilst handing opportunity to China (read: Huawei), who will be eagerly exporting to Europe the products they can.

In all this, CoA can be seen as a mere confirmation, a Course of Action by regulators, the Court of Appeal for Google, the Cost of Application for Huawei, the Coming of Age for Business Intelligence and the Center of Attention that Google is calling on themselves, whether intentional or not does not matter. We are left with the question whether at this point, the limelight is the best for them, we will leave that to Mr. Alphabet to decide.

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June 27, 2017 · 14:07

Betrayed by government?

That is how you should feel in the UK. This is not some issue with the conservatives, I myself am a conservative. The issue is on both sides of the isle. That issue was shown to be very much the case yesterday in an article by Robert Booth titles ‘Tower cladding tests after Grenfell fire lack transparency, say experts‘ (at https://www.theguardian.com/uk-news/2017/jun/26/tower-block-cladding-tests-after-grenfell-fire-lack-transparency-say-experts). Yet, Robert is skating around a few issues, and he should be confronted about this. You see, I covered a few of them three days before that and it took less than an hour to get those facts, they are out in the open. I published them (at https://lawlordtobe.com/2017/06/23/under-cover-questions/), with the actual brochure. You see, the Arconic brochure, which I had in the article as well. Stated: ‘it is perfect for projects less than 40 feet high‘. So please give us the name of the project manager who allowed for this cladding to be chosen, please give us his/her name. So when I read “The communities secretary, Sajid Javid, announced on Monday that samples of aluminium panels from all 75 buildings that had been sent for fire retardancy testing had so far “failed”“, I am not that surprised as the Arconic brochure states on page three ‘a polyethylene or fire-retardant compound’, so which is it, because polyethylene is a combustible element, so there must have been two options here. And there is, you see whoever made the choice chose the Reynobond (PE), which is the combustible edition, that is what earlier news gave us. So in that case, who signed off on that idea?

The actual Arconic leaflet gives you this information BEFORE purchasing. So when Robert gives us “The Department for Communities and Local Government (DCLG) asked councils to cut samples of at least 25cm x 25cm from the cladding of towers and send them to the Building Research Establishment (BRE) at Watford for testing but has not said if the tests show whether they meet a British standard test” I wonder who are they kidding here. My question would be ‘Did the DCLG know that they were enabling their buildings to become Roman Candles with the option to kill anyone inside that building?‘ it is not really the same question, yet with Grenfell, we have the ‘evidence‘ to the better extent. The next part is even more hilarious, although not on the side of Robert Booth. The quote “Experts have warned that far more comprehensive tests on the entire cladding system are needed to establish if buildings are as at-risk as Grenfell was, including the insulation and design details such as fire stops. The shadow housing secretary, John Healey, told the House of Commons that “cladding is not the whole story”.” You see, here John Healey is as I personally see it the joke and it will be on him. There is indeed more than Cladding, yet the Celotex RS5000 seems to hold water as there are comprehensive fire tests, as one would expect and the brochure does not beat around the bush. They are giving the reader the test names, what and how it was tested. Unless specific combinations crop up (which is possible), the French firm who resides in Saint-Gobain did a decent job. Although in the last days there is an update that they are withdrawing their materials for any project on buildings that are taller than 18 metres. That is a fair step to take, yet with the possible impact this offers, certain parties could under common law now find themselves in a torts case for loss of economic value and losses, which could be a very large amount. This is what a lack of transparency gets you and Robert Booth does point that out. And yes, after my article, Celotex gives us “Celotex is shocked by the tragic events of the Grenfell Tower fire. Our thoughts are with everyone affected by this devastating human tragedy. We have been supplying building products for over forty years and as a business our focus has always been to supply safe insulation products to make better buildings.” I find that acceptable. Their brochure is to the point, gives us a lot of good and the architects should have had the info they needed as well as a handle what else to ask for or what else to test for. At present, unless there are inconsistencies or misquotes, the work of Celotex is all above board and all good (me speaking as a non civil-engineer). The second person now under scrutiny should be Barry Turner as we read: “Barry Turner, director of technical policy at Local Authority Building Control, which represents council building control officers also asked: “I would like to know just what tests these panels are failing.”“. You see, in opposition I would ask, what tests were performed, how was testing done and who signed off on that? Again Arconic gives us in their own brochure: “the ASTM E84 test” and it passed with a Class A. Yet, that test involves a horizontal test sample’, so how horizontal was the Grenfell tower when people were living in there? Perhaps a vertical test would have been needed. I am merely going for broke with the questions. Of course the press will soon focus on the ‘savings of £1.5 million‘ yet I wonder if there is a real story there. It could be, but I am not convinced. You see, the directive to choose away from the initial builder as to the why, and the shown facts beyond the mere cost saving that will impact it all. In addition, the fact that the cladding was done to appease the luxury flats around that building is another matter for discussion. You see, when a building was safe enough, adding a fire hazard means that those requestors can also be interviewed very visibly now. They wanted a better view, so how was that view on June 14th? Yet we see little of that in the article. At this point, Robert gives us a gem, one that is interesting. The quote “The London Borough of Hounslow, where the Clements Court tower failed the DCLG test, panels are being “swiftly” removed, but the council stressed: “The insulation material behind this outer cladding is a ‘Rockwool’ material which is a non-combustible product, unlike the case of the Grenfell Tower, where the insulation was a combustible type“. You see, when we look at the RS5000, we see “Due to its excellent thermal insulating efficiency at service temperatures ranging from -297°F to +300°F, polyiso foam has become the standard for low temperature insulation applications“, this is the information we get on ‘Polyisocyanurate Foam‘ which is what is used in RS5000. So who are the members of that council, can we get names please? With the encountered allegations that go nowhere, we do not seem to get any names, so shall we get all the members of the Borough of Hounslow in the dock and ask them some questions? The fact that the insulator seems to fail is that vertically burning polyethylene (Raynobond PE) tends to go beyond 300F really fast, and we can agree that under normal weather conditions, the temperature of 150 degrees would never be met, would it? The final quote to look at is “One architect responsible for some of the projects where cladding has been ruled to have failed, asked: “What are they testing to what standard? This could be a massively costly and disruptive error to thousands of residents.”“, what standard? Well the one that does not burn people to a crisp would be nice. And if it is a costly, does that not make the test still valid? Also the given term “’costly and disruptive error’ to thousands of residents” by that architect? Perhaps his comment was taken out of context to some degree, but it still leaves me with questions. The disruptive error we see now is that those people who died do not complain, the ones burned and still living will complain as will their family members. The fact that I as a non architect, with limited firefighting expertise (a remnant of my merchant navy and marine rescue days) was able to question the validity of choosing Raynobond PE the moment I had gone through their 7 page marketing brochure. There remains an option that there are questions regarding the Celotex RS5000, yet with the massive failure that the cladding was, the insulator has no real way of proving itself. All this was obtained from merely watching 30 seconds of news film and one product brochure. In that we see that over half a dozen councils need to reassess their values and choices as we now see that changes made in haste are done in Liverpool, London, Plymouth, Salford city and Camden. I reckon that a few more are to follow before the week is out. In all this I love the BBC radio 4 quote the best: “Cladding is being removed from three tower blocks in Plymouth, which were found to have the lowest possible fire safety rating“, how does one consider going for the LOWEST possible fire rating? It almost sounds like a Victorian advertisement: “Pay rent until the day you die, we offer both in our places of settlement!”

Grenfell is showing clearly that the focus of the government failed, not just this one, both Labour and Conservatives are equally guilty here. Having seen the paper trail as a foundation of non-clarity for far too long, I wonder how this was not brought to light a lot earlier. The complaints from the people in Grenfell can be used as evidence in this case. This time it got a lot of people killed and as he Tottenham MP, David Lammy stated the term “corporate manslaughter“, it leaves me with two things that you all should consider carefully. The scope implies that it is not just corporate and there is every chance that MP’s and council members could share the dock here in court. The second one is that when the evidence shows that it was about cutting costs at any expense, we see that with the BBC4 radio part. Is it still manslaughter, or does it become murder? Is leaving people in death-traps, with such intend manslaughter, or should we call it the way it is “casualties for the sake of profit margins“. There is no common law part in law or in UK cases to make this an actuality, but perhaps it should. Perhaps it is time to make that change, if only to stop greed to some degree, because 149 victims in one building would sanctify such a change in law. The government that does not give that honest consideration in both the House of Commons and the House of Lords during at least two sittings each is betraying the trust you bestowed upon them. This is now becoming a job for the Law Lords and as the blogger Lawlordtobe I call upon them to make the UK a safer place to be.

 

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June 23, 2017 · 15:20

Under cover questions

Yes, it has been a week. When the fire was first reported I steered clear. It was a fire. What was weird was the ferociousness of the fire, I had questions from the moment I saw the fire, but I waited. I had no Intel, I had no facts and it was a fire after all. Fires happen. Yet, those who saw the limelight seeking photos from the Telegraph might have noticed a thing or two. You see, the fire was like a fire that Hollywood could not do. The Towering inferno was not that intense. The fact that the fire had a casualty list that is massive is also an odd part in all this. So I decided to wait, I would not be the one shouting arson on something that was not that. The consequence is a little too unsettling. Yet now, a week later I found myself collecting what I could. It started with the noise on cladding.

The first thing I found was a similar issue in Victoria, Australia. On April 30th 2015 we see: “Testing conducted by the CSIRO in mid-April on behalf of MFB found that the Alucobest cladding material installed by building company failed to comply with high-rise combustibility requirements“, in addition there is “The external cladding material on this building did not prevent the spread of the fire as required by the Building Code of Australia,” said MFB chief officer Peter Rau“. It was a fire that happened in 2014. So these events had been happening for years. This now gets us to Rydon Ltd in East Sussex. They got the job, because they were £2.5 million cheaper. Like in the Towering Inferno, that place went down in the story because of cutting corners. So my initial thought was that this might be the case here too. The question is ‘Was that the case?‘ You see, it is all good and fine in books, but the reality is how were the materials tested, how did the makers of the original cladding present their materials? One of the parts is ‘Celotex RS5000 PIR thermal insulation‘, when we look at those specification we see: “Fire propagation ‘BS 476: Part 6′, Pass” and “Surface spread of flame ‘BS 476: Part 7′, Class 1“. It comes with the footnote “The fire performance and classification report issued only relates to the components detailed above. Any changes to the components listed will need to be considered by the building designer”

The entire issue becomes more of a mess when we consider that ITV business editor Joel Hills stated that he had been told that the installation of sprinklers had not even been discussed (at http://www.itv.com/news/2017-06-15/grenfell-tower-original-proposed-contractor-was-dropped-to-reduce-cost-of-refurbishment-project/), the ITV article focusses on the ‘cost saving‘ which is correct, yet the one part they do not raise is whether the materials were up to scrap. In addition they do mention two parts that are essential. One is “In 2013 the government wrote to every local authority to encourage them to retrofit sprinkler systems in older tower blocks. It did so at the request of a coroner who leads an inquest into a fire in Camberwell in which six people died“, the second one was “Before passing judgement on whether the Kensington and Chelsea Tenant Management therefore acted irresponsibly, bear in mind that, according to the British Automatic Fire Sprinkler Association, only 100 older tower blocks in Britain have been retrofitted with sprinklers since 2013. Around 4,000 have not“, the councils were apparently put off by the costs, which in this was about £1150 per apartment. We read more about these tests as presented by Celotax (at http://www.ecosafene.com/EN/firetesting/building/228.html), so we get some clarity here. Yet the surface flame test (BS 476-7, linked in the referred page), gives us “Extinguish the pilot flame 1 min after the start of the test“, yet these numbers will not add up, because there were no sprinklers, no dousing the flame, so the entire operation will be working on different elements. This does not invalidate the test, yet if I look at the Ecosafene site I am now looking at ‘BS 476-15：Fire Tests on Building Materials for Measuring the Rate of Heat Release‘ as well as ‘BS 476-5 Fire Test to Building Material for Ignitablity‘, you see, this caught fire somehow, after that Bob is your crispy dead uncle (in this case). Yet in all this, we did not mention Celotex. Their site gives us “As with the rest of the nation our thoughts continue to be with those affected by the terrible fire at Grenfell Tower in London. On Wednesday, as soon as we were able to, we confirmed that our records showed a Celotex product (RS5000) was purchased for use in refurbishing the building. We wanted to provide an update to that statement and provide further information as we are able to. It is important to state that Celotex manufacture rigid board insulation only. We do not manufacture, supply or install cladding. Insulation is one component in a rain screen system, and is positioned in that system behind the cladding material“, It is what we now see in the Metro that kinda takes the biscuit. “Controversial cladding was added to Grenfell Tower in part to improve the view for nearby luxury flats“, which must have been a nice clambake to watch I reckon. It is the term ‘Controversial cladding‘ that now becomes the focus. You see, the Birmingham Mail and others are all about: “Grenfell Tower £8 million refurbishment ‘met all required standards’“, yet the fire does seem to tell a different story. The Guardian has another article linked to all this. The article ‘Complex chain of companies that worked on Grenfell Tower raises oversight concerns‘ (at https://www.theguardian.com/uk-news/2017/jun/15/long-builder-chain-for-grenfell-a-safety-and-accountability-issue) gives a few items a few answers and more questions. In opposition I need to give the quote “Ben Bradford, a fire safety expert who is managing director of the risk consultancy BB7, said the multiple links in the chain of contractors could cause safety problems. “There are probably multiple failings that have occurred in this particular case,” he said. “The work, in terms of fire stopping, often falls to a sub-contractor. They don’t always realise the critical nature of the components they’re installing in the overall system“, I have an issue here. It is not untrue what he is stating, yet the elements on the page give us a little clarity. You see Rydon used Harley Curtain. This setup is not unique. Rydon cannot afford the amount of people needed, hence a subcontractor is used. They would work according to the requirements of Rydon. That link is seen with the subsequent links to Celotex and Arconic. So Celotex is the insulator and we saw all those links, yet now the actual cladding remains. ‘Reynobond PE‘, in the end Rydon had to sign off on that, in clarity, at present Rydon is the responsible part (until valid defence is given). You see, when we go to Arconic, we see “Reynobond PE features a polyethylene core that adds strength and rigidity to the coil-coated aluminium panels. This maximizes its flexibility and formability, while maintaining a light weight for easy installation“, you see, when I went to High School (early 70’s) I was told that polyethylene was combustible, it is a common trait in the polymer group as they are all inflammable family members. You see, perhaps it is just me, but the brochure states: ‘building code recognition‘, is that the same as passing a test? The tests Canadian fire tests CAN S101, CAN S102 and CAN S134 are a nice mention, yet the idea that an AMERICAN company is relying on Canadian fire tests got me thinking. I have not found the answer; I am merely puzzled by it. The question is what did Rydon know on that part? They are supposed to be the expected experts, I am not!

The question still gives us a concern, you see the fact that the outside got to play the part of Roman candle is one side, at that point the sprinklers inside the building would have been pretty useless at that point. What is interesting is the mention on page 5 of the brochure: “It’s perfect for new and retrofit projects less than 40 feet (three stories) high” This is an interesting part because the ‘why‘ comes into play, why only 3 stories? That part becomes a point of discussion, as page three shows a 7 story high building in the images. On page 6 we see the safety rating form flames and smoke as a pass with Class A as per ASTM E84. That part revealed two elements. One is the mention ‘This test method measures flame growth on the underside of a horizontal test specimen, using the Steiner tunnel test‘, the operative word is ‘horizontal‘, the next one is shown (at https://www.astm.org/Standards/E84.htm), here we see “This test method exposes a nominal 24-ft (7.32-m) long by 20-in. (508-mm) wide specimen to a controlled air flow and flaming fire exposure adjusted to spread the flame along the entire length of the select grade red oak specimen in 51/2 min“, in addition they do not give ‘measurement of heat transmission‘, which seems a pretty important element in VERTICAL applied cladding, as flames tend to ignore gravity and move upwards adding to the temperature, for those extra crispy roasted victims. More important the ‘effect of aggravated flame spread behaviour of an assembly resulting from the proximity of combustible walls and ceilings‘ and as polyethylene is combustible, we now have an issue. From my point of view, if Rydon signed off on this there is an issue. Yet more important, the fact that there is documentation that goes back to 2014 in Australia and there are a number of buildings in London that have this issue, London Town there is a much larger issue in play. Now, we see that everyone is bashing Theresa May, and as she made me no Bundt cake I am fine with that. Yet this is a long term failure. It has an impact on several administrations on both sides of the political aisle. There is a clear call, one made by MP David Lammy in the Independent (at http://www.independent.co.uk/news/uk/politics/grenfell-tower-fire-corporate-manslaughter-arrests-david-lammy-mp-labour-london-kensington-a7790911.html). I agree that ‘corporate manslaughter‘ is more than a fair call. As the Tottenham Labour MP states this, there is a call for the executives of Rydon to explain and show their elements in all this. They should be in defence mode and it could result in their arrest if clear evidence of negligence is found. The elements I found clearly support that and that is merely the 45 minutes getting through some of the brochures and going through the fire tests. You see, the earlier quote from the Birmingham Mail with ‘met all required standards’ does not hack it in my view. I found three issues in mere minutes, so we either have a systematic failure of government allowing this to continue (even more damning in light of the concerns from the occupants that had been going on for some time), the other side is that underlying communications might or might not exist. There is no way to tell until this is brought into the open. David Lammy might not ‘name’ anyone, but I did, and they should be named. Yet that also means that they can and should defend themselves as they might not be the guilty party, but no matter what, they are to a larger extent, the accountable party until properly investigated. And this is not because I am trying to have a go at Rydon, I want this to come out into the open. The failure that we saw burn is just one of several buildings where cladding has been applied to, and as the train wreck is pushed into the limelight carriage after carriage, only then will we see the complete extent of the failure and there is no ‘walk softly’ that option has been taken away by the dozens of fatalities. A little limelight is the least of the problems these people need to face.

Even as we saw the ‘cost saving‘ there is still going to be a backlash to KCTMO, you see, they made a call on the cheaper option, which might be fair, but why was the ‘other‘ solution cheaper? When those elements are brought to the surface there will be questions as they tend to come, fair or not. This all gets to get political soon thereafter as we saw the ‘reasoning’ of ‘improve the view for nearby luxury flats‘, you see, I am not buying a Versace suit so that I look more appealing to my neighbour. She (and he) can bloody well move to Knightsbridge and get a more expensive view there. Yet, that is just me.

rs5000_productdatasheet_aug16

Reynobond_Brochure

 

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June 22, 2017 · 13:43

Sex Driven Developers

There are always ways to find weaknesses in government; there is a decent chance that we find them on a daily basis. Yet, how must we react when the foundation of those making the decisions are now in a runt of enabling? What happens when the government first decides on cyber rules for the safety of all whilst opening a bordello around the corner so that those in dire need of affordable housing are getting screwed over?

This is what is on the goose feather of Julia Kollewe as she dipped it into the ink jar and gave us ‘Battersea Power Station developer slashes number of affordable homes‘ (at https://www.theguardian.com/uk-news/2017/jun/21/battersea-power-station-affordable-homes-almost-halved-by-developer). She is trying to wake up pretty much everyone with this and it should wake us all up. You see, the next decade is about the dire need of affordable housing, London is in danger of alienating the very population that is the means for its survival. You see, in my mind, greed is not a ‘technical issue‘. Greed merely is and never goes away. A technical issue is when you get the cement batter wrong in one shipment, a technical issue is when you are looking at a square and you calculated for 5 corners. When you have a £9 billion project and you have to redesign 40%, you are in my humble opinion screwing people over for your need of greed and profit whilst ‘putain‘ the 250 people now left outside in the cold (pardon my French). So as we see that someone clever from these Malaysian investors, are now trying to maximise profit by slashing the affordable housing part as we read: “The affordable home proposals amounted to 15% of the total 4,239 homes planned, which included luxury pads ranging from £800,000 for a studio atop the former power station to £4m for a four-bedroom flat (the three penthouses have yet to be priced).” there is no other option but to fight back. In this there are two options left to the government. One is to get the list of investors and they are to be banned from any other real estate investment in the UK for 5 years. The second option would be that if the apartments are uninhabited for over 40% of the time, there must be a large service surcharge to the building services. Once that these investors have to report these surcharges in the upcoming sales bill, they might have to let slip some of their expected profits. In all this, the ‘compensation‘ of mentioned “build the 386 affordable homes three years earlier than previously envisaged, which means residents will receive their keys in 2020. They will be located in apartment blocks near the power station“, is only a small band aid, because it is not just about time, it is about space and location, the space of 250 apartments is now gone! We sometimes state that no man is an island, but the UK kind of is, so that means that once the space is gone, it is definitively gone. We also get the quote “an assessment of the profits the developer expects to make. Independent adviser BNP Paribas advised the council that it is “very unlikely” that the 250 homes will materialise“. So when we see this ‘independent’ party. Have they been on this project from the very beginning? You see, if that is true than we see a feigned level of incompetence. From my point of view, BNP Paribas is not just the largest bank in France; it is one of the largest banks in the world, so when they make an £9B ‘oopsie’, something else is going on. From my speculated view is that they had made for whatever plan they could offer so that they could get the project, whilst down the track they adjusted the view to get the results their investors needed and submitted the new plans so that they end up getting what they wanted in the first place. I cannot tell how deep BNP Paribas is into this as ‘Independent adviser‘ implies that they could have been called in down the track, not initially. In support of this view the article also gives us: “Keith Garner, a local architect who has campaigned against the Battersea project for years, said: “Underlying it, the financial model is all wrong. A developer-led project to conserve, repair and bring back in to use a famous London landmark is turning in to a predictable disaster“. This now gives us two parts. The first is that this is not just coming to view and even as the lord Mayor Sadiq Khan is only now coming into view, his administration as well as the previous one, will now need to show clearly that due diligence was maintained throughout the project including the view and calculations before approval was given. This puts Boris Johnson equally on the hot chair as his team comes under scrutiny. If we are to maintain the push for affordable housing, we cannot accept screw ups of this magnitude. Because once the cashable buildings are gone, it is over and no other option remains. It is the curse of sitting on an island. Keith Garner has been vocal in the past, going back even before January 2015, yet from this point onwards we see Keybridge House in Vauxhall where only 4.5% became affordable (19 out of 419), it seems to me that when we tally that part the failure is a lot larger than most realise. Even then there was a list for the PowerStation with a setting of ‘3,444 new homes at the power station 560, or 16%, will be affordable‘, so the list got slashed before and it got slashed again. Actually, the numbers changed as 3,444 became 4239, so there has been more ‘revamping’ it seems that a project this much in flux implies that certain elements were either never set or set in a questionable way. Now, we get that things change, there are always details that need ‘alteration‘ yet when you ‘suddenly‘ add 795 apartments (which under normal conditions seem to be 2-4 additional towers, we should agree that ‘questionable‘ is very much the better word to use (without getting to rude and rely on the ‘putain’ word).

Another issue is seen in “Officers appreciate the level of stresses a scheme of this size and complexity has and that the main priorities of the scheme have been the conservation and redevelopment of the listed power station building, the delivery of the Northern Line extension and new underground station and the jobs to be created as part of the new town centre“, you see, as investors are always happy to sue the pants of any official, the mention of ‘delivery of the Northern Line extension and new underground station‘ is not a problem to the Malaysian investors, so if the UK government had impeded the development of an agreed project, the government get the invoice. So there is now the implied issue that there was a mere trade off and 250 affordable homes were scrapped. Is that not a view you would envision? In addition ‘jobs to be created as part of the new town centre‘ sounds nice, but how is that part of the powerhouse building project? So as this all comes to heads in “A report by the Wandsworth council planning officer recommends that the proposals be approved, ahead of a meeting of the planning committee on Thursday evening“, there is the speculated issue that the Wandsworth council made a right mess of things and they are trying to appease the situation so that they keep their jobs and possibly avoid the wrath of parliament, there was just the need to scrap housing for 250 people who desperately needed them.

So, feel free to object and oppose my way of thinking, but that is how I see it. I understand that the UK needs economy, it needs houses and it needs jobs, but when a limited resource is wasted to this degree we need to ask questions loudly and there needs to be the revision of policies to make certain that affordable housing remains at the top of the list, and remains the top priority of the list of achievements. Yet in the last 2-3 years, there is additional evidence growing that what was a desperate need is ignored by those, because it does not really impact them.

Yet the 2015 article also gives some opposition. We see this in “Tony Travers, director of the Greater London group at the London School of Economics, says: “In fairness, the developer is being required to pay for a lot of other things. The land has to be used very intensely to produce enough yield to pay for the things that the government used to pay for.”“. OK, this is fair enough. My response would be: ‘I agree, but that is the assessment of an investment opportunity. The numbers are done and in the end it is either feasible or it is not!‘ So the investor could have walked away from it. If the government had found the £9B, it has the option to do it themselves, with a very different balance, and perhaps with only one penthouse, the other 2 could have become 3 3-bedrooms apartment each. In addition, as it is now less about profit, there could have been 900 affordable houses instead of the 636 initially envisioned. As I read the articles over time and the sources given, it seems to me that orchestration might have been at the centre of things from the beginning. That feeling is gotten from ‘The land has to be used very intensely to produce enough yield to pay for the things that the government used to pay for‘, you see, like some naval projects, where voting for adjustments is often much better than being the messenger on a failed project, because those investors would sue, and the eagerness of the Wandsworth council implies to some degree that there would be a case and a court settlement of £9B might not be the best way to go forward. And as we see in the past “Many flats were sold off-plan and, still unbuilt, are back on the market at higher prices. Just before Christmas one unbuilt studio flat in the power station, which had sold for close to £1m, was back on the market for £1.4m. Last week, estate agent Chestertons was reported to have other unbuilt flats on the market for £865,000 – £150,000 more than their original asking price” implies that investors are getting rich fast, so the entire drop of 250 affordable apartments is becoming more and more of a debatable issue.

Yet the final issue not seen in the latter article is most damning on both the houses of Sadiq Khan and Boris Johnson. The quote “the lack of a master plan for the area” is damning because it implies that the area could lose its identity, and I am willing to buy either a coffee with a cream cheese bagel with Salmon if they can clearly oppose the drop of value for the loss of identity validity. Those who truly move to London want to be in an area. They want to be part of Islington, Hammersmith or Chelsea. Some will prefer Southwark because of Hay’s galleria, yet in reality they might just do it because the hookers give much better value in that borough. Whatever reason we hear the identity of the place matters. And this requires a clear master plan. to some degree when it is in the hands of foreign investors, things go into flux, yet a clear master plan is essential the prevent London of becoming an anonymous place of chaos.

In this we remain at minus 250 apartments. You see, no matter how grand it all looks, the immediate need for infrastructure is simple. When the people have to travel too far to work, the job will no longer be a feasible solution. Even as some are pointing to an extension of the Northern Line, the simple truth is that it is an additional 15 minutes, meaning that some people will travel 90 minutes each way to get to (or from) a place where they can afford to live, on top of that travel costs are rising too. So the new place ends up being a ghost town without infrastructure. How is that an interesting investment when some could go in and out of this ghost town to burglar it into heaven as they get to do that unopposed? How many paintings and electronics need to be removed before the investors seek another place to go to?

All elements that seem to have been missed, all part of a master plan not in place and all linked to investment and economic plans that might have been dubious from the beginning. As I personally see it, a lack of long term oversight, checks and balances all cast aside for the quick profit and the marketable view of mentioning, to merely look good. And now Lord Mayor Sadiq Khan has the mess on his plate and he gets to see what might be salvaged, because when I see ‘A report by the Wandsworth council planning officer recommends that the proposals be approved‘, I wonder what has not hit the light of day yet and what else has to be sacrificed (or additional costs received) in the next upcoming year. Would you not wonder (read: worry) about that very same thing?

 

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June 21, 2017 · 13:30

About that glass of water

As we see Brexit make the cover pages again, the Guardian gives us ‘UK caves in to EU demand to agree divorce bill before trade talks‘ (at https://www.theguardian.com/politics/2017/jun/19/uk-caves-in-to-eu-demand-to-agree-divorce-bill-before-trade-talks). There are a few issues here and it is not on what is decided on. You see “capitulated to key European demands for a phased approach to Brexit talks, agreeing to park discussions on free trade until they have thrashed out the cost of the multibillion-euro UK divorce settlement” is fair enough. It can be debated in several ways, yet in honesty, as we see the issues that the ECB have pushed upon the UK and the payments the UK have made, it can be clearly stated that the 60,000,000,000 Euro a month that Mario Draghi has been dishing out every month will go to the Euro nations MINUS the United Kingdom. If there is a divorce settlement, the impossibility of the ECB petulant child is a spending tantrum the United Kingdom should be set away from, for the mere reason that it is up to the other parents to contain the credit spending spree engaging youngster.

So as the article makes reference to that half-filled glass, let’s take another look at the options.

The optimist is stating that Brexit will only have used 50% of the opportunities. This is debated as we see that not just governments, but banks and financial institutions are all about keeping the EU inclusive and forever growing so that it can be milked more efficiently.

To support this view, from last year (Nov 2016) we got this part: “Rome has argued that the tight fiscal measures are stifling some economies and should be loosened to allow EU members to invest more money in order to boost growth. This stance has set Italy, Greece and other southern European countries on a collision course with Germany and other northern European member states, who have warned that increasing public spending and subsequently, public debt, is a risky proposition for a bloc still suffering the effects of the 2008 global financial crisis“, so as we have seen, these investments have for the most not made any impact. Italy showed a deficit of 2.4% ($45B), France -3.4% ($84B), Spain -4.5% ($55B), Poland -2.4% ($11B), Belgium -2.6% ($12B), Denmark -.9% ($2B), these are merely the annual 2016 numbers. The list goes on and apart form 1-2 none can keep a correct budget, and they have not been able to do so for well over a decade. In addition there is the 60 billion a month EU spending spree. It seems that the opportunities will be limited to banks.

The pessimist states that Brexit comes with 50% additional fees. Part of that was raised by little old me through the overspending of Mario Draghi. The EU has a debt that is now surpassing 12 trillion Euro, which is including the 1.7 trillion of the UK at present, so the UK, one of the 4 large EU economies is merely 14% of that. The other three (Germany, France and Italy) each have a debt almost 50% larger than the UK. These 4 represent 80% of the EU debt. There is no containing this level of irresponsibility, and getting out was from my point of view the best option. The benefit is that the UK could end its austerity in 5-10 years if proper steps are taken. The EU will be in deep debt for a very long time after that and the smaller nations are realising this and that is why they were complaining so loudly (as I personally see it).

The opportunist drank the Brexit cocktail. This is seen in the growing partnerships, the Netherlands has kicked it off by sharing ‘UK and Netherlands sign defence cooperation agreement‘, it increases defence and security when we consider the Ferry services between the two nations, in addition, the countries will also share personnel and work towards a UK-Netherlands Amphibious Force. This should also bring additional opportunities to the Dutch as the have the most modern navy in the world, a military branch an Island like the UK could benefit from. In addition, the overall high levels of technology in the Netherlands would give additional benefits to cyber security operations. GCHQ has skills that the Dutch AIVD would love to get a better grip on, an option that should become available in this defence cooperation (source: http://www.army-technology.com).

The practical politician does not see that Brexit is half good or half bad, he or she puts them together and both are true. Yes, that is one way of looking at it. The issue is not the political view, it is that the view that they offer is on a sliding scale of change, and it always change towards the need of the politician, which is at times nowhere near the recorded metrics. Sean Whelan, the economics correspondent for RTE gives us “The good news is that almost a third of Irish exports to the UK would face no tariff whatsoever. The bad news is those products (and this report is all about products) are almost entirely produced by the foreign multinational sector – in particular, the pharmaceutical industry“, leave that situation to politicians to evolve into personal ‘opportunity’, is in not interesting that we haven’t seen this element before? All the scaremongering and the ‘one benefit’ will be for the large corporations. Is it not weird that only they seem to have a leg up on the benefit range?

So when we talk about the Brexit glass, we get more and more views and more and more pointed news that gives us a scary story. The reality is that in all this, I stumbled on 2 positive developments, directions I pleaded for as early as late 2015. So as we now see the evolution of nations working together, we might get additional proof on the economy.

That part was initially given by City AM, where we see “UK economy will grow by 1.7 per cent this year, faster than the previously forecast expansion of 1.6 per cent, according to the Institute of Chartered Accountants (ICAEW)“, which sounds good, yet the UK is not out of the fire. When we also read “Michael Izza, ICAEW chief executive, said: “I would like to see the new government put business and the economy at the top of its agenda, doing more to create a climate of optimism and certainty which will help build confidence“. This is more of the banter we have seen too often, that is given by me in such a statement as the UK has no coffers to invest with. This has been the issue all along, as the previous labour government went all out on spending, we are in a stage of culling these debts, so as we see ‘need for investment’, we better realise that Labour wasted £11.2 billion that went straight down the drain. It will take some time to overcome this in addition to the deficit and the debts. It’s not rocket science and relying on the forecasts as they have been wrong by too much all over Europe, we need to consider which sources to trust. A mere reality of what came before and also a reality as Brexit will have an impact; there was never any denying that. It is just that from my point of view, the UK recovery would be faster outside of, than within the EU. That part has already been shown to some degree, to some mind you, not to the full extent. We can only speculate on that part until Brexit is final.

So no matter how we relate this to a glass, how it is seen. The glass merely is. It is the consequence of long term European injustice. Their convoluted presentation, where big business gets a free pass again and again, not tax accountability of any kind. By allowing the EC gravy trains to be running smooth they also sunk their own options of long term survival.

Yet, the gravy train is ignored. So when I refer to the Times (at https://www.thetimes.co.uk/edition/news/kinnocks-on-the-brussels-gravy-train-xcxbdkx6r) with reference to June 2016, here we see: “The former Labour leader was responsible for transport and then became a vice-president with responsibility for administrative reform. By the time he left in 2004 Lord Kinnock was earning £163,453 a year alongside a housing allowance and an entertainment budget. He received a payment of nearly £273,000 on leaving office. He has an EU pension thought to be worth more than £60,000 per year alongside the pension he receives for…” and we have not looked at the other 750 members! Still think that I lost my marbles, or are you seeing a spending spree above the 60 billion Euro a month that is too ludicrous to consider?

By trivializing this I am not making it any better, talking about glasses and water, but it aids you to consider that within the European community, the consideration of water can be whatever they want it to be, which means that transparency is pretty much gone. Is that not the first requirement of the European Community? Is Brexit still such a bad idea? This is supported by the Financial Times as they published in May 2017 (at https://www.ft.com/content/7d1eea08-3be8-11e7-ac89-b01cc67cfeec), the article ‘Call for transparency on ECB corporate bond buying‘, now it is important to consider that nothing wrong was done (as far as we can tell), yet when we see ‘MEPs want to dispel any concerns of benefits to small group of favoured companies‘, the question becomes, why was this not done from day 1? The quote “So far, about €75bn of corporate bonds has been bought as part of QE, a small part of the €1.8tn that the ECB has spent overall. Most is spent on bonds issued by Eurozone governments” gives view that it is not a massive amount compared to the complete spending spree, yet €75B is massive, 0.001% of that could secure my financial future, settle my bills have a decent house to live in, so it adds up to a lot, fast! Still the article shows a concern and that is why I went there. The quote “While the actual amounts are not disclosed, the ECB has explained that it buys proportionally to outstanding issues, and market capitalisation provides a weighting.“, yet weighting depends on factors, which factors and how are they applied? Invariable, weighting is done to either ‘regress to the centre’, as a means to present it as an accepted part (by whom is still the question), or to obscure the view of the amount of outliers in the balance of the matter, neither of these is a good thing. In addition, the request “disclose greater detail on this programme’s operating guidelines, in order to explain to citizens how the corporate bonds are being selected“, is a worry as there could be a unbalanced support to corporations with bonds and in addition, the mention “Another request from the MEPs is that other central banks follow the lead of Germany’s Bundesbank in publishing the names of companies with bonds, rather than just the ISIN number, a code used to identify them on the financial markets” gives out that hiding behind an ISIN number gives weight to other issues too. Part of this is in the attached PDF ‘a proceeding under Article 102 of the Treaty on the Functioning of the European Union and Article 54 of the EEA Agreement‘ attached here, where several issues are shown, the quote ‘by requiring European financial firms and data vendors to pay licensing fees for their use‘. So not only is the EC hiding behind these numbers, but there is an additional fee? Well, apparently that was negated to some extent and that agreement ended in 2016, so are there fee’s now, all issues of non-transparency. All these issues chipping away the assumed ‘premise’ towards the ‘validity of existence’ of the EC and even the ECB.

So when we talk about the glass it is not just the size, not about the water that is in it, but the fact that the glass is too opaque in many instances, the fact that some members have known the lack of transparency and in this we see a system that seems to have been intentionally hiding behind non-transparency. If there is one part that proves it, than it is the existence of Grexit and Brexit and more over the time it took for these politicians to give clarity on how proceedings were supposed to go and how the media left the people in the dark on the actual issues. All that, with the confusion we see as the EC seems to be in the dark on how to deal with an exiting nation gives more worries than confidence, because the actions and threats shown is not that of some economic alliance, it is the foundation of some tyranny where the freedom of choice becomes the burden of blackmail, threats and intentional miscommunication.

I’ll let you decide on how much you enjoy being blackmailed and threatened and where the freedom of choice remains in all of that.

Commission decision COMP39.592

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June 16, 2017 · 16:14

Prognosticated WaterhouseCoopers

I forgot what fun it is to go up against PwC, I missed slapping them around and the article ‘Netflix and Amazon ‘will overtake UK cinema box office spending by 2020’‘ was a mighty fine reason. The article (at https://www.theguardian.com/media/2017/jun/14/netflix-amazon-uk-cinema-box-office-film-dvd-blu-ray-pwc) gives us a few things. The title is fine, I have no issue with that and there is every reason to believe that this is true. I always prefer and love to watch the big screen, but I know that I am a majority here. It is the subtitle that got me. With “Film industry will remain ‘pretty healthy’ but DVD and Blu-ray sales will go into ‘terminal collapse’, says PwC” they gave me a reason to have a go at them. As I search deeper and deeper, we are confronted with a wave of titles that have been released on Blu-Ray and DVD, yet there is no Netflix date, they do not seem to have any titles released to disc from 2017. So that is the first group. I reckon the Marvel fans would race to the shop to pick up Logan as soon as Wolverinely possible. The second thing I found is that a decent list of TV series is absent. This is a lot harder to predict, yet Grimm, Lucifer, Sleepy Hollow, Battlestar Galactica and a list of others do not even show on Netflix. This makes the need of Blu-ray consistently there. There is no doubt that those with really good bandwidth will prefer Netflix, so there will be an impact, yet the size of that impact is not a given for now. You see, as Net neutrality becomes more and more endangered, we will see shifts. We saw President Trump put Jessica Rosenworcel in the FCC seat and she apparently champions net neutrality, yet there is a rustling in some bushes, especially the adult entertainment bush. What people ignore, or like me do not care about is that certain ‘settings’ is seen in International Business Times (at http://www.ibtimes.com/july-12-net-neutrality-day-action-will-slow-down-your-pornhub-videos-2552375). It is a place like ‘Pornhub’ that brings the news. The quote “Pai’s proposal would remove the FCC’s authority to enforce net neutrality and other consumer protections while simultaneously allowing companies including Verizon, Comcast and AT&T to create “slow lanes” that force consumers to pay more for certain sites or as a competitive move among corporate telecom rivals“, is one thing, the second quote from a related article gives us “The Washington Examiner reported Trump deliberately withdrew her nomination when he took office. That move temporarily gave Republicans a majority in the FCC. Since then, the FCC has voted to revoke net neutrality regulations. If Trump’s renewed nomination leads to her confirmation, as is expected, then this idealist could return to take on the telecom industry head on.“, these quotes give only an indication of what will happen next, it is seen a little better when we consider the Law Times (at http://www.lawtimesnews.com/201706126217/focus-on/focus-u-s-and-canada-diverge-on-net-neutrality), which is 3 days old. Here we see: “With the possibility of broadband rate regulation looming on the horizon, companies investing in next-generation networks hesitated to build or expand networks, unsure of whether the government would let them compete in the free market,” he wrote, advocating for a return to a “light-touch” approach to Internet regulation“. This is now the indication, as the FCC rolled back a few things, they leave it with the providers and a ‘free market’ to offer ISP packages, which of course comes at different prices. So, as net neutrality comes back, it comes with the option that is linked to a Service Level Agreement and they tend to come with $$$ labels attached. In addition we see “The CRTC’s decision and policy position on “differential pricing” arose out of Videotron’s 2015 launch of Unlimited Music, a premium service that allowed customers to stream as much music as they liked on services such as Spotify without having the data use count against their monthly allowance“, so as we get premium ISP options, how do you think that this will impact the Netflix use? Are you sure that this billion user service will not come with nails attached? You see, the issue is no longer mere net neutrality in speed; it is now ‘the elimination of data caps for home and mobile Internet use for Canadians?‘ This implies not just Canada; it is merely a stepping stone for America as they use Canada as a show case, what will happen when the gamers are added? This is a simple math part. Assassins Creed Unity sold over 2 million copies (exact number unknown), now in December 2014, the owners had to download a patch that was 34GB in size. So consider 2 million downloads of that patch, how congested will the internet get? As the number was global, there is no way to tell how the patch impacted on areas, yet as caps are removed, we will see more and more shabby developers getting new patches out ‘as soon as possible’ making us download patches more and more. So as there are globally well over 105 million Consoles (next Generation only), the millions of Gaming PC’s, now consider the amount of patches and the impact on the internetworking’s, as well as the Internet of Things, because bandwidth hits all options. Now consider 3 massive games released per month, game download and patches and now consider how Netflix is impacted, because it will. I am putting those two groups together because they get their ‘net mobility’ from the very same fuel tank. Now add Spotify and a few other players in this domain. There was never any question that there was a need for net neutrality, yet in all this it goes via an ISP and that player is greedy, so if the cap cannot be pushed in place, or when it is removed, why do you think will happen next? There will be an impact on speed.

This is set in an easy equation (not an accurate one, but it shows certain factors). Fuel = data_amount * speed * users, so if data_amount is infinite, how will that impact speed? The same we see when the user base become massively larger, speed is again impacted. yet there is another consideration, to keep speed high, the number of user and data_amount needs to remain in a state of balance and set at a nominal place, when we realise that this is not an option from day one, speed will always be impacted and that is where the ISP’s are now, creating in a conjoint setting the Service Level Agreements (SLA’s) and the option to price it all. The FCC can claim it is out of their hands and as the FCC is about avoiding ‘anything that negatively affects competition and innovation in the sector‘, the FCC rules are altered and whatever comes back might seem nice, but will come with the ability to let the ISP call the shots. As such Netflix, unless it sets ironclad contracts with ISP’s, these users will see a shift of options and usage, at a price that is.

How does this make sense?

You see, even as the numbers are global based, the US has a lot more congestion than the UK at present, yet the current growth as seen, which is before the upcoming 5G data need, the ISP’s have been milking their system and these providers have not been addressing the ‘fuel tank’ they had. Now, this issue is in the UK and Western Europe is nowhere near the mess that the US is in, but as the UK rural growth is now growing at an accelerated rate, the congestion is still becoming a factor, Cisco tells us: “Services like YouTube, iPlayer, Netflix, NOW TV and Amazon Prime Video continue to be a huge draw, which has in turn helped to fuel demand for superfast broadband connections”, in addition, we get “Cisco forecasts that the average Internet user is expected to generate 140GB (Gigabytes) of Internet traffic per month in 2021”, which is average and I expect that to be a conservative low estimate. Now consider that a Netflix movie can take up to 7.5GB, now consider 3 million people in London alone will watch a Saturday movie, and now consider that in the UK another 15 million will do the same, do the numbers start adding up? Even if these 18 million do not start it on the same time, there will be a sizeable overlap, there is enough indication that congestion will be an issue, which either ups the price of the internet, or there will be an increased agitation for Netflix. This is why there is enough questions on ‘terminal decline’, there is in addition consideration that when 5G hits, the curve will steepen by a lot. It is too soon to predict a near exponential growth for data need, but it is not unrealistic, especially when we consider the push from 3G to 4G and data usage curve when most moved to 4G.

Now I go back to these gamers, even as the Statistics state the gamers group to be a steady penetration of around 42%, their data need has grown more than exponential. The Next generation consoles, as well as the growth of being online whilst gaming has grown. So this is not just about downloads and patches, merely the online presence which fuels uploads, Even as some statistics state that they are on average 5 hours per week online, there is enough data to question that. Polygon gave us the title ‘PS4 owners spend about 50,000 years a week gaming’, again a global number, but that already gets us an average of 7 hours a week, which is 40% higher and these are 2016-2017 numbers. As it all comes from the same ‘fuel tank’, I hope that we can clearly see that it impacts the ability to service Netflix. I believe that congestion will be its worst enemy and as we see a shift in costing, the prediction is unlikely to become reality (yet, I am willing to accept that I could be wrong)

So back to the Guardian article! The quote “PwC predicts a “terminal decline” for DVD and Blu-ray sales from £1.22bn in 2016 to just £533m by 2021. The report predicts that internet video will overtake DVD sales this year, but some analysts claim this has already happened“, I believe that the market will adjust in a different way. I believe that the initial shift will be in price. The price of $40 for a new movie cannot be maintained with monthly services and as the margin is large, we much consider that shift. It has been stated a few times that “high-definition mastering costs for Blu-ray will run close to US$40,000 per title with a pressing cost of US$2.00 per Blu-ray disc”, so at 100,000 discs sold, the making comes to about $2.50, so selling at $20 would still leave a large margin, There is a given that mastering goes down in price, yet at this pace, the impact becomes negligible. So when we consider that owning a movie we like at $20 is still a good idea, even if we have Netflix, my view is that there is an impact, yet not to the degree PwC claims.

Could PwC be right?

Yes, that is indeed the case, especially if the economy does not pick up. If the economy stays in the bad shape it currently is in now, Netflix might be the only option for some people, yet the options will still depends on whatever internet options that household has. In that, we see the impact on both sales down as the economy faltered whilst buying movies is equally a non-option.

There is one element that has been ignored by me and it is time to address that now. The mention ‘some analyst’s claim this has already happened‘ is one that needs a look at. It comes from the January article ‘Film and TV ​streaming and downloads overtake DVD sales for first time‘ (at https://www.theguardian.com/media/2017/jan/05/film-and-tv-streaming-and-downloads-overtake-dvd-sales-for-first-time-netflix-amazon-uk). one element is ‘Netflix has rapidly grown to 6 million UK subscribers since launching in 2012‘, which is fine and the issue that physical retail is in decline cannot be countered either. The fact that the UK cost of living has been through the roof; so as we see the price of a Blu-ray being equal to 2 months of Netflix, people adjusted their budget. Yet in all this, the internet bandwidth remained an issue. As long as it could be pushed through Wi-Fi and more importantly the Free Wi-Fi places, people were fine, yet just like some of the more advanced filters, when those places start actively blocking Netflix, the user game changes too. You see, Spotify demands cellular data and does not stream via Wi-Fi. So remember the earlier formula? Spotify has 50 million users. Now consider that the other elements were speed and data amount. As these services grow congestion will be a logical consequence, meaning that the ISP’s have reasons to push through the SLA solution, solving all their issues and none of yours.

Netflix is here to stay, nobody opposes that, there will be an impact on DVD/Blu-ray sales and nobody opposes that either. It is the part of ‘terminal collapse‘ that I oppose and I am certain that at some point it will happen, yet not in the time period PwC says it will be. I could be wrong of course, but I don’t think so.

If they were wrong, then nothing is lost, for that PwC analyst there could be a golden future in show business for them as a the new member in Orange is the new Black Season 7 named ‘Wall Street Bitches‘ (speculated conjecture).

In the end?

In the end, the Guardian article does have one larger benefit; it is bringing congestion issues to the surface, as such the article had a good side, In the UK most people know it as ‘Internet Rush Hour’, yet what happens when the infrastructure will no longer provide for that side? The BBC gave us in 2011 “UK broadband speeds drop by an average of 35% from their off-peak highs when most people are online in the evening, according to a report”, yet the growth that we have seen then was at the beginning of 4G, even as the ISP’s upgraded their equipment, the user base In the last year alone, went up by 1.5% for the entire population. In addition, over the last 5 years, the amount of inactive internet users decreased by 13.3%, which is a lot, also consider that the UK Netflix user base is expected to double between 2015 and 2020; these numbers show a dangerous part. The largest one is that the numbers seem to have been incorrectly speculated. I get there as the growth of subscriptions grew by 1.8 million during 2015-2016, which was almost a third of the 100% expected growth. You might think that the Guardian article is therefore a lot more accurate, I still disagree, merely for the fact that congestion is a larger risk, which now gets us back to the Net Neutrality issue. Because as this grows, ISP’s will have additional ammunition to start thinking and pushing for Service Level Agreements on consumer markets, it is what the FCC sees as ‘anything that negatively affects competition and innovation in the sector‘, yet what the ISP sees as commercial opportunity. Here I truly hope to be wrong, yet some sources (read: ISPreview) are already revealing prices to rise close to 10%, in addition, the prices will rise even more next year due to the 2017 Digital Economy Act. This is where we get back to the ‘Pornhub’ part. You see, I give not a toss about them, but they illustrated a part that other sites are now getting into. When we look at Endgadget, we get: “There’s one slight issue with age gates in that we’re still no clearer on how they are to be implemented. Proving age using credit card details, the electoral roll and pay-monthly mobile phone contracts have all been suggested, but the government has admitted that forcing you to expose your identity might be a step too far. And so, it’ll likely be some time before this new law can be enforced as the government and newly appointed regulator decide on the best and least intrusive way for porn sites to verify age.” You see, it is not about the fact that it is about adult content, it is about the option to classify, so consider that via politicians (never a good start) to settle on what defines the boundary and needs more than mere access. It is the first time that there would be commercial option to slice services, not cutting them, but restraining the maximum bandwidth. When we see the quote ‘the new data-sharing regime effectively being lawful already’, we might think ‘government’ but that is the least of our concern, it is “Any business that handles large volumes of personal data is required to employ a data-protection officer under the new rules, and any breach must be disclosed within 72 hours”, you might think that this covers it, but what about back-ups, what about social media with multiple ownership over a larger amount of nations? It is the commercial value that is being played with and the EU does not have a great track record when it comes to commercial versus private interest. So as these elements come into play, there are now already three upcoming levels that would cater to ‘Service Level Agreement’, which is defined to charges a person has. It gives one more level that Net Neutrality is already a thing of the past. This is seen in “Reed Hastings seemed to walk away from fighting for net neutrality but his company has done a big 180”, so in the two days that I worked on this, Netflix did a massive corporate ‘about face’, the direct implication of ISP’s and the limit of bandwidth is showing now, almost a year before it actually hits us. News Network (at http://www.news.com.au/technology/online/after-ceo-downplayed-the-importance-of-net-neutrality-netflix-changes-tact-and-rejoins-the-fight/news-story/654c63348e3dbd4f7d697fe322eeb350) also gives us “major Telco company AT & T is in bed with media conglomerate Time Warner. Because of this high level of “vertical integration” there’s a lot more scepticism in the US that companies will be compelled to engage in anti competitive and “non mutual” practices”, which I already knew. Yet the clarity as given in my earlier setting in ‘anything that negatively affects competition and innovation in the sector‘, is now showing its fruition and that is before the dozens of new 5G services come to our mobiles and TV settings. As this collides, and it will! People will happily return to a worry free Blu-ray ad DVD, if the makers adjust pricing and remove the 5 iteration contribution application, the discs will be here to stay for at least a decade or (hopefully) two more.

 

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June 13, 2017 · 13:07

False Bloated Information?

As we look at all kinds of news, trying to figure out what is going on, the Guardian gives us “An investigation by the FBI has concluded that Russian hackers were responsible for sending out fake messages from the Qatari government, sparking the Gulf’s biggest diplomatic crisis in decades“. It comes from ‘Russian hackers to blame for sparking Qatar crisis, FBI inquiry finds‘ (at https://www.theguardian.com/world/2017/jun/07/russian-hackers-qatar-crisis-fbi-inquiry-saudi-arabia-uae). It seems like the Russians are behind nearly everything. The issue I have here is that clear intelligence is not found, there is a lack of information giving correct information. You see, if that was the case, if there was a situation with ‘sending out fake messages from the Qatari government‘, there would be a battery of messages, showing those messages and with the clear statement on how they were spread. You see, hacking was not needed. When we see: “The UAE wants Qatar to sever its ties with Egypt’s Muslim Brotherhood, the Palestinian Islamist group Hamas, and Iran. It also wants news outlets seen to be critical of the Gulf monarchies, such as the Qatari-funded al-Jazeera, to be closed down. Hamas and Muslim Brotherhood leaders live in Doha, and Qatar has shown a willingness to retain diplomatic contacts with Iran, partly due to joint economic interests, including a large underwater gas field“, so as we see that the Muslim Brotherhood is in Qatar, that would be enough to make Egypt angry, the rest is just gravy. Is the term ‘An investigation by the FBI has concluded that Russian hackers were responsible’ is that a new way for the FBI to state that they are in the dark? #JustAsking

Now, is there a chance that hackers have been busy all over the place? That is probably true; it could even be true that some of these hackers have a Russian nationality. Yet the implied newscasts are all about ‘Russian hackers‘ with links to the Russian government, I am not denying that this could be a fact, but is it more likely that a Russian hacker is working for the FSB or for organised crime? Consider the ‘opportunity‘ certain shortages bring. Is it not interesting on how the lack of evidence, no matter who failed to produce it, seems to be accepted because it comes with an FBI stamp. How fake is our news? With CNN we see: “Because it was started based on fabricated news, being wedged and being inserted in our national news agency which was hacked and proved by the FBI.” So why not a clear communications on what actually was happening why is that not picked up by news everywhere? No, we get massive re-quotes from Reuters and other outlets and nobody bothered showing any evidence. Perhaps you remember this from the past, the need to show levels of guilt from those perpetrating the events. I believe that ‘confirmed by FBI‘ just does not hack it anymore. A weird situation, is it not? The issue that has been an issue for the longest time is “who have long objected to Qatar’s foreign policy“, there is a large following of that issue. I cannot confirm that the hack story is fake, but I think that the papers need to give a lot more evidence besides the two paragraphs before they go towards other issues like how many Saudi’s were in 9/11, or switch to the optional food shortages in Qatar. The news is as flaky as it can get on any story. The issue seems to be devoid of information, especially as the aftermath of the elections would have had plenty of options to dig into that small issue called ‘evidence‘.

So what do we make of all this, why did the FBI even bother planting the ‘a fake news‘ issue stamp on Qatar? In light of everything that is currently in play, perhaps the French news that just now brings us “fresh signs the world’s largest economy is not in peak condition“, an issue for a country that has a debt well over 20 trillion. So when President Trump claims that the US economy is tremendous, is that fake news or is that merely a typo from the autocomplete (read: terrible).

There are several questions we need to raise, the actions from the FBI (going all the way back to the Sony hack) is giving us a collection of issues that makes us wonder what is actually going on and who the real perpetrators are. When you Google for ‘Qatar Hackers‘ you get a massive group of people shouting for or against the fact that it is fake news, but none of them are showing any evidence. I am asking questions because we see no concrete evidence not from any side. There is in equal measure no report on news sites and news channels showing us the fake news, when it was published and what the actual Qatar position is. In 5 minute I came up with 3 possible solutions on how the world stage could have been defused, that whilst I know that there are plenty of people working in that industry those are more intelligent than I am. So what failures are happening and what are they trying to not tell the audience?

The entire issue takes another turn when we consider the news (at http://www.news.com.au/world/donald-trump-blasts-exfbi-director-james-comey-on-twitter-as-uk-media-report-he-has-cancelled-state-visit/news-story/70199076e7f849888efac550b4e06d49), where we see ‘Donald Trump blasts ex-FBI director James Comey on Twitter as UK media report he has cancelled state visit‘, in here we see: “Fellow Republicans are pressing President Donald Trump to come clean about whether he has tapes of private conversations with the former FBI director. And if he does, they want the President to hand them over to Congress or else possibly face a subpoena.” Now we see another side to it all, we see a situation where the US is having an internal issue growing and it is about to hit the world. My reasoning is not just the clarity that James Comey showed. The degrees he has, the fact that he is the former US deputy attorney general and that he has been on several board of directors, including Lockheed Martin and HSBC. This is not someone who plays some fast and loose game. He is no typo twitter user and the world pretty much realises this. The article does not go into the fact on the title, the ‘cancelled state visit’ is actually merely delayed, yet consider the importance that an ally like the UK is, what prevents the so called leader of the free world to bolster his defences in the White House? This is where the FBI seems to flaw and not intentionally. The events of the last 6 weeks give rise to an actual investigation of the White House and that is not something the FBI was ever equipped to do, in addition, there will be issues with the Secret Service as well. With the Huffington Post reporting that “Donald Trump, his daughter Ivanka Trump and her husband Jared Kushner all repeatedly sought financing for various investments in recent years from leading figures in Qatar“, we now have a new issue. The FBI is now on the pace and in the moment of having to investigate its own president in links to terrorism. The quote “President Trump on Friday characterized Qatar as “historically” a “funder of terrorism at a high level,” an accusation that came just an hour after his Secretary of State Rex Tillerson appealed for “no further escalation” in the Gulf Cooperation Council squabble“, so if Qatar is a strong partner in combating terrorist financing, how are we supposed to see the implied links as seen by the FBI? You see, even if we accept the words of Ambassador Dana Smith there is now a clear level of miscommunication between the ambassador, the state department, the White House, the Department of Justice and the Intelligence branches (CIA, NSA). So now we get the FBI having to sort out what is what and that is after someone in the White House thought it was a good idea to sack the previous director of the FBI, all this over a term of a mere 4 weeks. The question becomes ‘what is going on?‘ is not just the smallest issue in play. We could speculate that there are internal forces within Qatar who approach different parties, in this the President of the United States has been used as a cheap tool and his ability to typo twitter adds to the laughter of the US Democratic Party, whilst the FBI should be in tears and not in a good way. I wonder if any of these investigative agents ever signed up for this mess, an internal mess that is far above their own pay grade, and it is only Tuesday.

Fat Bloated Information gives rise to the events that are playing, part is due to FBI decisions on a level that I do not comprehend as I have been able to punch holes in several issues in mere minutes and there are a few people much more knowledgeable in cyber issues than I am and they concur on my findings through their own published findings long after I stated my views. Part of it is now finding the limelight as they have to go into rounds of analytical refurbishing of disseminated information (yes I can talk BS too with the use of a dictionary). So as we are getting more and more questionable news, the FBI now has to go over the news given by the White House and seeing what needs to be qualifies as actual news and quantify the damage made over the last 8 weeks. I wonder if the FBI will be able to comment on how much they never signed up for that part.

The final part is seen in a news article by Fox News, the article titled ‘Qatar taps former US attorney general to help ease regional crisis‘ (at http://www.foxnews.com/world/2017/06/12/qatar-taps-former-us-attorney-general-to-help-ease-regional-crisis.html) gives us the final side in all this. The quote “Qatar has paid $2.5 million to the law firm of a former attorney general under U.S. President George W. Bush to audit its efforts at stopping terrorism funding, a matter at the heart of the Gulf diplomatic crisis that erupted last week“, the issue is not that it is happening, the issue is how it is set in motion. You see, if this was about getting results, I would have gone to the UK firm 25 Bedford Row, who has expertise in this. Not only as its QC Paul Hynes is a true expert and one of the voices behind “International Money Laundering and Terrorist Financing – a UK perspective“, Sweet & Maxwell, 2009 Paul Hynes QC, Richard Furlong & Nathaniel Rudolf.

The list of cases as given by 25 Bedford Row (at http://www.25bedfordrow.com/site/expertise/criminal-barristers/terrorism/) shows us levels of expertise that the firm of John Ashcroft has not shown at present, even more outspoken, I am not sure if they have this level of expertise at all:

  • R -v- Ciarán Maxwell – The “Marine who turned to terror”
  • R -v- Anjem Choudary and Another – A case concerning encouraging support for IS
  • R -v- Mohammed Alamgir and Others – A Luton Al-Muhajiroun cell infiltrated in an undercover operation
  • R -v- Feroz Khan and Others – Prison disorder said to be a Lee Rigby copycat incident
  • R -v- Humzah Ali and Another – An IS Syrian traveller and terrorist material dissemination case
  • R -v- Yousaf Syed and Others – The “Poppy Day Plot”
  • R -v- Roshonara Choudhry – The attempted murder of Steven Timms MP
  • R -v- Muktar Ibrahim and Others – The 21/7 London Bombings
  • R -v- Abdul Saleem – The Danish Cartoon Protest Case
  • R -v- Kanyare & Others – The “Fake Sheikh” red mercury case
  • R -v- Samina Malik – The “Lyrical Terrorist”
  • R -v- Zakariya Ashiq – The “Walter Mitty Muslim”
  • R -v- Kamel Bourgass and Others – The ricin conspiracy
  • R -v- Ahmad Ali and Others – The liquid bomb transatlantic flight plot
  • R -v- Dhiren Barot and Others – The “Dirty Bomb” conspiracy
  • R -v- Omar Khyam and Others – The “Fertilizer Bomb” operation
  • R -v- Abdul Raheem and Others – A West Midlands network connected to Parvais Khan
  • R -v- Sulayman Zain-Ul-Abidin – The first UK Islamic terrorist prosecution
  • R -v- Abu Hamza – Incitement to murder and possession of terrorist material
  • R -v- Babar Ahmed – A terrorism based US extradition

And that is just a selection of cases to choose from. So when we consider the need of Qatar, and how they addressed it by going to John Ashcroft, a former Attorney General, a decently renowned one mind you; yet in all this, they are merely appeasing some American view, or are they trying to achieve something else? There is no way that the FBI will not have to take a deeper look at this, especially as there are already levels of miscommunication between the White House and the State department that require investigation. So, in all this, did Qatar truly act in the best interests of Qatar?

I will let you decide the issues in play, just consider that it took less than an hour to find more holes in all this and additional choices which from my personal point of view would have been much better from the start. So am I giving you ‘Fat Bloated Information’, or are the players using imaged projections of representation to make the waters a lot murkier than they were a mere two months ago. I am not the expert to give you the rulings on what is false and what is fake news, I am merely showing you levels of information that should be regarded as dubious and questionable, which is something the FBI is bound to look into. So if you think it is going to be a dull week, think again.

I am however not too sure if it will a nice week for some.

 

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June 7, 2017 · 17:23

How to get yourself killed

On the edge of the elections, we see new developments in a few areas. The issue is not the people trying to keep others safe; it is now to some extent the law that is aiding people getting killed. Here we see the first of a few issues, that first one being the Human Rights Act 1998. Now, let’s be clear! I am not against the HRA. The issue is that it is now protecting terrorists in completing their goals, which was not what it was intended to do. That issue is seen at the very beginning of article 2.1. Here we see: ‘Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.‘

This gives us that Terrorists cannot be hunted down; the first rule is to capture them alive, whilst knowingly endangering the lives of many. In addition we see articles 6, 7 and 8 messing things up (in light of terrorism); still it is not a failure of the law.

The issue is that these laws were never designed with the abundance of terrorism to the amount we see nowadays. The fact that any armed police action, aimed on capturing terrorists is placing them in harm’s way, but in an unrealistic and unacceptable way. A policeman’s life is set to a higher degree of danger, whilst giving the terrorist a prolonged time to act out the acts of terrorism. It is in this light that we should see ‘May: I’ll rip up human rights laws that impede new terror legislation‘ (at https://www.theguardian.com/politics/2017/jun/06/theresa-may-rip-up-human-rights-laws-impede-new-terror-legislation). There is a growing concern that the laws of our nations have been a hindrance in dealing with acts of terrorism. In addition we see another return with “It is possible May’s plans could involve seeking further derogations from the ECHR. This is the way the government is seeking to prevent human rights claims against soldiers in future military situations“, the question is not just in the laws, the issue we see with “May was then repeatedly challenged about how the Home Office, police and intelligence services dealt with the information relating to the attackers, after Boris Johnson, her foreign secretary, said MI5 had questions to answer. One of the attackers, Khuram Butt, 27, had been reported to the anti-terror hotline in 2015 and a third attacker, Youssef Zaghba, 22, had been detained by Italian authorities in 2016”, there are questions for MI5 to answer, yet it is not just them. The UK needs to establish to with level SIGINT (GCHQ) has been missing the ball.

Now there are two problems with that assumption of mine. The first is whether the European intelligence services have been keeping its allies and NATO partners up to date on movements. The second is how some allies classify certain people of interest (Youssef Zaghba). Without that knowledge we end up kicking both MI6 and GCHQ without actual cause. So it is not just MI5. We can wonder how certain borders were passed as well as how we will stop certain events from happening. So Boris Johnson is correct that there should be questions and answers, yet in the first only to the smallest degree and in the second, I would want to ask GCHQ a few questions before knocking on the door of Andrew Parker. The fact that he goes straight to the door of MI5, gives an implicit lack of knowledge on the address of Boris Johnson which is not the way we know him, so I wonder what he is playing at, at present. This now gets us to ‘Police and MI5 face further scrutiny after third attack since March’ (at https://www.theguardian.com/uk-news/2017/jun/05/police-and-mi5-face-further-scrutiny-after-third-attack-since-march). The part that matters here is “MI5 has a staff of 4,000, with up to 1,000 more promised by 2020, to keep tabs on a list of 3,000 people classified as “subjects of interest”, who included Butt, and to engage in other activities. Counter-terrorism accounts for just over 60% of what MI5 does”. We can hide behind the numbers to some extent as we consider that 1650 keep tabs on 3,000 people. This implied two people to watch per agent, this in a situation where it is about resources. In addition when we consider “Another of the London attackers, Rachid Redouane, was not known to the police or MI5, the police said”. The numbers show the impossibility of the task. In opposition we get that either the UK becomes an unlivable police state, or we take the war to them and prune the HRA to a larger extent. Weirdly enough, that gives us the headache that the HRA is losing potency, something that none of the players want. We basically move a nation into a place where we end up getting ourselves killed. As Richard Barrett, former director of global counter-terrorism operations at MI6 states: “I do not want to live in a state like that”. So even the agencies want a non-police state system, as such we need to consider other evolutions.

So how to go forward?

Until we get an actual union of interest in the Intelligence industry there will be an age of uncertainty. As SIGINT departments unite to set forth the first need of identifying the dangers and replicate that knowledge we are at an impasse. If this reads weird, then let me explain it. The function of GCHQ is to monitor and report to the UK agencies. This is how it should be in the past. In this age of ISIS/ISIL we need to consider that SIGINT agencies set the data in one common database when it concerns terrorists. So basically GCHQ forwards Intel directly to NSO (Netherlands), DGSE (France), SAIC (Germany) and so on. After that (or actually at the same time) the obtained data goes to MI5 and MI6. As filters are removed the whole gets more and quicker intelligence on movements. There is no issue with Brexit or Bremain, this is about European security, and as Europe becomes safer, so will the UK be safer. This path has never been walked because the trouble is with containing intelligence going into the open. In this setting we have intelligence filters this is not a bad thing, but the need in light of the attacks require us all to rethink the issues. There is an additional benefit that the union of data could give additional clusters of information, clustering’s we did not have in the past. It gives voice to not just paths of interests, but a path of people that are a justifiable target in this situation. A path that is partially hindered by the Human Rights Act in a way that was never the intent of the Human Rights Act in the first place.

The issue becomes a larger issue when we see certain media. Now as we exclude the tabloids on mere grounds of inferior intellect and increased factors like being clueless and greed driven through the expanse of emotion, we do get some media that should have known better. So when we see “Dame Stella Rimington, the first female director general of the agency, spoke out this week (6 June) during a keynote speech at 2017’s Infosecurity conference. The former spymaster took the time to urge for a calm response in the wake of recent London terror attacks” (at http://www.ibtimes.co.uk/former-mi5-chief-nobody-really-knows-how-deal-cyber-espionage-1625025), we see in addition “We are facing a world where there’s cyber-espionage now, which nobody really knows how to effectively deal with. We are facing a world of very complex communications which make it very difficult [for] our intelligence services to keep pace with changes taking place.”

This is a path that has a few additional repercussions. The first repercussion is seen in the need of new technology to meet the challenges. The second repercussion is seen in combined need to evolve HUMINT, FININT and GEOINT. As money can be transferred through alternative means in faster ways and new methods we see that the terrorists are equipped and given new means to which several intelligence paths have no way to counter at present. The simplest issue of funding terrorist infrastructure through international debit cards is a nightmare to get through. Ordering these debit cards with up to 5,000 euros is getting easier and payment via web becomes increasingly easy. Getting these cards in Western Europe and dispense them to the dangerous elements in the UK is an increased danger as we now have a situation where HUMINT and FININT walk two very different paths. If we do not get an evolved SIGINT solution, we will see an escalation of events whilst the intelligence will fail. At present when a student is found with 2,000 euro a flag is raised (not always), yet when a student is seen with a debit card and 300 Euro, no flag will ever be raised. The cyber path is intervening on several levels increasing the dangers of a successful attack as they just get what they need at their destination. Nowadays a student goes into a car rental place, has his international student ID, picks up a van, pays with the prepaid card and he is off to load it up with explosives. At this point, when properly done, SIGINT, HUMINT and FININT will all have failed to stop this. This is the danger that Dame Stella Rimington is warning us about. And whilst the tabloid jokes are all about the emotions and the blame game towards the intelligence service, we see that failure after failure stacks up, mainly because what the intelligence agencies need is not coming their way. It’s like giving Jenson Button the task of winning the F1 trophy whilst giving him an Edsel to get the job done, which seems a little too unfair on the poor lad.

The world evolved too fast in too many directions and in this terrorists, especially lone wolves could use the system to remain largely invisible until it is too late. It is a collection of what we used to perceive as unrealistic elements ion danger assessment that is now stopping police and agencies in finding the targets trying to hurt innocent civilians. The game has become too unbalanced, and for the most I agree with Richard Barrett. Yet, in equal measure, we see a lack of evolution in technology that the seekers need to classify disseminated information as well as being able to cluster a multitude of databases each filled with variable information to find that needle, hoping that you are even near the right haystack. Consider the scenario I just painted. Finding that person would be near impossible if the Lone Wolf kept to the ground. So where is the validation of blame? There is none and the people actually realise this. It does not change the job, or the challenge. It merely increases the pressure. So when I read: “The third attacker was named as Youssef Zaghba, an Italian national of Moroccan descent, who was living in east London” there is no concern to be elevated into some danger status, yet when we see in addition “is said to have told Italian authorities “I’m going to be a terrorist”, while officers reportedly found Islamic State-related material on his mobile phone when they intercepted him” makes it a different issue (apart from any person proclaiming to become a terrorist to the police). How long until that news reached the UK? In addition, what did the Italians do to stop this possible extremist? When we see a file on Youssef Zaghba in the areas of FININT and SIGINT, what do they reveal? You see, we might not stop all events, yet there is an increased chance that any previous success by these lone wolves will leave us with information that potentially stops the next attack. That will leave us with increased options when SIGINT will start sharing the data internationally.

We are in a phase where we get ourselves killed, not because of the failing of the agencies, but with our complacency regarding human rights and thinking that the agencies did not need certain elements. As we are bragging on Facebook and demanding the government does not collect data, we place ourselves in harm’s way, which is increasingly stupid.

Yet in equal measure spending irresponsibly (read: Jeremy Corbyn’s lame promise) is equally dangerous. You see we need to work on actual solutions, not buy 1000 staff members, 15 servers and hope it will work itself out. That is a recipe for a political pork pie that leaves us with indigestion.

There is a lot that requires doing, let’s not get ourselves killed whilst doing that.

 

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June 6, 2017 · 16:11

Two sides of fruit

There are always issues when you get to the topic of fruits. One is the question whether it applies to the members of the US congress (the members of the US Senate are usually labelled as nuts). Is it an issue with actual nutritional products or are we talking about the device that Newton used for gravity? Yes, it is the third one as Newton discovered gravity with an apple.

Yet even here we see two sides at present. The first one is seen with ‘iMac Pro: Apple launches powerful new desktop – starting at $4,999‘ (at https://www.theguardian.com/technology/2017/jun/05/imac-pro-apple-launches-powerful-new-desktop-macbook-starting-at-4999). Here we see the quote “The new iMac Pro starts with an 8-core Intel Xeon processor, but can be configured with an 18-core processor variant, as well as up to 128GB of EEC RAM, 4TB of SSD storage and Radeon Vega discrete graphics cards with up to 16GB of memory“, you see, Apple, like Microsoft, IBM and since resent ASUS have become agents of iterations, true innovation has not been on their shores for too long a time, which is why my new device is for consideration with Huawei and Google alone. Only they have shown the continued race for actual innovation. there is also Samsung, but as I had a legal issue in 1991, I took them from the consideration list, I can hold a grudge like only the Olympian gods can. Still in their defence. the question becomes how can you make a computer truly innovative? It is a question that is not easily answered. there are a few options, yet some of the technology required is still in its infancy here.

In addition, in similar ways, iWork has been unable to grow due to the restrictions (read: limitations) that the suite offers. Instead of trying to persuade the Microsoft Office users (which is not a bad path), iWork has not grown in the directions it could and they are now paying for it through reduced exposure. Still, there remains a valid opposition to my accusation of: ‘have become agents of iterations’. To see this, we cannot just state that there is a new iMac and as such they are merely iterating. There is in addition the issue of hardware versus software. So in my view, a true innovation would have been a Wi-Fi upgrade, not just a faster system, but a system that is keyed to the home and mobile devices. As we are now a little over a year from the first steps of 5G, as we are all more and more connected via different devices, Apple left out in the open a huge sales opportunity by having the options of having devices linked and interlocked. A missed opportunity. You see as bandwidth becomes more and more an issue, as we tend to have a home bandwidth that is 100 times larger, having the option of the auto upgrade manager on your desktop device (iMac). So when you come home, apps and content will be distributed to the devices you want them to placed in. So at home ‘without even thinking’ (sorry Microsoft for using your Windows 95 slogan). the devices will do what needs to be done and you need not mind. You see, as people are trying to push Block chain into every financial corner, those people forgot on how block chains can also be the foundation for users on multiple devices. Now that is not always needed, because we get mail in the cloud, data in the cloud and via the cloud, but that is not for everyone. In addition, people forget about the photo’s they took and they do not always want that in some cloud. There are legions of options here, but at time we want some of this offline. finally, as we do specific tasks (for example on a train), we prefer not to lose too much bandwidth whilst on a train. Tablet and mobile bandwidth can be expensive. In equal size we tend to forget how large some files are and as such we could rush through our bandwidth in no time. This is just one of two options and we have seen very little development in that regard. Apple might want to let others develop it first, but that also leaves them with less when they need to have that additional step forward. It was a mistake Microsoft hid behind for the better part of 2 decades. In that same approach we see how consultancy and project software could benefit a different side in their designs. Now, that is not for Apple to side with, but it could have been an opportunity to grow in new directions. Anyway this is not about starting a fight on 3rd party vs others, this is about iteration vs innovation and Apple has been reluctantly innovative.

This gets us to the other side of it and here I am not siding with Apple, but I am wondering if Apple has been treated correctly. This we see in ‘Apple ‘error 53’ sting operation caught staff misleading customers, court documents allege‘ (at https://www.theguardian.com/technology/2017/jun/05/apple-error-53-sting-operation-caught-staff-misleading-customers-court-documents-allege). Now first let’s take a look at the error 53 part. The issue is that “‘Error 53’ is a message that occurred after updating to iOS 9.0 on iPhones of people who had had their TouchID fingerprint sensor replaced by a repair shop not licensed by Apple. The phones were rendered useless because the operating system update detected a mismatch between the sensor and the phone, and locked the device, assuming unauthorised access was being attempted.”

Now here we see two sides.

In the first side we see “Knives damaged by misuse, improper maintenance, self-repair, or tampering are not covered.“, this is something Buck knives has in play. By the way, this comes with a life time warranty so that remains awesome. In addition, for decades TV warranties were voided if unauthorised repairs were made (or repairs by unqualified repairman). With laptops there was Compaq, who would void any warranty if a non Compaq technician had worked on it. They even created special Compaq screwdrivers to keep a handle on it all. So when we see ‘replaced by a repair shop not licensed by Apple‘, I am not certain if the ACCC has a case, they have not acted against Philips, Sony and a few others for the longest of times.

So when I read: “accuses Apple of wrongly telling customers they were not entitled to free replacements or repair if they had taken their devices to an unauthorised third-party repairer” I remain in doubt whether they have a case.

So when we see “Australian consumer law clearly protects the right of a customer to a replacement or free repair if the product is faulty or of unacceptable quality“, which I agree with, yet the owner did not go to Apple, did they? I have had my own issue with Apple in this regard (different device), yet can we agree that when we read: “It is however important to note that if a non-genuine part is fitted to your Toyota and that part’s failure or the incorrect fitment damages your vehicle, then that damage may not be covered by your Toyota Warranty“, so how can something that applies and is valid for Toyota is not valid for Apple?

I believe that ACCC acted out with another agenda. The need for warranty protection by having repairs done by authorised service people has been in the axial of repairs for decades. In addition, when we look at the facts, why would ANYONE go to a third party for warranty repair? That is just insane. So when we read “wrongly telling customers they were not entitled to free replacements or repair if they had taken their devices to an unauthorised third-party repairer“, I am actually wondering how they could come to the conclusion ‘wrongly‘. You see when we read: “Australian consumer law clearly protects the right of a customer to a replacement or free repair if the product is faulty or of unacceptable quality” we now wonder how true that is. You see, warranty is either valid (Apple fixes it for free), or it is beyond the warranty term and you have to pay for it and then it is no longer done for free, so you might select a third party. Yet if this is not an Apple authorised dealer, don’t you have anyone but yourself to blame?

So this is the other side of the apple, what constitutes voided warranty.

You see, if Apple loses this part, I can start repairing Raytheon’s Griffin systems. You see the upgrade (from C to C-ER) and equipment alignment costs are roughly $15,000 per day (excluding parts), if you do not have the proper Service Level Agreement. I can offer to do it for $5,000 a day. so if my work is shoddy (which they will not know until they fire the device, I can be very innovative towards my income), can they apply for warranty at Raytheon, or have they voided their options? You see I will have a NDA with a ‘this repair has been completed to our highest corporate standards’, so I am in the clear and the way the world goes, with 225 upgrades, I will have a decent Christmas this year. Yet at that point the ACCC will not go after Raytheon, it will go after me (what a whuzzes). So how come that the rights of Raytheon are better than those of Apple?

It seems that people assume so much with their mobile devices nowadays, I need to wonder if people comprehend what they buy and what responsibilities come with it. In this the initial question ‘Why did you not take your device to Apple?‘ is one that is not addressed at present and as such I have little faith that the ACCC has a decent case at present (in the shape we saw presented today).

the second and first part interacts as the upcoming shifts will in equal part see new frontiers in Service Level Agreements, Customer Responsibility and the comprehension of the elements covered in a warranty. Because what is included is likely to shift a fair bit over the next 2 years. In addition, innovation is also a shifting concept. Whilst it was “a new idea, device or method”, we (read: the corporate marketing departments) have often seen it as ‘the application of a solution that allows to meet the new or altered requirement of the customer‘ which we get when we iterate with a more powerful processor, more storage, larger screen. So going from 1080i to 5K screens might be accepted as truly innovative, because that took another level of screen and electronics. Yet at times, the pass through of merely upgraded speeds are also seen as innovation, yet at what level is that? When the device remains merely the same to the largest extent, is that not merely iteration?

So here we see the two sides of the other Apple. What we see, what the maker offers and how we both interpret the presented term of innovation.

 

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