Category Archives: Law

January 7, 2018 · 14:39

Apples, Pears or Fruit?

I got mesmerised not by the news, but by an article (at https://www.inc.com/heather-r-huhman/how-to-recruit-top-talent-3-trends-youll-need-to-know-for-2018.html) giving me ‘Big Changes Are Coming to Talent Acquisition in 2018. Here’s What You Need to Know‘, you see, there is nothing wrong with the article, it is sound and it makes a lot of sense. Two things jumped out. The first was actually the second issue “Know your ABCs: AI, blockchain, and chatbots“. It took me back to the 80’s where aspiring new IT Turks had their little vocabulary of things you need to know and mention. So that ABC would be a decent testing soon enough. It is a decent approach, yet soon after the thought was given we will be finding the highly desired ‘almanac of answers‘ soon enough and without technical representation at such an interview, the HR director could end up feeling slightly too lonely for that interview.

It was the first issue that was a larger concern. Perhaps concern is the wrong word. The need to contemplate the mention ‘Focus on adaptability‘, you see that train requires more thought and depending on your point of view, you feel right, wrong or decently confused. I always focussed on flexibility, they are NOT the same. Here the dictionary was of some assistance. As an example it gave me “rats are highly adaptable to change“, so do you want a firm full of rats? They tend to jump ship when things get dicey or too challenging. It was not the example I wanted to use, but I will happily adapt my flexibility accordingly. There is a second part; the option ‘capable of bending easily without breaking‘ is much better, but here I do not completely agree with the adaptation of ‘easily‘. I believe that a flexible workforce gives strength, at times adaptable applies in the same way, but there are differences. When you are flexible you can always resort to your earlier ‘shape’, and flexibility is presumed to be immediate. When you adapt to the new environment you change your shape, so we can argue that you become a new person, instead of merely a more versatile one. This is an equally wrong view as there is no given that an adaptable person cannot adapt back to his earlier self, in the application of flexible versus adaptable it is merely implied.

Another source gave me: “Adaptability and Flexibility, “Indecision is the key to flexibility!” The world of work is changing at an ever increasing pace so employers actively seek out graduates who can adapt to changing circumstances and environments, and embrace new ideas, who are enterprising, resourceful and adaptable“, here I disagree. You see, the flexible workforce has its own set of decisions to make, but they tend to have an everlasting changing atmosphere in where to score their Key Performance Indicators. This has been nearly forever the situation in customer service and customer care positions. That is from a software point of view. I will agree that such changes would be much less likely in the banking sector and that conservative placement is actually changing rapidly nowadays. From my point of view in these places would fare better with a flexible person than an adaptable one. If only from the presumption that adaption takes time and flexibility does not.

In all this there it is not same academic debate and in many cases it is basically the same from any point of view. Yet another voice gave the example that one person is talking about oranges, the other one about pears and they all agree that the fruit is peachy. It sounds nice but once we see that certain steps are linked to KPI values, the discussion could impact someone’s career to a larger degree and that is definitely a larger problem for all involved.

In another example we see: “that focuses on a child’s ability to adapt to new situations, improvise, and shift strategies to meet different types of challenges“, it is a view I very much agree with, yet here too there is caution, because flexibility is also set to parameters. It is more clearly shown when we add: “Video games can help improve Flexibility by allowing kids to practice their Flexibility skills while in the midst of a fun and immersive game“. Yes this is true, yet there is a hidden catch here. The hidden catch is that a game has software and hardware. In some cases a game could be played in more than one way, so set this child on a game like Minecraft on a console (PS4 or Xbox One), let the child play for two hours each day for let’s say 4 days, then on the fifth day give that child the same game on a PC or Tablet. Now you get to see the interaction of flexibility and adaptability, the flexibility to comprehend and adjust to another format seems easy enough, but the person adapting from a controller to a mouse/keyboard or a touch panel of a tablet is another matter. We need both and now the two parameters are shown more widely apart.

Yet this is not the only example and even as we can clearly see the interactions, the needs and the optional issues with flexibility and adaptability, the true test is not in a video game, it’s within ourselves, just like with any other new technology, the flexibility to allow adaptation and the adaptability we have to grow as we engage with new and evolved systems, as well as our environment as it changes as well. Blockchain technology is probably the best and clearest example for all involved parties. Parties on several levels are seeing its usefulness and as Mobile G5 is starting to arrive the list of benefits will increase, faster and larger. Moreover, as companies push in a more global way through clouds, Blockchain technology might be the only one that is least likely to hamper growth, even allow for Wild West growth. Yet this push has two opponents. The first is the marketing hype, as the ‘solution’ is oversold, more and more optional implementers will have ‘additional‘ questions and as no clear answers are given, opposition to the new technology will rise. In addition those evangelising ‘be first or become obsolete‘ players are not helping matters because this is a sales pitch that can never be proven, in fact we have seen how some who did not initially race towards the e-commerce side have not ended up dead (or last), in fact they benefitted from the mistakes and costs the early adopters had and avoided loads of hidden traps. In opposition there are those shunning Blockchain. Some seem valid (for now), much more of them are seemingly doing this in fear of loss of control. The latter is more likely to be seen in data and data management as the tools to manage, edit and audit these sources are vast and far away from today’s reality and today’s usage. Yet it does work (as far as it can be observed) and the part that stops some people is to view, depart and give the new format the go is the fear of being left behind with inconsistent data down the track (in case things fall over). Even as the sources can see how powerful this data could be, especially as data is collected for market Research, the fear shown so far seems to be overwhelming. Especially when we look at established brands and their lack of pace and space to upgrade what is into what could be. The people in Market Research merely need to look into the missed options by letting SurveyCraft be vultured, without clear evolution and system continuance, to see how a market was lost to a much larger degree than the players are willing to admit to.

And here we see part of the issue pointed out. We see this also (at https://globaljournals.org/GJMBR_Volume11/2-Impact-of-Employee-Adaptability-to-Change.pdf), in a paper called ‘Impact of Employee Adaptability to Change towards Organizational Competitive Advantage’.

On page 2 we see: “Organizations are now well equipped to switch according to the circumstances that will be sustained the operations in the long run”. When we see this in light of: “Studies by Bishop (1994) and Bartel and Lichtenburg (1987), proved that highly skilled workforce payback to organization in the shape of higher outputs and enhancing adaptability towards change”. Yet in this light ‘enhancing adaptability’ is not the same we see nowadays. Then it was in light of certain values and certain requirements that the masters of their workforce required. When the bottom line is set in light of a mere quarterly growth the short term requirements tend to have a very different impact. It was discussed in 2009 by Daniel A. Mazmanian and Michael E. Kraft in ‘Toward Sustainable Communities’. With: “Applying sustainability criteria to everyday matters of public policy, business management, and personal consumption is fraught with conceptual and moral hazards”. It requires a rare combination of long-range foresight and short- term adaptability, yet that proper usage is as I personally see it no longer ‘adaptability’ it is ‘flexibility’ through our contemplation of proper acts. Proper acts that tend to be absent of morality that the powers to be employ. Their limited care is towards their stake holders, their shareholders and their own bonus within the legal option available to them. The example of PwC in BT Italy and Tesco are merely two of several. The fact that we heard: “PwC has escaped official censure over the Tesco accounting scandal, after the UK’s accountancy watchdog closed its investigation into the auditor’s approval of the grocer’s flawed financial statements”. It is not because there is no evidence, but because it shows that under the most grey of versions of events that PwC cannot be pointed to as a culprit, the fact that no law can be proven to have been broken is central in this. We can argue whether their setting was ‘did we uphold the law’ or ‘will any of this stick to us’, are two very different statements. The flexible person will contemplate ‘did we uphold the law’ and do whatever he/she can without breaking it, which is a valid position to have. Yet the adaptable individual who will be set behind ‘will any of this stick to us’ is more questionable, yet is it wrong?

That is in my view the difference. I do admit that adaptable and flexible might be interchanged here, unless you accept that ‘Flexibility is the Thinking Skill’, when we do that the setting is no longer interchangeable. This is where I find myself now. Are we talking apples, pears or is it all fruit? I am no longer certain because the needs of Business Intelligence have changed. It is not about translating the results into ‘a story’ and presenting that. Not transferring the numbers and what they mean, but what it could be ‘seen as’, which is not the same thing. In this the bosses need adaptability.

Yet what are you adaptable or flexible?

And when you learn you were not one, you were the other, will you listen to your inner voice?

So what gives?

You see, I believe that our lives are in transit and to a larger extent our working lives are changing. There has been a push for a new kind of leadership in corporate circles. This has happened for a longer amount of time, but now we see more and more advertisements looking for people with an adaptable nature. The next example is not uncommon; it is appearing in more and more job offers. For example: “First and foremost, you will be a high calibre Business Systems Accountant with a positive, pro-active and adaptable demeanour”. What is central in all this is that the articles around us and there is an increasing focus on ‘adaptable’. This is not a fab or a hype. As I personally see it, it is the sign of the times. Every company is looking deeper and deeper into what is possible. As accountants, General management and members of boards are trying to hold onto their 20% growth they are more and more thrust into the world of Black Letter Law. UNSW had an interesting opinion piece (at https://newsroom.unsw.edu.au/news/business-law/bias-and-%E2%80%98black-letter%E2%80%99-judge-who-dyson-heydon). You might stare at the fact that it is 2 years old, but the issue is that the change has taken 2 years for people to be more and more thrust into the reality of that cold light. With “The Howard government appointed Heydon to the High Court in 2003 following a speech that was billed as his “job application” for the upcoming vacancy. In it, he set out his vision for the ideal judge. The judge should interpret the law “according to the books” and do so “incorruptibly”.” In addition we see: “Heydon called out the antithesis of the black-letter judge: the “activist” judge. The activist judge decides cases not by reference to established legal principles, but to further “some political, moral or social programme”. The activist judge uses cases to right social wrongs in accordance with the individual judge’s worldview.”

I believe it is not entirely so the case, even though the phrase is not incorrect. You see, some look at the letter of the low, some look at the spirit of the law. What was that law meant to achieve? As our vocabulary has changed certain standards, the standards have shifted on, but the law did not. An example could be seen in ‘decimate’, which now means “to destroy a large portion”, yet in the old days, when it was originally used (by them Romans), it literally meant “to kill one-in-ten”, which came from the Latin word decimates, we still use this in the form of decimal, and another example in this case is ‘divest’, which originally meant “undressing as well as depriving others of their rights or possessions”, yet not until quite recently when it became “selling off investments”. I see this as a dangerous change, you see when the laws were made there was a different meaning in some cases, and consider that Australia still has the Crimes Act 1900, such changes could be a little more perilous then others. The importance of the spirit of the law becomes more and more evident when we consider certain implications. Even as we cannot fault the direction of those who embrace the black letter law, the impact is slightly too large for comfort. Laird Kirkpatrick gave us more dangerous examples in his book ‘Black Letter Outline on Evidence’, here we see: “in 2003, the UK changed the statutory definition of hearsay, and in Regina v Chrysostomou (mark), 2010. L. 942 (Ct. App. Crim. Div. 2010), the court of appeal concluded that drug enquiries found on the defendant’s cell phone were not hearsay, apparently rejecting the earlier view.”, that is the application of black letter law. So how often will these changes benefit the proper setting of the spirit of that law as it was initially set into law? So now take this headline: ‘The UK accounting watchdog today dropped a misconduct probe into Tesco’s auditors PwC, saying there was “not a realistic prospect” wrongdoing could be proven’, why was the investigation halted? Why was proving certain matters not realistic?

I would love to speculate here. You see, I think that in the black letter of the law PwC did not break any laws and did nothing wrong. In this Tesco inflated itself for well over £250m, and got fined £129m because of it. Even as some PwC members are still looked at, I believe that to sizzle away. I believe that PwC decided to go Black Letter Law and did EXACTLY what the law told them to do, even as the spirit of the law is nowhere near those actions. This is the age of Adaptable management and the question is will this be a repeat at BT Italy? It is too early to tell, but if we believe the Financial Times, who gave us: “The fraud involved various methods of hiding and minimising operating costs at BT Italia. Some were complex, but others were as basic as moving expenses into the “capital expenditure” column normally reserved for building and acquiring assets. None of it was picked up by PwC, BT’s senior management or its audit committee, which has regularly reviewed the global services unit, which included Italy, since an earlier accounting debacle in 2008-09.” (at https://www.ft.com/content/c633d452-5c99-11e7-b553-e2df1b0c3220).  I reckon that there will be additional questions at some point. Yet the one thing that was never brought to light in case of Tesco was how matters were missed. If you pay £13M that year (including £3M for consultancy), how was there anything left that was not looked at?

If we know from TV that you never say something specific to your attorney, so you say ‘I bought a new carving knife as a present for my mother in law, is that OK?’, instead of ‘my mother in law is rather clumsy, so I got her a super sharp carving knife and I have been lacing her drinks with aspirin so she could potentially bleed to death next Sunday, am I liable if something happens?’

I reckon that in the application of accountants similar issues apply. So you would say: ‘We made changes in division X to look better, can you focus there to make sure we are all up to scrap’ instead of ‘for the love of god, do not look at division Y where we inflated the whole bloody lot’. So as the accountant was not ‘aware’, they missed it. It is just a thought, but how far off am I? Consider that the meaning of Nice changed from ‘foolish’ or ‘silly’ to ‘pleasant‘, it does not matter which version I am, I feel perfectly safe with either.

Yet in the spirit of the views that I have, I am slightly damning to the black letter adaptable workload of management, they could undo a lot more than we saw and felt in 2008.

 

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January 4, 2018 · 17:49

Squeezing the Apple juice

We know that Apple has been playing games in the past, I myself lost close to $5,000 due to their little games, yet I also have had great joy with their devices, so when I read ‘Apple faces lawsuits over its intentional slowing of older iPhones‘, (at https://www.theguardian.com/technology/2017/dec/22/apple-lawsuits-intentional-slowing-older-iphones), I decided to remain a little cautious. One of the claims in the class action regarding the batteries was countered by Apple with: “Apple has admitted to slowing down the iPhone 6, 6S, 7 and SE when their batteries are either old, cold or have a low charge to prevent abrupt shutdowns“, this is odd as the Apple 7 is less than 15 months old (about the same time I got screwed with my Apple). What is a real danger is linked to the claim “Apple purposefully and knowingly released operating system software updates to iPhone 5, iPhone 6 and certain iPhone 7 phones that slowed the performance speeds of the central processing units (‘CPUs’) of these devices“, if proven could result in a massive fine and even could opt for the dropping of the price of the iPhone X by a lot (30%-60%), which would give the first wave owners additional reason to be angry too. One of the plaintiffs gave: “Instead, Apple appears to have obscured and concealed why older phones were slowing down.” which would be part of the issue and not the smallest part of it.

And Apple is not done, in the last few days, the media have been drowning us with all kinds of Apple news. Some come with the upcoming optional acquisition of Netflix, some come with the fact that the prices of Apple batteries have been slashed to a mere $29 dollars, Apple developer program fee waiver and even Fortune with ‘Why the Next iPhone X Could Be Apple’s Biggest Smartphone Ever‘ is taking part in all this. With “KGI Securities analyst Ming-Chi Kuo said that he believes Apple will offer an updated iPhone X this year to complement a larger, 6.5-inch iPhone X Plus model” we see a new twist. The people who spent $1829 on the ‘old’ model merely a week ago will see their model outdated whilst it is still in the warranty phase, that is if they didn’t spent the additional $299 for the Apple Care option. So as we see these waves we might lose side of the Business Insider who is giving us: “Apple’s battery controversy could cost the company over $10 billion in lost iPhone sales“, (at https://www.businessinsider.com.au/apple-battery-controversy-10-billion-lost-iphone-sales-2018-1).

Barclays gives us four main reason, but the one that matters is awareness, Apple had been left in the shadows for the longest of times and now that the actions of Apple are out, the people are taking more notice, the fact that the old X is now getting the shadow of the new X is equally an issue as sales could plummet. Who wants the old model now, when they could feel inferior as the Greek summer arrives and a larger screen edition, all for taking the bikini selfies on 6.5″ would be preferred by man and woman alike?

Yet in all this, the act of the accused battery drain scenario is now falling in the backdrop. Even Forbes who gives us “reducing the $79 charge for battery replacement services to $29 for 11 months “for anyone with an iPhone 6 or later” does not seem to give too much addition to all those iPhones that were working fine recently and now that the patch is there, the 5 year old iPhone 5, immaculate or not is to be regarded as obsolete. So much for the tribute to Steve Jobs that Tim Cook gave in September 2017. With “Steve’s spirit and timeless philosophy on life will always be the DNA of Apple“, which pretty much went out of the window through the use of a battery and an alleged software patch. Even as Vox gave us ‘Apple admitted it’s slowing down certain iPhones‘, yet how will this play in the class action? I am betting that their legal defence will rely on the words ‘miscommunication‘ and a ‘failure at the QA level‘, which does not make Apple innocent, it merely makes it look less guilty and whilst we now see all the massive waves of news (the Netflix rumour, which I got from a Citi source is the biggest limelight push) will aid in getting the water nice and muddy until the people care a little less on their bad investment of $1800+. The Vox article (at https://www.vox.com/2017/12/22/16807056/apple-slow-iphone-batteries) also has the Apple ‘party line’, which is: “Lithium-ion batteries become less capable of supplying peak current demands when in cold conditions, have a low battery charge or as they age over time, which can result in the device unexpectedly shutting down to protect its electronic components“, which is in my book a way of stating that the battery is the lemon not worth the Squeeze. Apple basically needed the Samsung Note 7 battery, but dreaded the inflammation of flames in the iPhone, we saw how that pounced Samsung, so as we see that their battery was not the solution (according to the software) we see the dangers that down the track your mobility and connectivity is set to a $29 battery and its 330 day lifeline. So is the larger screen about a larger screen, or will it be because the larger new iPhone X will be about the essentially desperately needed larger merely to keep the iPhone X switched on?

the most important part is seen in the statement by John Poole, founder of Primate Labs and Geekbench developer. with “Once the phone is shut down, the battery is in a state where the only way to get the phone back online is to plug it into a charger. If you’re out with your phone on the go, that’s clearly not a great situation to be in” we see that the negative evolution of iPhone from mobile smart phone to merely a phone and not a very smart one is at hand and for those on route, they get to live like the executives of 1975, on the road without a phone to appraise their customers of the delay that they are facing.

They could take a break and eat an apple, to keep the doctor and his/her ulcer medication away, but that would be the mean thought to have.

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December 30, 2017 · 13:13

Vestal Virgins of Health

We tend to get nervous whenever Richard Branson gets mentioned. I am not sure why. You see (at https://www.theguardian.com/society/2017/dec/29/richard-branson-virgin-scoops-1bn-pounds-of-nhs-contracts), we see two parts. The first is “Richard Branson’s Virgin Care won a record £1bn of NHS contracts last year, as £3.1bn of health services were privatised“, the second is “Its growing role has prompted particular anger among anti-privatisation groups. It pays no tax in the UK and its ultimate parent company, Virgin Group Holdings Ltd, is based in the British Virgin Islands, a tax haven“, my two issues here are ‘So what?‘ and ‘What did you expect would happen?‘ You see, the solution I had in mind is still not in the roll out and as such Richard has a few issues to deal with soon enough, but the larger extent is not the solution to get it on the rails, it is that both sides of the political isle have been sitting on their hands for over two years and the previous labour administration wasted 11 billion with no results to show. I have shown over half a dozen times in the last year alone that actions were needed and Richard saw options to fulfil the need, so as we read: “Privateers continue to win huge new NHS contracts“, we need to realise that the NHS can no longer make it happen and that the health care costs in the UK will go up, all largely due to politicians not seeing eye to eye on the solutions needed.

So when we now look at the need for the people we see that not only is the interpretation of the mess wrong, the issues that we saw last February (at https://www.theguardian.com/commentisfree/2017/feb/28/labour-nhs-jeremy-corbyn-hospital-theresa-may) is still not improving. With “Labour’s failure to counter the right’s message has left more people blaming the NHS crisis on migrants and patients’ bad lifestyles than Tory underfunding or rising numbers of older people“, this too requires scrutiny, because the coffers are empty, all sides in the UK were impacted, so that includes the NHS. In addition, when we see “Whoever follows Corbyn will now find it ferociously hard to regain that lost NHS ground” we see that the message got lost in many ways, because it is about owning the issue and resolving it, not to win lost NHS grounds, because that is merely a conversation on things that are nice to have and the patients will still die as the ‘conversation‘ continues. It is largely too late for conversations, it is time for actual solutions. I am not of mind whether Virgin Care UK is the right step or not, but it is an ACTUAL step being made, which is every time better than merely talking to the press on how hard things are. The people in the UK have had a few years of that with no resolution into any real solution. So as the papers go on regarding the death of a bullied girl and eating disorder services, we seem to forget that the two extreme (yet not ignorable issues) are not the centre piece, it is brought as the outliers in the game that is actually larger and has a few other problems that are digging itself to the surface. So as we see the blame of neglect, we forget to ask the question in regard to “Becky Romero, 15, was let down by ‘gross NHS failures’ an inquest heard“, yet where were the parents? Where were HIS/HER responsibilities? And when we see “The troubled school girl was victim to more than a decade of bullying before her death earlier this year“, what EXACTLY did the school do in the end? It is not a secret that the service is massively underfunded, it is not an excuse, it does not clear the NHS of any blame, but it seems to me that the school had already massively failed this student, and where are they in the dock? Where are the parents in all this?

It seems to me that there is plenty of blame to go around and the NHS has been given the black card for a few times too many. If anything, we could state that Parliament itself might be seen as the guilty party as they had no funds available. The buck gets passed around and around and there has been way too much of that.

In my view it is time that the parents themselves are getting the responsibility to some degree. Now, this is not fair and there should be a better way, but should child care and child wellbeing not be with the parent? I know that there are exceptions, but it seems to me that there have been too many exceptions in too many places and ways and the NHS is no longer able to meet the challenges it faces. Changes will be needed in the immediate and even to the longer extent for now.

So is Virgin Care the solution?

As I stated before, there is no way to tell, but it is an active step in resolving issues, which is better than looking at it and whining about shortages to the media whilst no actual actions are taken, except for planning stages that cost thousands of pounds and merely result in a report. You see, it was only 2 weeks ago that we saw “One CCG – NHS Surrey Downs – accidentally disclosed in its October public finance papers that its liability over the case was £328,000“, in my view it was not an accident, or the mere fact that it might have been shows not merely a flaw, but a larger lack of competence in this regard. Like any firm it went to court after the firm was confronted with “a “serious flaws” in the way the contract was awarded“, yet the petition was all about Branson being rich and not bout the NHS chapters screwing up AGAIN, whilst also dragging its feet regarding confidential issues. So as we get misinformed on 2 million versus the Branson estimated wealth of 3.5 billion, whilst in the same setting forgets that the NHS bungled issues for a decade and as such they can no longer get things done and private options are all that remains, that is a business decision and as such, business decisions are a game that come with rules and regulations.

In all this there is a side that people seem to ignore. You see, if Virgin Care UK gets even as little as 10% of their contracts done, with passing grades, we see that a for profit organisation has been able to do what the NHS no longer could, showing that a harsh overhaul had been overdue for well over a decade. I showed part of that earlier this year in both ‘Choosing an inability‘ (at https://lawlordtobe.com/2017/02/09/choosing-an-inability/) and ‘Healthy or Smart?‘ (at https://lawlordtobe.com/2017/02/10/healthy-or-smart/), two moments where we see the usage of funds that are debatable. Now, whether it should have been done is not the question, what is shown is that the NHS is so short of cash whilst the privatised versions are optionally now making a profit. Considering that Richard Branson is in it for the cash (to some extent), showing that it can be done is merely meat for the grinder showing that the NHS has a few more logistical flaws than any of us are realising. As such there is a clear chance that we need to ask a multitude of serious questions at the address of the NHS and not at the setting of Branson incorporated, that is the evidence we might be harshly confronted with at the end of 2018.

The fact that the people at large are starting to realise that harsher acts are needed are an initial first in resolving the issue. The fact that the Daily Mail reported on Drunk Tanks, an issue I raised in 2014 shows the additional part that the actions by the NHS have been too lacks and too slow, it could be the evidence that drove Richard Branson in entering the UK care field more energetically over the last 5 years.

 

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December 12, 2017 · 14:40

A hanging matter

In light of all the news we see, from North Korea who is gracing the planet with tectonic shocks to HSBC who now heralds “the deferred prosecution agreement (DPA) entered into with the Department of Justice (DoJ) had expired – lifting the threat of further penalties“, yes these are the parties you simply care about. But the fact is that the issues seen should be regarded as trivial, even as most board members of HSBC should be hung from a lamp post by the neck, mainly because the Guardian (at https://www.theguardian.com/business/2017/may/05/hsbc-chairman-douglas-flint-interview-profile-profit-growth-scandal) states that the bank that is ‘too big to manage, too big to fail and too big to jail’, could be instantly solved by 19 pieces of rope each around 15 feet in length (about $175 in total). Yes, some solutions are actually that simple. Yet in all this, how does this go over for those who survived Grenfell? That is the actual issue. Jeremy Corbyn might take advantage on the matter with “failure to rehouse Grenfell Tower survivors a disgrace“, yet if his party had done a lot more between 1990-2010, the disaster might have been less. In this the conservatives have been equally guilty, because after the Iron lady (Thatcher 1979-1990) the housing matter had been going downhill. We see the news on all these over the top events of buildings, investors and places that are impossible to afford, the people end up not having any kind of housing option and that is where the people of Grenfell are. In nowhere land, with nothing to look forward to and no one is picking up the axe to chop down whatever is set against them. Yet HSBC with its $4.6 billion pre-tax profit is up and surging to surpass its $13 billion annual profit and they no longer have to fear further penalties. Yes, the jurisprudential engine is failing the people to the largest degree at present.

So when we look back to September 14th (at http://www.bbc.com/news/uk-41262914), did we get answers? As the investigation did split we get “Sir Martin said the inquiry would be split into two phases – with the first examining how the blaze developed and the second looking at how the building became so exposed to the risk of a major fire.“

The fact that the report is still well over three months away does not help. Even as the media focusses on what is happening now (makes perfect sense), the Guardian gives us (at https://www.theguardian.com/uk-news/2017/dec/11/homeless-because-of-a-tragedy-struggle-to-rehouse-grenfell-survivors-continues), ‘‘Homeless because of a tragedy’: struggle to rehouse Grenfell survivors continues‘, this is truly an issue in these days as we go towards the festive season and there is no real solution for this. The politicians that short changed the need of the people from 1990 onwards is showing to be a centre piece in all this. Yet at http://newlondondevelopment.com/ we see that 1318 projects are in play with the quote “New London Development showcases significant commercial and residential development across London“, yet how much of that falls in the affordable living category? So consider the Battersea Power Station. In May the amount of affordable houses as stated under the initial deal got cut by 40%, there is a larger issues and as councils rubber stamp options for developers as they cry to the song ‘losses in my life!‘, the larger issue is that this might be the most visible one, it is not the only one. In all we do know that a lot of the 1318 projects are commercial and corporate projects, plenty of them are housing and how many others have been slicing affordable houses on the list? In all this the quote “However, the project headed by a Malaysian-led consortium is on course to make profits of £1.8bn” and that is the larger problem, Lord Mayors past and present had done too little to stop councils from proceeding the way they did in regards to the Battersea Power Station. We see this in the quote ““If these numbers are accurate, they seem to suggest that the council have had the wool pulled over their eyes – allowing themselves to be hoodwinked into cutting affordable housing while the developer’s profits remain strong,” Khan told the Observer.” As I personally see it, they treated their ego as it was their penis and played for it slightly too long, instead of getting the guidance they needed. They weren’t hoodwinked, they were merely ego driven and they got played as stupid people tend to get played. That latter part is seen in the quote “the council failed to provide us with this information before deciding to send the application to planning committee for decision“, in my view it shows intent, it shows that they valued their ego above all else and as such they should not be allowed to be in the position that they are in. The fact that they have no short-list of houses for people like those facing the Grenfell issue is further evidence still. This is not new information, these are details that have been known for 5 months, in all this, the Grenfell people are in hotels, or better stated close to 80% of the survivors are. In this the papers give us “from Theresa May’s unachievable commitment, made in the immediate aftermath of the disaster, to get them into new homes within three weeks, to the current promise that everyone will be rehoused within a year“, which might have been realistic, yet with councils catering to developers profit, there is a decent indication that housing them all within a year might not be achievable at all. Yet it could have been worse. Grenfell could have been without victims and 71 additional houses would be needed. Can you imaging the coldness of this statement? This is seen in “There’s something about the language that feels transactional, that feels like the local people are consumers” and that is just the larger issue. The councils have become mere spread sheet users where the budget is the bottom line. From cladding savings to developer catering, the bottom line is profit and the ‘mishap’ called Grenfell towers is not an acceptable situation for any of them, yet for them it is not about the victims, or the aftermath, it is about the spread sheet needing to adjust for houses that are not there, not foreseen and not anticipated. In all this to help these people councils should be less emotional and in that regard the transactional pose might apply or be acceptable to some, yet the hardship cannot be set in some value, it is set in the heart of the matter and that heart is bleeding. Now that we see ‘Human rights commission to launch its own Grenfell fire inquiry‘, we need to ask different questions. You see, I get it, it needs to be done, yet when there are two enquiries and as one is published a lot sooner, will they hinder one another, or more important, will the official investigation get hindered in all this, because that could enrage the population in the UK at large.

Part is seen in the independent (at http://www.independent.co.uk/news/uk/crime/grenfell-tower-fire-latest-updates-police-manslaughter-misconduct-charges-criminal-hearing-deaths-a8103346.html) where we see a mere 17 hour ago: “Police considering manslaughter, corporate manslaughter and misconduct charges“, which is interesting as I voiced in agreement the term ‘corporate manslaughter‘ (at https://lawlordtobe.com/2017/06/27/betrayed-by-government/) like the Labour Tottenham MP, David Lammy. Yet I went a step further. Is there enough evidence to consider murder? If the evidence shows ‘cutting costs at any expense‘, does that show reckless intent? Can we go from Manslaughter to full scale murder? Would that constitute a larger scale of targeted killings and as such there would be no defence for the accused?

In the end we will see what was and what should have been, yet in all this, the HSBC link should be clear to all ‘too big to manage‘, London housing is beyond normal managing and the 1318 projects in London are further evidence still that a massive overhaul is needed to get a much better view of all of the building and overhaul projects. The coffers are empty and such an overhaul as would be required might be wishful thinking from the current Lord Mayor, the direct simplification of reality is that such changes will take too long and will be too dramatic to be allowed to happen as such. ‘too big to fail‘ shows us that the status quo will be partially maintained and the influx of investors is crucially important and as such proper change is even less likely to happen. Finally there is ‘too big to jail’, in this there is a need to get it done, but in the end will there be enough evidence to allow for serious prison time? That will soon be the matter at hand and as the most senior QC’s in the business will oppose one another in the fine print of the law, we need to realise that this would in the end amount to an institutional failure and as such the likelihood of any of these senior players going to jail is less and less likely. It is within the law and we need to adhere to the law. The played ones become the players to not go to jail. I have no idea if it happens, whether they escape the noose or escape the ridicule, what is a clear given that it could have been settled with one piece of rope per neck. Should we do so, than we would be breaking the law, which is something we do not want to do, but in the end, the most likely outcome is a fine, just like with HSBC, it would be a large one, so the council would try to get some kind of deferred prosecution agreement (DPA), which would be the delay they need to get some kind of expiry date after which no one is held liable or accountable for the entire mess. In the end, whatever fine is paid, is paid from the empty coffers of government. Implying that the next wage freeze for nurses and Emergency Staff, the staff of the London Fire Brigade and the London Metropolitan Police will in the end pay for the stupidity of the local council and Grenfell building management.

I wonder how correct I will be in the end. If I end up being 100% correct, I feel sorry for whomever will have to deal with the rage of the public, because this could still get really ugly over the next 4-5 months.

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December 2, 2017 · 13:04

Enabling crime

Thursday saw the light of an unsettling situation, unsettling to some that is. You see the article ‘UK police to lose phone and web data search authorisation powers‘ is very one sided. At https://www.theguardian.com/technology/2017/nov/30/police-to-lose-phone-and-web-data-search-authorisation-powers we see “Senior police officers are to lose the power to self-authorise access to personal phone and web browsing records” and as it ends with “an attempt to comply with a European court ruling on Britain’s mass surveillance powers“, this merely fuels my setting for Brexit. Yet it is not that simple. As people are shouting, screaming and considering how they are allowed, in rights of, and needing privacy. I stopped caring and worrying. When you consider the following parts:

SS7 hack explained (at https://www.theguardian.com/technology/2016/apr/19/ss7-hack-explained-mobile-phone-vulnerability-snooping-texts-calls), in 2016.

Here we see “Hackers can read text messages, listen to phone calls and track mobile phone users’ locations with just the knowledge of their phone number using ‘a vulnerability’ in the worldwide mobile phone network infrastructure“. We hear that something was done. It is given with “Since the exposure of security holes within the SS7 system, certain bodies, including the mobile phone operators’ trade association, the GSMA, have set up a series of services that monitor the networks, looking for intrusions or abuse of the signalling system“. So guess what! It was not or ever solved. It is merely monitored, the moment that this monitoring number is tweaked; organised crime has full access to you. This is only the first piece of evidence that European Laws have been enabling criminals and organised crime.

And with the quote “Reportedly, recent security testing of SS7 by an operator in Luxembourg took Norway’s largest network operator offline for over three hours due to an “unexpected external SS7 event”.” we see clear evidence that the criminals are winning. I wonder if those extremely high paid judges are considering that. Because their claim “mass harvesting of personal communications data could only be considered lawful if accompanied by strong safeguards including judicial or independent authorisation and only with the objective of fighting serious crime including terrorism” has no hold on criminals as they are in it for the money, not terrorism.

So even as the Guardian trivialises the danger in the correct way with “given the billions of mobile phone users across the globe, is small”, yet these criminals are learning and learning really fast. The contact book shows them who is connected to important people (for example @RBS.co.uk or @natixis.fr), that list goes on for a while as the contacts are lining up, the tally shows that the value of that person goes up by a lot. And let’s not forget, this level of data mining can be done with most ordinary computers. So as they are seeking data, downloading dumps for later, 99% gets washed and 1% is kept on the computer. I reckon that 99% gets burned on discs for later use and verification. Lorenzo Franceschi-Bicchierai gave warning in an article on May 4th 2016 (at https://motherboard.vice.com/en_us/article/mg7bd4/how-a-hacker-can-take-over-your-life-by-hijacking-your-phone-number), here we see “In 2014, UK authorities warned that criminals were taking over victim’s cell phone numbers and using them to get into the victim’s bank accounts. Now, a social engineering expert is warning that taking control of someone’s phone number is easier than previously thought, thanks to a code normally made of three letters and six numbers called the Porting Authorisation Code, or PAC“, the consequence is given with “De Vere was simply testing this on numbers he owned, but if he had been a criminal taking over other people’s phone numbers, he could have done real damage. Once in control of the numbers, he said, he could’ve use it to approve bank transactions with SMS notifications, bypass two-factor authentication on online accounts such as Gmail, and do other types of fraud” and that was three years ago. So how many operators have increased their levels of security? When I designed the initial solution towards the UK NHS issues, the largest issue I had was to contemplate a new level of non-repudiation, that person and only that person could have requested the medication for a patient. It is that part that gave me an insight on just how casual the online banking security is and this has seemingly been the case for over three years now.

I do believe that security is on the mind of every bank, yet absolute security is an illusion so they resorted to the bank vault principle. They started to design time based security. When you know that burning a bank vault takes 12 hours, you merely need to walk past it every hour to keep it secure. Even with sensors and other things, bank robberies never stopped, they merely became very rare, or better stated extremely rare being successful. In this online efforts are pushed, yet the same issue stays. Now it can be attempted every Nano second by billions, the banks consider that and see the effort as working because only a few ever get through. Yet the end is not near. As given by CNBC (at https://www.cnbc.com/2017/02/01/consumers-lost-more-than-16b-to-fraud-and-identity-theft-last-year.html). Here we see “15.4 million consumers were victims of identity theft or fraud last year, according to a new report from Javelin Strategy & Research. That’s up 16 percent from 2015“, so even as the bank is not all in this, we see in equal measure “Card-not-present fraud — transactions made online or via phone where the cardholder does not need to present the physical card to complete the purchase — jumped the most, increasing 40 percent compared to 2015“, so this implies that 40% more successful actions. This gives us “In all, thieves stole $16 billion, the report found — nearly $1 billion more than in 2015“. That is just the acts of cyber criminals out for cash. The more organised peers are collecting data for other needs. Inside trading data, options to make large cash drops from intelligence, that is the game that does not bring $16 billion, that is the stuff that brings 1000% more, yes, ten times more than current. The issue of non-repudiation could solve part of that, but the banks suddenly become all about ‘customer care’ and not being a hassle. Because their flood comes from casual use with no extra effort required. Their existence is set on that and ‘non-repudiation’ is a more toxic thought for their KPI’s and bonus needs. Even the trivial: “thanks to fraud protections governing credit and debit cards. The mean cost to the consumer was just $48, down from $56, according to the report“, you see it is not the $48 that matters, it will be the fact that your data is out there that matters, when that is flagged the highly priced job you want will be forever out of your reach, because your data is out there and now we see “We warned the government from the start that the authoritarian surveillance powers in the Investigatory Powers Act were unlawful. It should be a source of deep embarrassment that, less than a year after it passed, ministers have had to launch a public consultation asking for help to make it comply with people’s basic rights.“, from an ideological point of view I would side with Silkie Carlo, Liberty’s senior advocacy officer, yet the other side in me stops this, because if the cyber world is a prison, than you gave the prisoners the keys, you made the prison staff vacate the building and these advocates are stating that they prisoners are still in that prison and the doors are watched. But these prisoners can casually go past every wall, tunnel and high rope out of the building never needing the front door and everyone is now in the dark on what is actually happening in that prison, we did not merely lost oversight, we lost sight and visibility of what is going on and that is also the most dangerous of situations, that is when the people forget that by blocking the government and openly giving this all to criminals they are merely shooting themselves in the foot, demanding that the NHS pay for all the needs, medication and staffing to keep them ‘active’, so as the ‘snooper laws’ are altered, the people are forgetting one part that the article is hiding from them. You see, there is a truth in “Restricting the use of communications data to investigations of serious crime but using an offence carrying a six-month prison sentence rather than the usual three-year threshold so that offences such as stalking and grooming are not excluded“, even as that is true, those facilitating for these criminals because they sold other items like routers and computers, those people are out of the race, they are safe and that changes things because finding those stalkers, paedophiles and groomers just became a lot harder, it will take longer to find them and collect enough evidence to make a case against them. At that point remember that the altered snooping laws just gave those roaches 3 times the span to do damage and do 300% more damage to the number of victims.

Yet that casual usage also comes with other prices. As reported in CNBC we see Paul Stephens, director of policy and advocacy for the Privacy Rights Clearinghouse stating: “Third-party budgeting apps, like Prosper Daily and Mint, also flag unusual spending and suspicious charges. Keep tabs on your credit report for new inquiries or accounts opened in your name, said Stephens. Free sites such as CreditKarma and CreditSesame offer free monitoring, and you can also pull reports from AnnualCreditReport.com. Pay attention to any changes in your credit score, too. “A significant shift in your credit score might be a heads up that there’s something wrong with your credit report,” he said“. So now we have to keep tabs on things we never needed to keep tabs on before, how is that any better? It might not be an issue for 80% of the people, but the 20% that ends up getting hit will be in deeper water, deeper than ever before.

That is a part we do not see and matters will get worse with the upholding of this European ideological agenda bullet point. It was a nice to have in an economy of plenty, but those times are forever over and the rule of land and law seems to be shifting, the question becomes in what direction do you want to see it shift into a direction where every household will be required to have some kind of cyber insurance? How much will that set you back? And when you decide not to take it, what will the cost be when you lose a lot more than the inventory of your house because you were on Barbados or St. John’s? It gets even worse, when one of your litter (I think you call them children) decides to Facebook their friends showing off their new fashion or cool item conquest. What happens when the insurance does not cover the house damage because everyone apparently knew you were out of the country?

That is less and less of a speculation, with “Posting pictures of your holiday on social media could leave you open to being burgled – and have an insurance claim invalidated” is becoming a reality. You see, the insurance companies will phrase it as ‘contents insurance limits the number of consecutive days your home can be unoccupied without invalidating your cover‘, apparently it is already in place in some places. This is an issue that has seen the limelight well over 2 years now, and many also state ‘expect you to take ‘reasonable care’ when it comes to security‘, the ambiguity of that goes beyond close windows and locks, it actually includes you bragging on Instagram that you got lucky and ended up blissfully satisfied 2,000 miles from home.

All these issues are now coming more and more to the surface and you do not get to blame the police for that, you yourself voted to give away the keys and limit the options the police had to stop cyber-crimes. It was all connected, you were merely unwilling to see that floodlight and very soon you will see the impact around you. In a world that is mere and more depending on a credit score, on online savvy actions and on knowing who you divulge information to, you decided to give it all to the criminals out there whilst stopping the police all in the same action. So in all this we watch whilst we blame the police and enable cybercrime with our thumbs as we dabble statements through a non-upgraded smartphone. That too is important, because by the end of this year (more likely Q1 2018) over 15% of the current smartphones in use (android phones) will have a phone that will no longer be patched or updated, meaning that at that point we are all open to new forms of attacks, bigger and to a much larger audience. You can read more about that in Tom’s guide (at https://www.tomsguide.com/us/old-phones-unsafe,news-24846.html). Yet, do not worry, the police will be there.

Oh, they won’t be, you stopped that from happening too. Well, good luck to you!

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November 12, 2017 · 13:59

A second view, what can we see?

Some might have wondered how last Friday’s blog was weird (at https://lawlordtobe.com/2017/11/10/two-streams-one-view/). That is not a bad thing; it is not with the reader. The writer (read: that would be me) watched too many data sources and too much information on several sides from several fronts, I merely illuminated one path, one journey ever streams of data. More important, even as the Story was published (read finalised) on Friday morning, we see that Reuters reported (at http://www.businessinsider.com/frances-macron-flies-to-saudi-arabia-to-discuss-lebanon-crisis/?r=AU&IR=T) the mention “French President Emmanuel Macron booked a last-minute flight to Riyadh as tensions between Saudi Arabia, Iran and Lebanon heat up“. I am not so sure how ‘last minute’ it was. You see, I already reported on “Credit Agricole SA is selling half its stake in Banque Saudi Fransi to billionaire Prince Alwaleed bin Talal at a discount“, you see, I reported on part of this and I mentioned the Forbes part which had given me “International banks are grappling with how to approach the Middle East’s biggest economy, which blocks foreign control of local lenders. Some are positioning themselves for what’s expected to be a free bonanza as the kingdom overhauls its economy and plans to list Saudi Arabian Oil Co. in what could be the largest-ever initial public offering” already. This free bonanza is part why some of the most eager people trying to become a wave of new billionaires are there. If they have the Gaul, the vastly above average intelligence and the backers, those three will allow for the next few years to make another 300-500 new billionaires. In that light the move of Credit Agricole to leave did not make sense to me. You see, they are greed driven like pretty much any other bank, walking away from a profit bonanza makes no sense at all. The fact that these parties are trying to unload what they have to Prince Alwaleed bin Talal makes little sense. That is until you realise that these people might have been in business with the 200 arrested individual. Yet in this we see that the entire issue goes further when we see that ‘Prince Alwaleed Bin Talal Arrested in Saudi Crackdown‘, so was the event set up for tactical reasons? Do you think that if he had seen his arrest he would have bothered with the sale as it is? The fact that his links with JP Morgan and their facilitation of the sale means that there is a lot more going on behind the screen. You see that share is well over £372 billion; do you think that the media is showing us all? There might be a crackdown, but is it a crackdown? Is it royal annexing of squandered goods or is its trial and a showdown where the other members of the Saudi Royal family are shown that disruption within the ranks are no longer tolerated. In all this what is next? You see, from the view we are given, the existence of these international banks are essential to creating a non-oil depending economy. A new economy set towards services, technology and pharmaceuticals. There is plenty of value in all this for Saudi Arabia to move forward, yet the track will be a lot longer if there is disruption in the ranks. France might have been hard on Hezbollah and as such they are a pleasing presence towards the Royal family of Saudi Arabia, but more important, Banque Saudi Fransi is merely one of several players with trillions in value available. In military terms France is a better beachhead for Saudi Arabia to enter the new fields of economic growth in several ways. The moment the growth in France is seen the other nations will jump like hungry rabbits to the fields of vegetables in a mere instant. France is leading the way because it is figuring out that the present course is not working.

Yet, is any solution so polarised?

No, it never is. Yet again the situation changed. Iran has not been seen in a good light and their nuclear options have been met with large waves of distrust. Not in light of Hassan Rouhani and the path he is on, but the realisation that there was a Mahmoud Ahmadinejad before him and that level of extremism is a danger to most of the world, and the clear danger and additional risk we see that when another Mahmoud Ahmadinejad comes after President Rouhani. It is not merely a risk, it is closer to an actual likelihood and whilst their nuclear knowledge grows, the danger becomes a lot larger. France and Saudi Arabia see that danger too and they are beyond concerned. They are not alone. At https://www.businessinsider.com.au/saudi-arabia-iran-tensions-2017-11 we see the tweet from Israel’s defence minister, Avigdor Lieberman:

  Lebanon=Hezbollah.
Hezbollah=Iran.
Iran=Lebanon.
Iran endangers the world.
Saad Hariri has proved that today. Period.		  

It is the view we have always seen and as such that truth is pretty much undeniable, so now the moment is primed to get this sorted and to get the changes made earlier, there is seemingly no downside to any of this, political Europe merely preferred to sit on their hands when it came to this terrorist organisation (Hezbollah that is). I believe that Saudi forces are considering that Iran will be more and more limited to create turmoil when there is no Hezbollah. As they can no longer facilitate through others, Iran must openly act and turn the world against them or fall in line with the Arabian Leagues and behave according to those voices. At that point Qatar must also adjust many of their policies, and the impact might not be predictable, there would be enough evidence out there to show that they need to adjust in many ways. I believe that this would end up with Saudi Arabia wielding the only voice of power, dissent in the Middle East would end to a much larger degree. As I personally see it, there would be clear benefits for the state of Israel as well. As the threat to Israel ends, it can focus on growth in a way they have not been able to do for decades. There will be clear impacts for the UK, Russia and the USA too. Their diplomatic games will likely fall on ears much less eager to please them. It will be about growth for the Middle East. I believe that this shift will continue into Europe and several Commonwealth nations as well. India might be a frontrunner to grow the generalised pharmaceutical markets. The US will have to water down their wine to a much larger extent and there are options for the US, but no longer at the vulture driven profit margins they used to have. A shift that will take several years and that is where those ‘free bonanza runners‘ currently in Riyadh could make their billion(s) over the next decade. It will be risky to some extent, but art present you run large risks and end up making nothing in Europe at present. So why stay there?

How right am I?

I could be wrong but there is enough evidence out that that I am more likely than not correct. Business Insider, Forbes and the Financial Times have shown these paths over the last 6 months more than once. There is one premise that needs to be pointed out. The direction that this path opens is based on two elements. The first being how the drill-down on corruption in Saudi Arabia is playing out and their true intent on shifting their economy away from their petrochemical side. The more correct those paths are, the more reliable the outcome is that I predict. The corruption crackdown remains a factor as this has never happened before to this degree. I applaud it but I also realise that as this becomes a success a new Saudi Arabia will rise up in the global markets, one that is not in internal strife and one that is breaking out all borders to grow their economic footprint. It is not the status quo the current powers in charge have ever considered and it will make a lot of ‘old’ billionaires very nervous.

This might not be a bad thing either!

 

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November 1, 2017 · 19:01

Lawyers on a weakly basis

It is the Lawyers Weekly that gets the attention at present. The article (at https://www.lawyersweekly.com.au/biglaw/22159-lawyers-don-t-need-to-become-accomplices-to-white-collar-crime) gives us the nice title with ‘Lawyers ‘don’t need to become accomplices’ to white-collar crime‘, yet is that statement anywhere near the truth or the applicable situation that many face in today’s industry? Monty Raphael QC talks the talk and does so very nicely as the experienced QC he is, yet there were a few points in all this that are an issue to me and it should be an issue to a much larger community. For me it starts with the quote ““Cyber space has not created any new crimes, as such, really, of any significance,” Mr Raphael said.” This is of course a correct statement, because until the laws are adjusted, plenty of issues are not covered as crimes. We merely need to look at the defence cloak that ‘facilitation’ gives to see that plenty is not covered. The case D Tamiz v Google Inc is merely one example and as technology renews and evolves, more and newer issues will rise, not merely in cases of defamation breaking on the defence of mere facilitation.

Yet for this matter, what is more a visible situation is the case of Tesco a how PwC seems to not be under the scrutiny it should be, it should have been so from day 1. So when we read: “Mr Raphael insisted that lawyers have an ethical obligation to ensure they do not support or enable white-collar crime” we are introduced to a statement that is for the most seemingly empty. I state it in this way, because the options of scaling the legal walls while not breaking any of the laws that were bended to the will of the needy is an increasingly more challenging task. If the legal walls were better than PwC would clearly be in the dock 2 years ago, or would they? In addition, they are not alone, merely slightly (read: loads) more visible as the profit before tax for Tesco ended up being minus 6.3 billion in 2015.

Monty makes a good case, yet the underlying issue is not the lawyer, it for the most never was. It is the law itself. This is why I object to the title, it is nice but is it true? PwC shows that even as we oppose their actions, the fact that they are not in the dock is because when we see Reuters (at https://uk.reuters.com/article/uk-britain-tesco-fraud/former-tesco-executives-pressured-staff-to-cook-books-court-told-idUKKCN1C41TK) we see “Tesco’s auditors PwC were “misled and lied to,” Wass added“. Is this true? Let’s consider the evidence, can it be shown and proven that they were lied to?

It might never be proven because the people in the dock have had years to get their story right (read: synchronised). What I stated at the very beginning of the events of Tesco remains true and it remains the issue. The fact is that PwC made that year £13 million from this one customer. Much of it in a project and auditors for the rest and they did not spot the fact that the books were ‘cooked’, will remain an issue with me for some time to come. It is the Tesco case that also underlies the issue here. It is about the weak lawyer, not because he is weak, but the lack of proper laws protecting all victims of white collar entrepreneurs is stopping them from aiding potential victims. In addition as the law is struggling to merely remain four passes behind it all, it becomes less and less useful, not to mention a lot less effective. As the next generation of economic tools are being rolled out (block chain being a first), we will see new iteration of issues for the law, for both the CPS and DPP as it cannot progress forward in light of the legal parties not comprehending the technology in front of them, so showing wrongdoing will become an increasingly hard task for lawyer to work with. The biggest issue is that as it is all virtual, the issue of non-repudiation goes out of the window. Not only will it become close to impossible to work with the premise of ‘beyond all reasonable doubt‘, there is the fact that ‘proof on a balance of probabilities‘ is becoming equally a stretch. The fact of non-repudiation is only one of several factors. So as we have seen that successful criminals tend to hide on the edge of technology, the chance to stop them is becoming increasingly less likely.

This now gets us to the statement “In the wake of the Panama Papers revelation from law firm Mossack Fonseca, Mr Raphael cautioned that clients’ criminal activities can come back to haunt their law firms“, the fact that both former prime ministers involved in the Panama paper scandals, Bjarni Benediktsson and Sigmundur Davíð Gunnlaugsson, have been re-elected to the Icelandic parliament (Source: IceNews), so it seems that the Panama papers are a little less of a haunt. In addition there will be a long debate of what constitutes the difference between Tax Avoidance and Tax Evasion, because only one of those two is illegal. In addition certain questions on how 2.6TB was leaked and no alarms went off is also an issue, because the time required to get a hold of such a large amount of documents would take a monumental amount of time and with every option to shorten the path, alarms should have been ringing. When we consider the basic IT issues, we get partial answers but not the answers that clearly address the issues, as they did not. The time it had required to do all this should have placed it on the IT radar and that never happened. So as we see on how patches and security risks are now being pushed for as a reason, we need to wonder if Mossack Fonseca could have been the wealthy party it claimed to have been. When we consider the expression ‘a fool and his money are soon parted‘ the lowest level of IT transgressions that have been seemingly overlooked gives rise to a total lack of Common Cyber Sense, staff that should have been regarded as incompetent and an infrastructure that was lacking to a much larger degree. You see, even before we get to the topic of  ‘illegally obtained data‘ which was used for investigations that have convicted people of crimes, the larger issue that could be in play  on the foundation of that data alone, a few prison sentences could be regarded as invalid, or might get overturned soon enough. There were cases where the story gives clear indications of what was done and here we see the consideration of what is admissible evidence. In this, the one step back is the IT part. The hardware would have regarded as little as $100K to upgrade to better security standards and hiring a better level of University Student in his or her final year might have given a much safer IT environment, perhaps even at half the current cost.

All issues worthy of debate, yet none of it hitting the lawyers; it more hits the infrastructure of it all. Yet these two issues that might now be seen as real hindrances for lawyers, in a place of laws that are now seemingly too weak, the law, not the lawyer. So as we recollect the Toronto Star in January 2017 where we see “Canada is a good place to create tax planning structures to minimize taxes like interest, dividends, capital gains, retirement income and rental income,” when we see the added “the Canadian government has made it easier than ever for criminals and tax cheats to move money in and out by signing tax agreements with 115 countries” we see growing evidence that the law is getting hindered by eager politicians making their mark for large corporations through the signing of tax agreements, and what they think would be long term benefits for their economy, whilst in actuality the opposite becomes the case. So every clever Tom, Dick and Mossack Fonseca can set up valid and legal shapes of international corporations all paying slightly less than a farthing for all their taxations. Legal paths, enabled by politicians and as the laws are not adjusted we can all idly stand by how nothing illegal is going on. So as we admire the weakly lawyers, we get to realise that the law and the politicians adjusting it weakened their impact.

In all this at no point would the Lawyer have been an accomplice. The data lies with IT, the setting of these off shore accounts were largely valid and legally sound and in that, there could always be a bad apple, yet that does not make the Lawyer an accomplice. That brings us to the final part which we see with “Money laundering has been in the spotlight recently, with the Commonwealth Bank facing punishment for failing to report suspicious deposits in its ATMs“. It needs to be seen against “Mr Raphael insisted that lawyers have an ethical obligation to ensure they do not support or enable white-collar crime” in this the banks are already faltering. We seek the dark light events of PwC and Mossack Fonseca, yet the basics are already getting ignored. I believe that the article is missing a part, I feel certain that it has at least been on the mind of my jurisprudential peer. You see, the legal councils will need to evolve. Not only will they need to do what they are already doing, the path where they (or more likely their interns) start to teach IT and other divisions a legal introduction on what is white collar crimes. The fact on how ‘suspicious deposits‘ could be a white collar crime is becoming more and more visible. I see that the education of IP legality in IT is now growing and growing. The intertwining can no longer be avoided. Now, we can agree that an IT person does not need a law degree, but the essential need to comprehend certain parts, in the growing mountains of data is more and more a given.

In all this there is one clear part that I oppose with Mr Raphael, it is the statement ‘There’s nothing cultural about greed‘, you see, as I personally see it that is no longer true, the corporate culture that is globally embraced made it so!

 

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October 21, 2017 · 12:14

Not the worst idea

An article hit my eyes this morning. First I was furious; this was easy as I had been set up with a lousy morning already. The one where you wake up knowing that bashing a person to death would be met with life in prison and the thought that this would be OK. I was that angry this morning! So, it is a given that you should not read certain news in an emotional state, but then I realised. ‘This might not be the worst idea‘. The article is ‘Marriage equality opponents call for broad right to discriminate‘ (at https://www.theguardian.com/australia-news/2017/oct/21/marriage-equality-opponents-call-for-broad-right-to-discriminate), you see, here we see the shortsighted, optionally two individuals who embrace the life of ‘Homo flaccidicus‘ (aka Homophobes). With “Monica Doumit, responded that the group “believes that no one should be coerced to use their creative talents to endorse a message with which they disagree”” we see opportunity. I will get to that later. And with “For example, we support the right of the many advertising agencies and meeting venues who have denied us service during this campaign to do so.” Monica Doumit opens a can of worms she would have been much better steering clear of. Tiernan Brady is right when he states that the comments showed the ‘No campaign‘ was engaged in was merely “a blatant attempt to unravel existing anti-discrimination laws which serve everyone in Australia well, not just LGBTI people”. Yet, Tiernan my friend, it might not be the worst idea. You see, Monica showed to be not the best intellectual mind and I will now lower my standards to meet hers. You see, these same people will not be forced into a different state, they forgot about their own self-interest in this. It will be their duty to loudly point at adulterers all the time and perhaps even stone them (I am opting for mandatory stoning). When you consider that amongst the penises and vaginas they know at least one out of three is involved with adultery (apparently that is what the statistics claim), so their foundation of friendship will be diminished by 30% at the very least (optionally for footy players this number allegedly goes up to 60%). So not only will they lose business to friends, the people that they are stigmatising will move to other grounds as well. So soon there will be no business left for them. Well, the Muslim community will, according to: “Sahih Bukhari (83:37) – Adultery is one of three justifications for killing a person, according to Muhammad.” be lowering the population soon thereafter as well. So house prices will dwindle down and I would like that too as I can’t afford a house in Sydney at present. So, getting back to the snakes and caves! When chastising the adulterers, as we read: “Mark 10:12 – And if a woman shall put away her husband, and be married to another, she committeth adultery“, so these people will have to point out even more weaklings (in their mind). With divorce being close to 40%, these ‘discriminating No sayers‘ will soon have no friends, no business and no future. And the nice thing is that if THEY do not do these things we can do it for them and put them out of business that way as well. You see, doesn’t the heavenly father massively frown upon hypocrites?

So what they claim is not the worst idea, because they are forced to adapt to standards that will make themselves pariahs to the open world and there is no turning back from that. Merely because we all hate hypocrites and as we realise that Catholic Priests with young boys are no more than sodomites committing adultery, we could hang them in the trees around St. Mary’s Cathedral. This is the polarised world the No-sayer wants, and as it will largely impact these people, let us try this solution for a while. Their defence is that they are not announcing violence, merely stating their belief. Yet they forget that stigmatising and refusing service out of the allowed path of commerce is basically Psychic Assault, which in my book translates as: assault is assault no matter how you slice it.

So as these outspoken ‘no sayers’ (a path they are allowed to) are moving into the field of the ‘broad exemptions to discrimination law‘, they pretty much dug their own grave. In the mere practicality of these events, yes there are people who are uncomfortable with certain settings and they might voice this. So that couple could move on, especially as there are well over 2200 photographers and dozens good photographers are chomping at the bit to get any job that is out there. You see, the Guardian also gives us: “He said a bill would be guided by three principles: “Firstly, existing discrimination in the Marriage Act should be eliminated; secondly, a strong protection for religious freedom should be provided; and thirdly, we should not reintroduce commercial discrimination in Australia.”“, we can agree that part one is not an issue, it should not affect anyone who is not into the LGBTI field and their happiness should not affect the hetero sexual population in any way. If someone claims that it does, they are more likely to have internal struggles on contemplating what happiness is in the first place. I have always been in favour of religious freedom and as such there should not be an issue for the most either. There will always be groups that are offended by ‘another‘ religion. We merely need to look at Ireland in the 70’s to see that happen and nowadays they are so accommodating to large corporations like Apple that they have seemingly forgotten about the ethical issues between Protestants and Catholics and is seems that this wave is now moving to France and Luxembourg as well. Now we get the final part. With ‘we should not reintroduce commercial discrimination in Australia‘ another can of worms is opened. You see commercial discrimination never ended, it merely got pushed into the corner where the light is low. The evidence is clear in nearly every shop and we see the impact every day, but we ignore the evidence. We the people, we the multicultural sexual community (homo and hetero) are getting great at economic discrimination and as such there remains an issue where, if not set out in the open and force the issue towards people like Monica Doumit this will gradually become a way of life and that is not what we want, moreover, it is one that we need to fight visibly and outspoken, because before we know it, we will have a world where anything not in the mind of a small group becomes the standards and the bulk of us move from being a citizen to be no more than a pariah. This is a real danger and that is why I took my example over the top. By forcing them to the letter of the exercise as they ‘unravel existing anti-discrimination laws‘, by making them act against their own foundation of values, they will soon learn that their view was not merely wrong, it was self-destructive. So as we push for that to happen, if these laws are ever adjusted, we can than also tackle to a larger extent the commercial discrimination that is still in place.

We end up getting two wins in the event, I merely wonder if we can pull it off whilst keeping casualties to a minimum. I am not convinced that the casualty list can be kept to a minimum, yet what would be clear is that the casualties would go far beyond the LGBTI group, which might show the other casualties on how unfair and unacceptable the forced life of an LGBTI person was in the first place.

So as I stated at the beginning, it might not be the worst idea. It merely is one that comes with a higher cost than most trying to instigate it realise.

 

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October 20, 2017 · 14:21

It starts with a wrong label

Yes, merely ‘the wrong label’ is the beginning of what we see (at https://www.theguardian.com/society/2017/oct/16/nhs-data-loss-scandal-deepens-with-162000-more-files-missing) when we see the press look at ‘loss‘ and data files. You see, when we see a million documents that have been removed, that whilst the media (in this case the Guardian) uses expressions like ‘went missing‘ and ‘gone astray‘ we need to worry about the media as a whole. You see this is nothing less than an optional cover up of intentional negligence, multiple acts of manslaughter and perhaps even mass murder. That is quite a leap is it not? You see, when 137 documents are removed and wiped from a system it is a clear cover-up. Just lose those and 925.000 other documents and you get a systematic failure and no one looks too deeply, because now we have an optional situation where MP’s can vie for a few billion to ‘fix it‘. Yet the levels of what went wrong and more important the fact that I myself had a solution available (which would require another year to implement) is exactly the solution that would be preventing this. By the way, this is not about me trying to sell ‘some’ solution. This is merely the application of common sense. We can all agree that a document can get lost, it should not, but it happens. After the loss, if the system is set up correctly, the loss could be recovered. That is when a system is properly set up.

Yet, the opposite is what we see now. Now, we get a mess that is even larger and no one has any clue on how to proceed.

This last statement requires clarification, because merely stating an issue, does not make it one. It is initially seen in the quote “Officials said that in the course of their inquiries, they had identified a further 150,000 medical documents that had been mistakenly sent to the outsourcing firm Capita by GPs; and a further 12,000 missing papers that had had not been processed by SBS“. So it involves several GP’s, which means that the infrastructure has either a systemic failure, or has been mishandled by those in charge. The document went out of the hands of the GP’s, and those who had no copies basically threw away the health of their patients. So what happened when it went to the outsourcing firm? They should still have the papers, or they have forward them to someone else. You see, 12,000 papers (with envelopes) is a large bundle of paper and that does not just go missing, someone received it, processed it and what happened afterwards? How was it processed? The systemic failure is larger when we consider “However, despite staff raising concerns, the firm – which is 49.99% owned by the Department of Health – did not alert the department or NHS England until March last year, 26 months later. SBS was then “obstructive and unhelpful” to NHS England in the inquiry it then instigated, the NAO found“. The 26 month period implies in my view that arrests and prosecution of staff becomes clear. Was that done? What were the actions of the Department of Health, the NHS or the DPP for that matter? 26 months of inaction, it is perhaps the first clear part in this that gives rise to my suspicions. The additional “SBS has paid £4.34m for the loss” gives rise to the fact that the negligence goes a lot higher up the ladder than we are shown. In a place where anything more than £10,000 requires autographs from people who usually cannot be found to sign for anything for months at a time, someone dished out £4 million plus to make it go away.

There is the foundation of mismanaged events that are also the stepping stones of endangering the lives of people. The alleged issue, or is that evident issue that there is more going on can be seen in the quote “People should be reassured that despite reviewing over 97% of the records that SBS failed to process not a single case of patient harm has been identified”, so how does the NHS spokesperson know this? 97% whilst hundreds of thousands of documents including treatments and health plans are missing, how are they so sure? It gives rise to my suspicions of something else. What else? I do not know and it is mere ‘conspiracy theorist’ waves to make any alleged setting here, but the setting in the end that we read about is not about prosecution, it is about an upcoming wave of spending that the UK government cannot afford at present, giving rise to even more issues to come. With “Jeremy Hunt must urgently come before parliament to explain what steps are being taken to ensure this does not happen again“, You see, the ‘happen again‘ part implies that it is clear how it happened in the first place and that is the part where the DPP should have visibly stepped in, and as far as we can tell this did not happen. In addition, with ‘what steps are being taken‘, there is an implied setting that there was a thorough investigation and that might have been part of those steps, yet that did not happen (as far as we can tell) and the fact that the mess was covered up for 26 months gives rise to my suspicions that this was not merely about records. We only need to loop sat the Pharmaceutical scandals in 2013 and 2017, the link to Aspen holdings and the fact that someone saw the option, through a loophole to drive prices by 4,000%. Perhaps that now gives more suspicion to so many documents being ‘misplaced‘. I am not implying that Aspen Holdings is involved in this (or implying that they were), I am merely stating that there have been larger bungles costing millions upon millions that might not survive the scrutiny that the light of day brings. With the Times and the Independent howling one side, the report of ‘lost’ documents is even more unsettling, because that now implies that the usage of certain medication is now only in the hands of the NHS, and they seem to be very uneasy of seeing certain numbers appear. Those numbers will still appear, but now possible on a whole stack of other medication, so that the impact of 3-5 medication suppliers remains unseen. So am I correct? Do not take my word for it and do not merely believe me, I am not asking you to do that, I am asking you to see the failure of these lost documents is a lot bigger than ‘merely’ one outsourcing firm, to lose this amount of paperwork require orchestration on a higher level, that is one part that should be pretty apparent. Yet that last part is still speculative in nature because with the loss of one side, reporting and data dash-boarding on the other side is not a given and may not be impacted, that is the part I will admit to, there are unknown sides in that part, yet the question and the speculative consideration remains in place.

Now, this is not a new revelation, In February and June we saw this news hit the papers and magazines. In all this the DPP remains unseen. When we consider the impact that the events are having and the possible dangers to people’s health, to see nothing at all in relation to Alison Saunders is pretty weird to say the least. It looks fine when she makes a speech regarding the expectations of the NHS on fairness. So as we see “Alison Saunders said the Crown Prosecution Service will seek stiffer penalties for abuse on Twitter, Facebook and other social media platforms“, we think she is doing her job and she is, yet she has yet to give us anything on the entire lost paper trail, the documents, the actions by the NHL and the outside resource. Is that not even stranger?

You see this all started in February with ‘More than 500,000 pieces of patient data between GPs and hospitals went undelivered between 2011 and 2016‘ (at https://www.theguardian.com/society/2017/feb/26/nhs-accused-of-covering-up-huge-data-loss-that-put-thousands-at-risk). With “The mislaid documents, which range from screening results to blood tests to diagnoses, failed to reach their intended recipients because the company meant to ensure their delivery mistakenly stored them in a warehouse” we get a new part. You see, stored does not mean lost, and this gets weirder with “NHS England secretly assembled a 50-strong team of administrators, based in Leeds, to clear up the mess created by NHS Shared Business Services (NHS SBS), who mislaid the documents“. So at this point 8 months ago, the DPP had a clear responsibility. You see when we look at the CPS we see (on their own website ‘the three specialist casework divisions are: the Specialist Fraud Division (which also incorporates Welfare Rural & Health), the Special Crime & Counter Terrorism Division and the International Justice and Organised Crime Division. They deal with challenging cases that require specialist experience, including the prosecution of cases investigated by the Department of Health and Medicines and Healthcare products Regulatory Agency‘ (I skipped the other departments), so we see here that there was a clear setting last February alone, the longer the inaction, the worse the damage becomes, that has been proven again and again.

In June we see ‘Health secretary forced to respond to urgent Commons question after withering NAO report on loss of 700,000 health documents‘ (at https://www.theguardian.com/society/2017/jun/27/jeremy-hunt-nhs-shared-business-services-data-loss-scandal). With “answer questions from MPs after a damning National Audit Office report found that the scandal may have harmed the health of at least 1,788 patients and had so far cost £6.6m“, we see one side, I expect the damage to be distinctively larger. You see the DPP (as well as the whole of the CPS) seemingly ignored “The private company, co-owned by the Department of Health and the French firm Sopra Steria, was working as a kind of internal postal service within the NHS in England until March last year“, so was this an experiment gone wrong? Was this a PLM error (product lifecycle management) on a massive scale and this does not stop with Sopra Steria, there was an increasing risk that CIMPA S.A.S was linked to all this. The operative word is ‘was’ as the DPP and her CPS seemingly sat on their own hands for at least 8 months, maybe even more. You see, my suspicions are taking me to the fact that the Department of Health knew more on a higher level. That suspicion is shown with “the NAO report pointed out that the DH had chosen not to take up two of the three seats in the boardroom it was entitled to as 49.99% owner of SBS“, so please tell me when was the last time that ANYONE in the department of Health was willing to pass up any boardroom seat. Even if the pay sucks (which it never does) it opens up networking avenues for people they never had before, to the ‘let’s not take this seat‘ would be completely out of the question, dozens at the DH would be chomping at the bits to get a leg up in visibility, so that is how I personally see this mess. When certain members steer clear, there is a larger issue and the DPP was fast asleep (or at least so it seems).

And now the plot thickens!

With: “The government’s response has been complacent and evasive. It’s still not clear how much public money has been wasted in this affair or how this private company is going to be held to account. It’s totally unreasonable for Jeremy Hunt to wash his hands of this when more and more details of his department’s failures keep emerging“, that whilst it had been known that up till 8 months ago £6.6 million was spend and it is not mentioned now is only the top of the issue. With the absence of Sopra Steria and CIMPA it seems that certain sides are pushed away from the centre of the room. It is equally seen when we see “Geoffrey Clifton-Brown, a Conservative committee member, said: “You tell us the bombshell that whilst on a trawl of local trusts you find another 12,000 and then you found another 150,000 missing items“, here I cannot tell whether the issue was raised or not (it was not in the Guardian article), yet there is no way that Geoffrey was unaware, a graduate of Eton and Freeman of the City of London. There is no doubt in my mind that he was aware of the links, the question is why questioning in this direction was not pursued and/or reported on. So when you might have been thinking that I was all about some ‘conspiracy theory‘ in the beginning. Do you still think so? The entire PLM issue is one that is not bathing in millions, but in billions as infrastructure crack more and more on the paper trails and reports they require PLM solutions are the only one stopping systems from collapsing overnight. In this regard even India is on par with the needs and CIMPA is taking every step to be the only player of significance there. So now some of the events make a lot more sense, do they not? You see CIMPA was on the right track, until AI becomes the path that solves certain issues, it will be about automation and data processing. For a lack of term ‘from paper to digital data without people’ is what is required as people are the drain on speed and the postal sorting machines had proven that side decades ago. In the end what exactly happened is uncertain and might never be known, especially as the DPP is seemingly still asleep in all this. Did the solution fall over, did the data collapse? We might never know, yet in all this the one part I left for the very end. With the mention of ‘private company, co-owned by the Department of Health and the French firm Sopra Steria‘ there is one side not mentioned. You see private companies have revenues and profits, these profits go to private individuals. None of the articles shed any light on those people involved did they? The DPP, the CPS, Vince Cable, and the Guardian made no mention of that at all and Geoffrey Clifton-Brown didn’t ask these questions either did he?

5 parties all with interests are avoiding looking into a direction to the extent that it needs to get. The fact that it happens under our noses is particularly interesting. I wonder what we will learn in a few weeks, especially as this 26 month ‘slicer’ is as quoted by Simon Stevens, the NHS’s chief executive to be dealt with in the next 5 months with: “This should be wrapped up by the end of March. End of March is a feasible goal.”

By that time what else will they not have looked at?

 

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October 13, 2017 · 18:47

Strike a match

In Australia, an island with plenty of drought and as we go into the really nice and warm season, a match is not a thing we look fondly off, yet the strike of the match as we see it in France, where it is now uncomfortably cold is another matter. So is it ‘Strike a match!‘, or ‘Match a strike?‘, the strike called on regarding labour reforms could be the one that sets flame to that nation and set flame to whatever growth economy the French think they have. Reuters (at http://www.reuters.com/article/us-france-reform-protests/frances-cgt-calls-another-strike-against-labor-reform-others-refuse-idUSKBN1CE2CH) give us “the more moderate CFDT, now France’s biggest union, and the Force Ouvriere preferring negotiations” these two are starting to figure out that the long protected labour rights in France are to ancient. With a mobile workforce all over Europe, it will soon be about taxable products and services no matter where they are and as such France is pricing itself out of a market of workers, faster and faster. The weird part is that France has so much to offer, so the fact that the economy is barely reaching +2% for the longest time is less puzzling and is more and more about the uncertainty that the labour laws are bringing entrepreneurs. Now, I am all for protecting the workers over greedy corporations, yet the draconian shape that it has in France is stopping new waves from moving towards France. French publication ‘the Local‘ (at https://www.thelocal.fr/20171009/france-how-tuesdays-mass-public-sector-strikes-will-affect-you) is giving us “with particular reference to the pay freeze and rise in social security payments, plus the government’s controversial decision to dock pay for the first day of sick leave (jour de carence) to fight against absenteeism“, this implies that former president Hollande has been asleep at the wheel. The changes imposed are to some extent to top the coffers from taking too much of a hit and with minus 2.6 trillion Euro the French coffers need all the help they can get. In this, many newspapers are all about how the appeal of President Macron is wearing thin, yet the bulk of issues that we see in a few fields are ignored to a larger extent. So, when was the last time that a corporate CEO got time with a national ruler to discuss national taxation? Because that is exactly what Tim Cook CEO of Apple seems to have been doing in France. With one source giving us “So, when Tim Cook meets with French President Macron, the matter of taxes could make for an icy situation between the two men. Macron has said he wants to promote France as a place for tech companies to set up shop, but he has also been critical about the role internet companies, in particular, play in society. Macron has been pretty vocal lately about how France and other E.U. countries should close up the loopholes that Apple and other tech companies have been able to use to move their earnings around to more tax-friendly countries, such as Ireland and Luxembourg“, is it a first indication that the French economy is in a much worse shape than expected? The fact that Tim Cook is visiting Élysée Palace not because President Emmanuel Macron is buying his wife the new iMac Pro (an assumption from my side). I am not thinking the worst of the French president, but the issue is questionable, especially as Apple is about to open a massive site in the Battersea Power Station, so as Apple (as I personally see it) is trying to spend the money twice, once by spending it in London and the second time by getting tax deduction for the amount just spend in London so he can get a second building for free in Paris. We see too many people in charge giving in to large corporations too easy and too often. Mostly merely getting it done for their ego’s whilst they sell short the needy coffers of their own nation. They present it as the cost of doing business. Corporations like Apple can merely offer to go somewhere else and the politicians fold like wet paper backs, no hard backs amongst them. As Apple is now getting the news to invest in several nations, $10B for a plant in Wisconsin, $500M in China and as we now see (at http://appleinsider.com/articles/17/10/10/detente-possible-between-tim-cook-macron-over-apples-future-taxation-in-france-eu) “Macron’s staff report that past tax disputes weren’t discussed in any way, but Cook acknowledged a sea change in how companies should pay taxes specifically where they are earned, and not in one country to cover the entire EU” is just one side, so as we also see “Apple continues to deal with a ruling by the European Commission, which will force a $15 billion payment of back taxes to Ireland —when the Irish government gets the disbursing fund established. Ireland disputes the ruling, and says that Apple has paid all of its required taxes. The European Commission is suing Ireland for the lack of collection, and to force the issue“, an issue that has played for the longest time. And every time when I see that politicians are ‘offended’ by the lack of payments I wonder how they are selling the lack of their treasuries to the Irish people. Ireland must be the richest nation in the world when it regards a non-paid $15B as not an issue. So whilst public services are lowering in Ireland and as we see “Sinn Féin’s Finance Spokesperson Pearse Doherty said, however, that the government has failed spectacularly with today’s budget and suggested it was a lie to suggest you can cut taxes and solve the problem of the health and housing crises” (at http://www.irishexaminer.com/breakingnews/ireland/donohoe-defends-tax-cuts-despite-growing-pressures-on-public-services-809339.html) whilst there is an apparent issue with Apple’s outstanding $15 billion, we need to wonder on who the politicians are actually working for and who pays their income. Questions the media seems to walk away from. Yet this was not on Ireland, this is about France and the labour issues. It seems that Ireland and France are labour opposites. As Ireland is showing itself to be more flexible than a slinky in a hurricane, France is showing their flexibility to be zero degree Kelvin, which could remain detrimental to the financial growth of France in more than one way.

So as France is now huddled into a posing form of strikes all over the place, we see that emotions run high, so high that the French decided to release teargas, so that the people could cry over the matter. So as we see the news that 450.000 travelers are feeling the consequence of the French not agreeing with the labour overhaul, we need to consider how its impact is on the long term. You see everyone forgot about Marine Le Penn. After she was not elected, all the people thought they had evaded having to bite the bullet, yet in all this; the issue is not what had been surpassed, but what can haunt again. Instead of the media trying to figure out and illuminate what Front National had in store, with actual answers to how the issue could have been solved, the media bombards Macron again and again, the issue is not what happens when Macron fails. The issue is that when the dust settles, there would not be a long election, the labour parties would jump on the Le Penn bandwagon in a heartbeat leaving no options for France at all. The entire ‘Status Quo’ debate could quite literally blow up in their faces and when the next smear campaign starts, the people will in unity ignore the media to the largest degree. So as we see the nonstop battering of the strike and how bad Emmanuel Macron is doing, they are equally ignoring the fact that none of the other politicians have any better a clue or an idea on how to solve certain matters, which means that Front National is currently swimming free setting up whatever they want. Because the people might have shared some enthusiasm with some young sprout now President of France, but that trick only works once. In opposition, I doubt that Marine Le Pen has a clear path on how to fix the economy. The IMF is actually assisting her as we see Bloomberg with ‘Raising Taxes on the Rich Won’t Necessarily Curb Growth, IMF Says’ (at https://www.bloomberg.com/news/articles/2017-10-11/raising-taxes-on-rich-won-t-necessarily-curb-growth-imf-says), yet even as we see “The IMF report comes as governments in advanced economies face a backlash against the effects of globalization and technology. Voters from France to the U.K. have expressed frustration with what they perceive to be the unequal benefits of free trade and open borders”, the bandwagon that the IMF offers is equally a much larger problem. Even when we ignore the actions of Depardieu moving to Russia, the media has bungled the events for the largest degree. You see, as I mentioned before, whilst media is staring at the ‘super wealthy’ and giving rise to emotions of more inequality in an age where the people are pointed in the wrong direction by the media at large. Yet this group is a mere 330,000 souls large last year and less than half a million cannot supply the multiple billions (read: Trillion) that the treasury is already short of and the IMF knows this. This is the UK, in France, where less than 1% pay at the rate of 45%, we see an implied group of a little over half a million making it into that group. The reality that the IMF is selling is not realistic and everyone with spreadsheet skills can see that such a small group cannot address the trillions of debt that France has, so as we see that growth might not seem to e curbed, the issue is that the infrastructures are starting to collapse. In the UK the NHS is pretty much the most obvious example, but in all this France has a few issues of their own and none of it will be resolved until there is a fair setting of corporate taxation for the larger players who leech their zero tax vie Ireland and other options; options that the local shops can never rely on, which growth business inequality even more and a lot faster. Is it not weird that the IMF is in total denial through carefully phrased messages like “When it comes to corporate income taxes, the trend in lowering corporate tax rates is a pervasive trend overall in the last few decades. That is something which is often attributed to tax competition. There is, however, the interesting finding that this reduction in corporate tax rates has not been, in general, matched by a fall in corporate tax revenues”, which in my view means ‘corporate profit can be maximised through lesser taxation and increased production’, which is not for the corporations, but working a person to death whilst there is no quality healthcare is equally detrimental to the health of any nation. So how is that an option?

History has shown that again and again. This we see in the Guardian as it reported “Union leaders said they wanted to show a “profound disagreement” with the president’s plans to overhaul the state sector“, yet where will they go? That is the part the players are all ignoring and in this the media is one of the players. You see, we have seen quotes like “The main reason they voted for him was as a default, as a barrier against the risk of a Marine Le Pen fascist, far-right government“, yet when he does not deliver and as the failings of the left are stacking up. Where do you think the unions will go? They too require being ‘in power’ and they will align with anyone who gives them what they need to stay in power. The media has forgotten about that, or did they? That is the issue because the people at large are not in the know and when the bottle boiled over, they are in the ‘not caring’ team, which allows for a load of misinformation and the official media channels have lost the levels of reliability they need, they lost it the day after the election, especially when the failings started to show. So as the media blunders its way by blasting their current president, they forgot to notice that they have painted themselves in a corner. The question becomes: ‘Can it be fixed?‘ I am not certain, I actually do not know how some of the channels can regain the faith of their readers, that becomes the issue more and more and when that is too late, may Marianne symbol for the French people help them, because the others will not care and that is actually a lot more dangerous than any President Le Pen (should that ever happen).

So as we strike a match under the newspapers misstating our needs and matching the strike workers by educating on the dangers they are setting themselves up to, we might get some actual labour law evolution. President Macron is not wrong in the path he is taking. He is merely ignorant of the French population and their sentiment in certain matters. In that regard he has been a member of the Wall Street population a little too long, and regained his French feeling of solidarity much too short (as I personally see it). So this will not be resolved any day soon I reckon.

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