Category Archives: Law

January 28, 2016 · 20:41

Bitches of Technology

There are multiple issues in play, first there is the continuation of the previous part, which I will address here. The second is the article the Guardian published (at http://www.theguardian.com/world/2016/jan/25/uk-should-be-punished-if-it-leaves-european-union-to-deter-other-exits) titled ‘UK should be punished if it leaves EU to deter other exits, say former ministers‘.

My first response in regards to this would be “are you bitches out of your mind?” which sounds highly emotional and it is. You see, Brexit (and the possible upcoming Frexit) is a direct result of the people in charge of REFUSING to take action when they could, in addition, they decided to hide behind ‘Status Quo’ when they should have acted. In final addition, several acts of change have been pushed forward again for the good of big business, which makes me question their intent.

To illustrate this with evidence (which is always important), in my article ‘Dress rehearsal (part 1)‘ (at https://lawlordtobe.com/2015/07/01/dress-rehearsal-part-1/), which I published on July 1^st 2015, I included the PDF at the end of the blog too ‘Withdrawal and expulsion from the EU and EMU some reflections‘. On page 33 we get “it is likely that some Member States would object to the introduction of a right of expulsion in the treaties, coupled with an amendment of Article 48 TEU to make that possible, since this would expose them to the risk of being forced out at some future date. Moreover, apart from it being politically almost inconceivable, forcing a Member State out of the EU or EMU would inevitably give rise to tremendous legal complexities. This, perhaps, explains why expulsion has not been, and may never be, provided for in the treaties“, as the members in charge of that piece of paper were already too deep in the mess on non-accountability, they actually set themselves up for a long fall, one the Greece instigated and even now, reflecting back on all the warnings I gave from 2013 onwards, none would have been considered. Now again in this paper we get on page 11 the text “The silence of Community primary law on the existence or otherwise of a legal right of withdrawal was, in any event, inconclusive, lending itself to two fundamentally opposed interpretations. One is that a right of unilateral withdrawal existed even in the absence of any explicit reference to it in the treaties, since sovereign States were, in any case, free to exercise their sovereign right to withdraw from their international commitments“, the text refers to P. Doehring and P. Hill where there seemed to be the case of favouring the theory that it reflects the hope of the drafters of dissuading Member States from withdrawing. That was nice in those days, but the interested parties of today have had enough of the utter irresponsible acts of other so called world leaders. In addition there is the expression ‘Sovereign power’, coming from ‘Sovereign States’ which has been defined as ‘power not subject to limitation by higher or coordinate power held over some territory’ this comes from N. MacCormick’s ‘Questioning Sovereignty‘.

So even after we saw the useless and toothless statements from some in the past regarding “throwing Greece out of the Euro and the EEC“, we see an even more toothless statement from several former ministers at this junction regarding the punishment for those leaving the Euro/EEC. It is given additional voice in the quote “We should not encourage other populist forces campaigning on exit such as National Front in France or Podemos in Spain. This is a very important consideration. This is in the interests of Europe that we do not encourage other EU countries to leave. The common interest of remaining members is to deter other exits. This should have an impact on the terms Britain gets”, words spoken by the former Polish deputy prime minister Leszek Balcerowicz. He is probably realising that his goose is cooked soon after Brexit and Frexit. Even though he looks ‘good’ on paper, 53% debt of GDP still comes to 236 billion dollars, in a nation with 38 million people. They are all panicking now, because the British referendum is not going good (read: the way they want it to go). If only someone had the balls to strongly intervene with Greece, and in better terms clean up legislation a long time ago, this mess would have been speculative at best. Now we see the texts that the writers want us to focus on, but in all this, in that same air, we see the ignored facts. Facts, that (as I see them), Patrick Wintour Diplomatic editor is not eager to inform his readers on.

The little part in all this is something that was mentioned twice, including the photo caption. You see, this is an exercise to debunk issues by the Open Europe Think-tank. You might notice some ‘fluffy’ facts, yet the truth is, is that these people are speaking whilst at their backs (read: they are the political shield) for players like Jardine Matheson Holdings (61 billion plus) and British Petroleum (358 billion plus), with a lot more then these two, we see that Open Europe is a shield for the bigger players, all behind a fluffy website (at http://openeurope.org.uk/). These groups are very dependent on keeping the EEC as is, the Status Quo to be, but the people all over Europe have had enough of this non-accountability from both politicians and large corporations. That is exactly why Le Pen and Farage are a worry to them. Even now we see (at http://www.theguardian.com/politics/2016/jan/25/northern-ireland-irish-republic-eu-referendum-enda-kenny) the first mentions that a referendum is not needed until the end of 2017. That stalling is exactly what Farage is hoping for, showing more vigour in this fight! We see that Reuters is giving us “To loud applause, Nigel Farage, the leader of the UK Independence Party, told a Grassroots Out campaign event that Europe’s policy of taking in migrants with few checks had endangered the lives of those living in the 28-member bloc“, with an additional “Farage was joined on the stage by Britain’s former defence secretary Liam Fox from Cameron’s ruling Conservative party who is also campaigning for an exit“, which is now a growing issue.

Now I need to get back to the previous article, even though this time it is not about the man or the victim, this is about data and data systems. you see, certain amendments were to be made in Serious Crime Bill (at the http://www.wired.co.uk/news/archive/2014-06/06/cybercrime-bill-life-sentence), Wired informed us regarding “there is no existing offence of owning manuals that offer advice on how to groom or abuse children sexually“, which might not help Breck Bednar and family any regarding the circumstances. In addition, the Serious Crime Act would in this case apply AFTER the damage is done, so no matter how many improvements, Breck Bednar ends up remaining terminally dead no matter what.

When we look at the Serious Crime Act of 2015, we see at section 3 we see ‘Unauthorised acts causing, or creating risk of, serious damage‘, but this is AFTER the fact and even then, many of the facilitating acts will remain unanswered. In my previous blog I got some comments on ‘the Nigerian prince‘ issue. They were fair enough, but in some of these parts we have two issues. We can go with the part that Breck Bednar got himself killed by not listening to his mother. Which to some extent makes sense, yet in the same light, we see that levels of facilitation remain unanswered in many ways.

Consider the following

The administrator of a server service gets to intentionally misrepresent himself or herself. We have two issues, one, is that we already have issues of misrepresentation. The issue given is “He claimed to be a 17-year-old computer engineer running a multimillion pound company“, the fact that this misrepresentation comes with “he was invited into an online gaming group – a ‘virtual clubhouse’“, in the foundation there is no initial cause of imminent danger, but the danger could have been avoided in a few ways.
What if such servers need to be openly registered and linked to a registered corporation or firm, which now gives us the issue that Lewis Daynes would have been better known, moreover, the police would have seen more red flags possibly intervening before Breck Bednar entered a state of being permanently dead. I will go one step further, what if, not unlike ‘Raising the bar’ in IP law (2013), we see, contemplate and try to adjust the validity and the accountability of the facilitator. Now we get that change!

You see, Lewis Daynes would have to answer several questions, logs would have been available for the police to investigate. That is the one step too many sides do not want to consider, because accountability in too many cases seem to deflate maximised profits, yet in all this, is that a valid train of thought for any government to consider?

Consider that on February 17, 2014 Breck Bednar ended up dead, those facts had been in court for a while (he was convicted in January 2015), yet knowing that this issue was already playing we see (at https://www.nspcc.org.uk/fighting-for-childhood/news-opinion/flaw-law-online-grooming-legislation/). The headline ‘PM announces new online grooming offence‘ sounds nice, and there is forward movement, yet there is a massive gap in the prevention of grooming, which is not even correct in this case, when we consider the law. Most laws would have been able to use the path of facilitator, most social media will still be able to hold onto the defence of ‘innocent disseminator‘, yet, the action of Lewis Daynes do not allow for that. His continued interactions stop him from that path giving us an option to grant an additional level of protection to future victims, whilst not hindering business and profit as a whole, because the bulk of all social media is founded on interactions by users and facilitation by the system. Even in the most precise case of scripting, it is not towards ONE individual, it would be towards a spearheaded group of thousands. Breck Bednar would have been in an automated introduction amongst thousands and in this case there is safety in numbers, because the actions of Lewis Daynes would have raised many more flags, enough from barring him from a system he did not control and in his own system he is not the facilitator. It is the lack of many organisations (governments, corporations and legal parties) to dig into the option of setting safety parameters regarding ‘facilitation’.

As seen, there needs to be an additional circle of protection, which addresses the dangers of the ability for grooming. This is a hard issue to address and in light of any Brexit it could become a lot harder, if any law has to be addressed, than in light of all the changes the next 10 years will bring, a massive change to digital devices, for example, the new Huawei P9 will come (read: is rumoured to come) with 4GB RAM, 64GB ROM, 8MP front camera and 16MP back camera, and installed Android 6.0. It comes with a 64-bit processor that outperforms plenty of laptops.

Now we get back to part one, because the two are linked in cyberspace.

You see, the chance of Brexit which was 39% in November 2015 is now surpassing 48%, this means that there are a few issues coming forward, apart from the growing danger that UKIP seems to be. You see, this is not just a Nigel Farage thing. There is a rather massive jurisprudential lag in prosecuting economic crimes, especially economic cyber-crimes.

Some of the information can be found (at http://www.actionfraud.police.uk/news/british-crime-survey-reveals-extent-of-fraud-and-cyber-crime-in-sngland-and-wales-oct15). The article ‘British Crime Survey reveals extent of fraud and cyber crime in England and Wales‘ gives us “the cost of fraud to the UK economy estimated at £30 billion more needs to be done and more resources are needed to assist law enforcement to help victims of crime and prevent further victimisation“, which sounds nice in theory, but the foundation needed is stronger legislation. Yet in all this, there is an issue with the article. The quote “This is new crime in our society and it brings new challenges for policing in prosecuting offenders and protecting victims. Notwithstanding the cuts to police budgets we must find ways of responding to the needs of victims of fraud. Alongside this policing response the UK needs to begin a prevention revolution to educate the public on how to stop hackers and fraudsters from taking our money“, which focusses on the money, just on the money, in all this there are other venues where there is an issue (perhaps the name Breck Bednar sounds familiar).

The issue is to deal with the facilitators without strangling true entrepreneurial options, which is what has been lacking both within the Commonwealth and outside of it. You see, the danger to the many sides of life through technology, including the children is growing on a near exponential level. First of all, the main issue is IPv6, it was essential to conceive this new technology for the mere reason that its predecessor has actually run out of options. With a mobile growth that seems to double on an annual base, the new phones won’t just have IPv6 (as the mobile industry started to adopt it since around 2009), the growth of IPv6 has doubled in the last 12 months. At http://betanews.com/2016/01/05/ipv6-adoption-nearly-doubles-in-a-year/ we see that usage went from just below 6% to well over 10%, falling just short of 84%, here I mean that over 10% of all traffic to websites is now IPv6. For the most, this cannot be clearly monitored, which means that with the next mobile iteration, we will see a growth unlike we have seen before. You see, Statista (at http://www.statista.com/statistics/263441/global-smartphone-shipments-forecast/) forecasts a sale of 1.4 billion phones in 2016. This would include the upcoming Huawei P9, the Apple iPhone 7, Google Nexus 6, HTC One M10, the Samsung Galaxy S7 and a few more. These phones will ship with up to 4GB RAM (in two cases 6GB is rumoured), several of them with 64GB internal storage.

This is a nightmare to the intelligence community, as well as the CPS and the DPP, yet I feel that for parents the worry should be bigger, a lot bigger. As social media gets more and more derived solutions, niche groups will be a consequence, which means that children like Breck Bednar could end up being an even larger target, because there is too much evidence at present that monitoring those groups will become technologically near impossible. IPv6 Now (at http://www.ipv6now.com.au/primers/IPv6SecurityIssues.php) shows us a few issues. The first quote is “With 18 billion billion addresses in a /64 subnet, sequential scanning is pointless. It would take 500,000 years to scan a single /64 at a million probes per second“, I will immediately admit that I left a little part out of it, so there are options, yet let’s see my reasoning.

That part is seen in the quote “In IPv4, multiple addresses are always possible, but rare. But in IPv6 they are very common, arising from SLAAC, temporary DHCPv6, link-local addresses, multiple prefixes, overlapping lifetimes, as well as IPv4 addresses. Admins must be aware of all possible interface addresses and the capacity of network devices to create their own addresses“, this implies that the admin is all on the up and up, but when we consider those with other agenda’s like Lewis Daynes and we see apps appearing that allow for a peer-2-peer approach, a system that piggybacks messages. At some point someone will miss out on checking, especially when they are distributed in other ways. Financial opportunists, organised crimes, schoolkids and monsters in the making a system that cannot be monitored in any way because governments ended up being too lax in a world where those in power requiring ‘space’ and not realising who else they were enabling, or perhaps they did know but did not care.

Now we are beyond running out of time, because of the Statista is even close to correct, the world could have an IPv6 based mobile server park (as well as a data cloud) that ends up being unmonitored. Now, I am not evangelising not allowing for these iterations, yet the need to adjust legislation that additional options exist to hold certain groups to account becomes an increasing essential need.

There is one final side that IPv6 Now gives us. The quote is part of auto configuration (which is too often way more dodgy than I care for) gives us “DHCPv6 (Dynamic Host Configuration Protocol) allows a server to supply addresses to hosts. DHCP in IPv4 needed external support, but in IPv6 it requires nothing but a working router for the connected host to be immediately reachable“, if we consider that any mobile phone is a router, how reachable will this modern host be and more important, what data could be gotten access to, especially in an unmonitored way?

At this point, we seem to become nothing less than the bitches of technology. I could state that there is a group that will try to align certain paths, but it is already too late for that. People, their lives and whatever they own is streamed on a near 24:7 foundation and in all this there remains a technological lack in the places that cannot afford not to have it. When we see the news on the ‘evolving’ systems fighting fraud and other creative (and sometimes graphical) activities, we see that the gap of our safety and our allowance for accepted acts is widening to the extent that everyone is an evolving target without any clear means of staying safe. There is support for that statement. It comes from the Czech Ministry of Education (at http://services.geant.net/cbp/Knowledge_Base/Network_Monitoring/Documents/gn3-na3-t4-cbpd132.pdf), now we will accept that this is a 2011 document, yet, this does not diminish the quote “IPv6 configured hosts on an IPv4 network can bypass defined security policy or hide their identity using temporary IPv6 addresses“, consider that in conjunction that many users (young and old) tend to use free Wi-Fi locations whenever possible, making monitoring an even lesser option. Now consider those places and the traffic that they could (unintentionally) offer through ‘temporary IPv6 addresses‘, so what safety is there?

Clearly we have become the bitch of technology and the law is falling behind more and more. The EEC has done too little and Brexit could go either way in protecting the people, but the danger here must be acknowledged, if ‘protection’ becomes too draconian it would not become protective and only drive away commerce, a mere lose-lose situation for everyone involved.

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Tagged as Apple iPhone 7, BBC, betanews.com, Breck Bednar, Brexit, British Petroleum, Conservative party, Conservatives, Czech Ministry of Education, David Cameron, France, Frexit, Google Nexus 6, HTC One M10, Huawei P9, IPv6 Now, Jardine Matheson Holdings, Leszek Balcerowicz, Lewis Daynes, Liam Fox, MacCormick, Marine Le Pen, National Front, Nigel Farage, P. Doehring, P. Hill, Pablo Iglesias, Patrick Wintour, Podemos, Poland, Samsung Galaxy S7, Spain, Statista, the Guardian, UKIP, Wired

January 24, 2016 · 22:05

Persecuting the prosecutors

Sometimes things get to me. We all have those moments, we all consider the things that touch us in different ways. For me, I have been a gamer since the beginning of gaming. This world started for me in 1983 with the Vic-20 and was followed up with the CBM-64 a year later. I never stopped gaming, so when I got hit with the article ‘I couldn’t save my child from being killed by an online predator‘ (at http://www.theguardian.com/lifeandstyle/2016/jan/23/breck-bednar-murder-online-grooming-gaming-lorin-lafave), I kind of lost it. This gaming world is a world I share, virtually and in reality. I talk to my co-workers on the new games, the challenges some games give and how we feel about some games. A few friends are all about GTA, some share my passion for Fallout, Diablo 3 and Minecraft. Whilst some games we all play by ourselves, because we cannot be into every game that is a mere reality. We hunt down the mutants, kill them with our rifles (all by ourselves), and when we get that legendary monster we get to talk about it the next day. This is a world of fun, joy and challenges. We do not ignore the real life, we interact with others too, which is not always about games. So, I was slightly dismayed when Olivia Wilde chose Jason Sudeikis over me (it must have been the beard). Life goes on, so as you see, we have our dreams, our fun, our joy, our fantasies and we go out of our way to get as much joy into our lives without bringing harm. That is as I see it a way of life that the bulk of us gamers have.

Some are a lot more competitive and even relenting on gaming as they kill virtually to be the best, some of them have a too vivid drive to be winners and dissing the losers or at times being the wannabe’s that strike out to winners. In that world we have all kinds, but actual harm, those cases are rare to say the least. So as I read the article, a form of anger flushed over me. This is for the mere reason that, for a large part of my life, I have been driven by logic and common sense (apart from that Olivia Wilde moment). From what I have read, there are several things wrong here. Not towards one person, but towards a few, including the victim himself.

This is the first quote that actually came after the second one “He claimed to be a 17-year-old computer engineer running a multimillion pound company. Sometimes he was in New York, working for the US government. Other times, he was in Dubai, or off to Syria” and “the ringmaster, whose server they played on. While the other members were known to Breck or his friends, Lewis Daynes was not someone they knew in real life“.

These two quotes should have been a red flag to all parties. We cannot blame a 14 year old, but this should have been the red flag to upset the parents. You see, I will never be a multi-millionaire (actually if Larry Page listens to an option I came up with, I could be). What is the issue is that gaming comes at a price, for the most the really wealthy ones work too much to get time to be on gaming servers. In addition, his location should have been all over the place, any Cyber squad could have seen that, it would have been a real orange flag to the victim that not all was on the up and up, the first thread on the loom of disaster would have been dismantled.

The quote “Lewis says I don’t need to finish school as he can get me a Microsoft apprenticeship when I turn 16” is the second flag. It should have been the alert on several levels. The man was either some ‘multi-millionaire‘ working for Microsoft, or again this was a ruse. The additional “I should be allowed to game as long as I want“, should have alerted parents and police. You see, in common Law even at 16 Breck Bednar would have remained a minor. So, why is a stranger deciding on what someone else’s child does?

The final quote on that topic is “I’d be telling Breck to get offline and he’d literally have Dayne’s voice in his earphones telling him not to listen. I could see Breck’s face, torn between me and his cool mentor who had the whole world going for him”, which now gets us a stranger involving themselves in the life of a minor.

The police as well as the cyber groups should have been all over this, in addition, did anyone contact the FBI here (even though after the facts it seemed an irrelevant act)? You see, the events not yet known could have been averted before zero hour, as Lewis Daynes was from Grays, Essex. This could have diffused a lot of issues. His stories out in the open, for Breck Bednar and all his friends to know what kind of a person Lewis Daynes was before he could strike. Now we can blame the police, and I am doing that partially. Yet in all this, we must also expect that there is a limit to the resources the police has, limitations in time and hardware. Not all is a given.

But there is an issue when we go solely from the article we see in the guardian. You see the quote “I told the call handler what I’d heard, what I feared. She obviously didn’t understand online grooming” has more than one side.

The known elements here are that Breck Bednar was a minor and that there was a clear indication that Breck Bednar was unlikely to be the only minor. We have the following parts, when we look from the other side: ‘Cyberstalking is the use of the Internet or other electronic means to stalk an individual. It may include monitoring, identity theft, threats, or gathering information that may be used to threaten or harass‘, I edited the non-relevant parts out of here. So we see that Lewis Daynes was monitoring, we have identity theft, we can make that case as he assumed to be a person, moreover an industrial who did not exist. This could be seen as a danger to the life and wellbeing of minors.

The elements here are now another matter. You see, in the eyes of the court there is no established guilt, or even crime at this point, yet exposing the elements would have diminished the threat Lewis Daynes was and would most certainly have protected at least one child, leaving us with the reality that Breck Bednar could have been alive today. In this we might consider that the police is to be blamed to some extent, but in equal measure, they did look for the elements, the issue here is the fact that does also count. When we see the quote “Daynes later pleaded guilty to murder with sexual and sadistic motivation“, we are confronted with a combination that is really rare, and with the elements as found, or better stated those that were missing, mainly that the police didn’t find a single image or text about bodies or sex. Certain flags were never raised, but as stated, from what we can see, enough flags should have been raised to take this serious, to give clear indication to Lewis Daynes that he was under open investigation, perhaps enough for him to back off. Enough to diffuse the situation.

Here is my part that is now also an issue. This took me mere minutes, which also beckons on what more precisely happened. You see the police is not lacking or stupid, I would go even further that the involved people might be burdened with guilt. So why is it so clear to me? Well, first of all, to see this in the article is simple, a mere exercise of logic. The true elements over time are a lot less clear, but in all this, the main elements were gamers, gaming platforms and servers, they have time lines and logs. Any level of logs missing would have been another red flag, any other interactions would create even more red flags. So why were these elements missed? Where did the police system fail? In my view there was a clear failure here. Police 101 had failed in a few ways, but it is uncertain whether the failure should allow any level of blame. You see, there is an element that is in the article, but cannot clearly be weighted. it is “Now 18, he was unemployed, living alone in an Essex flat where he bought server space and used it to game with teenage boys“, we are looking at a 2012 system, so what kind of server space? Did he have his own server? Or did he lease hardware? Unemployed and cash for that? If it was a solitary server, we see another element, because it would not be in an enterprise environment, showing even more flags, if it was a personal server, the cyber division had a place to look at, who had Lewis Daynes been interacting with? Even more parents would have been alerted, other gamers would have been informed that he was a jobless no one, and not the 7 figure income person dangling IT jobs from Syria, New York or Dubai.

All elements, all flags and more issues. All out in the open could have prevented the fatal consequence to Breck Bednar, but that is me talking after the events. As stated, this one article is not a proper setting for it. Yet the BBC article gave a few more issues to consider. The fact “Five other counts against Daynes, including the rape of another boy, were not pursued as there was not a realistic prospect of a conviction, the prosecution said“, so perhaps the fact that the element of rape might have been an additional flag that there was a real risk of danger to Breck Bednar. Yet, the BBC is unclear as per when those criminal elements would have been known. Yet there is additional evidence. If there had been a clear investigation the evidence “encrypted electronic equipment” as stated by the BBC could have given additional issues, because they might have been there validly in an organisational situation, in the case of an unemployed 18 year old, such elements could give rise to flags of a criminal aspect, a criminal aspect that had children in the mix.

Even though there have been investigations and even though a misconduct notice was brought, it took almost no time to find enough flags to raise concerns on several levels. This gives concerns to what else is getting missed. Not because I am so bright (I am that), or that the police is that stupid (they really are not), but the need for an evolving infrastructure. If you think that issues are missed now, what do you think will happen when the transition to IPv6 really gets underway? With handheld and mobile devices all stronger than the average data server in 2007, what was reserved to data servers and corporations, is already in the hands of individuals, most of them having no clue what they are holding onto and what these systems are capable of. How can any police force sustain its workload if it is not reshaped into an evolving infrastructure that is able to adjust to other criminal elements? This level of evolution is currently not happening, moreover, it is not happening in many nations. Which is a worry when we consider the case of Lewis Daynes, you see, in this age of economy, the danger of extreme behaviour in a time when people have no jobs, no outlooks and no prospects, these souls are more likely to become extreme, that is a given, yet the extent to it happening is not known, it cannot be predicted and it requires for a better level of investigation. If we are to lower the dangers that kids like Breck Bednar face, we have no other choice but to evolve and change the way we investigate these issues. There has been a clear call for a long time that legislation requires adaption to all kinds of cyber-crimes and cyber based crimes. This for the mere reason that the jump to IPv6 allows a jump from the 4.3 billion addresses that IPv4 gave, to the amount that every person on the planet would have a unique address for every device it owns. More important, IPv6 will allow for every person on the planet to have 1,000 devices, each with their own address and even after that less than 0.1% of all available IPv6 addresses would have been used. We are pushed into an evolution because IP addresses are no longer available. Our devices, each 1,000 times more powerful than the computer that got Apollo 11 to the moon, the computers required to monitor the satellites is now no more than an app and nearly every mobile phone from the previous generation would be able to run it. We moved technology that far ahead. We are now moving to the situation where we see that almost 4 Exabyte a day is transmitted. All that data, once we are in IPv6, all that data can be identified per person and the amount of data will increase almost exponentially. When we get there, how impossible will it become to find extreme elements like Lewis Daynes? That is just the extremes, we haven’t even considered what organised crime could be up to. A situation that brings more questions than answers. Some answers are being sought by Lorin LaFave and I wonder if enough parties are asking the right questions, because some questions come with the element of costs, and they will grow, yet the costs will already be high to begin with. A dimension many politicians are not ready for because the coffers are empty and budgets constraints will limit the steps that need to be made, many are aware of it and nearly no one are voicing those elements.

There is a reality to that, but the reality we need to address is the nightmare Lorin LaFave is forced to face and she is not the only mother who should be worried.

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Tagged as BBC, Breck Bednar, CBM-64, Diablo 3, Essex, Fallout, FBI, Grays, IPv4, IPv6, Jason Sudeikis, Larry Page, Lewis Daynes, Lorin LaFave, Minecraft, Olivia Wilde, police line 101, the Guardian, VIC-20

January 18, 2016 · 19:43

The line of privacy

I have a decent grasp on privacy. I tend to give it to others as much as possible, moreover as I on average do not really care about their private lives. This sounds harsh, but consider the facts. When the person isn’t family, or directly connected to you, how much do you actually care? Some people do care to know everything, but that is another matter entirely. So when ZDNET and a few others published ‘61 agencies after warrantless access to Australian telecommunications metadata‘, I was initially in that mood of, ‘oh yea, whatever!’ You see, when I see names like ‘Australian Financial Security Authority’, I reckon financial planners will get jumpy, but is that about possible ‘dubious’ choices, or their need for privacy? You see, one implies the element of a transgression, as such it becomes debatable whether those actions are to be lauded with non-access.

With a player like Clean Energy Regulator we see an industrial access need, and I very much doubt whether they are interested in individuals. But what happens when we see that groups like Bankstown City Council, Racing Queensland, Office of the Racing Integrity Commissioner (VIC) and the National Measurement Institute, I start having questions (especially regarding levels of sanity).

Let’s consider the access: “warrantless access two years’ worth of customers’ call records, location information, IP addresses, billing information, and other data stored by Telco’s“.

Now, I will be the last one to questions access by ‘valid’ organisations and even looking that the ‘alphabetical’ list the locations of the redacted names does not seem to include ASIO and ASIS, who have a clear need for that access, but can anyone explain why Bankstown City Council needs that access? In that same line we can add both Racing Queensland and the Office of the Racing Integrity Commissioner (VIC). If there is an investigation, it should go via the police of the correct channels. I see zero, I say again, zero reason to give those three access. Before we know it, we see Waverly City Council and perhaps even Chatswood City Council. How long then until all that data becomes available ‘for a special price’?

There are a few others on that list that require scrutiny. Do you really think that industrial transgressors wanted by the Department of the Environment will use their own phones? How much wasted man-years will we face as those untrained individuals try to make sense of 23,644 burner phones, which is just Sydney. In all this it seems to me that those requiring access will after that have an issue with processing data, which means more software, more failed levels of security and even more data transgressions. This must be the heaven that Rupert Murdoch dreams of. Data all accessible behind a server guarded with the admin password ‘qwerty’ or perhaps even ‘password’.

Yes, there is a massive issue here and the magazines including ZDNET (at http://www.zdnet.com/article/61-agencies-after-warrantless-access-to-australian-telecommunications-metadata/) mention the names (minus the redacted ones), we see the additional quote “Of the agencies and departments given access to existing information or documents to enforce a criminal law over the 12-month period, and not included on either list released by AGD, or known to be an enforcement agency already“, we now see names like RSPCA Tasmania and The Hills Shire Council, when we look at one of the websites (http://www.rspcatas.org.au/ for example).

We see in the about section: “The RSPCA (The Royal Society for the Prevention of Cruelty to Animals) is the voice for the animals of Australia. We defend their dignity and fight to stop cruelty. We offer shelter, education, medical attention and love. We are animal protectors, carers and guardians. We bring solace to abandoned, surrendered and injured. We prosecute those who would harm them. And we fight for the humane treatment of all living things. Our job does not stop at animals. We believe behind every animal is a human being who is in need of guidance, encouragement and help“, which is a nice fluffy and caring text. Nothing wrong there. So explain to me, how a place like that has a decent level of cyber security, with in their office pool an IT person with CCSP certification or higher and a few other skills. You see, when these skills are absent your data will be up for grabs. Perhaps that is outsourced, meaning that additional people have access to all that data, have those places been properly vetted? So on an island of 515,000 we see this level of personal data access requirements? My initial follow up questions would than become, of all those funds required from the donations, how much ends up going to animals?

In the case of the Hills Shire Council we can have a lot more fun, their community profile (at http://profile.id.com.au/the-hills/population) gives us “The Census population of The Hills Shire in 2011 was 169,873, living in 57,205 dwellings“, why for the love of whatever is holy (or named Cthulhu) would THEY need that level of access to data?

In my view we should start asking a few questions regarding the mental health of whomever gave that level of access. I am guessing that this was Attorney General, George Brandis, which basically gets confirmed in the Guardian Article (at http://www.theguardian.com/world/2016/jan/18/dozens-of-agencies-want-warrantless-access-to-australians-metadata-again). As we see the quote “the government narrowed the definition of an “enforcement agency” that was eligible to access telecommunications data to a shortlist of law enforcement agencies, including the Australian federal police and state and territory police forces“, my initial thought was ‘that makes perfect sense’, yet in that light, how the flipping Divine Comedies did RSPCA Tasmania make that list?

The Guardian in light of all this ends with a comical quote “This method was taken to allow the Australian Border Force to gain access to telecommunications data without needing to gain approval from the Attorney General’s Department or the intelligence committee“, which is interesting as this implies that the Australian Border Force has less access than RSPCA Tasmania, which would make perfect sense if you are a golden retriever.

So apart of the access and the lack of insight here, has anyone considered how that data is to be read, analysed and processed? In addition, when we consider the access level of applications, the support and very likely (read: extremely likely) the levels of consultancy needed, what else is missing what will this cost the taxpayers in the end? I can tell you now that such solutions are not cheap, not easily implemented and did I mention the security needed for keeping that data safe? Even if this all goes through clouds and remote access, how long until a volunteer looking after cats will leave that password accidently out in the open, or even worse leave that system logged in and unattended?

As stated, I would never object to the actual law-enforcement agencies to get that access, but it seems to me that too large a group on that list is nowhere near that level and even (read: especially) when we consider groups like Greyhound Racing Victoria, why are they not going through police channels?

I see both articles and no one seems to be asking the questions that need to be asked. Questions that had to be asked extremely loud and very nearby after a mere 30 seconds of reading those articles. By the way, when reading the ZDNET article, it is the article that follows that is cause for even more questions.

One of the quotes is ‘the Many Layers and Tools of Digital Collaboration Today‘, which is nice when it is a mere graph of generic data. In that we might not care, but in the issue of ‘call records, location information, IP addresses, billing information, and other data stored by Telco’s‘, which includes all your personal data. Consider the following quotes “employees and departments are helping themselves to the tools they believe they really need. At the same time, companies are steadily dealing with what is now too many categories of communication and collaboration software to adequately manage and govern, much less individual apps” and “The issue itself is perhaps best demonstrated by the rapid rise of Slack, the current darling of team chat and wildly popular with its users. In many of my recent conversations with IT managers, I find that Slack is invading the workplace on many fronts, regardless whether it’s sanctioned or not” and finally “The top categories of apps today include VOIP, Web conferencing, e-mail, unified communications, IM/chat, file shares, file sync, CMS/DMS, intranets, discussion forums, enterprise social networks, relationship management platforms (including customer-facing CRM), and last but not least, online community“.

Now remember, the second article (on the same page) is not connected to the first, but consider the cloud and the explosive growth of so called ‘tool apps’ and the utter lack of in-depth security and access checking, how many back doors are organisations creating through such tools, with access to your data? Weirdly, I would never hold a bad thought for a volunteer organisations like the RSPCA, which is exactly why they should have never ever been given access to data like that. For the mere reason that cyber security cannot viably be maintained.

Whomever boasts on the security of places like Slack is in my view decently nuts. When we see interested players like Accel, Andreessen Horowitz, Index Ventures, KPCB, Spark, and Social+Capital, the first thing we will see fail is a pressure to release a new version and there will be the need of security patches (which is a reality), this also means that data would have been unprotected. The mere intense need for Common Cyber Sense is that boss who wants that new version, because the presentation looks cooler. Even when we ignore the issue of Slack, we still see an exponential growing app base, with access all over the place, which means danger to the data. Even when remotely accessed, even if that connection is secure, too many places get access to data they should not have access to.

When we hear people state that servers have access limitations and more of the mumbling, here is a simple word of caution, something I personally witnessed. There was a financial software program. It was a good and legitimate program. The small issue was that when the program accidently crashed, that person remained on the data server with rights of an administrator. It took them 2 weeks to figure out it was happening and another 3 weeks to repair their system. Consider something like that happening today and with the ‘upgrades’ Microsoft requires on a too regular a basis, can we even risk this level of access to the expanded group that has too limited a grasp (as I see it) on what constitutes Common Cyber Sense?

I wonder how long until we get a carefully phrased apology from certain high ranking IT elements, who will offer their resignation and walk away with a 7 figure handshake.

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Tagged as Accel, Andreessen Horowitz, Attorney General, Attorney-General George Brandis, Australian Border Force, Australian Financial Security Authority, Bankstown City Council, Cthulhu, George Brandis, Greyhound Racing Victoria, Index Ventures, KPCB, National Measurement Institute, Office of the Racing Integrity Commissioner (VIC), Racing Queensland, RSPCA Tasmania, Social+Capital, Spark, the Guardian, The Hills Shire Council, ZDNet

January 16, 2016 · 20:04

Twilight in your pants

This is not about medication, or even about flaccidness (other than the flaccidness of the economy or politicians for that matter). No this is about changes, about the need for governments to do a lot more than wake up, because that knock on your door is no one else but the grim reaper informing you that time is up, with the additional request to follow him into the next room.

Yes, this sounds like drama and entertainment, but it is not. At present, the changes that will hit us can impact our retirement funds, they will hit our lifestyle and it will most definitely hit the cost of our living. All elements of a situation I send warning about. So now we read ‘US stock markets take a major fall as Dow reaches lowest level since August‘, where (at http://www.theguardian.com/business/2016/jan/15/us-stock-markets-fall-dow-oil-prices-china), the quote “the Standard & Poor’s 500, the index of America’s biggest companies, falling 2.2%” might give view that there is not a large event going on, but that is alas not the case. The two quotes “the markets’ decline has put “a negativity across the economy, a negativity to every CEO looking at his or her stock price, a negativity about business”. He also warned that the oil price, which on Friday settled below $30 for the first time in 12 years, could fall as far as $25 a barrel or lower” as well as “We’ll probably have to test the markets lower, and I think when we test the markets lower it’s going to be a pretty good buying opportunity”. These two give view that waves are coming, but when we look at the reality of any market and any season, there will be indications that sometimes those markets are up and sometimes they are down. So why exactly is this a big issue?

Well, that part is seen in “The falling oil price and disappointing retail sales data released on Friday have pushed back expectations of when the Federal Reserve will next increase interest rates“, yet the question is, was this all about the oil, or is this about the hidden text, the mere mention ‘disappointing retail sales data‘, which in a long down economy should not be a real surprise. The text “retail sales declined in December to make 2015 the worst year for US shops since 2009“, as well as “retail sales dropped 0.1% compared to November” was set in two separate paragraphs as to confuse the reader with a half sentence, but consider that November preceding the shopping needs for Christmas was 0.1% higher, this gives a clear part of the problem, because consider all those temp workers, with economy that bad, how can they hold on to their jobs? Their bosses cannot be blamed here. This is about an economy that had been ‘spiced’ up in reports and then failed to deliver. Something that we all should have seen coming.

The second story confirming all this namely ‘Wall Street plunges after poor US manufacturing and retail sales‘ (at http://www.theguardian.com/business/blog/live/2016/jan/15/oil-prices-slide-back-towards-30-heading-for-10-weekly-loss-business-live), gives more information. Now I’ll add the quote “On Wall Street, the Dow shed more than 400 points, a drop of 2.3%, and the Nasdaq is nearly 120 points off, a 2.7% decline. The FTSE 100 index is down 2.1%, France’s CAC is off 2.8% and Germany’s Dax has lost nearly 3%” but I’ll ignore it for the moment, you see when we see “We now estimate that real consumption growth was a disappointing 1.5% to 2% annualized in the fourth quarter, with overall GDP growth at an even weaker 1%“, which comes from Steve Murphy, US economist at Capital Economics. So, Mr Murphy, which part of a weak economy, people out of jobs, people forced to work two jobs to get above the poverty level, what did you expect them to do? Ignore their hardship, whilst they realise that bills are due a mere week after Christmas? Neil Saunders from retail consultants Conlumino adds to that conundrum by adding “A relatively weak product line up in electricals failed to capture consumer interest, resulting in a sales decline of around 3.5% in December; and although sales picked up the latter end of the month, clothing also put in a lackluster performance thanks to warmer than average weather“, so he is stating (considering the group mentioned earlier, a group that impacts well over 15% of the US population, in addition, the group that is somewhere between 25% and 30% is just getting by. That gives us close to 50% of the population, do you actually think that these people are interested in an Electrical product line? Did you not consider that well over 50% of the US population is not interested in a new 3D TV, but will find whatever cheap option available, in addition, if the current TV is working, they will try to skip it for a year. Did you not consider that? As for the fashion part, the fact that it was also US’s wettest December on record is ignored, so those people did not pay for things like coats, boots and so on? Umbrella’s perhaps?

So even though it is not the coldest one, it might not have stopped a collection of ladies to buy something for the Christmas occasion, they would still have needed clothes, perhaps your consideration is off?

You see, these people project and make conjectures based on flawed data sets, in addition, as they make the call for needs that might be, they are ignoring the needs that actually are. A functioning economy being the first part of it. In all this the UK is not outside of the scope either. This we see in the third article called ‘Bank of England bans two former Co-op Bank chiefs from top City jobs‘, the article (at http://www.theguardian.com/business/2016/jan/15/bank-of-england-bans-co-op-bank-barry-tootell-keith-alderson-top-city-jobs). These three articles were not randomly chosen. Let me add the following quotes “Two former bankers at the Co-operative Bank have been banned by the Bank of England from holding senior positions in the City after being found to have posed an unacceptable threat to the company’s financial position“, we also get “The Bank is fining Barry Tootell, a former Co-op Bank chief executive, £173,802, and Keith Alderson, who ran the corporate and business banking division, £88,890“. Which might leave us with the thought that a fine was given, so what is the hustle?

That we get from “Banks that are not well governed have the potential to pose a threat to UK financial stability. The actions of Mr Tootell and Mr Alderson posed an unacceptable threat to the safety and soundness of the Co-op Bank, which is why we have decided a prohibition is appropriate in these cases”, which sounds awesome and in that, similar steps should have been taken against many others for amounts many times higher than those mentioned. Yet, what is still the issue?

Well part of it is seen here “It cites moves by him to change bad debt charges, which in one instance which had the effect of maintaining the bonus pool“, which is an issue to one end, yet the other part “The Co-op Bank has already taken steps under previous rules to withdraw £5m of bonuses from a number of employees and there is no prospect of clawing back any more bonuses“, you see these things happen and as such there will be consequences. The final quote “The Bank of England did not find Tootell or Alderson deliberately or recklessly breached the rules and did not make findings of dishonesty or lack of integrity in issuing the bans and fines”, gives us the issues to work with. So as stated, the quote “the potential to pose a threat to UK financial stability” is now at hand, because even as those two had senior positions, they still reported to others, they reported to a board of members at the very least. The two might have been fined £261K, but how much in bonuses have they acquired?

That issue can be seen in the first part as stated earlier “did not find Tootell or Alderson deliberately or recklessly breached the rules and did not make findings of dishonesty or lack of integrity“, so if that is not the case, why would there be an issue? If there was no deliberate or reckless, than why are they held to account? There were no guilty parties? So those two are either patsies, or they have the goods on multiple others and they are ‘let off’ with a possible bonus option down the line. In all this we see a few issues. The first, as I see it is that pushing two people out is merely a hollow gesture. Which also connects to the US, as given in “to pose a threat to UK financial stability“. You see if that is true and these small fish are indeed a danger, why are the big fish not acted against? Someone hired these two and mentored (and hopefully monitored) these two. The fact that they are merely ‘senior’ also implies that there are a few involved members that they reported to, are they not bigger threats?

The article ends with “the current management team continues to progress the turnaround, having raised additional capital, achieved considerable de-risking and improved brand metrics“, so how much of a risk does Co-Op remain to be. More important, why is a market research metric an issue here? You see ‘improved brand metrics’ sounds nice, but how much does it matter in the scheme of things? We all accept that brand metrics matter, yet in this light, is this truly about ‘branding’? Perhaps this is about the issue of ‘de-risking’ which also impacts branding, but de-risking is all about the bank not becoming the next ocean floater. So are we misinformed? Yes, we are, but embossing was never really illegal (it is the existence of marketing).

In this, the press has little blame, it is what they are told and as such, in this case, I am not having a go at the Press. What is partially the issue is that these articles are at the foundation of things that have been known, issues that are set or expected, but in all this, the governments and their over optimistic reporting has not led to serious questions and questioning by the press either, which is an issue and remains to be so. That part is now gaining visibility when we see that two senior executives are banned with the reasoning ‘a threat to UK financial stability‘, I am not stating that this is not the case, but the fact that two individuals can have this strong an impact is equal worry on how the banks high executives could have allowed for such risks to remain in place, moreover, the fact that this is done to these two, why are their bosses not mentioned or part of the conversation as to what is regarded to be ‘a threat to UK financial stability‘? That part is clearly missing.

This now reflects back to the US.

For this we need to take an academic step back in time (see the TARDIS on your right). On August 19^th 1988 Richard B. McKenzie wrote ‘The Twilight of Government Growth in a Competitive World Economy‘. Initially he focuses on “Technology is gradually eroding the monopoly power of government and is thereby reducing people’s incentive to control governments (or the people who run them). This is the case because the capital in capital-ism is becoming far more elusive and far more difficult to control–by governments“, so we see a view that in 1988 someone reported on the dangers on how technologies might enable big business, but will cause erosion within governments. Simply stated, most governments are confronted with the twilight in their pants, flaccid and to some even regarded as redundant. His paper is more about the impact on technology, but there are a few gems that have been ignored by spokespeople and reporters at large. The quote “Democratic governments are necessarily constrained by the rules of politics. For example, these rules require that a majority of the voting representatives approve fiscal and regulatory policies. Rules of democracy also force politicians to face periodic elections and to be held accountable, within limits, for what they do. If politicians raise taxes and expand business regulations, they have to consider the possibility of being turned out of office“, might be accepted as a mere fact, yet consider ‘voting representatives approve fiscal and regulatory policies‘ and ‘the possibility of being turned out of office‘. Now we get the issue that has been playing for almost a decade. By not approving fiscal and regulatory policies politicians could stretch their time in office. So, is my premise correctly, by stating that acting has consequences, does the inaction guarantees the opposite? Proving one is not a premise for proving the other, yet in all this, we see the elements of the economy that has been plaguing the people since 2005. Now consider the following: “In general, a growing number of policymakers see a need to make America ‘competitive’ again, mainly by releasing government constraints on capital and income“, here I am not in agreement. Actually I am, providing that accountability will be taken into account and as such accountability will become a massive part in the change we require. Here we see the link towards the UK, the banning sounds nice, but until what extent? How can some be ‘punished’ whilst we see stated that they never deliberately or recklessly breached the rules? Which might be a discussion for another day.

So where do I stand?

Is this the case that these events are mere flickers of the light? This remains an option, we are all fixated on the US and their 18 trillion debt, the UK has a trillion and small change in debt and both are realising that they have degraded their populations as upcoming slave labourers for whomever holds onto those debt slips. I admit that this sounds ludicrous, but is it that far-fetched? Consider the loans you have, ALL your loans, now consider the loans your government has, and now consider what happens when they default. Do you think that things remain the same? No, your loans will now suddenly be adjusted due to risk and you will end up with an additional 2%-10% (there is no way knowing of how much you will face). Now, some will state that default is an illusion and that the no government will default. Really? How long until we all realise that Greece can no longer be saved? They call it ‘debt forgiveness‘, but it remains a default. Carmen Reinhart is Professor of the International Financial System at Harvard seems to be trivialising it in an article, as I see it (at http://www.afr.com/opinion/signs-of-sovereign-debt-default-loom-20160110-gm2s05), we see quotes like “creditors may be overstating its potential external impacts“, which might have been true in the past, but we see little regard on the impact of the Euro when Greece defaults. There is no way it will not impact. The bulk of the Euro nations are so deep in debt that these hundreds of billions will impact them. I reckon the day that happens it will not be a good day to be a Greek outside of Greece. These issues are elements of a needed change. We need to make big changes and they will have to start this year. Every year that changes are delayed means that less people will have any options down the road. It is the direct and pragmatic approach to triage in an economic environment. There are no shortcuts to resolving any of this. There is only the harsh reality of changes, legislative, regulatory, procedural and then operational. It can only be done if all are aligned in that same goal, which implies that politicians should be left out of it (even though that is not a reality). The action by the bank of England might be a first spark, yet it is a spark that might go nowhere, if you doubt this then contemplate Tesco v Pricewaterhouse Coopers [2015], when exactly did that happen?

We need change, massive change, it was stated by many, not just me, but when will it come?

Here is the crux of the danger we face, whatever change we need, it needs to be implemented by politicians, all fearing the flaccid twilight in their pants. In France Marine Le Pen is trying to force change, to give France to the French, this scared Hollande and Sarkozy to the extent that they collaborated in a coalition, just to keep any victory away from Le Pen. Consider that part, two political opponents collaborating BEFORE the election, regarding who will win. That is what nations face. In my view that action was not about the good of France, that was about keeping the status Quo for big financial behemoths like Natixis, one of many who would lose out on billions when change happens. So as we see we need change, we are confronted with the people who have, as I see it too many self-interests at play, how can this ever go right? In that same way we have Nigel Farage in the UK. Here the UK has an advantage as the Conservatives have been trying to get the damage down as much as possible. It has been a bumpy ride for them, but there is progress, even as the waters seem to work against them, the UK is moving with many more options than the US or Japan has. The other Euro players (those with the Euro) are nervous, their nervousness increasing every day and faster as we see the back set by markets. In that regard, other nations have their own issues that are pushing things down. The Dutch pensions have breached solvency levels. They are below the required 105% levels, some have it as low as 101% and one even at 99%. They are facing the issue of combined value of pension assets fell by £6 billion, rising bond yields reduced the total liability by £20 billion. How will those be further impacted with the economic forecasts as they are diminishing and even further when those who invested in government debts see that the first one, Greece can no longer pay them! What do you think will happen? Are these just bad panic mongering words?

Can we perhaps consider that as events of the last few years have unfurled the way I expected, when they did not (as some did), we only saw a mere setback in the critical timeline, only to see these events come again with a much higher need for funds. In all this many forgot about Norway and their dwindling profits. As their wealth was oil and oil went from price X, to price X/4, their deficit went through the roof. Norway started to use their oil funds to plug their deficits. A story that got to Bloomberg, but did not get the visibility it should have had, because it gives us another nation that is not able to pull its own weight. I do not mean that in too bad a way, only in the realisation that the nations that have an economy where its governments have correctly budgeted for the year has now been reduced to less than 5, it is a stretch that Greece can topple the EEC, there is however the issue that the pressure from Greece will reduce the error margin of Italy and France to 0%, which is really a bad thing.

So will politicians remain flaccid admiring the twilight in their pants for the neediness of their own future, or will we finally see the first drastic legislative changes we need to charge up a start to regulatory changes?

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Tagged as Bank of England, Barry Tootell, bloomberg, Dow Jones Index, Hollande, Keith Alderson, Marine Le Pen, Natixis, Nigel Farage, Richard B. McKenzie, Sarkozy, Standard & Poor, the Guardian, Wall Street

January 13, 2016 · 20:23

To do or not to do

Weirdly enough, the act, the thought and the interest is not new. The ‘wisdom’ has been seen as early as the 60’s in public toilets.

Socrates tells us that “To be is to do”
Jean-Paul Sartre states that “To do is to be”
Frank Sinatra taught us: “Do be do be do”

Socrates, or So Crates as Keanu Reeves called him, started the thought, yet in the 19th century French philosopher, Sartre, who also dabbled in playwrights, novels, biographies, literary criticism was also a political activist. In his philosophical views, he share the view of Existentialism, where philosophical thinking begins with the human subject, hence, we can ask whether he should be on the side of So Crates. Even as Existentialists are often seen as ‘too abstract and remote’ from concrete human experience, we might wonder, because of the actions of Sartre whether he was a true Existentialist. Perhaps he was an academically inclined individual on the path of applied logics in the evolving field of pragmatism. His view on Phenomenology, or over simplified ‘taken intentionally as directed toward something’, as some might see it as ‘the hammering of a nail’, yet in all this, does one consider that the nail ‘just’ is?

So where is this going?

Well this is about a BBC article titled ‘Did Sean Penn break the law with El Chapo interview?‘ (at http://www.bbc.com/news/world-us-canada-35228910).

The quotes that are in question is “In his Rolling Stone piece, Mr Penn talked about the use of burner phones and other methods used to escape detection by authorities. Many people have wondered whether Mr Penn broke the law with his reporting – and whether or not he could be prosecuted“, so is there really a ‘group’ of many people, or is there a select group of some people in specific positions? By the way, burner phones are used in a massive amount of ways by people in many circles, the financial circle for one, the intelligence circle as another side and both have been illuminated by novels, TV shows and movies in a massive way, so why mention this part at all?

The quote ““Simply having contact with a known narco-trafficker is not the basis of prosecution,” said Daniel Richman, a professor of law at Columbia University and a former federal prosecutor” is equally important, because as is, why place this article in such light? Because some people are as the quote gives “his interview has made people uncomfortable“, really?

Why is that? You see, many people (many thousands) in the UK have been extremely uncomfortable with the Tesco affair and the involvement of Pricewaterhouse Coopers, how many people have shone a light on this within the BBC, or any other large media outlet for print or multimedia?

Would the answer be Zip or Zilch?

The last quote in the article is actually interesting “As Cesar Diaz, a former senior special agent who worked on investigations of Pablo Escobar, a Colombian drug trafficker, said: “If I was a Mexican authority, I would want to know: How in the heck did Sean Penn know where El Chapo was and we didn’t?”“, most likely he is deceiving the listener with his statement, you see, very likely El Chapo knew exactly where Sean Penn was, not the other way around and as such, one was brought to the other, Cesar Diaz actually knows this. Perhaps he is steering away from the issue that CNN gave light to (at http://edition.cnn.com/2015/07/15/americas/mexico-corruption-el-chapo-escape/) on July 16^th 2015. Where we see “but a series of scandals in the past year already had top Mexican officials in the hot seat. And Guzman’s escape, experts say, shines an even harsher spotlight on a problem that historically has stretched from police on the streets to the highest halls of power“, which is nothing new really, we have seen it in many sources, now, we might agree that not all sources are reliably honest, yet when we see a ‘random’ 3465 articles regarding corruption, how many would we need to show that there is a massive issue in that regard? In that view, is it equally far-fetched that El Chapo got a phone call from the airport where a young lady with a warm voice states “Senor, your movie star friend from New York La Guardia has arrived 10 minutes ago, tener un día maravilloso!” That would have been the start for a mere pick-up job. Cesar Diaz knows this, there is little mystery here.

Yet as we see all the speculation and worded effort to try to show that something is here, how come that the BBC and all other players are taking a wide berth around the issues of Tesco and the 3 billion drop in value? I gave a little light towards this yesterday, there is little to no action, what scares them?

Now it is time to get back to my slightly lower than basic feel of philosophy. If we accept that Phenomenology is ‘the study of the structures of experience and consciousness‘ how would the press be valued as we see the structure of ‘morality and values‘ regarding the interview of one person regarding another, let’s say, a person with an arts direction and his observations and interactions with an escaped drug baron, perhaps ruler of a drug empire would be better, yet in that same light, the professional press will not step anywhere near Pricewaterhouse Coopers regarding their involvement in a scandal that broke Tesco in little pieces, an involvement as shown by their peer Deloitte we see a version that forces us to ask additional questions regarding the acts that PwC was involved in, so in all that, the press stays away? How can we remain conscious, or better evolve consciousness whilst the press, regarded historically as the evolving factor of our opinion of events, how can we rely on that press who can to a larger extent no longer be trusted in their assessment of what is an issue?

In a similar light, as we see Existentialism as a view where we see that humans define their own meaning in life, and try to make rational decisions despite existing in an irrational universe. As such, is Sean Penn defining meaning in life? Is he giving us a view where we get to see how the world in some places are managed and arranged? Is that the view that scares Cesar Diaz? Is that the view that scares the ‘uncomfortable’ people? Many know the reality that life for some people in some continents are very different to the one we face.

In that same view, as Existentialism believes that we are free to do, to be and as we must take personal responsibility for ourselves (and our actions), which act is the most immoral one, the path Sean Penn took, or the path the UK press at large refuses to take as they seem to cater to the need of their advertisers and not regarding the path the people are entitled to be informed on? When did the newspaper become the projection of presentation, when did it stop to be the critical informer of events as they happened? So as the press answers that their Existentialism comes with angst, we need to ask regarding the type of angst, angst regarding their income, their career, or their boss. How many of these flags would it take to see them not as journalists, but as mere cowards with some writing skills and decent punctuation? I am just asking!

No, as I see it these facilitators ignore the outside sources, deny angst and move to the music and dance (off the beat) as Sinatra sings ‘Do Be Do Be Do’.

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January 10, 2016 · 20:49

One in six before this court

The Guardian had an interesting piece yesterday. The article (at http://www.theguardian.com/world/2016/jan/09/netxflix-murder-whoddunit-petition) with the title ‘Making a Murderer spurs 275,000 viewers to demand pardon for central character‘ is centre in all this. The first thing that came to my mind was the question: ‘Are people stupid, or is Netflix just brilliant?‘ takes a centre stage. You see, we seem to hang onto this notion given by movies and books that wrongful convictions happen all the time. Yet, where is the reality? First of all, the reality is getting buried by pretty much all parties. The best I could initially find was a 2013 statistical highlight. 172,024 matters were received involving 113,893 defendants. The document does have a lot more (at http://www.justice.gov/sites/default/files/usao/legacy/2014/09/22/13statrpt.pdf) and I hoped to find a more recent one, but these 121 pages should be enough to get you started. You see, the issue becomes when we try to get a deeper view of the issue, one that might not be in the interest of the U.S. Department of Justice Executive Office for United States Attorneys, but when we see on page 8 that 2013 had 61,529 cases files, and we see the claim on page 9 “The rate of conviction remained over 92 percent, as it has since Fiscal Year 2010“, which gets us 56,607 cases.

This document is important for a few reasons, you see, Netflix has created a monster in a few ways. First of all, this is not a legal piece of work, it is an emotional one. An emotional presentation. One would think like many other reality shows bombarding emotions. This would be the first mistake for anyone making that jump. It is a documentary, a presentation made in the best light any camera could do. The view of cars in decay might have meaning, but the mere view is that is, is a view of written off ‘rust’. It all starts with the fact that a person was freed after 18 years when DNA proves him to be innocent. We immediately feel for this person, a sex crime one of the most heinous crimes we would all love to clobber a man like that to death, like a fur dealer kills a baby seal, with a nail board. But then, we are confronted with innocence. This man never did that, so how did he get convicted? These are the thoughts many will have in the first 6 minutes of the pilot. Most will be hooked, I myself saw this and was captured. We get even more turmoil when we consider ‘The wrongful Convictions Blog‘, which has Contributing Editors like Justin Brooks, Professor, California Western School of Law, who is in addition to that Director of the California Innocence Project. I feel certain that Netflix (read: the makers of this documentary) did their homework on this project, so why is there an issue?

The series is brilliant because this could be the first time that this series is sparking the need for a true total overhaul of the American Justice system. As I see it, it is a first that we see ‘more than 275,000 viewers have signed a petition asking President Obama to overturn Avery’s conviction‘ on a scale to this side. Yes, Netflix created a monster, but is it a bad one? When we see numbers like 5,000 – 10,000 wrong convictions, when we realise that 5-10K out of 56,607 represents 8.8%-17.6%, now we get one in six to one in eleven gets wrongfully convicted.

Footnote: This is based on two sets of numbers, there is no clear picture on how many wrongful convictions there are in 2013, giving a debatable number (just making sure that you understand that my numbers remain debatable).

Now the issue shift, it shifts strongly in a direction we cannot predict, because until the numbers were clear we were all (me including) how often does this really happen, so when we see a jail movie where someone states that he was framed, he was innocent, the numbers tell us that one in eleven (lowest denominator) actually could be. When it is a parking fine it is one thing, when it is 30+ days it affects a life possibly forever, the American people now have an issue.

Now we get to the other part. The quote “In a statement, the White House said action in this case would need to be taken at state level – in this instance, Wisconsin. A petition directed at Wisconsin’s governor, Scott Walker, on Change.org has 6,300 supporters, but the governor has said that he will grant no pardons“, we see that the White House parked this on the state level this needs to be on, and the response by governor Scott Walker will not help the White House any, but that is the law, the man got convicted. Yet in that our emotions also play up, because when a person is convicted wrongly once, that state better make damn sure that all the evidence is truly Hunky Dory, because two wrongful convictions of this nature can break a government (and their bank account). Yet in all this we see presentations, presentations from all parties. When we see the claim “Two years after DNA evidence was used to clear Avery of sexual assault in 2003, and as he was starting a claim for $36m in damages, he was accused of the murder of Halbach, who had visited his property to take pictures of a vehicle for Auto Trader“, so is one truly linked to the other? You see, my thoughts take me in a partial other direction. Would any woman go near a man convicted of a sex crime? Even if that man was found to be innocent? Doubt will always be in play there. Now consider the location and the date, October 31^st, aka Halloween. Over that day and the day that follows, we see 12 to 4 degrees Celcius, There is sweat, DNA. There is a premise of planted evidence, what is more interesting, why is there sweat from Avery under the bonnet on a day when it is 12 degrees? Summer, we all get, but late October? Was her camera that heavy? Yet in all that defence, we must also voice the quote “Prosecutor Ken Kratz last week accused the programme’s makers – Laura Ricciardi and Moira Demos – of withholding important evidence that led a jury to convict Avery and his nephew, Brendan Dassey“, which is at the heart of the matter. Netflix gives us a presentation and calls it ‘documentary’, which does not make the accused innocent, yet as evidence is allegedly withheld from the documentary, what do we have now? A mockumentary with a taste of legality? #JustAsking

I cannot tell, because I see one side.

So as we all see that outrage is what Netflix wanted to create, we see a job decently done, but is that all it is? Because I reckon until before this series, the one in six part was never that visible. The issue of innocently found guilty is not a new term, but it was a term that was never so widely known in the US. Making a murderer changes all that in a big way, once larger places get on the bandwagon for advertisement reasons, we will see a few more million getting emotional on the one in six group, as they should. Edward Helmore does give us the vital clue in this article “this is not a trial, but the truncated representation of one by journalists” and as I see it they always have their own agenda, does the viewer realise this?

Yet it isn’t just the image or the presentation, one part of the power that Making a murderer holds is the fact that Laura Ricciardi (one of the two makers) holds a JD from New York Law School and an MFA in film from Columbia University School of the Arts, which gives for the extra bang for the buck, but it does not take away that this remains a presentation, call it a new open presentation by ‘the’ defence; which is happening AFTER the conviction took place.

So will this start a legal change for America? The one thing that does in addition stands out is that the US is too bankrupt to be anywhere near considering a 35 million payout for one in six. That will impact the US in ways it cannot survive, so as Netflix brought a monster to life, we could see a massive change in prosecution and legislation, which if it happens would propel Making a murderer into the historic annals of TV presentations.

We should also take a look at the opposition, one who got his visibility through FoxNews (at http://www.foxnews.com/entertainment/2016/01/08/did-making-murderer-get-story-wrong). Here we see “Head of Investigation Discovery Henry Schlieff believes important elements of convicted murderer Steven Avery’s story were left out of the 10-hour Netflix documentary “Making a Murderer,” leading many viewers to draw the wrong conclusion about the crime everyone in America seems to be talking about“, which in my view is not unexpected. Henry Schlieff passed up on the high ratings show, as did HBO. Here lies the issue, part of the response ““We just didn’t feel it right for us in terms of the length,” Schlieff told FOX411. “I think something like this will work really well for Netflix”“. So when was the last time a network passed up on the chance for massive advertisement space opportunities? You can count those occurrences on one hand and you would not need any fingers.

HBO, Henry Schlieff and a few others missed out on a winner, more important, even though there are clear issues with the series, it does something that has not been achieved before; it gives a national and even international light to the massive number of wrongful convictions. Even when taking the lowest number of 5,000, which would not be low, we get close to one in eleven, we might state that one in nine could be closer to the speculated truth, so how many wrongful convictions will it take to overthrow the US justice system as is, as some regard it as a failed system? That conversation is now happening in many US living rooms. The Justice Department might think in way too many households, which will become a much stronger issue down the line, especially when the governor comes up for re-election, even the next presidential election will feel the impact, in an election where every point counts, 10 points come with a bigger bang than what a fair amount of states can offer, so this will become a growing issue sooner rather than later.

In the end, the paths that the series skates on is the implied issue of planted evidence, which is an option but not a given. The pending issue of 34 million gives weight to this, yet in all this most of our minds are stating that this was a rare occurrence. Which many groups are now debating, when a one in six number gets approached the consequence of large claims and the fact that most state coffers could not survive more than a dozen of those. The numbers if even taken at 50% correct give us no less than 4,000 possible cases, which in an equally distributed world implies 75 per state. If even half of that makes it to court, the bulk of the states would go into receivership overnight, the ultimate nightmare scenario.

An issue Laura Ricciardi and Moira Demos might hope to steer to as an ulterior motive, but in equal measure we must look at the direct impact. One, was Steven Avery guilty? In light of the previous false incarceration the main question on the mind of most Americans watching that show and if any clear evidence is ever brought to light that there was reasonable doubt, we will see an escalation unlike any we have seen before in American politics and American jurisprudence, because the 275,000 petition at present will be the mere tip of the iceberg, at that point the anger the people will hold can, could and possibly will topple whatever administration is in control at that point.

Which could have been the intent all along! In my personal view, I think that there has been intent all along. It might not have started out in that way, but after the Michael Iver Peterson Case, after the documentary the Staircase and in succession the events of 2010, I think at this point, both Ricciardi and Demos must have realised that their pet project had the opportunity to turn into a legislative and political Behemoth, and they were the only ones with the footage and the cooperation from the involved parties, they basically had the winning ticket to a lottery no one comprehended its existence.

I believe that part of that is shown in the recent interview that the couple had on Vulture dot com (at http://www.vulture.com/2015/12/making-a-murderer-directors-on-steven-avery-case.html). The quote at the very end: “Demos: One of the experiences we hope will come across is what it’s like to be accused in this country, what it’s like to go through this system. The hope is that with firsthand experience, people will think differently about the criminal justice system: what is working and what is not working, and the role each one of us plays in that“.

I think that the Stephen Avery case is the one straw that can now break the camel’s back. If this plays out correctly (for Ricciardi and Demos), if enough doubt can be created we will see a movement towards justice change unlike anything the US government has ever seen before, because two strikes against one person would be met with opposition never seen before, this is at the centre of many places like ‘The wrongful Convictions Blog‘, they will give rise to the issue of ‘the Justice system and what isn’t working‘.

Make no mistake, in the end Avery does not need to be innocent, in the Netflix presentation they would only need to show enough doubt to get a political ball, the size of a wrecking ball rolling in many unpredictable ways.

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January 7, 2016 · 21:20

Comprehension

At times, I am at a loss. This is one of those times, and it started as I was confronted with the article ‘Treat surrogate parents as sex offenders, says Italian minister’ (at http://www.theguardian.com/world/2016/jan/06/treat-surrogates-sex-offenders-italian-minister-angelino-alfano). You see, here I have two levels of confusion.

Let me explain. The first level involves the women that do this. I do not mean this in any negative way! I get it when it is family, but even then, there is part of me that does not quite grasps it. There is nothing as noble as ‘to give thine own body’. You see, no matter how noble it is, I could never fathom a surrogate mother, not her way or her intent, but the fact that once the baby was born that she would have the strength to part with it. We see and read on how teenage girls offer children up for adoption, mainly because they were not ready and they are unable to care for the child and the child might end up having a much better life. In those instances we try to be understanding, but we all realise that this could eat away at the soul of the young woman who did this. There have been many books and many movies, yet the reality is that only that mother can truly state and express what it felt like.

I think it would not be a pretty picture.

So in that light, understanding that a surrogate mother might actually be capable of raising that child, the willingness to part with it is incomprehensible to me, and I need not comprehend. In all this, I never looked negative against the woman who made that choice. So when I read ‘Angelino Alfano says ‘wombs for rent’ should be punishable with prison, as he suggests new laws will make it easier for gay couples to use surrogate mothers‘, I wonder what kind of an idiot Angelino Alfano actually is. Is he just anti-gay, is he anti-surrogate? From what I read I feel certain that he is anti-intelligent!

Now we get to the religious part, because Italy is all about Catholics. At times I think that Italy is all about Catholics, food and adultery, but we get to that soon enough. So, you’ll see some scriptures, but again, reasoning later.

So Angelino Alfano, answer me this, of all your friends who committed adultery, Leviticus 20:10 “If any man commit adultery with the wife of another, and defile his neighbour’ s wife, let them be put to death, both the adulterer and the adulteress“, so how many of those ‘friends’ did you put to death? Or perhaps we should take a look at his actions as stated by the Financial Times on October 2nd 2013 (at http://www.ft.com/cms/s/0/a142b3a8-2b46-11e3-a1b7-00144feab7de.html#axzz3wXhbQy5b), where we see: “the young Sicilian lawyer has been compared to Judas Iscariot in leading a betrayal of his long-time mentor“. Interesting, so who was that Judas Iscariot person? I wonder if there was a punishment for treason, so in all that, it should be clear that Angelino Alfano should not be making too many statements for a few reasons (read: I will not remove his freedom of speech, just request he keeps a centre of discretion with all his alleged transgressions).

Now, for the other side.

In the Epistle Of Saint Paul To The Philippians 2:3 we see “Let nothing be done through contention, neither by vain glory: but in humility, let each esteem others better than themselves“, it seems that the happiness for the others is taken in much higher regard. In following there is Timothy 1, where at 6:18 we see “To do good, to be rich in good works, to give easily, to communicate to others,” and finally in Corinthians 10:23-24 we see: “All things are lawful for me, but all things do not edify. Let no man seek his own, but that which is another’s”

At face value women who did this have done a Samaritan act of sacrifice and goodness against their nature but not an unnatural one. In a tale of two villages where a storm destroys the bakery of one, should the other baker not make available the oven so that the other village will not perish? Is that such a far stretch? So in that same light should a man of such hypocritical disposition not be shunned for his words and actions? When we read “Treating couples who use surrogate mothers as sex criminals, as Alfano suggested, would entail harsh penalties“, you see the subtext ‘couples who use surrogate mothers‘ is part of this and he seems to be driven to label this as ‘forms of human sexual behaviour that are crimes‘, are they? You see, legally speaking, the intent was given as ‘who use‘, yet this is not the case, the surrogate mother volunteered, which is not the same, she offered and was not used. This now gives us the path he might try to walk which is ‘Treating surrogate mothers who volunteer assistance to same sex couples as sex criminals‘. It seems to get a little dicey now, doesn’t it! As any Samaritan act of good intent is usually not prosecutable. So what started this?

You see, surrogacy is illegal in Italy and that, even if some would considered it to be ‘the act of a non-enlightened nation‘, it is the legal premise that Italy is allowed to make, so when Angelino Alfano comes with the quote “We want ‘wombs for rent’ to become a universal crime. And that it is punished with prison. Just as happens for sexual crimes”, we should all question what is in his mind, perhaps it is the voice of some obscure cleric from Sicily (his origins) who has a massive anti-gay agenda. Perhaps this is not about any of that! Remember the Financial Times part? That is a while ago, but his position is nowhere stable, in addition, in Politico we see “Last month, Angelino Alfano, Italy’s interior minister, described as a “symbol of victory” a plane carrying 19 young Eritreans from Ciampino airport in Rome to Luleå in Sweden. Italy, he said, would send an additional 100 people “in the next few days”” (at http://www.politico.eu/article/why-eu-refugee-relocation-policy-has-been-a-flop-frontex-easo-med/), the UNHCR reveals that on December 31^st 2015 153,600 refugees had arrived in Italy, 97,584 on Angelino’s island of Sicily (read: 63.53125% roughly). So is this really about the surrogacy issue, or is he just making waves especially as he heralded a new home for 19 of those refugees (aka 0.000012369%) with the additional 100, meaning he got a solution for 0.000077473%, yes we can all see where the importance of Angelino Alfano is. It is in the smallest of margins where we see his actions, so as I read this, I am not convinced it is his ‘anti’ approach in all this, it is his need for visibility as I see it and he is not doing it in the most intelligent way imaginable.

Instead of an actual effort to solve the logistics of the refugee tsunami that hits Italy and his island Sicily, we see a surrogacy and an anti-gay tainted pass ono a group that can find a sheltered solution outside of Italy, so instead of solving the problems Italy does have (aside of the 2,230,198,602,275 € debt Italy has at present), we see another politician waste time, space and energy on a topic that is not his to solve and one that has absolutely no solving value for Italy at all.

In all this I feel decently certain that even the Bishop of Rome would side with me that although it is a discussion worthy of the Cardinals Conclave, these women might be beautified for their divine compassion 100% sooner than Angelino Alfano ever will.

Now for me, I have always been leaning towards man-made or positive laws. I feel that the interpretation is important and that we do not always have the wisdom to properly interpret, which is why I have always been a fan of Dr BJ McEniery’s article ‘Physicality in Australian patent law’, which was published in the Deakin Law Review. You see Intellectual property has always been under powerful evolutions, yet the fact that long ago there was a clear understanding that physicality was something that would evolve and the law had no way off seeing how and towards what is always in the back of my mind. Ignoring Natural law is therefore equally stupid. As a Catholic I tend to be more Christian than Catholic, where it is important to see and weigh the intent on the person, so even as I do not rule out the less Samaritan paths a surrogate mother could be on, the powerful drive within any mother would counter this strongly whenever possible, which gets me to the positivity of their act against the trivial and self-righteous mindset of Angelino Alfano and on that scale he does not fare well.

So even if you disagree with my choices of bible passages, there is almost no way where you can consider in favour of the trivial path Mr Alfano is on. I would hope that his holiness the Bishop of Rome would sooner rather than later (as well as several members of the curie) would consider speaking out that the need to solve the suffering of 153,600 refugees take a massive priority over the possible issue that a handful of surrogate mothers might bring, especially when they are openly and voluntarily offering their Samaritan womb on this. So if Angelino Alfano ever (in a legal Samaritan way) rescues the plight of 1536 refugees (aka 1%), only then if any energy is left should he look at small and insignificant issues. but by that time his political reign has ended and the press will not have any time for him as they will be wanting to hear from the next elected official.

There are many issues that plague Europe, some we might never fix, some we can possibly fix and some can be fixed, do we really need to look at issues that do not presently require fixing?

I will let you be the judge of that, but for those who do have a Christian background they still adhere to remember the Gospel According to Saint Matthew (7:1) “Judge not, that you may not be judged, for with what judgment you judge, you shall be judged: and with what measure you mete, it shall be measured to you again“, which is good advice, advice that might be a little too late for Angelino Alfano if we are to believe the Divine Comedy. For was it not Antenora where the transgressors of treason of party and nations ended up, to be frozen in ice up to the neck? Now, let’s be fair, Mr Alfano is no Count Ugolino della Gherardesca, yet as we see the credits he heralds in whilst Italy remains in dire need and he voices his view to a ‘universal solution’ where Italy has no problem, where is his actual allegiance and as such is that not utterly detestable? Yes it is, which does not make it treason or treacherous, yet as Italian Minister of the Interior, his responsibility is for internal security and the protection of the constitutional order. As such he can prosecute surrogacy within Italy, yet it does not mean that it is his job to waste time for the change of a ‘universal solution’, especially as surrogate mothers are in no way an internal security issue, yet the 153,481 (if he ever got the additional 100 towards refugees towards Sweden) might be. As I see it, the refugee logistics fall squarely in his lap, an issue he does not seem to be addressing, which we should regard as a failed level of comprehension on his side.

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January 4, 2016 · 21:38

By what standard

An article appeared several hours ago that brings forth questions. The Guardian (at http://www.theguardian.com/world/2016/jan/03/saudi-execution-call-for-west-to-condemn-killing-of-shia-cleric), gives several causes for concern. The first one is in the title ‘Saudi execution: call for west to condemn killing of Shia cleric‘, why? The subtitle ‘UK Treasury minister describes the killing of Nimr al-Nimr as a ‘worrying development’ as tensions escalate‘ is cause for additional concern. In my (simplistic) viewpoint, why is David Gauke, financial secretary to the Treasury speaking here (read: quoted)? Why is this not voiced by the UK foreign office (and the Home office for that matter)? THEY are spokespeople in this case, well the Foreign Office more than the Home Office in this case, but the home office would be voicing the ‘home front’ feelings. No, it is the financial secretary to the Treasury, whose voice does not count in this situation that is the view that is voiced.

You see, Saudi Arabia is a sovereign nation where the use of capital punishment is based on Shari’ah (or Islamic law). I did not study Shari’ah Law and as such I cannot answer the legality in this, but Saudi Arabia is a sovereign nation with its own set of laws and it is time for people to start understanding that other cultures have other rules and laws. For me, I am still amazed on how capital punishment is not in existence in Commonwealth Law, in addition, I am amazed how targeted killing is still not a legal option, an absence I still believe is more an act of cowardice than anything else (I will address this part later in this article).

So Saudi Arabia has the death penalty, this is not new, it is a given. Yet, what people seem to forget is that when you look deeper into Islamic Banking and Finance that this system is not greed driven, that what is regarded as Sharia compliant finance. It approached the view where Sharia prohibits acceptance of specific interest or fees for loans of money, whether the payment is fixed or floating, which as I understand it implies any excess compensation without due consideration (absent of time value of money), which implies (without deeper investigation, cannot be stated as for certain by me) that the hedge funds nightmare that Wall Street bestowed upon the world would never have happened under Shari’ah Law, I will let you contemplate that thought by yourself!

Let’s get back to capital punishment! When we look at an article by Elizabeth Peiffer (at http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1132&context=wmjowl), we see the following on page 508 (page 3 of the article), “The harsh punishments required for hudud crimes are intended to deter those who might commit crimes that are dangerous to an Islamic society“, in additional support there is something I should add from the Catholic Education Resource Center (at http://www.catholiceducation.org/en/religion-and-philosophy/social-justice/catholicism-amp-capital-punishment.html), where we see “At no point, however, does Jesus deny that the State has authority to exact capital punishment. In his debates with the Pharisees, Jesus cites with approval the apparently harsh commandment, “He who speaks evil of father or mother, let him surely die” (Matthew 15:4; Mark 7:10, referring to Exodus 2l:17; cf. Leviticus 20:9)“, in addition I offer “The last case of an execution by the Catholic Church was that of the schoolmaster Cayetano Ripoll, accused of deism by the waning Spanish Inquisition and hanged to death 26 July 1826 in Valencia after a two-year trial” (at http://www.nashuatelegraph.com/news/805877-196/daily-twip—the-spanish-inquisition-executes.html).

We seem to impose ‘our’ values on every nation, yet we do not take responsibility or repair the damage we allow others to make under either a Christian or atheist guise, how just is that?

Let’s get back to the issue that started all this, you see Sheikh Nimr Baqir al-Nimr was sentenced to death. The BBC (at http://www.bbc.com/news/world-middle-east-29627766) gives us “he was found guilty of seeking “foreign meddling” in the kingdom, “disobeying” its rulers and taking up arms against the security forces“, ‘taking up arms against the security forces’ could be seen as insurrection at best and treason at worst, when I point back to the issue shown in the article by Elizabeth Peiffer we get ‘intended to deter those who might commit crimes that are dangerous to an Islamic society’, is that not the case for both insurrection and treason? Sheikh Nimr Baqir al-Nimr was himself a cleric, so how was the consequence a surprise? Because he was regarded as ‘popular among youth’? The sovereign nation of Saudi Arabia has a set of laws, this is known, so again, why do we read that David Gauke sees this as a ‘worrying development’? Shouldn’t the man be playing with an abacus and solving the UK economy issues (the UK has plenty of those)? In addition, he represents South West Hertfordshire, which is part of Hertfordshire, where less than 1% is Muslim, a county where 90% is either Christian or has no religion (27.3%), so again, what gives, personal interest or unofficial messenger?

The blunt cold issue is that a cleric went against the established order and Shari’ah Law intervened directly and definitively, which I admit is my rather simplistic view on the matter.

In an age where culling over 30% of the planets population could solve food issues, housing issues and several other issues, we seem to embrace the solution that does not get us anywhere. Now it is time to get back to an earlier statement and explain my reasoning. In our day and age, capital punishment should not be seen as a bad thing, we should see this as the ultimate form of accountability. Consider the News in Brisbane where “Cole Miller, 18, was allegedly struck in the head from behind as he walked with a friend through the Chinatown Mall about 3.35am yesterday (AEST)” (at http://www.9news.com.au/national/2016/01/03/07/16/young-man-randomly-king-hit-while-walking-through-brisbane-mall-overnight). Why not ‘reward’ Armstrong Renata and Daniel Maxwell with the death penalty for such a cowardly attack? I feel certain that after a few of these executions teens will get hit in the head from behind a lot less. Why was he attacked in the first place? That is still for a court to decide, but too often and for too long the victim and its family gets to suffer whilst the courts ‘go soft’ too often on the transgressors and it is not because there are so many jobs or there are so many apartments available. As stated, it is for a court to decide and there is of course the need for evidence, because we know how it ended, but how did it get started? I do not have the facts, but that is an important element in Common Law, I am just no longer willing to see that the abolishment of capital punishment is a good idea.

I also mentioned cowardice earlier, for this I need to address the issue of targeted killing. You see, the law as is seems to revere ‘non-permanent’ solutions. In all that people are faced with dangers and risks. Consider that 70% lives in a legal way, no crimes committed, now we get 29.9991% that does have a criminal side, for that we have the law, I do not oppose this, they are criminals of all kinds, from pickpockets, to robbers to murderers, for those we have the law. There is a very small group, 0.0009%, this group is so malignant, so violent (read: extremely fanatic or terrorist), that their presence is a direct threat to the people and to our way of life. In all this, we ‘hide’ behind Common Law and its settings, like it is a Golden Calf (I am referring here to Exodus 32:1–6), how dare we revere a book to that level whilst knowingly endangering the people we swore to protect, are those victims in that same view not degraded to simple human sacrifices for the existence of a book of rules? How can we sacrifice those lives and are we not willing to take the lives who are knowingly and intentionally threatening those innocent (and some less innocent) lives? Are we not bound to protect the people in any accountable way we possibly can? It is the word accountable that should have opened the door to targeted killing a long time ago, I am not referring to 9/11; I am referring to events even before that. To the days of Baader Meinhoff and the Rote Armee Fraktion. Italy had the Red Brigade, Japan the Red Army and that list goes on for a while. We seem to focus on Islamic groups, yet we forget that the Ku Klux Klan, White Power groups as Christian groups and most other religions have their terrorist organisations, groups with members focused on extreme violence against a specific group or a nation in general, as such, when that government has a direct responsibility to keep its citizens safe, where is the logic to not pursue these extremists with all options, including terminal ones?

So by what standard are we judging?

We seem to push our standards onto others, whilst in most western European nations we have only succeeded in making a bigger mess, whilst not holding anyone accountable for anything, as I see it, Sheikh Nimr Baqir al-Nimr decided on a course of action, here (Australia, UK, Canada, sometimes the US too) we all believe in freedom of speech, yet In Islamic nations there seems to be an interpretation that ‘crimes that are dangerous to an Islamic society‘ are strictly dealt with by holding that person accountable. Please consider that I am voicing a view based on the ‘facts’ as I see it published, I am not stating on the ruling of the specific court case of Sheikh Nimr Baqir al-Nimr as I do not have all the facts on that case. And consider again, why is the voice of David Gauke quoted and not from the Rt Hon Philip Hammond MP? In this case it is his voice as Secretary of State for Foreign and Commonwealth Affairs that sets the tone of how we as a Commonwealth (read: United Kingdom) shall deal with our allies, our connected nations and our enemies, not David Gauke. In Australia Foreign Minister Julie Bishop stated today that the Australian government is deeply disturbed by Saudi Arabia’s mass execution of 47 people that same approach was taken by Canada where Foreign Affairs Minister Stephane Dion condemns Saudis over Mass Execution (including the execution of Sheikh Nimr Baqir al-Nimr). So why did the article by Martin Chulov not mention the big names from Canada and Australia within that article? OK, in all fairness, the response from Julie Bishop was only voiced a few hours ago, but the Canadian voice was given yesterday, plenty of time to include that one, it seems to me that the article is about careful ‘voicing’ what does not really matter for the political field that becomes a lot less maneuverable over the coming year, another fact conveniently ignored.

All this regarding the standard a sovereign nations holds. We might not agree and we can voice that, but we must equally accept that every nation has its own rights in dealing with transgressors, even if we are too unwilling to do this ourselves. Consider that hypocrisy is knowingly not practicing what you tell others to do (like having just laws against crime and for victims), now consider that Irony is becoming a judge after illustrating the failure of law.

So is this a mere case of Hypocritical Irony?

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Tagged as Armstrong Renata, Baader Meinhoff, Brisbane, Catholic Education Resource Center, Cayetano Ripoll, Cole Miller, Common Law, Commonwealth Law, Conservatives, Daniel Maxwell, David Gauke, Elizabeth Peiffer, financial secretary to the Treasury, Foreign Affairs Minister Stephane Dion, Foreign Minister Julie Bishop, Foreign Office, Home office, hudud crimes, Iran, Julie Bishop, Ku Klux Klan, Liberals, Martin Chulov, Muslims, Rote Armee Fraktion, Rt Hon Philip Hammond, Saudi Arabia, Shari'ah Law, sharia law, Sheikh Nimr Baqir al-Nimr, South West Hertfordshire, Stephane Dion, white power groups

December 29, 2015 · 11:19

Ignorance is not an option

Moments of scandal within the IDF are rare, but oh boy, when they do happen, they don’t seem to be light ones. That was the first thought I had when I updated my news brief last night and the news ‘Israel’s armed forces shocked at dismissal of missile defence chief‘ (at http://www.theguardian.com/world/2015/dec/28/israel-armed-forces-shocked-dismissal-missile-defence-chief-yair-ramati) caressed my pupils. Yair Ramati an Israeli veteran was sacked for a “grave breach of information security”, the added quote “Israeli media reports said Ramati had broken protocol when he transferred documents to his computer, making them easier to steal” was an additional reason for concern. Israel, a nation that has been under attack for decades, where Muslim fanatics will seek any way to get a hold of information that can further any anti-Israeli cause got a little help when Yair Ramati transferred documents to his personal computer. Now the issue is not that simple, because I myself tend to hold much higher levels of protection on my own computer than the corporate networks tend to have, as such it would be safe, but infrastructure and the rules on them are clear in most networks, even more so in the slightly less trusting environment of the IDF, so what gives?

In the world of cyber, ignorance is no longer an option, ignorance can quite literally get you and your friends killed. Socially, Financially or actually killed in a death certificate kind of way, the IDF (read: Mossad Cyber division) is very aware of that and for a person like Yair Ramati to make a mistake like that, is it complacency or just plain stupidity?

Well, I am less on the side of stupidity, because stupid people do not head the Iron Dome project, they just remain janitors; so should we ‘over-analyse’ this? Yes we should, mainly because complacency is a massive issue. We all do this at times. Any person who states no is either lying to you or will soon be lying to you. We all drop the ball at times, the error might be small and it will not be to the extent of copying files to a personal computer, but those moments will happen. Phishers, hackers and others are all awaiting you to make that basic flaw one day. The only excuse where such a flaw might be excused (to some extent) is burnout. We get to be too exhausted and in one moment we think ‘oh whatever’ the moment you endanger it all.

That is the moment we need to worry about, because it will always happen.

ABC had an interesting quote “Three people familiar with Mr Ramati said, on condition of anonymity, that he had improperly handled classified documents but was not accused of criminal misconduct like espionage“(at http://www.abc.net.au/news/2015-12-28/israeli-missile-defence-director-dismissed-over-security-breach/7056400). From the data I have on Yair Ramati I feel like I should explicitly agree (not that my view can be expertly vetted), but a man like Yair Ramati with decades of loyal service does not commit espionage as I see it, the state of Israel will use his services again and again and with the last three years of missile attacks, I reckon burn out set in and Yair Ramati had his ‘oh whatever‘ moment. This event is a wakeup call for the Israeli security services in more than one way, because this situation could have more than one person in such a predicament. Some of the boffins at the IDF are in dire need of some mental health support, not in the way that they are unbalanced, they actually are, as some of them are exhausted!

A side Hamas and Hezbollah might be hoping for at present, you see when the really good ones are too tired mistakes are made and those mistakes will be exploited. And these exploitation might be on an additional side too. You see, as ABC reported “Israel has received hundreds of millions of dollars in US funding for the three missile defence systems, whose private contractors include Boeing Co, Raytheon, and Elbit Systems“, what happens when its main conductor is no longer creating the symphony? What will that mean for the product at large? We might focus on Iron dome, but the stretch goes a lot further than this. Consider places like Ashot Ashkelon Industries Ltd. People like Haim Defrin and Julian Cohen, unlike the board with people like Avi Felder, Yoram Shechter, Yehuda Gai et al. Haim and Julian are in the thick of things. With additional military pressures and of course the responsibility to get the highest quality, they are under constant need (read: pressure) to deliver, when were they taken aside, to unwind, educate them on common cyber sense and when were their stress levels reduced? Not to mention their parent company IMI (Israel Military Industries). For every organisation, there tends to be an In Bitching Mode overall whining umbrella corporation, nes paz?

So in that light, it is not entirely impossible that Udi Adam and Avi Felder at IMI could be facing dilemmas of a similar kind within their infrastructure, the question becomes, is it happening, is it containable and unlike the step made now by sacking Yair Ramati, can a solution be found to reinvigorate the soul of the loyal population that has been pushed and pushed again and again?

You see, some might see the transgression by Yair Ramati as a part of legal and security (not debating that), but we all forget that Common Cyber Sense is equally Operations, Strategy and HR. HR has a much bigger role to play, because if this is stress and burnout, than it is clear in my view that HR failed the people who have been loyal to their infrastructure, success all the time is an illusion, a person will fail to some extent, the issue is to make sure that the damage is averted. I cannot state whether this was an option for Yair Ramati due to the size of the transgression, but certain questions are asked to the lesser extent. It is the Guardian quote “The former director of the Israeli atomic energy commission, Uzi Eilam, told Israel Radio he had known Ramati for 30 years and found the news hard to believe“, in a place like Israel, when a person with 3 decades of knowledge has an issue, my view is that the dismissal might not be an overreaction, but the issues leading to this are a lot more important than we realise and another set of proper investigations (by the right people) is an essential next step.

Ignorance is not an option and the question becomes was that ignorance just in the court of Yair Ramati, or had that ball been dropped by his superiors in another field at an earlier stage?

It is not a question I can answer with the information I have, but there are enough indicators to ask that question out loud, now it is up to the right people over there to ask a similar question and it is up to them to do some proper investigations.

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Tagged as ABC, Ashot Ashkelon Industries Ltd, Avi Felder, Boeing Co, Elbit Systems, General Udi Adam, Haim Defrin, IDF, IMI, Iron Dome, Israel, Israel Military Industries, Julian Cohen, Raytheon, the Guardian, Udi Adam, Uzi Eilam, Yair Ramati, Yehuda Gai, Yoram Shechter

December 24, 2015 · 09:33

Where the insane runs the asylum

The Guardian had an unsettling article yesterday (at http://www.theguardian.com/politics/2015/dec/22/david-cameron-us-america-refuses-british-muslim-family-disneyland). Now we all know that US protocol is not completely up to scrap. It gets enforced by people and certain systems are updated by people, so things will go bump into the night. For a family of 11, trying to get their Christmas dream in play, that fact must be overwhelmingly unsettling. You see, they were refused to get to the US. The issue “a family party of 11, about to embark on a dream holiday for which they had saved for months, were approached by officials from US homeland security as they queued in the departure lounge and told their authorisation to travel had been cancelled, without further explanation“.

On the one side… No scrap that!

There are two sides, either there is a genuine issue and in that case DHS would have had to have updated the British security services. If that is not the case than we have a first case of evidence that the DHS data systems are now so garbled it can no longer distinguish between friend or foe, which is another matter entirely.

So “Stella Creasy, the Labour MP for Walthamstow, has written to the prime minister she is concerned that a growing number of British Muslims are saying they have had similar experiences of being barred from the US without being told the reasons for the exclusion“, this is indeed an issue.

Friedrich Nietzsche: A casual stroll through the lunatic asylum shows that faith does not prove anything

First we must acknowledge that the US has not given a reason, so we are merely speculating, yet why avoid tourist income? Well, the Canadian Star had reported on a similar issue in March 2015, here we see the following quote: “United States Customs and Border Protection refused to comment on the Al-Rawi incident, but said travellers are responsible for proving their innocence“, so a tourist is regarded as guilty until proven innocent? How does that relate to the Law that is unless the Supreme Court states that presumption of innocence does not apply to tourists and Muslims and that should be a barrel of fun for everyone all over!

From my side, I always tend to keep an open mind, but here I have too many questions. refusal means flags, flags means data, that data should be shared with British Security services, if not, then why are we allies with America? Because they are so powerful? They remain utterly bankrupt in my eyes, the fact that they buckled a few times and the fact that the press is now looking at Russia as the possible salvation for the Syrian situation should be ample signs that America has outlasted their power base. The fact that the Canadian example involves a physician from Toronto General Hospital gives way to even more questions as this was not some plumber with a small business, it was a doctor with a position and a solid foundation for the future of his family, the idea that he wants to throw that away for an uncertain live in a nation now ruled by bigotry is not really that reliable a source, is it? I would choose live in any town in Canada over any city in the US any day of the week, but that’s just me!

Havelock Ellis: The place where optimism most flourishes is the lunatic asylum

“The MP, having “hit a brick wall” in her own attempts to get answers from the American embassy, has asked the prime minister to press US officials for an explanation for the Mahmood family’s exclusion“, which is interesting, the fact that an elected official is not receiving any answers leans towards the fact that the issue is not founded and that the lack of foundation implies unreliable data.

You see, an individual might not get an answer, an elected official (in this case Labour MP Stella Creasy, would have had access to a higher echelon of staff, meaning the answer ‘security flag’ could have been received. It will then be up to the British Security Services to resolve this (or investigate this). At which point the mere notice “We apologise, yet information has been obtained that regards you and your family a possible risk“. Now that might not be nice to hear, but that also means there is something to work from. As British Security Services are on average 300% more efficient than the US alphabet teams, more info would have been begotten. In my mind the question now becomes, if US data is unreliable, how come, who has been filling up that part of the system? The old ‘Garbage in Garbage out’ applies, even to today’s systems (even a little more when you see some of the assumptionary techniques Palantir Government allows to use). That last part needs a little explanation, actually Palantir has a good handle on it. You should read ‘THE POKÉMON PROBLEM: A NEW ANTI-PATTERN‘ (at https://www.palantir.com/2009/03/the-pokemon-problem/). As I see it (read: assumption), some analysts have been rehashing data, iteration upon iteration. So as such, some given elements will become the anchor while it should be nothing more than a passing event that is linked to an ACTUAL anchor. You see the article has ‘the’ solution with ‘the visitor pattern‘, yet consider, when someone makes these files, using temp files (as any analyst will do), now consider that those temp files are not properly managed and over a set of iterations that value was saved in the file for speed reasons. So the end of that article reads: “We now have easy re-factoring, no resource leaks, and have simplified calling code. And finally: there are no new bugs to be introduced by callers that aren’t sure how to use our resource. Looks like we caught ‘em all!”

True, there were no resource leaks, they were possibly written in a temporary variable by an analyst and not correctly wiped when needed. In this instance groups of people are wrongly classified, more irritating is that it could also clear people who should not have been. This solution is nothing more than an indication on how easily a mere flag can go wrong. The US manages bulk data on a massive scale on a daily basis, so one mistake is not an assumption, it is a guarantee, a system drained, stretched and under resourced is leaving a mark, now on people in different ways, a massive problem for the US government no matter how you slice it.

James L. Petigru: South Carolina is too small for a republic and too large for an insane asylum

The quote “Mahmood said neither he nor his brother, Mohammad Zahid Mahmood, had ever been in trouble with the police. They have been told by the airline they were to travel with that the £9,000 cost of their flights, for which they had been saving for many months, will not be refunded” gives way to even more issues. Not only were they deprived of status, they are deprived of funds. At which point we could see either an immediate refund, or if not given an overhaul of the US tourist industry. You see, the US would be required to give mandatory answers before the flight is paid for, that means that any interest in travelling to the US must be met with clearance, so not the 25,000 travelers, no the 354,000 interested parties must be vetted, which means that the DHS would run out of resources almost instantly, implying that they become useless even before they are needed. In addition, it also seems that they have a brother in Southern California. Perhaps there is an issue with data there (too)?

So how does this sit with the Prime Minister?

A Downing Street spokeswoman said Cameron would consider the issues raised in Creasy’s letter and respond in due course, which is of course fair enough, immediate response would not possible without all the facts and the US Embassy does not seem to be given any.

From the view I have, I don’t have one perse! You see data is at the core of this, but beyond the core there is the policy and the policy in play has been broken for some time now, the issue is that even in a broken policy, or should I say especially in a broken policy things will go wrong and the wrong people are labelled, it happens and for this family that is unfortunate, yet in all this the equal stress is that those who should be labelled are not, because that is a reality the US might not be properly investigating, mainly because it can’t, the data could realistically have become that cross contaminated.

How much value should you hold to my view?

Oscar Levant: There’s a fine line between genius and insanity. I have erased this line

My knowledge of data got me partially here, my knowledge/experience part of that way, you see on one side you do not go lightly with such rejections, not even the US, so we should expect smoke, but the two examples shows clear questionable issues and I do not believe that this is only two instances, the real amount will be much larger, especially when we consider the UK, Canada, France and a few others. So how to use a data system where the data is no longer reliable? Because that is the question that is currently in question. If it turns out to be mere policy than the US will be in more problem than they realise because discrimination of that magnitude will not go unanswered for long.

So can this still be a mere security issue?

Yes, that remains possible but in that case another response should have been voiced by more than one party, no matter what, the cancellation of funds in excess of £9,000 will be another topic still, because the cancellation was not due to any fault of the travelling party, which is an issue the UK Watchdog should address and they should address it very soon.

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Tagged as Al-Rawi, British Security Services, Canadian Star, David Cameron, Friedrich Nietzsche, Havelock Ellis, James L. Petigru, Mohammad Zahid Mahmood, Oscar Levant, Palantir, Stella Creasy, Stella Creasy MP, the Guardian, Toronto General Hospital, UK Watchdog, Walthamstow

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