Category Archives: Law

October 4, 2015 · 12:00

CISA and Privacy are not opposites

There is a view that many hold, this view is not educated. A view which was given to us from the moment we spawned as a living person. Some got this knowledge as they went to their church or temple. They were told about good and evil. When we started to go to school we got to learn about order and chaos. This last one matters, you see, the opposite that order and chaos represent has been used in books, in videogames, in TV shows and in movies. In the Avengers movie ‘Age of Ultron’, near the end of the film we hear a quote from Vision, played by Paul Bettany that matters: “Humans are odd. They think order and chaos are somehow opposites“.

You might not realise it but the gem that we have here is in the foundations of many issues that have been plaguing us in several ways. Let’s take a look at this in two parts. The first is a Guardian article (at http://www.theguardian.com/world/2015/oct/01/blackphone-release-data-protection-privacy-surveillance) called ‘Blackphone: privacy-obsessed smartphone aims to broaden its appeal‘. The very first paragraph is a quote that shows issues on more than one side “Privacy company Silent Circle has released a second version of its signature handheld, a smartphone designed to quell the data scraping and web tracking that’s become such an integral part of the digital economy in the last few years (and whose results might well end up with the NSA, if the Cybersecurity Information Sharing Act passes)“, now I have no issue with the data scraping part and for the most the term ‘whose results might well end up with the NSA’ is less of an issue, but the overall taste is about privacy, I have no issue with this. The next quote is an interesting one, which will matter soon enough “In the beginning, Janke said, the Blackphone project was just a way for people working for his security firm SOC, since sold, to call home without having their communications intercepted“.

You see, there is no issue with the message shown here, but what is linked to all this is the message that is not shown here. You see, this device should now be regarded as the most excellent tool for hedge funds managers, organised crimes and all other kinds of non-mentioned criminals, who will now get to do with ease and freedom the things they had to steeplechase around the block for. This device will allow financial advisors to take certain steps that they were too scared to do, all out of fear of getting caught. This device will be opening doors.

There is no issue with the approach Janke had, he was submerged (read: drowning) in a world where any slip up could mean the death of him, his comrades and perhaps even his family. So his need for security was a given. There is a need for such a device. I have written about the need for this device as early as 2009, so the fact that someone picks this up is not a surprise, so why are we looking at this?

You see, it is the mention of CISA that is part of all this. CISA or better stated the Cybersecurity Information Sharing Act is sponsored by Republican Senator Richard Burr (North-Carolina). Why would anyone oppose ‘the bill makes it easier for companies to share cyber threat information with the government‘? Let’s be clear this is about dealing with Cyber Threats!

So what is a Cyber Threat? A Cyber threat is defined as ‘a malicious attempt to damage or disrupt a computer network or system‘, so we have the fact that this is about malicious attempts! So why would there be an issue? Well, there is because people and as it seems to be especially criminals, terrorists and Organised Crime seem to be allowed a lot more privacy than their victims, so in all this I see little issues pop up all over the place. This sounds all emotional, but what does the official text state? Well, the complete text is at https://www.congress.gov/bill/114th-congress/senate-bill/754, so let’s take a look at some parts.

“Permits state, tribal, or local agencies to use shared indicators (with the consent of the entity sharing the indicators) to prevent, investigate, or prosecute offenses relating to: (1) an imminent threat of death, serious bodily harm, or serious economic harm, including a terrorist act or a use of a weapon of mass destruction; or (2) crimes involving serious violent felonies, fraud and identity theft, espionage and censorship, or trade secrets“, How can we be opposed to this? Is this not the foundation of growing fair play?

Well, that is partially the question. You see, the issue is in part the language. Consider this paraphrase which remains correct in light of the previous statement: “Permits local agencies to use shared indicators (with the consent of the entity sharing the indicators) to prosecute offenses relating to serious economic harm“. Which is now the floodlight of all this.

Now we get to the second part in all this, which is offenses relating to serious economic harm. Serious economic harm tends to be seen as pure economic loss, but it is not limited to that. For this we can look at the element ‘Loss of production suffered by an enterprise whose electricity supply is interrupted by a contractor excavating a public utility‘, which we see in Spartan Steel & Alloys Ltd v Martin & Co (Contractors) Ltd. In here the legislatively famous Lord Denning raised the issue of ‘Duty to mitigate loss’. Yet today, in the world of data and digital media, how can we measure that element? Let me show this through an exaggerated fictive example.

Microsoft raises the issue that as they required an investigation into acts that are causing serious economic harm to Microsoft. Unique software has been released that directly negatively impacts they trademarked business. The CISA could now be in effect to investigate data and data sources, but who minds that store? Who has that knowledge? Now consider that the person investigated would be Markus Persson, because his program ‘Minecraft’ is now stopping all people who are part of the Microsoft Gaming brand to continue.

So who will make that call? You might think that this is a ludicrous example, but is that so? Microsoft ended up paying more than 2 billion for it, so someone implying ‘Serious Economic Harm’ is not that far-fetched. This now becomes an issue for a timeline. What timeline is in effect here? With an imminent threat of death this is a simple matter, with serious economic harm that matter is far from simple, moreover will the claim be valid? I used the ludicrous Minecraft and Microsoft Games brand. Yet what happens when this is a lot more ‘grey’, what happens when this is Raytheon versus the Belgium based TTN Verhaert? A Technology Transfer Network (TTN) that has innovated the latest classified satellite navigation systems. Is it still a clear call as to what constitutes serious economic harm?

This act opens up a can of intellectual property, the one can everyone wants to swim in and the elected official channels do not even have a fraction of the minimum required insight to make such a call.

Section 9 gives us “Directs the DNI to report to Congress regarding cybersecurity threats, including cyber-attacks, theft, and data breaches. Requires such report to include: (1) an assessment of current U.S. intelligence sharing and cooperation relationships with other countries regarding cybersecurity threats to the U.S. national security interests, economy, and intellectual property; (2) a list of countries and non-state actors that are primary threats; (3) a description of the U.S. government’s response and prevention capabilities; and (4) an assessment of additional technologies that would enhance U.S. capabilities, including private sector technologies that could be rapidly fielded to assist the intelligence community”

When we consider both A and B, we should look at ‘U.S. SEC drops Onyx insider trading lawsuit against Dubai men’ (at http://finance.yahoo.com/news/u-sec-drops-onyx-insider-230111643.html) from September 15^th. The quote here is “Smith said the Newman decision was ‘helpful,’ but that the SEC ‘never had a tipper’ or evidence that his clients received inside information”, one would think that this is where CISA could now step in. Alas, apart from the side that is implied by the CISA text: ‘assessment of additional technologies that would enhance U.S. capabilities, including private sector technologies that could be rapidly fielded to assist the intelligence community’, which according to Blackphone is not an option, we now see that this opens a door to ‘patsy management’ on how two unsecured parties, could be set-up through the use of Blackphone through encrypted conversations and when the two unsecured parties talk, they could be setting each other up thanks to the other two parties that were using a Blackphone. Blackphone here has no blame whatsoever, they would be offering the one part criminals desperately want, a secured phone. This now sets a dangerous precedence, not a legal one, because Blackphone is behaving itself as it should, the provider of secure communications, it is what people do with it that matters that part cannot be guaranteed by the Cybersecurity Information Sharing Act. In addition, S. 754 has one additional flaw. That flaw is seen in the definitions, where we see that the earlier mentioned definition ‘serious economic harm’ is not specified in the definitions at all, so what definition applies?

Beyond that, we see the definition of a cybersecurity threat. In here it is important to take a look at part A and part B.

part a gives us: “IN GENERAL.—Except as provided in subparagraph (B), the term “cybersecurity threat” means an action, not protected by the First Amendment to the Constitution of the United States, on or through an information system that may result in an unauthorized effort to adversely impact the security, availability, confidentiality, or integrity of an information system or information that is stored on, processed by, or transiting an information system” and part B gives us “EXCLUSION.—The term “cybersecurity threat” does not include any action that solely involves a violation of a consumer term of service or a consumer licensing agreement“, which sounds nice, yet how does it help stem cybersecurity threats?

You see, when you consider the letter send by UCLA to Chairman Dianne Feinstein in June last year, we see: “CISA’s inadequate use limitations risk turning the bill into a backdoor for warrantless use of information the government receives for investigations and prosecutions of crimes unrelated to cybersecurity“, which could be regarded as the biggest failure, but it is not, it is the part we see in “CISA requires that cyber threat indicators shared from the private sector with the Department of Homeland Security (DHS) be immediately disseminated to the Department of Defense, which includes the NSA and U.S. Cyber Command. This new flow of private communications information to NSA is deeply troubling given the past year’s revelations of overbroad NSA surveillance“. It is the ‘be immediately disseminated to the Department of Defense’ that comes into play now. When we consider ‘Overbroad Liability Protection‘, which can now hide by giving that function to an intern so that “good faith” reliance remains is a potential risk that could be pushed by big business to hide behind the ‘dope’ who acts in ‘good faith’.

Is that truly the blackness we face? Well, that is hard to say, the fact that this act relies on ambiguity and is lacking certain rules of restraint, or at least certain safeguards so that data cannot leave the intelligence office is reasons enough to have a few more discussions on this topic. What is interesting is that CISA would create a fear, which Black phone addresses, yet in similar method other players will now receive an option allowing them to play large dangerous games whilst not becoming accountable, that new Blackphone could address several issues the shady commercial interest guy is very happy to exploit.

The question becomes, how does any of this make us any safer?

So now we get back to the Age of Ultron line. As we see that crime is becoming an orderly event, the fact that we tend to hide in chaos the issues that should be open for all is part of the dilemma we now face. Again we are confronted with laws that remain inadequate to deal with the issues that needed to be dealt with. CISA takes in my view a chaotic approach to keep a level of order that was delusional from the very start, from missing definitions to application of methodology. It is a cog not linked to any machine, proclaiming soon to be of use to all machines and in the end, as I see it will only hinder progress on many levels, mainly because it tries to circumvent the accountability of some. And this is not just an American issue. In that regard laws and the protection of the victims have been an issue for a longer time. We only need to look to the Tesco grocery store on the corner to comprehend that part of the equation.

1 Comment

Filed under IT, Law, Military, Politics, Science

Tagged as Blackphone, Chairman Dianne Feinstein, CISA, Cybersecurity Information Sharing Act, Department of Homeland Security, DHS, Dianne Feinstein, DNI, Lord Denning, Markus Persson, Microsoft, Mike Janke, NSA, Onyx insider trading lawsuit, Paul Bettany, Raytheon, S.754, SEC, Senator Richard Burr, Silent Circle, Spartan Steel & Alloys Ltd v Martin & Co (Contractors) Ltd, Technology Transfer Network, Tesco, TTN, UCLA, US Congress, Verhaert

October 2, 2015 · 22:33

How to blame an inanimate object.

Something happened in Oregon. For many it will be horrific, to some it has no impact, to others it has an emotional impact. The news at CNN (at https://www.youtube.com/watch?v=yrYkblNgs_U) is all about the breaking news. For Umpqua Community College it will be a dark page in their history. The news is giving all levels of speculation, they are not doing it in an irresponsible way, because they are factors to be considered, but the news diverts on several occasions towards ‘other speculated’ events and dangers. It stopped being news after 20 seconds. It was all about (as I see it) on prolonging the event. Moving from breaking news snippet to breaking news snippet. We can argue on the value here, but there is no issue with that approach, it is a choice. In the case of John F. Kennedy Jr, when on July 16, 1999 his plane crashed into the Atlantic Ocean off the coast of Martha’s Vineyard, Massachusetts the issue was different. For 45 minutes we saw a sailor on the back of a deck. Nearly every newscast (CNN, Fox, CNBC et al) were all zooming in on that same sailor whilst I was at Dulles Airport waiting for my flight. Now that constitutes the pinnacle of bad newscasts, this is not, but there is an issue. You see, as emotions rise in that instance, we all were confronted with 10 dead, 20 wounded and the initial shooter has been apprehended. Something I could have stated in under a minute. Yet, it is not about this newscast, what happened afterwards becomes the issue. An interesting side is shown at EpicTimes.com by Jon Justice (at http://www.epictimes.com/jonjustice/2015/10/ucc-mass-shooting-blaming-the-gun-has-begun/).

This is not the first event and it will not be the last event either. The quote ‘Jon was frustrated to see so many people on social networks blame the NRA and call for more gun control‘ starts it of nicely. You see, guns do not kill people. People kill people. In addition we see the quote: “We need to get over this idea that you can put up a “Gun Free Zone” sign and it will stop the violence”, which is more than just bringing it to a point.

His podcast (also in the webpage) is emotional and seems to strike out to people trying to score political points towards gun at the expense of 13 cadavers. Yes, this sounds extremely crude, which it is. People ignore again and again that the gun culture is not the killing factor, the killing comes from criminals and monsters who seem to score names by going after children. Changes are needed and gun control has never and will never be the solution. You see, when guns fall away, we get blunt objects, knives and other devices that can end lives. Jon Justice starts to blame social media and 20 hours news a day. Jon Justice brings up a very interesting side. Social media and the option of notoriety is a growing concern, in all this guns are not even close to the largest dangers. Should we globally ban Facebook? In 2013 32,719 people died in a car accident. So, why is there no car control, you see nearly all the involved players had a driver’s license? Why are people not banned from cars FOR LIFE? In addition Jon brings up the discipline required for guns. Weirdly enough is that those who legally obtained a gun, some of these what people tend to call Gun Nuts, they tend to revere their gun. They take as many precautions towards gun safety and their weapon as a mother would towards their child. His speech takes a turn that people should observe. His consideration regarding 14 kills in Chicago, which has one of the strongest control laws. How many people spoke out in that regard? Those people taking a chance on political points thanks to the deceased from Umpqua Community College is appalling. Jon Justice clearly has a point.

Yet I started with the amendments. There was reasoning here. You see, the US constitution starts with the three amendments that safeguard liberties. To appease the anti-federalists personal freedoms were guaranteed in the Bill of Rights, whilst in addition limiting the government’s power. Yet, people forget that changing one is lowering the defence of all. I will go one step further, if the people lose the rights to bear arms, we should also change the first amendment where we state that the freedom of speech exists, yet after the editing the people can hold anyone liable for that what they print or speak. This should be great for Hollywood and their residents. Many people will rejoice that glamour press could be held accountable for their innuendo. They are connect because the first three rights were about the people. The first is: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances”

You see, people seem to attack the second amendment, which was one of three set towards the safeguards of liberty.

The American second Amendment states: “A well-regulated Militia, being necessary to the security of a Free State, the right of the people to keep and bear Arms, shall not be infringed“. This links to the Heritage guide to the Constitution (at http://www.heritage.org/constitution#!/amendments/1/essays/140/freedom-of-speech-and-of-the-press). The interesting quote is “The debates in the First Congress, which proposed the Bill of Rights, are brief and unilluminating. Early state constitutions generally included similar provisions, but there is no record of detailed debate about what those state provisions meant“, is that not interesting? Is the meaning and the debate regarding not one of the highest importance? The 1st Continental Congress in 1774 showed the following: “The last right we shall mention regards the freedom of the press. The importance of this consists, besides the advancement of truth, science, morality, and arts in general, in its diffusion of liberal sentiments on the administration of Government, its ready communication of thoughts between subjects, and its consequential promotion of union among them, whereby oppressive officers are shamed or intimidated into more honourable and just modes of conducting affairs” In this light, why do we not hold the press accountable? ‘The advancement of morality‘, is that not part that must be addressed? When we consider the Hacking scandal in the UK that involved the Murdoch Business, on June 3rd 2015 (at http://www.theage.com.au/comment/hacking-scandal-has-not-changed-murdoch-20150601-ghekss.html), we see the following two quotes: “New evidence … has led the Metropolitan Police to believe that this was unlikely to have been correct … the newspaper is unlikely to have been responsible for the deletion of a set of voicemails from the phone that caused her parents to have false hopes that she was alive“, which was regarding the deleted messages from Milly Dowler, which gave the parents the false hope that she was still alive. The next one was “I was taken aback when Davies told me, in a roomful of students and media buffs, that the premise of my question was wrong (and by implication, therefore, his story wasn’t). The Metropolitan Police, he said, had provided Lord Justice Leveson with a detailed report shortly after The Guardian’s correction was published. It showed there was a great deal of uncertainty about who had deleted what, and when. Naturally, Davies added, no one had reported this“, yet this remains linked to the issue that the press had been ignoring personal freedoms and blatantly hack the device of a person without consent. Yet in the end, the press did a double take on false ‘humility’ by promising to do better, an approach that was never met and blatant false allegations returned to be the norm less than 4 weeks after the end of the Leveson report considerations. So in all this, if people want control of something that is not to blame, in equal measure to ‘nurture’ a communion that seems to live on the needed premise of ‘Flight MH370 was crashed into the Indian Ocean in an apparent suicide mission‘, a statement that had no bearing as no evidence existed not at that point and no evidence existed a long time after that, even today 18 months later there still is no evidence of any kind that this was a suicide mission.

Now the second amendment: “A well-regulated Militia, being necessary to the security of a Free State, the right of the people to keep and bear Arms, shall not be infringed“, this is the kicker! The fact that it is not infringed is nothing more than the ability to bear arms. Considered the image to the left.

Do you think that this is the weapon made by or owned by anyone who is about killing people? This is a work of art, plain and simple. The issue in Umpqua Community College is not plain and simple. The news gives us that the shooter was targeting Christians.

So is this person Chris Harper Mercer a mental health case or an anti-Christian extremist. You see, the speech from President Obama seems wrong on two counts. He stated ‘we do not have sufficient common sense gun safety laws‘, how wrong was he? You see, in the first case we can claim his speech should have been ‘Obamacare failed this young man, this young man who did not get the proper care and as a result people at Umpqua Community College paid for this failing with their life‘. In the other case the speech should have been ‘America is under attack, an extremist, under the guise of religious terminal segregation decided to attack Americans and the American way of life by killing future moulders of this great nation where freedom reigns‘. No, another speech was made and the gun, ‘the inanimate object’ got blamed.

The third one has no bearing on these events, yet this one is the last one that safeguards liberties in the US. The text: “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law“, which basically gives a new view to the British expression ‘my home is my castle‘ in the US. The first is over protected, the second is shunned and prosecuted, and the third gets ignored. All facts that brought forth what was once the greatest nation on earth as well as the champion of freedom. That last part America seems to think it still is, yet when we consider the victims of Umpqua Community College. Was freedom of speech guaranteed so that one person could kill many (an act that was done not through voicing a thought or opinion) or has the right to free speech been taken away from the victims, who had a Christian and legal right to speak out regarding what they thought would be right in their lives and in their community? We will never know, because the dead do not talk.

How can we get past this?

First of all, the following part comes from the Seattle Times, which has an interesting side (at http://www.seattletimes.com/nation-world/roseburg-attack-latest-in-growing-list-of-horrific-killings/), it states: “Oregon is one of seven states, either from state legislation or court rulings, with provisions allowing the carrying of concealed weapons on public post-secondary campuses, according to the National Conference of State Legislatures. The other states are Colorado, Idaho, Kansas, Mississippi, Utah and Wisconsin.” So, there is a small side which does score points for President Obama, ‘common sense gun safety laws‘ is the issue in my view. You see, as I see it (oversimplifying issues as per usual), concealed weapons should not be allowed to anyone that is not part of the police, the military, governmental officials (members of the alphabet group) and cleared private security. It would not have made any difference today. But this fact should still be stated.

There is every option to stop the military from dropping the people who stood by them and let those getting close to retirement to become part of an education location security team, a group of people that is armed and is there to keep the students safe. They remain semi-military staff and are as such accountable for events, but I feel certain that whatever person, for whatever reason thinks that he will become famous, that person is a lot more likely to be the diminished towards a mere by-line ‘today an individual entered a campus armed with concealed weapons. Military protection was on site and none of the students became victim of this attack. The carcass of the transgressor will be disposed of shortly; his identity no longer matters‘. How long until these people regard a school not to be a target? How long until we acknowledge that anyone with a mental condition should not be allowed a firearm license? Will that stop the transgressor? No, that is extremely unlikely, but the presence of trained personnel on educational grounds will make it extremely certain that the loss of innocent victims will remain as low as possible. Consider the Columbine Massacre. April 20, 1999 from 11:19 a.m. until 12:08 p.m. An event where for almost an hour two people had access to a ‘shooting gallery’ causing the death of 12 people and wounding 21. Now consider another event. On 15 April 1912 a British Dinghy was lost at sea. It was called the Titanic (you may have heard of it). In 1914 the International Convention for the Safety of Life at Sea (SOLAS) became in effect, a convention that is still in effect today. So, if sailors can get something this lasting done, how come that proper security in US schools is still not achieved 186 months after Columbine? The combined wars of the American Revolutionary War and the Northwest Indian War took less time to settle. The two costed the lives of 8044 in battle, since 1980 it is rumoured that only 297 people were killed, so perhaps if we get a few more casualties (like 8044 minus 297) things will actually change, as long as those pushing for change realise that blaming guns and trying to force gun control will never ever be a solution. The Titanic lost 1500 lives a number that outside a war would never have been fathomable in those days, so perhaps more deaths will push the American administration into action. I am however reluctant to consider that they show any wisdom in that regard. Guns and politicians react like a bull and a bright coloured blanket, with no option for any amount of fence. What people might forget is that the US military is cutting 40,000 troops (not of their own accord I imagine). Many of those now need to find jobs, which means that new pressures are about to hit the US job market, did no one consider the fact that many of these are exquisitely trained in keeping people safe? Is it such a jump to enlist these people within the Justice department as educational security (to avoid issues with the 1978 Posse Comitatus Act)?

In the end there is a case to be made that 40,000 departures are arranged because the US is so broke that it has exhausted all options and hiring these people in other capacities is no longer an option. Which is the consideration one gets at minus 18 trillion, so how has this administration as well as the previous Republican one done anything to keep places of education truly safe?

I’ll let you ponder these facts, but when you do, consider the words of Bill O’Reilly (at http://video.foxnews.com/v/4524976308001/the-mass-murder-in-oregon-/?intcmp=hpvid1#sp=show-clips), the fact that again there is a link to social media and the fact that the ‘claim’ was placed before the event took place. In my personal view an anti-Christian extremist would not have given ‘warning’, making this a ‘some form of mental health case’. There are unknowns and there are speculations. The statement that people were killed based on religion was made by someone who was in the classroom where it happened seems to be acceptable enough as quality reporters have gone with that fact.

So where is any solution to be found? Gun control will not lead to any solution (in the US) and amending the laws and regulations are equally pointless against transgressors like this.

Leave a comment

Filed under Law, Media, Military, Politics

Tagged as 1978 Posse Comitatus Act, 1st Continental Congress in 1774, American Revolutionary War, Bill O'Reilly, Chris Harper Mercer, CNBC, CNN, Dulles Airport, Educational Security, EpicTimes.com, First Amendment, Fox, John F. Kennedy Jr, Jon Justice, Justice Department, Leveson, Lord Justice Leveson, Milly Dowler, Northwest Indian War, President Obama, Seattle Times, second Amendment, the Columbine Massacre, the Guardian, Third Amendment, Titanic, Umpqua Community College, www.heritage.org

September 27, 2015 · 22:22

The danger the UN brings

Yes, the UN has been active, the news in several places including the Netherlands shows a sight that many might not grasp. As one of the sources US News reports ‘UN summit approves 15-year blueprint to eradicate extreme poverty and combat climate change‘, of course many are now cheering on how lives will become better. Will they?

193 countries agreed on this. Like the millennium plans. Not all targets were met, but as some state (like Dutch NOS News), there is progress. The news stated on how poverty got halved. Here I wonder on what grounds that evidence is brought, where the data is. I am not stating it is incorrect, I am stating that poverty shifted and several nations are playing possum on those numbers. Has anyone considered the US numbers on how many people are living below the poverty line? How many need double jobs just to make ends meet? How is that not poverty in its own right? Now they are stating on how businesses need to get involved, moving from charitable to profitable (quote Dutch Prime Minister Rutten).

Here is the danger! You see we have ample evidence on many levels that the bulk of business will not make these jumps unless there is a benefit to them. Like tax breaks, like non-accountability. So as these new plans needs funding, funding many nations no longer have, how much additional taxation will get lost and how will that impact the lives of you and me all?

Is that not a valid question? The Dutch king might be very committed, yet funds are not there. Critics are already in disagreement. The overall lack of environmental improvements have been overly visible for a long time, getting it in an UN speech is unlikely to make change here. Which is just my personal view.

The quote from the prime minister is also very tainting. “These problems are too large for a government to tackle, we need corporations to step in“. This is perhaps the first clear statement from a leading EEC member that governments can no longer hack it. This is what I have stated for a long time. The law stayed its hand and as such the treasuries remain non protected and non-accountability with improper wasting of resources have given weight to a now faltering group of governments. Yet, corporations have to rise to the occasion, to which I ask: ‘At what price?‘

Feel of course free to disagree, yet in 8 years, see how goals are not being met, not even close and then listen to the carefully phrased excuses people will give regarding not making the targets. The US News article has one quote that needs to be regarded: “Supporters say there is no choice but to go big in a world of expanding population, growing inequality, dwindling resources and the existential threat from global warming“. It is the ‘dwindling resources’ that is at the heart of many issues. We allow the exploitative and imbalanced Wal-Mart to continue, yet we all realise that resources are an issue. In all this that same Wal-Mart will be asked to give support so that they can get a free pass. Does this make the entire UN operation a new chapter in its recognition as a paper tiger?

You only need to look at the Syrian issue to see how the UN is largely ignored. Now we get another ‘issue’, not with the speaker, she is as I see it in all this part of the UN PowerPoint. The quote ““Promise peace to all children in Pakistan, in India, in Syria and in every corner of the world,” Malala implored the leaders“, it sounds nice, it makes for good TV, but there is no realism here. Syria has its issues where the life of a child is conceptual at best. The Indian government has close to no options at all to deal with its child labour issues, the same situation exists in Pakistan. Both nations where the realistic view is to either work or starve. The combined child labour population of Pakistan and Indian exceeds the total population of either Australia or Sri Lanka. That is how unrealistic the issues are. Again, I have nothing against Malala, she overcame more hardship than most of us will encounter in a lifetime, but those in the UN should know better and adding her to this presentation is good for Malala and I wish her every positivity as well as the fact that we should not be silent on these issues, but the delegates of the UN should know a lot better, this issue is one that will not be met.

Another shifted view comes from Egyptian President Abdel-Fattah el-Sissi who said that “the international community has to deal with global challenges that hinder development“. The quote “Egypt has been fighting an insurgency by Sinai militants allied to the Islamic State group. At the same time, security forces have cracked down on Egypt’s Muslim Brotherhood and other Islamists“, as well as “El-Sissi also expressed concern that “the tools” to achieve the goals are insufficient, and stressed that richer nations have a responsibility to help poorer ones“. This sounds not even close to nice. The direct option was to engage in a dialogue with Israel on how to deal with the Sinai, Israel is very willing to assist and find solutions here, as the pressure is also on Israel due to Sinai Extremists. No, President Abdel-Fattah el-Sissi wants the rich countries to step in. Likely also making sure that some hands are tied in all this. The last one is a speculation, yet in addition the entire MFO situation are set after certain accords, so how will these accords be impacted? The September 17^th 1978 Camp David Accords will likely see a different light over that evolving future. Is this truly a ploy to deal with the Sinai Extremists, or a played option to sway a vote to allow more Egyptian troops and military into Sinai, with all kinds of new pressures? I just set into the light three small issues that give worry to the entire 15 year blueprint. Yes, there is benefit and essential growth to eradicating extreme poverty, yet in all this it can ONLY be achieved by overhauling laws on a global level. Changes that players like Wal-Mart will never allow for, moreover, they have a sizeable lobby at their side to make sure that the fortunes of the Walton family remains guaranteed. Wal-Mart spend will over 7 million in 2013 to its lobby to make sure certain pawns were either moved, or not moved according to their needs. As the members of that family grows in fortune a billion a year, 7 million is nothing, even then times that would be a steal at twice the price, the cost of doing business and the laws of the land, the laws of most nations fall short in this regard.

Interesting that this side saw no exposure at all.

In this, the monarchist nations remain the strongest supporters, they are mostly about the nations and the global good, republics are all about the elected principle and the lobbies in the back, corporations rule there! Is it any surprise that Sweden and the Netherlands are so socially inclined? That is the impact of a monarchy reflecting on all the people and the moral and social good of the world. In similar light, how should we see the quote by India’s Prime Minister Narendra Modi in Canadian Global News, where we read: “Modi confirmed plans for a fivefold boost in renewable energy but added two years to the time frame, saying it will take seven years instead of five”, is it because of American politics and what we have seen in the past that this could be seen as a shift until after the next election and that issue will be dealt with after the elections? Will we see an offer by Narendra Modi offering the open gap NTT DoCoMo left to the next mobile player under conditions of renewable energy installations? Will that suddenly count towards the total? In all this, those installations count as a cost, which means that those players will not be saucing the treasury coffers. That is the foundation of problems several other nations must remain aware off and unless the laws are adjusted this all shows like another paper tiger, offered in consideration from a group of people who get paid very nicely on an annual base, so the next 15 years some of these players would be decently well fed. Is that my sarcasm that you read now?

I must admit that sarcasm swims within me as I have seen the faltering side of several branches in law and politics not adjusting the view required to guarantee their nation towards growth, a view that is not an option at present. In all this not enough people are looking onto the sides that long term adjustments are required to make so that any option is realistic, yet with Wal-Mart equals on other shores their game is not dissimilar to the game the Walton’s are playing in a legally correct way, in all this the law has faltered in several nations, with no view of improvements any day soon.

So the dangers the UN bring will impact economies, unless the law adjusts firm and fast that plan is not likely to be made. If you doubt my words then consider the ‘plans’ that were made in 2000, they were not met, in some cases they were met only 50%, it is called an improvement, but from that we must accept that either the plans were never realistic, which beckons the question, why accept a non-realistic plan, in the second there is the validity that progress was booked, yet at what price and in this time and in this economic age what is the realistic chance that such funds remain to be available?

As for my doubts, that part can be seen in the very end of the article (at http://globalnews.ca/news/2242584/un-summit-approves-15-year-plan-to-erase-extreme-poverty-fight-climate-change/) called ‘UN summit approves 15-year plan to erase extreme poverty, fight climate change‘, the quote is “As for finding the trillions needed to implement the goals, Microsoft co-founder and philanthropist Bill Gates said Thursday “we’d be doing very well to have anywhere near that amount of money available by 2030”“. We know Bill Gates to be one of the leading philanthropists. He has not tried to hold on to the massive wealth Microsoft brought him and he has spent a lot, yet he knows how much money this requires, something I expect the politicians involved have no realistic clue about. If Bill Gates shows signs of worry regarding the need of these trillions, how come the governments involved are not extremely outspoken regarding the massive debts they have and that no one has these level of funds. In part only corporations do and my worry is that the price of agreeing to all this will cost us a lot down the road. In addition, it is also interesting to note on how papers have the same stories, the same quotes and the same title, so is the journalistic branch now limited to do the copy and paste action? In that I set Reuters apart. The one issue they show and the other papers did not (as far as I can tell), is the article (at http://www.reuters.com/article/2015/09/26/us-un-assembly-china-idUSKCN0RQ0HW20150926), so as we accept the second quote to be “Chinese President Xi Jinping announced on Saturday that Beijing will establish an assistance fund with an initial pledge of $2 billion to help developing countries implement a sweeping global sustainable development agenda over the next 15 years“. Now if we accept the first quote to be from Bill Gates (the one stated earlier), now compare the statement just given by Chinese President Xi Jinping, controlling the second largest economy on the planet (if we accept the US numbers to be true), than 2 billion (the article states another 12 billion by China too), in light of the statement by Bill Gates “As for finding the trillions needed to implement the goals“, gives the vision that the second largest economy is contributing less than 0.7% of the required amount. So is anyone still considering the realistic view offered by the UN, a 15 year goal that is not realistic is in my view nothing more than a concept in presentations, if you are there and if the coffee was nice, the day might not be lost, but in all certainty, it is unlikely to be a true gain to anyone attending other than Malala, who as a UN envoy achieved what she had to achieve, to shed light on a situation that needs addressing, how that is done is actually on the plate of Gordon Brown who is the political side of the United Nations Special Envoy for Global Education.

In the most worrying closure, I have stated it before, would the culling of our population help? If so how can the UN exist, or even remain to continue when the required solution is to dim the lights for billions of people, a population decline in excess of 90%. This is not humane and equally unrealistic. I want to see realism in the shape and size that we the people are properly informed on what is needed, where the law will properly adjust to hold corporations accountable for steps taken and for profits made. A reality I am unlikely to see happen in my life, so what will be left to the generation that follows me?

I honestly do not know, yet in the light of what I just showed you the reader, did you consider any of the issues that I noticed and that none of the articles discussed and more important, why were these issues not raised by the involved journalists?

Leave a comment

Filed under Finance, Law, Media, Politics

Tagged as Bill Gates, Camp David Accords, Canadian Global News, Chinese President Xi Jinping, Egyptian President Abdel-Fattah el-Sissi, extreme poverty, global warming, Gordon Brown, India, Israel, Microsoft, Muslim Brotherhood, Narendra Modi, NTT DoCoMo, Pakistan, poverty line, Prime Minister Narendra Modi, Prime Minister Rutten, Sinai Extremists, United Nations Special Envoy for Global Education, US News reports, Wal-Mart

September 27, 2015 · 00:26

What news is news?

There are several pieces, not just in the Guardian, the BBC, the Independent or the Times. They all tell us that they have news, but do they have any actual news? The Guardian shows us a tech article (in the Tech section) called: ‘the node pole: inside Facebook’s Swedish hub near the Arctic Circle‘, all innocent news, one could surmise that it is just a space filler. Or was it done to give extra view to the article ‘Facebook is making more and more money from you. Should you be paid for it?‘, or perhaps to give extra light to ‘Facebook case may force European firms to change data storage practices‘, which I gave my views on in my previous blog. You decide!

In the business section we see VW to get some centre stage, which makes perfect sense and that is just the Guardian. The independent also has a go at Facebook, but now has a go at its users, well, actually it is not the Independent, but the employee tribunal. Now the article shows all kind of signs of bullying, which is never OK and in that regard Rachael Roberts has a real case, but in light of the events, Mrs Bird does not seem to be a friend of Mrs Roberts, so why is the act of unfriending on Facebook the killer? Yet it is the quote “But employment lawyer Josh Bornstein told ABC news the unfriending incident was found to be workplace bullying in the context of several other issues“, which baffles me, if they are not friends, one or the other could unfriend the other party, that part seems clear cut to me, not bullying. So out of the 18 allegations of bullying in total, the unfriending in Facebook took the cake? It does not add up to me!

In addition we see two whole articles on Facebook being down and oh yes, the new iPhone is for sale! Let’s not forget the fact that the iPhone now allows for sextracking. So, parents buy your boy or girl on of these bad boys so you can find new ways on how you are about to become a grandparent! Really? You need to keep scores on your phone now? Didn’t Ashley Maddison teach you anything regarding sex that is on the internet, everyone will know soon thereafter?

Finally they also gave visibility to ‘Hospital apologises for removing RAF sergeant from A&E because uniform could ‘upset’ patients‘, which is a can of worms in its own right. In that light I expect the NHS to move all drug and binge drink casualties to their basement as not to invoke bad thoughts from the Presbyterian community. How insane was the idea to move a wounded RAF sergeant in the first place!

All these events, some are actually news, but no one seems to have any balls. No one is looking at Pricewaterhouse Coopers. Which of course ties in nicely with the words of the Dalai Lama ‘Dalai Lama on Britain’s policy towards China: ‘Where is morality?’’, the answer might not be such a high moral one, it goes a little like “Who is willing to suck the smallest extremity for the good of one’s career?”

To some extent we can accept that the SFO is silent, only to the smallest extent. You see Tesco is dealing with a write-off of £6.4bn, which of course is massive. We have seen all the news on how some former Tesco entities are getting grilled (as they should) but the press on many levels in many nations keep on rehashing the old news and no one is digging into PwC. No one is digging there. Does that not sound awfully weird? Yet here is the kicker, we see more and more messages like ‘Multinational tax avoiders targeted’, with quotes like “while the American Chamber of Commerce in Australia warned about throwing up new hurdles in what is already a high-cost economy. The chamber’s board includes representatives from ConocoPhillips, GE, Boeing, PwC and Exxon Mobile“, yes it seems it is never a good time to go after tax avoiders (not to mention the impact it has on the bonus benefits for those working in that part of the financial branch).

Before you whisk this away as mere banter (which you are of course allowed to do), take a look at this article that is a little over a week old. It is from the Wall Street Journal, which I do not look into too often. The article (at http://blogs.wsj.com/cio/2015/09/15/the-morning-download-identity-theft-key-to-attack-on-cisco-routers/) called ‘The Morning Download: Identity Theft Key to Attack on Cisco Routers‘, starts with: “Good morning. The international attacks on Cisco Systems Inc. routers, disclosed earlier today by security firm FireEye Inc.’s Mandiant unit, began with the theft of legitimate network credentials. Securing and managing the identity of network users continues to be a massive challenge for CIOs and CISOs and ultimately, the CEO and the board. The attacks have been named ‘SYNful’ because of how the malicious software moves across routers using their syndication functions “Cisco said SYNful did not take advantage of any vulnerability in its own software. Instead it stole valid network administration credentials from organizations targeted in the attacks or by gaining physical access to their routers,” Reuters reports today. Mandiant said in a blog post that it had found 14 instances of router implants, which replace Cisco’s operating system”

Now, to complement that statement, I will add the following. On June 5^th (more than 3 months before the WSJ article), I wrote ‘In reference to the router‘ (at https://lawlordtobe.com/2015/06/05/in-reference-to-the-router/) , here I stated: “Soon thereafter no more firewall, no more routers, just the bliss of cloud servers and data, so much data!“, which reflected on the article I wrote on February 8^th (more than 7 months before the WSJ), there I wrote “I think that ‘hackers’ have created a new level (as I mentioned before). I think that Cisco IOS was invisibly patched“, (at https://lawlordtobe.com/2015/02/08/the-next-cyber-wave/). I was literally accused by some to be insane, there was no way that this would EVER happen. Now we see in the Wall Street Journal: “Mandiant said in a blog post that it had found 14 instances of router implants, which replace Cisco’s operating system“, interesting how I am now proven correct. Are the members of the Baboon family (usually found in the FBI) reconsidering their North-Korean option? Let’s face it, this took top level skills, we can (as I pointed out in the past) find those boffins in the US, UK, FR, the FSB and Chinese Intelligence, however in North Korea not that much!

The Reuters article shows a lot more (at http://www.reuters.com/article/2015/09/16/us-cybersecurity-routers-cisco-systems-idUSKCN0RF0N420150916), however, they are just rehashing something I stated for almost a year, the quote ““That feat is only able to be obtained by a handful of nation-state actors,” DeWalt said, while declining to name which countries he suspected might be behind the Cisco router attacks” adds to my view that I was correct all along (finally another ‘I told you so!’ opportunity). The only difference is, is that DeWalt includes Israel, I have no real quality data on the Israeli cyber capabilities, so I am willing to give him that one. Finally we should consider the quote “Infected hardware devices include Cisco routers 1841, 2811 and 3825“, which is fair enough, yet in my article I offer the option that the CF unit found in nearly EVERY router could also open doors, so the danger could in theory go far beyond those three routers.

I also stated that my thoughts were based on sound speculation. You might wonder what sound speculation is. Basically, it means that even as I might not have them skills to program, I do understand that my solution is viable, the fact that routers are getting programmed with a new OS is clear evidence of that. In addition, it also gives weight to two infestation systems I speculated on as well as the weakness that those believing in the cloud are not realising at present. I was willing to look beyond the veil, a side everyone ignored. Yet when a router can be reprogrammed to the extent it was, also clearly means that data in motion is no longer safe, which means that pretty much any cloud data can be gotten too, the user only has to access the file to make that happen.

I even had a thought on dealing with the Iranian glow in the dark power plants when the time is there, just by thinking out of the box. It does involve a Piranha valve (which actually already exists in name, but mine is so much cooler). None of this is newsworthy, speculative opinion one might state. Yet in my speculation, I have shown solutions to be real in several occasions and in addition to that I also clearly outlined long before the press decided to show the minimalistic amount of balls (read testicles), that a look into Pricewaterhouse Coopers was adamant. It seems that apart from a December 2014 message from the SFO (rehashed by nearly all papers) not much happened, apart from that news, the press at large stayed clear of mentioning PwC and Tesco in one sentence. Is that not utterly weird?

Of course the luggage of someone’s mum in Tenerife (shipping at £122) gets front seat exposure, yet, the issue on £6.4bn getting lost due to assistance (better stated too weak opposition) by Pricewaterhouse Coopers seems too trivial to keep pressure on. Way to go Consumer Champions, Money! I actually mean that! They did do a good job and they have done so in the past, yet I fear that a letter by Dave Lewis on how his firm lost £6.4bn as the keeper of his books was not prudent, or is that tenacious enough to ring that bell very loudly when things looked too odd. Will Consumer Champions find that money? Will they write “Pricewaterhouse Coopers must accept responsibility for the signing off on books as the “accountant”?” Consumer Champions might not get this done, which is fair enough. It should not be on their plate, but the parties this should be very visible on are also not doing anything as far as we can tell, they remain silent, they remain this silent after 9 months.

Yet in all this there is one part both the Guardian and the Independent are getting right. It is the news on the NHS, there are massive problems and knowing them all is essential in finding a solution. In this matter the press has played a good role. In my view exposing former and current politicians a little more on the political game they play, so that we all understand that a proper solution is needed and taking the politicians out of that equation might not be the worst idea, the end result stays the same, the NHS is now too close on the edge of collapse to be acceptable, yet where lies the solution? Although I understand the issue the Independent shows, I partially disagree. The headline ‘New NHS junior doctor contract would discriminate against women, senior medics warn‘ is not incorrect (at http://www.independent.co.uk/life-style/health-and-families/health-news/new-nhs-junior-doctor-contract-would-discriminate-against-women-senior-medics-warn-10516885.html), yet in all fairness, the quote “Under the new contract, trainees who decide to work part-time would see their pay increase more slowly than their colleagues” is a can of worms! Why would my co-worker doing 32 hours get the same raise as myself working 60 hours? (Remember, I am not a doctor). A choice was made! Yet, there is a level of fairness here too. Which means that to tackle it should be done in another way. Even as there is a shortage, the burnout of physicians is a known issue and making a maximum of 40 hours a week a mandatory status could be close to the only solution. Perhaps we have been too indulged, perhaps some options should only be there during the week. Perhaps the change to healthcare is essential (like hiring 40% more staff), but we also accept that at current not one government remains to afford that change (well perhaps Easter Island where there are less than 10 doctors). In the end the system has been ignored for too long. Too many politicians are on the ‘let’s get the computers up and running‘ whilst they know that staff will remains a problem for a long time.

That is news! That is what matters, but too many papers and too many news broadcasts are about the emotions and not the actual news that matters. That might be an incorrect view and a very biased view. It might be that some news is more important than other news parts, I will instantly agree, yet in all that the complete silence from pretty much all the papers regarding Tesco and some involved book keeping parties remains a mystery to me, how is that part not news? We will see more events that will not get the proper light in newspapers, both in paper as well as online, I’ll let you decide how that measurement applies to an involved party to events that started a £6.4bn downgrade.

Leave a comment

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

Tagged as ABC, Ashley Maddison, Boeing, China, Chinese Intelligence, Cisco Routers, Cisco Systems Inc, ConocoPhillips, Dalai Lama, Dave DeWalt, Exxon Mobile, Facebook, FBI, FireEye Inc, FR, GE, Iran, Josh Bornstein, Mandiant, NHS, North-Korea, Piranha valve, Pricewaterhouse Coopers, PwC, reuters, SYNful, Tesco, the FSB, the Guardian, The Independent, The Morning Download, UK, US, Wall Street Journal, WSJ

September 24, 2015 · 22:06

Imperitos idiot

This is a view I have had for a while, it is a view that I have advocated on more than one situation, yet business remains silent, deaf and as they hide in ignorance they are limiting the options they have, in the future and in an acted decimation of one’s own future. The information in the Guardian (at http://www.theguardian.com/us-news/2015/sep/23/us-intelligence-services-surveillance-privacy) shows a title ‘Facebook case may force European firms to change data storage practices‘ that questions certain elements. The quote “a court accused America’s intelligence services of conducting “mass, indiscriminate surveillance”” in the first paragraph is the act of alerting, but is that all?

The Case C‑362/14 Maximillian Schrems v Data Protection Commissioner is the calling entity here. A request for a preliminary ruling.

Let’s take a look at the elements. We see at [25] Mr Schrems lodged a complaint with the Commissioner on 25 June 2013, claiming, in essence, that the law and practices of the United States offer no real protection of the data kept in the United States against State surveillance. That was said to follow from the revelations made by Edward Snowden from May 2013 concerning the activities of the United States intelligence services, in particular those of the National Security Agency (‘the NSA’).

[35] Nevertheless, according to the High Court, the revelations made by Edward Snowden demonstrated a significant over-reach on the part of the NSA and other similar agencies. While the Foreign Intelligence Surveillance Court (‘the FISC’), which operates under the Foreign Intelligence Surveillance Act of 1978, (18) exercises supervisory jurisdiction, proceedings before that court take place in secret and are ex parte. In addition, apart from the fact that decisions relating to access to personal data are taken on the basis of United States law, citizens of the Union have no effective right to be heard on the question of the surveillance and interception of their data.

This all goes back to ‘the revelations made by Edward Snowden‘. I have forever had issues with the ‘revelations’, too many holes, too many issues that from an IT perspective are a given no no. In addition, it assumes a level of ‘openness’ within the alphabet group that does not exist. Such openness has never existed, yet the press and many others have been very willing to blindly accept the events of Edwards Snowden, yet the data was never made bare, the data is filtered and was largely ‘stamped’ as complex, as too dangerous. Yet proper analyses of the data was never made by any person that could be regarded as trustworthy. For now, to underline what comes, I will give you this quote “An intelligence operation is the process by which governments, military groups, businesses, and other organizations systematically collect and evaluate information for the purpose of discovering the capabilities and intentions of their rivals. With such information, or intelligence, an organization can both protect itself from its adversaries and exploit its adversaries’ weaknesses“, the source is not important right now, the impact will be discussed, yet before I do this I want to continue the other elements I started.

Now consider [224] where we see “In addition, the Commission expressly acknowledged at the hearing that, under Decision 2000/520, as currently applied, there is no guarantee that the right of citizens of the Union to protection of their data will be ensured. However, in the Commission’s submission, that finding is not such as to render that decision invalid. While the Commission agrees with the statement that it must act when faced with new circumstances, it maintains that it has taken appropriate and proportionate measures by entering into negotiations with the United States in order to reform the safe harbour scheme“.

Now consider the following thought by transforming the quote: ‘there is no guarantee that the right of citizens of the Union to protection of their data will be ensured‘ into ‘it will be certain that the right of citizens of the Union to protection of their data will be unsuccessful‘. The issue is that moving data will open up a massive amount of dangers, data instabilities and data security hazards. Too many players within the EEC and other places all want their fingers on the data so that they can get a foothold of power. It is THAT simple in my opinion!

All these nations wanting access to data, setting up corporations, all trying to make a quick buck whilst during political manipulating, the security of our data will be available to anyone offering 39 pieces of silver. Before you start listening to people with nice PowerPoint presentations and long winded explanations with considerable non liability asterisks on how this is so not possible consider the following events (at http://www.informationisbeautiful.net/visualizations/worlds-biggest-data-breaches-hacks/). Ashley Maddison might be the most sensual one, but also the most embarrassing. In that same light we can see 145 million records of EBay, Sony, Heartland with 130 million and that list goes on for a long time. So the last thing I want to see is our data in the hands of some ‘seemingly’ ignorant individual, whilst completely unexpectedly and totally against ‘protocol’ the data will make it into the hands of third parties. Now I go back to that other quote, which I will paraphrase: “An intelligence operation is the process by which businesses systematically collect and evaluate information for the purpose of discovering the capabilities and intentions of their rivals and exploit the weakness of its adversaries“. This is what I foresee. This is why the crying over the NSA, whilst handing over health data to parties too unprepared to properly protect that data is more than just a big farce. Now we need to look at two sources. The first is the Guardian on the 28th February 2014 (at http://www.theguardian.com/society/2014/feb/28/nhs-data-will-not-be-sold-insurance-companies-jeremy-hunt), which gives us “Health secretary to provide assurance that confidential information will not be used for commercial insurance“, now Wired three days before that reported (at http://www.wired.co.uk/news/archive/2014-02/25/insurance-companies-buy-medical-records) “Details relating to hospital admissions from 1989 to 2010 were given (for an extraction fee) to the Institute and Faculty of Actuaries. The 13 years of data covering 47 million patients were given to the professional body to help them ‘improve accuracy in pricing’ of insurance“, yet all insurance is commercial, so as data goes, it is out there and too many players want a slice of that pie. Forcing more personal data into any open direction is beyond dangerous. That part can be constructed from http://www.wsj.com/articles/more-health-care-insurers-seek-big-premium-increases-1433206078. “Blue Cross and Blue Shield of Illinois is looking to raise rates by averages of 29% or more. In Pennsylvania, Highmark Health Insurance Co. is asking for 30%, according to proposals submitted by insurers for the year ahead. Around the country, some of the main market leaders are looking for double digit increases“. What do you think in all honesty will happen when they get the option to make healthcare unaffordable to all or unaffordable to some. Data will become the compromise and that danger is a lot larger when it is in the hands of ‘other’ third parties whilst the law is unable to deal with the issues at hand. The US has some strict rules in place that barring national security cannot be broken. Now we see a push towards fields where these levels of security do not stringently exist. What do you expect will happen? And healthcare is not the biggest slice of it all, just the most visible one.

In all this there are issues on both sides, yet at the core the pushed fear for governmental access is a fake and an illusionary one and it is shouted the loudest by people who have a little too much to hide. Hiding for the sake of their ego, their acts and/or the need for continue or renewed satisfaction of greed. Yes, I agree that my view is polarised to some extent, I agree that my view has flaws, but I approach it from a clinical side, whilst the others are all hiding through the shouting and claims set behind the emotions, the push to fear.

In all this I have yet to see the cold light of evidence that the alphabet group is disserving the people. The link to movies and conspiracy theories, nearly all of those claimants with their own agenda, sometimes badly hidden. Yet, in that light, is my view not too conspiracy theory set? I ask that of myself too, because without that consideration it is just a viewpoint. It will remain a viewpoint no matter what, yet consider that when you seek ‘NSA transgressions’ you find very little acceptable news events, with this I mean events that are of a decent level of report. When we look at data transgressions from other parties, that list is growing at an almost exponential rate and the size of the transgressions seems to be increasing, shifting data all over the place is not my first idea of safety.

Is it your choice?

When you decide and it goes wrong, you only have yourself to blame and as I see it, you lose all rights to complain when (not if) it goes wrong.

The next iteration of our lifestyles that what happens over the next 2 generations will all be about data and who has control over it and who gets access to it, which is not freedom.

Leave a comment

Filed under IT, Law, Media, Politics

Tagged as Blue Cross of Illinois, Blue Shield of Illinois, EBay, Edward Snowden, EEC, Foreign Intelligence Surveillance Act of 1978, Heartland, Highmark Health Insurance Co, Institute and Faculty of Actuaries, Jeremy Hunt, Maximillian Schrems, Maximillian Schrems v Data Protection Commissioner, NSA, Sony, the Guardian, Wall Street Journal, Wired

September 22, 2015 · 22:11

In Greed we trust

In greed we trust, all others are expected to die! That is the basic setting which is now ruling the internet and it all started when the CEO of Turing Pharmaceuticals AG bought the rights to generic drug Daraprim and he subsequently raised the price by 5500%. This now creates two parts. They are:

How is this legal?
How to prevent such dangerous situations?

The initial part is not found. You see, when we look at the definition of Financial Exploitation, we get: “Financial exploitation occurs when a person misuses or takes the assets of a vulnerable adult for his/her own personal benefit. This frequently occurs without the explicit knowledge or consent of a senior or disabled adult, depriving him/her of vital financial resources for his/her personal needs” (source: National Adult Protective Services Association (NAPSA)). Most forms of protection against exploitation is against what people own. One of the most famous cases in Australia is Commercial Bank of Australia v Amadio (1983) 151 CLR 447; [1983] HCA 14. Yet, the law regarding exploitation of something that is not owned is not clear, in certain places we see that in the Generics and Biosimilars Initiative Journal (GaBI Journal). 2012;1(3-4):146-9. The title of the PPRI conference reports gives us this with ‘The potential of generics policies: more room for exploitation’. The tactic is quite sound, if the price of normal medication cannot be lowered, than raising the price of generics is a sound strategy from the view of the greedy. The paper also gives us “Mr Richard Bergstrom, President of the European Federation of Pharmaceutical Industries and Associations stated that ‘once patents expire, prices should fall to a low, but sustainable, level’. In this panel discussion but also throughout the conference there appeared to be a common understanding that generics competition works well”. This was a view stated almost 3 years ago, which is true. However, the solutions that are addressed to a 2% or even 1% market does not seem to have too many alternatives, this is where the solutions like Daraprim and Cycloserine seem to come into play. The older small solutions that have no equal because the need is too small, now a massive option for larger profits.

When we look at Bloomberg on August 6^th, we get: “Allergan Plc’s Actavis unit got a subpoena from the U.S. Justice Department seeking information on the marketing and prices of its generic drugs, becoming the biggest company yet to draw scrutiny in the government’s widening antitrust probe of the industry. The June 25 subpoena also sought information about communications with competitors regarding the products, Allergan said Thursday in a filing. While the company didn’t supply further information and didn’t specify the competitors, rivals including Lannett Co., Endo International Plc, Par Pharmaceutical Holdings Inc. and Impax Laboratories Inc. have made similar disclosures in the past several months“, as well as “Some 10 percent of generic drugs doubled in price between July 2013 and June 2014, and half of all generic drugs rose in price, according to an analysis earlier this year of Centres for Medicare and Medicaid data cited by Senator Bernie Sanders, an independent from Vermont who’s running for president, and Representative Elijah Cummings, a Democrat from Maryland”

So as we see these events, why did Martin Shkreli make this move? An entrepreneur of his achievements does not play around. What is his game?

The ‘defence’ we see from the other side is “Shkreli said: “We need to turn a profit on the drug.” He defended the decision by telling Bloomberg News that newer versions of the drug needed to be developed and his was the first company “to really focus on this product” for decades and that such research was extremely expensive“. This goes against the statement he later makes, which was “He also promised that: “If you cannot afford the drug we will give it away for free.” Shkreli also said the drug was currently under priced” (source: http://www.theguardian.com/business/2015/sep/21/entrepreneur-defends-raise-price-daraprim-drug).

Now we have an issue with all this. Is this about the medication, or is this a first step to bleed dry health systems?

For this we must show one additional quote. It is “Shkreli’s start-up company, Turing Pharmaceuticals, acquired Daraprim in August. The drug was first developed in the 1940s and is used to treat toxoplasmosis, an infection that is not common but is particularly dangerous and can be fatal“. The question in my mind is how this existing drug is any form of treatment against the complications of AIDS? A drug that is over 60 years old, which is suddenly the foundation towards a cure? What are we not seeing? Well, that part is shown by CNBC (at http://www.cnbc.com/2015/09/21/drug-prices-big-price-increase-for-daraprim-rescinded.html). Here we see that this is the second act. The first one was “Cycloserine was acquired last month by Rodelis Therapeutics, which promptly raised the price to $10,800 for 30 capsules, from $500. But the company agreed to return the drug to its former owner, a non-profit organization affiliated with Purdue University, the organization said on Monday“, after which the price ‘stabilised’ at twice the original price. So is this about a changing approach to the increase of generic medication by 100%-300% in the end? In addition, the other CNBC quote is “However, outrage over a gigantic price increase for another drug spread into the political sphere on Monday, causing biotechnology stocks to fall broadly as investors worried about possible government action to control pharmaceutical prices. The Nasdaq Biotechnology Index fell more than 4 percent“, now this is all starting to make sense. A hedge funds manager playing the market and playing the waves of market exploitation. This is not unheard of, more important, for the most, we could argue that no illegal acts were undertaken. The Guardian stated “It is not uncommon for companies to use inventive interpretations of government regulations and loopholes in the law to corner the market for certain drugs, especially ones that were developed a long time ago and have only a limited market“, which is true, but when we considered the additional event that the Guardian ignored, give us cause for concern. I am not stating that the Guardian is trying to misinform its readers, their conclusion on one case is sound. Yet, when we see the addition that came from CNBC regarding Rodelis Therapeutics, we see another side. Here we see a side of market exploitation and Market manipulation, as far as I can tell at present in a very legal way. That we see from “Mr. Hasler said the new price was needed to stem losses”. Really? So is this about feigned losses, or is this one of many steps where drugs that treat smaller populations to grow 100%-300% in price to assure a market niche that most NHS systems (US, EEC and Commonwealth nations) are unable to fight. In this way on an international level the respected NHS versions will be placed under additional pressure. As I see it, Martin Shkreli has started Turing Pharmaceuticals AG to dig into this very profitable branch. In addition, for something this expensive, how come those rights transferred for only 55 million?

It seems to me that parts in all this remains unstated. Why?

Now in this part I am not having a go at journalists as in the past. For one, this is an evolving story, in the second part there are a few sides to all this. For one, I am speculating in what the game is here (speculating is not now, nor should it ever be regarded as factual). In addition there are sides that have not played yet. One of these sides is the law. As I personally see it, certain entrepreneurs, wealthy or not are now trying to corner the 2% treatment solutions, perhaps even the one percent group. Consider how this affects the UK. Let’s use the UK statistics. When we consider 240 million patients a year. If 2.4 million people require a drug and if that price suddenly goes up from $500 to $1000 (the Cycloserine example). This is only in the UK. Which gives them an additional 1.2 billion and this is only ONE nation, now consider the effect on the EEC as well as the US and the other Commonwealth nations, now the money becomes really handsome. Even at 0.1% it is a massive influx of money and for now all very legal. I have full faith that the law will be adjusted, yet we will see that it will be adjusted too late and some of these fast moving rascals will have made a massive additional amount of money, which is not an illegal act by the way.

This whilst I am still slaving over my issues of Infringement. That and a massive student loan will not propel me whilst some dubious hedge funds individual walks away with billions. A clever mind is half the battle!

So as this event escalates, the UK will have a new problem, because as is, the prospect stated ‘Planned NHS expenditure for 2015/16 is £116.574bn‘ is possible off by no less than 10%, the generic pharma side is only one side. I wonder what happens when these ‘entrepreneurs’ acquire the service contracts of hospitals at large, what happens when the MRI contracts are sold off to third parties? What happens when those prices go up? This is a path that Stadium Group CEO Charlie Peppiatt seems to be walking towards in a very successful way. As one third of the planet goes into ‘one foot in the grave mode’ that population will require a massive amount of support in medical terms (until they move towards their respective casket or urn). There is one side that is an issue for the other players. As I see it Martin Shkreli might be the most visible one but as I see it not the brightest (massively richer than me though), in one bash he has given visibility to a move that many wanted to keep under wraps, because out of sight, out of mind and that would have resulted in profits (loads of it). The visibility forced on the eyes of many might now result in NHS safety valves that could stop the forced squandering of funds. I wonder if my view is correct and more important will proper steps be taken sooner rather than later.

I’ll let you decide.

1 Comment

Filed under Finance, Law, Media, Science

Tagged as Allergan, bloomberg, Charlie Peppiatt, CNBC, Commercial Bank of Australia v Amadio, Commonwealth, Cycloserine, Daraprim, EEC, Endo International Plc, Generics and Biosimilars Initiative Journal, Impax Laboratories Inc, Martin Shkreli, NAPSA, Nasdaq Biotechnology Index, National Adult Protective Services Association, NHS, Par Pharmaceutical Holdings Inc, President of the European Federation of Pharmaceutical Industries and Associations, Purdue University, Representative Elijah Cummings, Richard Bergstrom, Rodelis Therapeutics, Senator Bernie Sanders, Stadium Group, the Guardian, Turing Pharmaceuticals, US

September 20, 2015 · 12:57

The Game of Patent Law

I am in a very weird place. I must admit that I have not been in the brightest of spots. I am struggling with this semester’s subject. Even now, I am still studying too. I stopped writing on notes and going over lectures because I needed a small break and because my mind has been telling me stuff I did not even realise.

You see, this all started on two parts. The first was ‘Person Skilled in the Art’. I looked at it from many sides, but I forgot, no, lets state, I did not completely comprehend the legal part in all this. You see, Wiki tells us ‘If it would have been obvious for this fictional person to come up with the invention while starting from the prior art, then the particular invention is considered not patentable’, which might not be the most academic view, but when we consider the more ‘academic’ part we get “In these fields the persons skilled in the art are not just skilled artisans. They are often trained engineers and scientists, who are well versed in the periodical literature of their subjects“. This we get from the case Sunbeam Corporation v. Morphy-Richards (Australia) Pty Ltd [1961] HCA 39; (1961) 35 ALJR 212. Here Justice Windeyer referred to this in [218] “scientific inventions, intricate mechanical arrangements, chemical processes, electrical and electronic devices and so forth”

You see, part of this is my issue (truly an issue I have). It comes in two parts. The first one is a memory from my early secondary education. We once had a discussion on Art versus conceptual art. It never made sense to me because I regarded both pieces as art. In some view we see that conceptual art focusses on the involved idea in the work takes precedence over traditional forms and material concerns. But is that true for some? Art is art no matter how you slice it. This has been in the back of my mind for a few days. At work in the last week I would listen to the soundtrack of Mass Effect whilst working on parts I was working on. I thought I was just trying to listen to music. No! My mind was kicking into high gear trying to make me see something and after this weekend, after 16 hours of re-listening to lectures and retrying to do what I could not do before, at roughly 10:18 it hit me! It was all connected, I suddenly got the gist in a scary way (because I get a first glimpse on how to solve it).

I need to get back to that ‘skilled person‘ because that is actually at the centre and it all links back to mass effect. In my view Mass Effect is one of the most brilliant pieces of work, possibly ever! The story is captivating, the graphics are amazing and the entire project is out there and I mean out there on the far horizon. Most gaming (me inclusive) always seek to look to the next challenge, the next big game. We almost forget the great games that got us here. Yet, Mass Effect always remains. My Google+ profile still has the launch party photo. In all this, the game was a breed apart.

So, how does this relate to the law?

This is part of the issue I have, especially with Justice Windeyer stating “In these fields the persons skilled in the art are not just skilled artisans. They are often trained engineers“. This has been my issue for a long time. You see almost two years ago, I wrote the concept for Elder Scrolls 6 (Restoration) and send it to Bethesda for their consideration. Not just more or an addition, no an entire new approach. In that same way I have bene able to reengineer in my mind every game I ever played. Now I am not a programmer, so making it is another issue, but my mind can see the game. Improve upon it, mould it into more, within my mind. The ability to see past the game, into the engine, the design and the story has been forever with me. Which was also the part that is stopping me. It is in essence the issue I have had with Ubisoft and Yves Guillemot regarding the dwindling of the Assassins Creed franchise. That is not even addressing the issues (read glitches and bugs) AC Unity and Far Cry 4 has been subjected to. AC Syndicate is now less than 4 weeks away and its predecessor have given a massive blow to the franchise. I saw some of these issues for a long time. Many things have been in there for 5 generations of the Creed, so if I can spot them, why can they not do so (or fix them before release for that matter)?

You see, here we get the PSA, here I get the block that Justice Windeyer (et al) bestowed upon me.

This is exactly where my problem is and yes, it is just me. I am not blaming anyone else. I never truly understood ‘Person Skilled in the art‘ (yes, it took me a while to figure that out), which means the rest became up for grabs. Yes, I comprehend the definition and I understand the premise, but when you can reengineer whatever you see, you (in this case me) tend to miss the point.

Now, in that continuation, how can one dissect “a pair of spaced apart slots in the first end portion each slot extending from an edge of the first end portion to half way across the first end portion; the slots being parallel to each other so that they and their projections define a pair of parallel axes extending across the first end portion, along the sides of the stem and across the second end portion” In case you were wondering, this is part of the description for an applied sheet of metal (I never knew my mind could project so many question marks).

Here I see myself like in Abbott Laboratories v Corbridge Group Pty Ltd (No 2) [2001] FCA 810. At [56] we see “I regard Professor Guilbault as quite unlike any person in Australia for the purposes of this case. He is, and was at the priority date, a real expert in the field. What may have been obvious to him gives no indication as to what would be obvious to the ordinary skilled but non-inventive worker, even leaving aside geographical considerations“. You see, my ego rejects that part, because I am not a professor, I never considered myself to be ‘unlike any person‘, yes I consider myself to be an expert when it comes to games, but not to the extent the case made Professor Guilbault to be in his field, which gave me the issue of not grasping the level of the skilled person.

I am catching on (even though some parts are still really hard), but I have the rest of the day and 5 evenings to catch up with what I was not grasping. I am getting there though!

It still is an issue on how to set certain things, which is why my timeline differs. All this now shifts back to the games. I spoke about Mass Effect. The first game had an issue with the drive, but when we consider the first 360 systems (some people relied on a console without a hard drive, go figure). They got to play the game. The game was also one of the first to be decently open world, so that means that certain trigger points needed to be created. Which is what we saw in Fable 2 and 3. When you realise this, you can work around them. They are of course games and not real life, so the point shifts. Yet, in all that Mass Effect had an issue with achievements it never really fixed. I ignored it (but was a little miffed to miss out on achievements I should have gotten). Mass Effect (apart from the glitches) made a game truly replayable, which makes for more joy, yet unlike Fable 2 it did not create cosmetic alternatives. In all that, who (without cheating or hint guides) knew you could get to see Tali? Mass Effect 2 went even further in all this even as the game is still mostly the same, you can replay in another role giving power to replayability. Mass Effect is one of the only series ever to pull it off to this extent. So, yes, Mass Effect had issues (and glitches), yet the overall issue people had was with the ending. I less so when you realise the story in its totality, but the last one was a little sloppy in places. I saw through all that. So am I a nagger, a person skilled in the art, or am I beyond that? I have been around since before the VIC-20, so I know my games. In all that Mass Effect 3 amazed by offering the best multi player environment I have ever participated in (still not surpassed today).

Here is the kicker where does that leave the other game designers? In the mind of many we see that good gaming might start with replication, but the visionary evolves that into innovation and offer something totally new, something we all desire to play. I think the game Evolve is almost there. It is close to what Mass Effect 3 was, which is also dependent on a great AI and even though the levels in Evolve are bigger, you are still basically in a ‘cage’ with the big nasty. In all this Ubisoft is not sitting still. Although no personal evidence at present, as far as I can tell, from what I saw their new upcoming title ‘For Honor‘ is showing to innovate multi player from what was into what others desire. This is a very good thing! Jason VandenBerghe seems to have figured out what the big players were either not comprehending, or basically were ignoring. Now I am not one for hack and slash, I am not one for melee games, but I can stare in awe at the achievement of innovative gaming. This is what we will get in 2016. Perhaps Sean Murray (No Man’s Sky) wakes up one morning and realises that keeping people in the dark is only short term acceptable, but that is a lesson he must consider by himself.

Back to the innovators. One of the considerations with a person skilled in the art is: ‘A PSA would be likely to access and search IP Australia’s patent and design databases or get someone qualified to do it for them before releasing a new design of a ladder into the marketplace even though the level of technology is relatively low‘, this could be shaped into ‘A PSA would be likely to access and search IP Australia’s patent and design databases before releasing a reengineered design of a ladder, sufficiently distinct from the original into the marketplace as an innovative patent regardless of the level of technology required‘. In my mind I wonder how much power those with the ability to reengineer can hold, those who can see and value the originals for what they are. It is a legal trap to some extent, because the patent has protection under ‘they are more similar than dissimilar’, the registrar will take that into consideration and when it does go to court it will be an issue to argue, which is why I foresaw the evolution of mobiles, not in hardware, but a mobile generic base that is not unlike a stem cell approach, the software will shape the actual device and now we have two issues. Many nations are not have or reject more often software patents. Some state “The rapid decline in software patents is a huge boon for innovation“, yet in hindsight, there is another issue. Yes, I am all for innovation and bring it on, but not unlike Assassins Creed Unity it becomes more about the now and more about the quick sale and not about the quality of aftercare. As we move from a quality product to a short term choice, how do we fare? Is your budget ready for the annual purchase of a mobile? This is linked to all this, it is not just the Person Skilled in the Art, or the Person Skilled into the reinvented art. As we move from art to conceptual art, we also move from the finality of a choice to the transient of what might not become (again that assassins game comes to mind). All these elements move us in a direction that I regard as dangerous, we move from creators to innovators. Which was always intended to be a move that evolves into true new creators. No, now we move from creators to cheap solutions, something patents were never supposed to do, the person skilled in the art is the push we did not tailor to. I am evidence of that. I could never keep up with Richard Garriot or Peter Molyneux. Even when we spoke I saw their minds moving on to really new things, not iterations of the ‘what is now’. That is what corporate greed got us. A move away from the future. Even if we consider the computer as hardware, the timeline from the 8088 to the I7 now. The processors are no longer truly new, just slightly faster. A market controlled desperate to hold on what they have and not to lose it. That is not how the 80286 came to fruition, in that Mass Effect from game 1 trough game 2 to game 3 made jumps, not mere steps. You only have to replay the first one and the second one to see the leap we got. Assassins Creed showed the same in the original and 2, what came after became steps towards iterative work, iterative work is not innovative, which is why the small indie developers must be protected, if we are to move forward we have to protect true futures instead of orchestrated options.

Here I am still deliberating Person Skilled in the art where Lord Diplock states ‘a patent specification is a unilateral statement by the patentee, in words of his own choosing, addressed to those likely to have a practical interest in the subject matter of his invention‘ and the subsequent resolution by Lord Justice of Appeal Waller ‘a man concerned with the construction of a steel lintel to whom the use of the word ‘vertical’ would indicate precision‘. Here I find the issue with both parts, the second might be overruling the first, but the protection, or at least the approach from a malicious side gives pause to vertical could imply accepted to be ‘cheaper’, for if the engine is not tuned to be finer, it will be constructed to be cheaper, life has shown us that in the iterative part, which is part of the mess we now face. In my view the law must lead but it adheres to the view of those who get to speak, which are the people who have the established base of wealth. The true innovator who moves to creation is never that, so the future is tainted by those who have, they either own those who try to push forward and they then adjust the push for maximum wealth, or they buy out those who they do not owe and again they get to control the product.

The game of Patent Law is harsh, difficult and rewarding, because Patent Law was to be a fair field and in that it still is, the world around the law has changed. I am still trying to get the materials and pass this subject, but I also wonder, what can the law do to keep the field fair? In my view, the law has addressed some parts, but the issue where innovation is too often replaced with iteration (pharmaceutical patents for example), how to address that part?

Well I am off to lunch and after that redo my parts on infringements, which would go further if I did not get stumped by texts like: “Further, because the edges at either end of the column neatly align with one another a plurality of such columns of the same height can be suitably employed on an even surface to stably support various objects including a coffee table top or barbecue plate without rocking, for example. The column structure can also be used by itself as a tree guard“.

Life might be a game, but patent Law is not the clearest of rule books to define it by.

Leave a comment

Filed under Gaming, Law, Science

Tagged as Abbott Laboratories v Corbridge Group Pty Ltd (No 2) [2001] FCA 810, Electronic Arts, For Honor, Jason VandenBerghe, Justice Windeyer, Lord Diplock, Lord Justice of Appeal, Lord Justice of Appeal Waller, Mass Effect, No man's sky, Person Skilled in the art, Peter Molyneux, Professor Guilbault, Richard Garriot, Sean Murray, Sunbeam Corporation v. Morphy-Richards (Australia) Pty Ltd [1961] HCA 39, Ubisoft

September 9, 2015 · 21:39

The cold light of logic

I have been jabbing my head whether I should write this. You see there is a witch-hunt going on and I honestly have an issue with witch-hunts. In my mind, a witch-hunt is never ever done under the light of reasoning. It is always done hiding behind and exploiting waves of emotions. All this started when a barrister called Charlotte Proudman decided to link to another barrister named Alexander Carter-Silk. The man accepted and wrote the quotes “Always interest to understant people’s skills and how we might work together“, he was delighted to connect, but the statement (given before the quote) that became the issue was “I appreciate that this is probably horrendously politically incorrect but that is a stunning picture”.

The wave of accusation that followed regarding ‘misogynistic behaviour’ regarding a Human Rights Barrister is now completely out of control. Anyone who has a chip to grind seems to go out on a free for all.

For my view? It is a stunning picture. I say that after have been a photographer for wel over 25 years. I started my photography passion in the late 70’s and seldom have I seen a photo of this level of quality. I’ll up the ante! I state here and now that you will not find 1000 photos of this quality in LinkedIn, a place with 300,000,000 registered members. I compared the photo of Charlotte Proudman to Kim Kardashian, Ariana Grande (Nickelodeon actress), Taylor Swift and Zac Efron. They are not even close to the photo result of Charlotte Proudman. Now, as a photographer the first person I blame for that is the photographer.

After that I wonder whether Charlotte Proudman (in this specific case) is overreacting. Consider the emotion you feel when I state this! I am not claiming she is, I am wondering whether she is. That remains a valid question and if you cannot consider that, then you should not judge because whatever you think you are weighing, you are definitely weighing elements you are not honestly considering, which implies the act of misjudgment

The writer stated from the beginning “this is probably horrendously politically incorrect“, in all this he mentioned the picture, not the person.

And let’s be clear, When I digged a little and found the same picture in high resolution (from her website), which it is the same pic we saw in both LinkedIn and on her Twitter account. The photo is what I regard as pristine quality, now the question the follow are mere questions. I do not know the person, I never met her and I have no idea what she is like. Yet the image shows her skin to be perfect (was it photo shopped?), her eyes have a colouring and clarity I have seldom witnessed in person. I compared them to the close ups of the eyes of Ali Larter, Mila Jovovich and Claudia Schiffer. Not the colour of the eyes, but the super sharp colouring of the eyes. All these facts do not make for the mind of Charlotte Proudman, but take these elements and now consider a very professional photo of Charlotte Proudman. Her photo stands miles above the photos of women (men too) that make a living from their looks. In all the witch-hunting waves, no seemed to have taken a rational look at what was stated by a Human Rights Barrister.

Not some lawyer or Judge in the commercial field, nope a Human Rights Barrister!

Now, we can agree that the statement was unfortunate and it was most definitely not the best statement to make, but this barrister must have been blown away by the image that was linked to the connection, I was blown away and I have been a photographer for a long time.

There is another quote (at http://www.theguardian.com/law/2015/sep/08/charlotte-proudman-alexander-carter-silk-linkedin-photo-comment-law-firms), it is “Most people post pretty unprofessional pictures on LinkedIn, my comment was aimed at the professional quality of the presentation on LinkedIn, which was unfortunately misinterpreted“. I personally agree with that part.

In her own statement “The eroticisation of women’s physical appearance“, so in that light how should we see the LinkedIn photo from a Caroline Pemberton? She is a TV presenter, a producer and her photo shows the image of an experienced model. We could go on with models like Nikki Prat and Sue Di Chio, The quality of the photo of Charlotte Proudman beats them all with miles to spare. No one took a good look at the picture and they all hid behind the emotions of text. By the way, the pictures of men (even those dependent on looks) are massively worse. Russel Crowe, Zac Efron, Richard Branson even Barack Obama. Now, I cannot vouch whether those profiles are real, yet with 8 million followers at least one real profile will be amongst them.

In all this there is a reality. “‘I am on Linked-in for business purposes, not to be approached about my physical appearance or to be objectified by sexist men“, as she herself states. There is 0% doubt that this does not happen, yet in all this, I have some serious doubts whether Mr Carter-Silk had any intention of being that kind of a person (I never met him, so I cannot vouch for that part), yet in all my years on LinkedIn those in heavy professional walks of life, most of them rely on LinkedIn and pardon the ‘unacademic’ phrase, those who rely on that part of life: “we tend to not shit where we eat”.

Meaning that people like both Alexander Carter-Silk and Charlotte Proudman both see LinkedIn as the professional portal it is. The massive witch-hunt wave I am watching unfold now seems to be about people and their own political agendas. When we see quotes like “Feminist barrister Charlotte Proudman explains why she is NOT for ‘equality’ & how Feminism is NOT about ‘equality’” (from @FeminismIsLies), we must acknowledge that the spinning is starting. In final thoughts, I must give mention to Sam Thomas (@iamsamthomas) with “Spot of advice, gents: “I appreciate this is probably horrendously politically incorrect” is never a promising opener“, he is absolutely correct! In equal measure mention must be given to Sarah Butcher (@MadameButcher) who stated “What to do when someone tells you your LinkedIn photo is ‘the most stunning they’ve ever seen“.

Both sides made mistakes one side for stating amazement the other, not for speaking up (which one should always do), but by speaking up against the one person who more likely than not had no misogynistic or sexist objective in mind. I have been wrong in the past, I will be wrong in the future, but here, I get to rely on 35 years of experience in photography and it is unlikely that I could have made that shot (but then, I was never graduated with a degree in photography.

Leave a comment

Filed under Law, Media, Politics

Tagged as Alexander Carter-Silk, Ali Larter, Ariana Grande, Barack Obama, Caroline Pemberton, Charlotte Proudman, Claudia Schiffer, Kim Kardashian, LinkedIn, Mila Jovovich, Nikki Prat, Richard Branson, Russel Crowe, Sue Di Chio, Taylor Swift, Zac Efron

September 5, 2015 · 22:37

Ronald McDonald died!

Today’s event is not from the papers, not from some newscast and not from some special operations guide. This is just me, having a few dollars in my pocket and at some point I was hungry as hell. I needed some food, desperately. So, as I was passing by McDonald’s I made the bad call to enter that place, I had passed Hungry Jacks for the simple reason that the queue looked way too long there, it was lunchtime after all. Now, Macca’s was never the cheapest of places and when we take a look at their website we see that it is all about ‘the message’, it has always been about the ‘message’, but how should we react when we see their quote: ‘Quality ingredients for quality food’. The ingredients do not mention bacon, perhaps there are no quality requirements for bacon?

When looking at their menu, the triple cheeseburgers is not even mentioned, so again, perhaps there are no quality requirements for that ‘food option’?

What brought this about? Well, as the images show, I ordered a triple cheeseburger and as I like a cheeseburger to have some bacon, I decided to add bacon to that order, added $1. Seemed a little large, but, I was hungry, so as the receipt shows, my lunch $6.50.

My lunch got served, here we have the kicker, look at the size of that….Whatever that was. Take a look, I used my middle finger, just to show how the burger is barely a finger long (honestly!) and we have to be fair and take the longest finger. So, even though it is called a triple cheeseburger with bacon, it looks like finger food, one finger squared, just one piece of finger food at $6.50.

Now let’s take a look at the reality with the last part.

Take a look at that lovely bacon, a little less than $12 a Kilogram. Yes, all that bacon, whilst the piece shown in the previous picture is likely to be no more than 25 grams, so McDonald’s has a 400% margin (roughly) on bacon (likely more as they get a much better price deal then consumers do).

Now, for the most I have no issue with shops having margins, but consider that lately, we see an army of non-McDonald’s people make claims in many places (like the Huffington post) ‘Commenting in the New York Times Kyle Smith says that those opposing the idea of the McDouble’s nutritional worth, are ignoring the fact that it is great value-for-money for customers‘ (a 2013 article). Now for some cold logic, when a company offers an addition with a margin of over 400%, the idea ‘value for money‘ is something we can ignore from day one. In addition, when se see (at http://www.forbes.com/companies/mcdonalds/), stated to have a 92 billion market cap, with the ‘achievement’ #124 in Profit, we can again throw ‘value for money‘ into the wind. You see, value for money requires something to be well under 400% profitable to be allowed that title. I have nothing against Macca’s making money, for the most I never spend money there, so if others want to buy that food, than that is just fine with me. Value for money means a sizeable (or really cheap) portion. KFC with their deals lately (last month fries for $1 and this month 24 nuggets for $10), now that is actual ‘value’, not too nutritious, but still value. A burger the size of one finger squared is not good value, that is food at a higher price than the average tapas place would offer it (I consider Tapas to be actual finger food of decent quality) which is at times at least genuinely nutritious (as far as tapas can be nutritious).

You see, these ‘junk food vendors’ are now moving into another direction. Now we see a very dangerous development when papers, not just the Huffington post, where this quote came from (at http://www.huffingtonpost.co.uk/2013/07/30/mdonalds-mcdouble-cheapest-nutritious-food-in-history_n_3675128.html) state: “Junk food costs as little as $1.76 per 1,000 calories, whereas fresh veggies and the like cost more than 10 times as much, found a 2007 University of Washington survey for the Journal of the American Dietetic Association. A 2,000-calorie day of meals would, if you stuck strictly to the good-for-you stuff, cost $36.32, said the study’s lead author, Adam Drewnowski” You see, obesity and other problems tend to be caused by junk food, not by vegetables.

Professor Adam Drenowski knows this, hence it is my personal opinion that he has been misquoted in a massively unacceptable way. In his article ‘Obesity, diets, and social inequalities’ (attached at the end) we see “As incomes drop, energy-dense foods that are nutrient poor become the best way to provide daily calories at an affordable cost. By contrast, nutrient-rich foods and high-quality diets not only cost more but are consumed by more affluent groups“, in addition there is “given economic constraints, especially among lower income groups, not all consumers have the same degree of choice when it comes to purchasing healthful fresh produce, fruit, lean meats, and fish. For many, the choice was removed long ago by economic and employment policies“, which is what is at the heart of this (source: Wiley Online Library: Drewnowski, A. (2009), Obesity, diets, and social inequalities. Nutrition Reviews, 67: S36–S39. doi: 10.1111/j.1753-4887.2009.00157.x).

You see News Corp (at http://www.news.com.au/finance/business/mcdonalds-sending-profits-to-singapore-to-dodge-497-million-in-tax-according-to-report/story-fnkgdftz-1227361248667) stated that ‘McDonald’s sending profits to Singapore to dodge $497 million in tax, according to report‘, the quote “McDonald’s uses its franchising model to generate most of its revenue through royalty payments which are then siphoned off into offshore tax subsidiaries, the majority of which it does not disclose in its annual reports” should not be a surprise, yet is McDonalds to blame? In the end business is business and if the population is unwilling to pass Maccas by, do we have a right to complain? The additional quote “McDonald’s “operates an extensive network of subsidiaries in tax havens, the majority of which it does not disclose, and is not required to disclose under SEC rules, in its annual report”“, is all about the ’emotion’ but the reality is that McDonald’s is not breaking any laws! Politicians have again and again refused to close some of these loopholes. These are acts not achieved on both sides of the political aisle, which means that none of them get to sling any mud!

Which gets us to: ““There is no excuse for governments to cut public services like health and education when they let companies like McDonald’s shift billions of dollars in taxes offshore,” Public Service International general secretary Rosa Pavanelli said in a statement“, yet Miss Pavanelli seems to skate around the issue that until GOVERNMENTS close the taxation loopholes they have, large corporations can continue their ‘business as usual’. That is the part many players have remained silent on. Australian SBS ‘the Backburner’ (Australian version of the Onion) gave us the reality in another way. They stated “International fast food chain McDonald’s has defended its poor taxation record saying that it should be exempt as it does a public good of slowly killing the population” (at http://www.sbs.com.au/comedy/article/2015/05/20/mcdonalds-ceo-we-may-not-pay-tax-least-were-killing-you). This could be truer than we bargained for, especially when we consider the paper by Professor Adam Drewnowski. Still, McDonalds has not done anything wrong, or have they? OK, they did not break any laws (at present), as far as I can tell. Yet, questions need to be asked and it is time that certain issues are dealt with. You see, as I personally see it, our time is wasted by both politicians and the press. The article from last May in the Guardian (at http://www.theguardian.com/business/2015/may/05/mcdonalds-tax-avoidance-investigation-europe) gives us the quote “The European Union competition commissioner Margrethe Vestager said on Tuesday that she was examining claims, made by trade unions, that McDonald’s paid just €16m of tax on royalties worth €3.7bn between 2009 and 2013“, and only now this is investigated? In addition we see “Heidi Barker, a spokeswoman for McDonald’s, which on Monday promised to transform itself into a more modern, progressive and transparent burger company, said: “We will decline to comment on your inquiry.”“, invoking emotion against McDonald’s, yet nowhere do we see the statement: “The European Union is investigating required changes to the European tax system so that EEC governments will receive taxation due“. That part is missing in equal measure from most of the Commonwealth nations, which beckons the question ‘Who is serving who in the end?’ and why has it taken so long and so many administrations for any government to truly address it? Questions the press at large does not seem to be asking either, just hands us ‘emotional’ editorial on how evil a food place could be.

In addition, we should address one final part. It is the statement involving former CEO Jim Skinner (2004 – 2012) “However McDonald’s CEO Jim Skinner defended Ronald McDonald by saying that he is an ambassador for good and “it’s all about choice”“, so if it is about choice and the choice of McDonald’s has become exploiting maximised profit (which is not a crime), can we accept that the ‘original’ Ronald McDonald is truly dead and will the next McDonald’s clown we see be spotted wearing a Gieves & Hawkes suit?

I’ll let you decide!

Drewnowski-2009-Nutrition_Reviews

1 Comment

Filed under Finance, Law, Media, Politics

Tagged as Adam Drewnowski, American Dietetic Association, Commonwealth, Forbes, Gieves & Hawkes, Heidi Barker, Huffington Post, Jim Skinner, KFC, Kyle Smith, Maccas, Margrethe Vestager, McDonalds, New York Times, Ronald McDonald, Rosa Pavanelli, Wiley Online Library

August 30, 2015 · 11:54

Medici decided to do Shakespear

All the world’s a stage, and all the men and women merely players; they have their exits and their entrances. This is what went through my mind when I saw ‘Phone hacking: CPS may bring corporate charges against Murdoch publisher‘ (at http://www.theguardian.com/uk-news/2015/aug/28/phone-hacking-cps-may-bring-corporate-charges-rupert-murdoch-publisher) this morning. You see, the phone hacking scandal is not new, this started in 2011, and now, 4 years later the CPS decides to get a clue (or was that gives a toss?). It matters not where they are at, the news as given seems to be the aftermath to the party someone seemed to have missed. The question becomes, who is the mad hatter? Is it the one giving the party? Perhaps that label is attached to a notion, a gimmick or even an organisation. It does not seem to be an individual. Let’s take a look at the story, you see, this is the fact of writing on the mad hatter “The Hatter explains to Alice that he and the March Hare are trapped in a never-ending tea party because, when he tried to sing for the Queen of Hearts at a celebration, she sentenced him to death for ‘murdering the time’. He escaped this fate, but Time, out of anger at his attempted to ‘murder’, has halted himself for the Hatter, keeping him and the March Hare at 6:00 pm forever“. If we paraphrase ‘murdering time’, we could get ‘wasting time’. But whose time was wasted? Is one of the players really a mad hatter? We no longer use Mercury in the fabrication of hats, but the issue remains, this article reads like it is something else entirely. I could go on with the March hare, but I think I am already getting through to you. The question becomes, who is Alice and why is she at this party?

There are two quotes, one following the other that gives way to my thoughts “The Metropolitan police handed over a file of evidence on News International – now renamed News UK – to the CPS for consideration after an investigation stretching back to 2011, when the News of the World was closed at the height of the scandal“, which gives us, why is the CPS only now taking a ‘better’ look? 4 years later, is that not odd? Then we get “We have received a full file of evidence for consideration of corporate liability charges relating to the Operation Weeting phone-hacking investigation”, which implies that the CPS and other players never looked at corporate liability charges the way it should have been looked at. This now gives us loads of questions and it should leave you with the question ‘What exactly was behind the looking glass?’ Who was looking, or better stated, who was NOT looking.

The quote “The CPS decision comes six months after the US department of justice told Murdoch’s company it would not face charges in the US” leaves the impression that the actions of the CPS have been in very bad taste, the rights of the people had been violated with impunity and only after the press at large felt the impending dangers that their time of abuse was over (due to the Levison report) did they dress up like debutantes, eager to take whatever was ‘thrusted’ into them to avoid losing ‘their’ power base. All the efforts in how they claimed that they would be worthy of self-administration, worthy to remain ‘unaccountable’. The ink had not even dried on the verdict when we got to read about the ‘suicide mission’ of Malaysia Airlines Flight 370.

Only now do we see that Murdoch’s company ‘could’ be prosecuted (that does not mean it will be successful) regarding corporate liability. I am not buying it. When we consider the subtitle ‘The Serious Fraud Office (SFO) is set to interview former Tesco chief executive Philip Clarke as part of its criminal investigation into the supermarket chain‘ (at http://economia.icaew.com/news/august-2015/sfo-questions-former-tesco-ceo), whilst the news remains massively silence regarding linked party Pricewaterhouse Coopers, we have to start asking a few very serious questions. Yet, the article also tells us: “the Financial Reporting Council launched a probe into the roles of PwC and various members of the accountancy profession involved in the preparation, approval and audit of its accounts“, we should worry if any of this will go anywhere. The entire Tesco matter was a six billion plus pound drop on the economy. Not the smallest of events, yet no serious investigations, or if there is, the press is steering clear of all this, which is another oddity entirely.

Yet 10 days ago, we see “The FCA has dropped its probe into Quindell after the Serious Fraud Office launched a criminal investigation into the business and accounting practices at the insurance technology firm” with the added “In May Quindell announced that PricewaterhouseCoopers had completed an independent review of a number of its accounting policies”, as well as “PwC also identified that some policies were not appropriate. Quindell’s own review confirmed PwC’s findings“. Are the involved players playing footsie (the use of involved is intentional, this game had more than two players), or are we seeing the start of a new dance, one where in the end, no one goes to jail and no one loses anything, other than a few slapping of the wrists.

So how does this all links? Well, it doesn’t link, they are separate entities, but the given is that we are watching several plays where pretty much all the actors will get away with murder and as the cadavers on stage are real, the people go home reflecting on how realistic it all looked, not realising that we watched games with actual casualties.

Are we facing the beginning of a new Machiavellian play here?

The quote “A source familiar with the original investigation said there could be an element of politics in the transfer of the file. “My best guess is because nobody in the police has the bottle to draw the line under this, they have just passed the buck on the CPS” gives us something to ponder. The CPS website gives us this: “The statutory role of the Crown Prosecution Service is to advise the police in certain circumstances, and to conduct criminal prosecutions. The police provide evidence and information to enable the CPS to carry out these statutory functions“, which gives us the thought ‘if it is statutory, why was this not done sooner?‘ So why did this happen after such a long time, why was the CPS not chomping at the bits on day one that there was a clear issue with the news of the world? In my view, we need to consider that there are more elements in play. Political elements. It is merely a speculation from my side. I would think that cases like Rolf Harris and Jimmy Savile prosecution elements would have learned their lesson, but that does not seem to be the case and face it, this is about money, nothing sexual sexy about it, so the press does not seem to care.

The only question becomes is this truly about going after Murdoch, or is this about tying down resources so that they do not have to go after PricewaterhouseCoopers? My side on this is purely speculative, but consider the fact that the CPS has 8000 man and the fact that the SFO would be (read should be) looking at PwC, the fact that the press steers clear of it is weird to say the least. The Tesco mess will take a long time to unravel, the fact that it is kept away from everywhere is a matter of concern to all.

That is where we are at. So there was no typo at the start, we are watching certain people wield a spear, it is thrust at certain players who will most likely survive and it seems to be for the benefit of theatrics and ‘non-convictions’. Even now, as we see PwC named in linking to Quindell, the press steers clear form PwC regarding Tesco. So in all this, what is wrong with the picture we see, moreover, why is there ‘suddenly’ (implied it is sudden, it is not a given) an investigation 4 years later, one that seems to have been activated as the Americans pull away, which beckons the question why the CPS waited for the American parts in the first place.

Leave a comment

Filed under Finance, Law, Media, Politics

Tagged as Alice in Wonderland, CPS, Crown Prosecution Service, DPP, FCA, Jimmy Savile, Machiavelli, Mad Hatter, March Hare, Murdoch publisher, Operation Weeting, Philip Clarke, Pricewaterhouse Coopers, PricewaterhouseCoopers, PwC, Quindell, Rolf Harris, Rupert Murdoch, Serious Fraud Office, SFO, Tesco, Through the looking glass

Category Archives: Law

Recent Posts

Archives